dreamproit/uscode huggingface dataset:
(Title 5 Appendix)
§ 8N. Additional provisions with respect to the Department of Energy
(a) The Secretary of Energy may prohibit the Inspector General of the Department of Energy from accessing Restricted Data and nuclear safeguards information protected from disclosure under chapter 12 of the Atomic Energy Act of 1954 (42 U.S.C. 2161 et seq.) and intelligence or counterintelligence, as defined in section 3 of the National Security Act of 1947 (50 U.S.C. 3003), if the Secretary of Energy determines that the prohibition is necessary to protect the national security or prevent the significant impairment to the national security interests of the United States.
(b) Not later than 7 days after the date on which the Secretary of Energy exercises any power authorized under subsection (a), the Secretary shall notify the Inspector General of the Department of Energy in writing the reasons for such exercise. Within 30 days after receipt of any such notice, the Inspector General of the Department of Energy shall submit to the appropriate committees of Congress a statement concerning such exercise.
(Pub. L. 95–452, § 8N, as added Pub. L. 114–317, § 6(7), Dec. 16, 2016, 130 Stat. 1604.)
heading: Editorial Notes
heading: References in Text
text: The Atomic Energy Act of 1954, referred to in subsec. (a), is act Aug. 1, 1946, ch. 724, as added by act Aug. 30, 1954, ch. 1073, § 1, 68 Stat. 919. Chapter 12 of the Act is classified generally to subchapter XI (§ 2161 et seq.) of chapter 23 of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 2011 of Title 42 and Tables.
(Title 5 Appendix)
§ 10. Omitted
heading: Editorial Notes
heading: Codification
text: Section, Pub. L. 95–452, § 10, Oct. 12, 1978, 92 Stat. 1108, amended sections 5315 and 5316 of Title 5, Government Organization and Employees, and section 3522 of Title 42, The Public Health and Welfare, which amendments have been executed to text.
(Title 5 Appendix)
§ 108. Authority of Comptroller General
(a) The Comptroller General shall have access to financial disclosure reports filed under this title for the purposes of carrying out his statutory responsibilities.
(b) No later than December 31, 1992, and regularly thereafter, the Comptroller General shall conduct a study to determine whether the provisions of this title are being carried out effectively.
(Pub. L. 95–521, title I, § 108, Oct. 26, 1978, 92 Stat. 1835; Pub. L. 96–19, § 9(t), June 13, 1979, 93 Stat. 44; Pub. L. 101–194, title II, § 202, Nov. 30, 1989, 103 Stat. 1741.)
heading: Editorial Notes
heading: Codification
text: Section was formerly classified to section 708 of Title 2, The Congress.
heading: Amendments
text: 1989—Pub. L. 101–194 amended section generally, substituting provisions relating to authority of Comptroller General for provision relating to preemption of State laws.
1979—Pub. L. 96–19 inserted “holding the office of Member or” after “financial disclosure by reason of”.
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date of 1989 Amendment
text: Amendment by Pub. L. 101–194 effective Jan. 1, 1991, see section 204 of Pub. L. 101–194, set out as a note under section 101 of this Appendix.
(Title 5 Appendix)
§ 110. Notice of actions taken to comply with ethics agreements
(a) In any case in which an individual agrees with that individual’s designated agency ethics official, the Office of Government Ethics, a Senate confirmation committee, a congressional ethics committee, or the Judicial Conference, to take any action to comply with this Act or any other law or regulation governing conflicts of interest of, or establishing standards of conduct applicable with respect to, officers or employees of the Government, that individual shall notify in writing the designated agency ethics official, the Office of Government Ethics, the appropriate committee of the Senate, the congressional ethics committee, or the Judicial Conference, as the case may be, of any action taken by the individual pursuant to that agreement. Such notification shall be made not later than the date specified in the agreement by which action by the individual must be taken, or not later than three months after the date of the agreement, if no date for action is so specified.
(b) If an agreement described in subsection (a) requires that the individual recuse himself or herself from particular categories of agency or other official action, the individual shall reduce to writing those subjects regarding which the recusal agreement will apply and the process by which it will be determined whether the individual must recuse himself or herself in a specific instance. An individual shall be considered to have complied with the requirements of subsection (a) with respect to such recusal agreement if such individual files a copy of the document setting forth the information described in the preceding sentence with such individual’s designated agency ethics official or the appropriate supervising ethics office within the time prescribed in the last sentence of subsection (a).
