Office of Government Ethics Reauthorization Act of 1988
PL 100-598 (S.2344), enacted 11/03/1988

PUBLIC LAW 100-598—NOV. 3, 1988 
102 STAT. 3031 
Public Law 100-598 
100th Congress 
An Act 
Nov. 3, 1988 
[S. 2344] 
Government 
organization 
and employees. 
Appropriation 
authorization. 
5 u s e app. 
To reauthorize the Office of Government Ethics, and for other purposes. 
Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, 
SECTION 1. REFERENCES. 
Except as otherwise expressly provided, whenever in this Act an 
amendment or repeal is expressed in terms of an amendment to, or 
a repeal of, a section or other provision, the reference shall be 
considered to be made to a section or other provision of the Ethics in 
Government Act of 1978 (5 U.S.C. App.). 
SEC. 2. REAUTHORIZATION. 
Section 405 is amended to read as follows: 
"There are authorized to be appropriated to carry out the provi-
sions of this title and for no other purpose— 
"(1) not to exceed $2,500,000 for the fiscal year ending Septem-
ber 30,1989; and 
"(2) not to exceed $3,500,000 for each of the 5 fiscal years 
thereafter.". 
SEC. 3. OFFICE OF GOVERNMENT ETHICS TO FUNCTION INDEPENDENTLY. 
(a) ESTABLISHMENT AS A SEPARATE EXECUTIVE AGENCY.—Section 
401(a) is amended by striking out "in the Office of Personnel 5 USC app. 
Management an office to be known as" and inserting "an executive 
agency to be known as". 
O
t
>
) APPOINTMENT AND CONTRACTING AUTHORITY.—Section 401 is 
amended by adding at the end the following: 
"(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 (includ-
ing 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.". 
SEC. 4. REPORTS TO CONGRESS. 
The Ethics in Government Act of 1978 is amended by adding after 
section 407 the following: 
5 USC app. 
102 STAT. 3032 
PUBLIC LAW 100-598—NOV. 3, 1988 
"REPORTS TO CONGRESS 
"SEC. 408. The Director shall, no later than March 31 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.". 
SEC. 5. AGENCY PROCEDURES RELATING TO FINANCIAL DISCLOSURE 
STATEMENTS. 
5 use app. 
Section 402 is amended by adding after subsection (c) the follow-
ing: 
"(dXD The Director shall, by the exercise of any authority other-
wise available to the Director under this title, ensure that each 
executive agency has established written procedures relating to how 
the agency is to collect, review, evaluate, and, if applicable, make 
publicly available, financial disclosure statements filed by any of its 
officers or employees. 
"(2) In carrying out paragraph (1), the Director shall ensure that 
each gigency's procedures are in conformance with all applicable 
requirements, whether established by law, rule, regulation, or 
Executive order.". 
SEC. 
6
. 
INFORMATION 
TO 
BE 
REPORTED 
BY 
EXECUTIVE 
AGENCIES. 
Section 402 is amended by adding after subsection (d) (as added by 
section 5) the following: 
Regulations. 
"(e) In Carrying out subsection (bXlO), the Director shall prescribe 
regulations under which— 
Reports. 
"(1) each executive agency shall be required to submit to the 
Office an annual report containing— 
"(A) a description and evaluation of the agency's ethics 
program, including any educational, counseling, or other 
services provided to officers and employees, in effect during 
the period covered by the report; and 
"(B) the position title and duties of— 
"(i) each official who was designated by the agency 
head to have primary responsibility for the administra-
tion, coordination, and management of the agency's 
ethics program during any portion of the period cov-
ered by the report; and 
"(ii) each officer or employee who was designated to 
serve as an alternate to the official having primary 
responsibility during any portion of such period; and 
"(C) any other information that the Director may require 
in order to carry out the responsibilities of the Director 
under this title; and 
"(2) each executive agency shall be required to inform the 
Director upon referral of any alleged violation of Federal con-
flict of interest law to the Attorney General pursuant to section 
535 of title 28, United States Code, except that nothing under 
this paragraph shall require any notification or disclosure 
which would otherwise be prohibited by law.". 
information. 