(Pub. L. 95–521, title I, § 110, as added Pub. L. 101–194, title II, § 202, Nov. 30, 1989, 103 Stat. 1744; amended Pub. L. 101–280, § 3(1), May 4, 1990, 104 Stat. 152.)
heading: Editorial Notes
heading: References in Text
text: This Act, referred to in subsec. (a), is Pub. L. 95–521, Oct. 26, 1978, 92 Stat. 1824, as amended, known as the Ethics in Government Act of 1978. For complete classification of this Act to the Code, see Short Title note set out under section 101 of this Appendix and Tables.
heading: Amendments
text: 1990—Subsec. (a). Pub. L. 101–280 struck out “of the United States” after “Judicial Conference” wherever appearing.
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date
text: Section effective Jan. 1, 1991, see section 204 of Pub. L. 101–194, set out as an Effective Date of 1989 Amendment note under section 101 of this Appendix.
(Title 5 Appendix)
§ 111. Administration of provisions
The provisions of this title shall be administered by—
(1) the Director of the Office of Government Ethics, the designated agency ethics official, or the Secretary concerned, as appropriate, with regard to officers and employees described in paragraphs (1) through (8) of section 101(f);
(2) the Select Committee on Ethics of the Senate and the Committee on Standards of Official Conduct of the House of Representatives, as appropriate, with regard to officers and employees described in paragraphs (9) and (10) of section 101(f); and
(3) the Judicial Conference in the case of an officer or employee described in paragraphs (11) and (12) of section 101(f).
The Judicial Conference may delegate any authority it has under this title to an ethics committee established by the Judicial Conference.
(Pub. L. 95–521, title I, § 111, as added Pub. L. 101–194, title II, § 202, Nov. 30, 1989, 103 Stat. 1744; amended Pub. L. 101–280, § 3(1), (9), May 4, 1990, 104 Stat. 152, 157.)
heading: Editorial Notes
heading: Amendments
text: 1990—Pub. L. 101–280, § 3(9)(C), inserted sentence at end authorizing Judicial Conference to delegate its authority to an ethics committee.
Par. (2). Pub. L. 101–280, § 3(9)(A), substituted “Select Committee on Ethics of the Senate” for “Senate Select Committee on Ethics”.
Par. (3). Pub. L. 101–280, § 3(9)(B), struck out “and clerk of the applicable court, as appropriate,” before “in the case of”.
Pub. L. 101–280, § 3(1), struck out “of the United States” after “Judicial Conference”.
heading: Statutory Notes and Related Subsidiaries
heading: Change of Name
text: Committee on Standards of Official Conduct of House of Representatives changed to Committee on Ethics of House of Representatives by House Resolution No. 5, One Hundred Twelfth Congress, Jan. 5, 2011.
heading: Effective Date
text: Section effective Jan. 1, 1991, see section 204 of Pub. L. 101–194, set out as an Effective Date of 1989 Amendment note under section 101 of this Appendix.
heading: Transmittal of Financial Disclosure Reports
text: Pub. L. 101–194, title IX, § 902, Nov. 30, 1989, 103 Stat. 1780, provided that:
“(a) The Select Committee on Ethics shall transmit a copy of each report filed with it under title I of the Ethics in Government Act of 1978 [section 101 et seq. of Pub. L. 95–521, set out in this Appendix] (other than a report filed by a Member of Congress) to the head of the employing office of the individual filing the report.
“(b) For purposes of this section, the head of the employing office shall be—
“(A) in the case of an employee of a Member, the Member by whom that person is employed;
“(B) in the case of an employee of a Committee, the chairman and ranking minority member of such Committee;
“(C) in the case of an employee on the leadership staff, the Member of the leadership on whose staff such person serves; and
“(D) in the case of any other employee of the legislative branch, the head of the office in which such individual serves.”
(Title 5 Appendix)
[§ 112. Repealed. Pub. L. 101–280, § 3(10)(A), May 4, 1990, 104 Stat. 157]
text: Section, Pub. L. 95–521, title I, § 112, as added Pub. L. 101–194, title II, § 202, Nov. 30, 1989, 103 Stat. 1744, provided that the provisions made by title I of Pub. L. 95–521 take effect on Jan. 1, 1990, and be applicable to reports filed under such title after Jan. 1, 1991. See section 3(10)(C) of Pub. L. 101–280 and section 204 of Pub. L. 101–194, set out as an Effective Date of 1989 Amendment note under section 101 of this Appendix.