PUBLIC LAW 100-598—NOV. 3, 1988 
102 STAT. 3033 
SEC 7. CORRECTIVE ACTION. 
Section 402 is amended by adding after subsection (e) (as added by 
5 use app. 
section 6) the following: 
"(fKD In carrying out subsection (bX9) with respect to executive 
agencies, the Director— 
"(A)may— 
"(i) order specific corrective action on the part of an 
Public 
agency based on the failure of such agency to establish a 
system for the collection, filing, review, and, when ap-
plicable, pubUc inspection of financial disclosure state-
ments, in accordance with applicable requirements, or to 
modify an existing system in order to meet applicable 
requirements; or 
"(ii) order specific corrective action involving the 
establishment or modification of an agency ethics pn^ram 
(other than with respect to any matter under clause (i)) in 
accordance with applicable requirements; and 
"(B) shall, if an agency has not compUed with an order under 
subparagraph (A) within a reasonable period of time, notify the 
President and the Congress of the agency's noncompliance in 
writing (including, with the notification, any written comments 
which the agency may provide). 
"(2XA) In carrying out subsection (bX9) with respect to individual 
officers and employees— 
"(i) the Director may make such recommendations and pro-
vide such advice to such officers and employees as the Director 
considers necessary to ensure compliance with rules, regula-
tions, and Ebcecutive orders relating to conflicts of interest or 
standards of conduct; 
"(ii) if the Director has reason to believe that an officer or 
employee is violating, or has violated, any rule, r^ulation, or 
Executive order relating to confficts of interest or standards of 
conduct, the Director— 
"(I) may recommend to the head of the officer's or 
employee's agency that such agency head investigate the 
possible violation and, if the agency head finds such a 
violation, that such agency head take any appropriate dis-
ciplinary action (such as reprimand, suspension, demotion, 
or dismissal) against the officer or employee, except that, if 
the officer or employee involved is the agency head, any 
such recommendation shall instead be submitted to the 
President; and 
"(n) shall notify the President in writing if the Director 
determines that the head of an agency has not conducted 
an investigation pursuant to subclause (I) within a reason-
able time after the Director recommends such action; 
"(iii) if the Director finds that an officer or employee is 
violating any rule, r^ulation, or Executive order relating to 
confficts of interest or standards of conduct, the Director— 
"(D may order the officer or employee to take specific 
action (such as divestiture, recusal, or the establishment of 
a blind trust) to end such violation; and 
"(II) shall, if the officer or employee has not complied 
with the order under subclause (I) within a reasonable 
period of time, notify, in writing, the head of the officer's or 
employee's agency of the officer's or employee's noncompli-
102 STAT. 3034 
PUBLIC LAW 100-598—NOV. 3, 1988 
anoe, except that, if the officer or employee involved is the 
agency head, the notificatioii shall instead be submitted to 
the President; and 
"(iv) if the Director finds that an officer or employee is 
violating, or has violated, any rule, regulation, or Executive 
order rdating to conflicts of interest or standards of conduct, 
the Director— 
"(I) may recommend to the head of the officer's or 
employee's agency that appropriate disciplinary action 
(such as reprimand, suspension, demotion, or dismissal) be 
brought a^dnst the officer or employee, except that if the 
officer or employee involved is the agency head, any such 
recommendations shall instead be siDbmitted to the Presi-
dent; and 
"(n) may notify the President in writing if the Director 
determines that the head of an agency has not taken 
appropriate disciplinary action within a reasonable period 
of time after the Director recommends such action. 
"(BXi) In order to carry out the Director's duties and responsibil-
ities under subparagraph (A) (iii) or (iv) with respect to individual 
officers and employees, the Director may conduct investigations and 
make findings concerning possible violations of any rule, regulation, 
or Ehcecutive order relatii^ to conflicts of interest or standards of 
conduct applicad)le to officers and employees of the executive 
branch. 
"(iiXD Subject to clause (iv) of this subparagraph, before any 
finding is made under subparagraphs (A) (iii) or (iv), the officer or 
employee involved shall be affoided notification of the alleged viola-
tion, and an opportunity to comment, either orally or in writing, on 
the allied violation. 
"dD The Director shall, in accordance with section 553 of title 5, 
United States Code, establish procedures for such notification and 
oonunent. 
"(iii) Subject to clause (iv) of this subparagraph, before any action 
is ordered under subparagraph (AKiii), the officer or employee 
involved shall be afforded an opportunity for a hearing, if requested 
by such officer or employee, except that any such hearing shall be 
conducted on the record. 
"(iv) The procedures described in clauses (ii) and (iii) of this 
subparagraph do not apply to findings or orders for action made to 
obtain compliance with tiie financial disclosure requirements in title 
2 of this Act. For those findings and orders, the procedures in section 
206 of this Act shall apply. 
"(3) The Director shall send a copy of any order under paragraph 
(2XAXiii)to-
"(A) the officer or employee who is the subject of such order; 
and 
"(B) the head of officer's or employee's agency or, if such 
officer or employee is the agency head, to the President. 
"(4) For purposes of paragraphs (2XA) (ii), (iii), (iv), and (3XB), in 
the case of an officer or employee within an agency which is headed 
by a board, committee, or other group of individuals (rather than by 
a single individual), any notification, recommendation, or other 
matter which would otherwise be sent to an a^ncy head shall 
instead be sent to the officer's or employee's appointing authority. 
"(5) Nothing in this title shall be considered to allow the Director 
(or any designee) to make any finding that a provision of title 18, 
PUBLIC LAW 100-598—NOV. 3, 1988 
102 STAT. 3035 
United States Code, or any criminal law of the United States outside 
of such title, has been or is being violated. 
"(6) Notwithstanding any other provision of law, no record devel- Records. 
oped pursuant to the authority of this section concerning an inves-
tigation of an individual for a violation of any rule, regulation, or 
Executive order relating to a conflict of interest shall be made 
available pursuant to section 552(aX3) of title 5, United States Code, 
unless the request for such information identifies the individual to 
whom such records relate and the subject matter of any alleged 
violation to which such records relate, except that nothing in this 
subsection shall affect the application of the provisions of section 
552(b) of title 5, United States Code, to any record so identified.". 
SEC. 8. ANNUAL PAY OF DIRECTOR. 
Section 407 is amended to read as follows: 
5 use app. 
"ANNUAL PAY OF DIRECTOR 
"SEC. 407. Chapter 53 of title 5, United States Code, is amended— 
"(1) in section 5316 by striking out: 'Director of the Office of 
Government Ethics.'; and 
"(2) in section 5314 by adding at the end thereof: 'Director of 
the Office of Government Ethics.' ". 
SEC. 9. ADMINISTRATIVE PROVISIONS. 
Section 403 is amended by striking out "pursuant to subsections 
5 use app. 
Ot))(3) and 03X4) of section 402." and inserting in lieu thereof "pursu-
ant to the Office of Government Ethics responsibilities under this 
Act. The head of any agency may detail such personnel and furnish 
such services, with or without reimbursement, as the Director may 
request to carry out the provisions of this Act". 
SEC. 10. EFFECTIVE DATE. 
5 USC app. 
(a) IN GENERAL.—Except as provided in subsection Qji), the amend-
ments made by this Act shall take effect on the date of the enact-
ment of this Act. 
Q)) EXCEPTION.—The amendments made by section 3 shall take 
effect on October 1,1989. 
Approved November 3, 1988. 
LEGISLATIVE HISTORY—S. 2344 (H.R. 4712): 
HOUSE REPORTS: No. 100-1017, Pt. 1, accompanying H.R. 4712 (Comm. on Post 
Office and Civil Service). 
SENATE REPORTS: No. 100-392 (Comm. on Governmental Affairs). 
CONGRESSIONAL RECORD, Vol. 134 (1988): 
June 28, considered and passed Senate. 
Oct. 3, 4, considered and passed House, amended, in lieu of H.R. 4712. 
Oct. 20, Senate concurred in House amendment with an amendment. House 
concurred in Senate amendment. 
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