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date of Repeal
text: Repeal effective May 4, 1990, see section 11 of Pub. L. 101–280, set out as an Effective Date of 1990 Amendment note under section 101 of this Appendix.
(Title 5 Appendix)
§ 401. Establishment; appointment of Director
(a) There is established an executive agency to be known as the Office of Government Ethics.
(b) There shall be at the head of the Office of Government Ethics a Director (hereinafter referred to as the “Director”), who shall be appointed by the President, by and with the advice and consent of the Senate. Effective with respect to any individual appointed or reappointed by the President as Director on or after October 1, 1983, the term of service of the Director shall be five years.
(c) The Director may—
(1) appoint officers and employees, including attorneys, in accordance with chapter 51 and subchapter III of chapter 53 of title 5, United States Code; and
(2) contract for financial and administrative services (including those related to budget and accounting, financial reporting, personnel, and procurement) with the General Services Administration, or such other Federal agency as the Director determines appropriate, for which payment shall be made in advance, or by reimbursement, from funds of the Office of Government Ethics in such amounts as may be agreed upon by the Director and the head of the agency providing such services.
Contract authority under paragraph (2) shall be effective for any fiscal year only to the extent that appropriations are available for that purpose.
(Pub. L. 95–521, title IV, § 401, Oct. 26, 1978, 92 Stat. 1862; Pub. L. 98–150, § 2, Nov. 11, 1983, 97 Stat. 959; Pub. L. 100–598, § 3, Nov. 3, 1988, 102 Stat. 3031; Pub. L. 104–179, § 4(b)(2)(A), Aug. 6, 1996, 110 Stat. 1567.)
heading: Editorial Notes
heading: Amendments
text: 1996—Pub. L. 104–179 substituted “Establishment; appointment of Director” for “Office of Government Ethics” in section catchline.
1988—Subsec. (a). Pub. L. 100–598, § 3(a), substituted “an executive agency to be known as” for “in the Office of Personnel Management an office to be known as”.
Subsec. (c). Pub. L. 100–598, § 3(b), added subsec. (c).
1983—Subsec. (b). Pub. L. 98–150 inserted provision that, effective with respect to any individual appointed or reappointed by the President as Director on or after Oct. 1, 1983, the term of service of the Director shall be five years.
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date of 1988 Amendment
text: Pub. L. 100–598, § 10, Nov. 3, 1988, 102 Stat. 3035, provided that:
“(a) In General.—
Except as provided in subsection (b), the amendments made by this Act [enacting section 408 of Pub. L. 95–521, set out in this Appendix, and amending sections 401 to 403, 405, and 407 of Pub. L. 95–521, set out in this Appendix, and sections 5314 and 5316 of this title] shall take effect on the date of the enactment of this Act [Nov. 3, 1988].
“(b) Exception.—
The amendments made by section 3 [amending section 401 of Pub. L. 95–521, set out in this Appendix] shall take effect on October 1, 1989.”
heading: Effective Date of 1983 Amendment
text: Amendment by Pub. L. 98–150 effective Oct. 1, 1983, see section 13 of Pub. L. 98–150 set out as a note under section 102 of this Appendix.
(Title 5 Appendix)
§ 404. Rules and regulations
In promulgating rules and regulations pertaining to financial disclosure, conflict of interest, and ethics in the executive branch, the Director shall issue rules and regulations in accordance with chapter 5 of title 5, United States Code. Any person may seek judicial review of any such rule or regulation.
(Pub. L. 95–521, title IV, § 404, Oct. 26, 1978, 92 Stat. 1863; Pub. L. 98–150, § 3(c), Nov. 11, 1983, 97 Stat. 960.)
heading: Editorial Notes
heading: Amendments
text: 1983—Pub. L. 98–150 substituted “Director” for “Office of Personnel Management”.
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date of 1983 Amendment
text: Amendment by Pub. L. 98–150 effective Oct. 1, 1983, see section 13 of Pub. L. 98–150 set out as a note under section 102 of this Appendix.
(Title 5 Appendix)
§ 405. Authorization of appropriations
There are authorized to be appropriated to carry out this title such sums as may be necessary for fiscal year 2007 1
(Pub. L. 95–521, title IV, § 405, Oct. 26, 1978, 92 Stat. 1863; Pub. L. 98–150, § 12, Nov. 11, 1983, 97 Stat. 963; Pub. L. 100–598, § 2, Nov. 3, 1988, 102 Stat. 3031; Pub. L. 101–334, § 2, July 16, 1990, 104 Stat. 318; Pub. L. 102–506, § 2, Oct. 24, 1992, 106 Stat. 3280; Pub. L. 104–179, § 3, Aug. 6, 1996, 110 Stat. 1566; Pub. L. 107–119, § 2, Jan. 15, 2002, 115 Stat. 2382; Pub. L. 109–289, div. B, title II, § 21069, as added Pub. L. 110–5, § 2, Feb. 15, 2007, 121 Stat. 57.)
heading: Editorial Notes
heading: Amendments
text: 2007—Pub. L. 109–289, § 21069, as added by Pub. L. 110–5, amended text of section generally. Prior to amendment, text read as follows: “There are authorized to be appropriated to carry out this title such sums as may be necessary for each of fiscal years 2002 through 2006.”
2002—Pub. L. 107–119 substituted “2002 through 2006” for “1997 through 1999”.
1996—Pub. L. 104–179 amended text of section generally. Prior to amendment, text read as follows: “There are authorized to be appropriated to carry out the provisions of this title and for no other purpose—
“(1) not to exceed $2,500,000 for the fiscal year ending September 30, 1989;
“(2) not to exceed $5,000,000 for the fiscal year ending September 30, 1990; and
“(3) such sums as may be necessary for each of the 4 fiscal years thereafter.”
1992—Pub. L. 102–506 struck out “and” at end of par. (1), substituted “the fiscal year ending September 30, 1990; and” for “each of the 5 fiscal years thereafter.” in par. (2), and added par. (3).
1990—Par. (2). Pub. L. 101–334 substituted “$5,000,000” for “$3,500,000”.
1988—Pub. L. 100–598 amended section generally. Prior to amendment, section read as follows: “There are authorized to be appropriated to carry out the provisions of this title, and for no other purpose—
“(1) not to exceed $2,000,000 for the fiscal year ending September 30, 1979; and
“(2) not to exceed $2,000,000 for each of the nine fiscal years thereafter.”
1983—Par. (2). Pub. L. 98–150 substituted “nine” for “four”.
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date of 1983 Amendment
text: Amendment by Pub. L. 98–150 effective Oct. 1, 1983, see section 13 of Pub. L. 98–150 set out as a note under section 102 of this Appendix.
(Title 5 Appendix)
§ 407. Annual pay of Director
[Section amended sections 5314 and 5316 of Title 5, Government Organization and Employees.]
(Pub. L. 95–521, title IV, § 407, as added Pub. L. 98–150, § 4, Nov. 11, 1983, 97 Stat. 960; amended Pub. L. 100–598, § 8, Nov. 3, 1988, 102 Stat. 3035.)
heading: Editorial Notes
heading: Amendments
text: 1988—Pub. L. 100–598 substituted “Annual pay of Director” for “Submission of budget” in section catchline and amended text generally. Prior to amendment, text read as follows:
“(a) In the budget submitted to the Congress pursuant to section 1105(a) of title 31, United States Code, the President shall include estimated expenditures and proposed appropriations the President decides are necessary to support the Office of Government Ethics in the fiscal year for which the budget is submitted and the four fiscal years after that year.
“(b) In the statement of changes submitted to Congress with respect to the budget pursuant to section 1106(b) of title 31, United States Code, the President shall specify the effect of such changes on the information submitted pursuant to subsection (a) of this section.”
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date
text: Section effective Oct. 1, 1983, see section 13 of Pub. L. 98–150 set out as an Effective Date of 1983 Amendment note under section 102 of this Appendix.
(Title 5 Appendix)
§ 408. Reports to Congress
The Director shall, no later than April 30 of each year in which the second session of a Congress begins, submit to the Congress a report containing—
(1) a summary of the actions taken by the Director during a 2-year period ending on December 31 of the preceding year in order to carry out the Director’s functions and responsibilities under this title; and
(2) such other information as the Director may consider appropriate.
(Pub. L. 95–521, title IV, § 408, as added Pub. L. 100–598, § 4, Nov. 3, 1988, 102 Stat. 3031; amended Pub. L. 104–179, § 4(b)(2)(B), Aug. 6, 1996, 110 Stat. 1567.)
heading: Editorial Notes
heading: Amendments
text: 1996—Pub. L. 104–179 substituted “April 30” for “March 31” in introductory provisions.
(Title 5 Appendix)
§ 504. Civil Penalties
(a) Civil Action.—
The Attorney General may bring a civil action in any appropriate United States district court against any individual who violates any provision of section 501 or 502. The court in which such action is brought may assess against such individual a civil penalty of not more than $10,000 or the amount of compensation, if any, which the individual received for the prohibited conduct, whichever is greater.
(b) Advisory Opinions.—
Any entity described in section 503 may render advisory opinions interpreting this title, in writing, to individuals covered by this title. Any individual to whom such an advisory opinion is rendered and any other individual covered by this title who is involved in a fact situation which is indistinguishable in all material aspects, and who, after the issuance of such advisory opinion, acts in good faith in accordance with its provisions and findings shall not, as a result of such actions, be subject to any sanction under subsection (a).
(Pub. L. 95–521, title V, § 504, as added Pub. L. 101–194, title VI, § 601(a), Nov. 30, 1989, 103 Stat. 1761.)
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date
text: Section effective Jan. 1, 1991, but shall cease to be effective if the provisions of section 703 of Pub. L. 101–194, 5 U.S.C. 5318 note, are subsequently repealed, see section 603 of Pub. L. 101–194, set out as an Effective Date of 1989 Amendment note under section 7701 of Title 26, Internal Revenue Code.
(Title 5 Appendix)
§ 505. Definitions
For purposes of this title:
(1) The term “Member” means a Senator in, a Representative in, or a Delegate or Resident Commissioner to, the Congress.
(2) The term “officer or employee” means any officer or employee of the Government except any special Government employee (as defined in section 202 of title 18, United States Code).
(3) The term “honorarium” means a payment of money or any thing of value for an appearance, speech or article (including a series of appearances, speeches, or articles if the subject matter is directly related to the individual’s official duties or the payment is made because of the individual’s status with the Government) by a Member, officer or employee, excluding any actual and necessary travel expenses incurred by such individual (and one relative) to the extent that such expenses are paid or reimbursed by any other person, and the amount otherwise determined shall be reduced by the amount of any such expenses to the extent that such expenses are not paid or reimbursed.
(4) The term “travel expenses” means, with respect to a Member, officer or employee, or a relative of any such individual, the cost of transportation, and the cost of lodging and meals while away from his or her residence or principal place of employment.
(5) The term “charitable organization” means an organization described in section 170(c) of the Internal Revenue Code of 1986 [26 U.S.C. 170(c)].
(Pub. L. 95–521, title V, § 505, as added Pub. L. 101–194, title VI, § 601(a), Nov. 30, 1989, 103 Stat. 1761; amended Pub. L. 102–90, title I, § 6(b)(2), (3), title III, § 314(b), Aug. 14, 1991, 105 Stat. 450, 469.)
heading: Editorial Notes
heading: Amendments
text: 1991—Par. (1). Pub. L. 102–90, § 6(b)(2), inserted “a Senator in,” before “a Representative”.
Par. (2). Pub. L. 102–90, § 6(b)(3), struck out “(A) any individual (other than the Vice President) whose compensation is disbursed by the Secretary of the Senate or (B)” after “except”.
Par. (3). Pub. L. 102–90, § 314(b), inserted “(including a series of appearances, speeches, or articles if the subject matter is directly related to the individual’s official duties or the payment is made because of the individual’s status with the Government)” before “by a Member”.
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date of 1991 Amendment
text: Amendment by section 314(b) of Pub. L. 102–90 effective Jan. 1, 1992, see section 314(g)(1) of Pub. L. 102–90, as amended, set out as a note under section 4725 of Title 2, The Congress.
heading: Effective Date
text: Section effective Jan. 1, 1991, but shall cease to be effective if the provisions of section 703 of Pub. L. 101–194, 5 U.S.C. 5318 note, are subsequently repealed, see section 603 of Pub. L. 101–194, set out as an Effective Date of 1989 Amendment note under section 7701 of Title 26, Internal Revenue Code.