§13108 — Title 5 Government Organization and Employees | U.S. Code

Summary

Federal ethics offices, the Office of Government Ethics (OGE), congressional ethics committees, and the Judicial Conference must review each report filed under this law within 60 days of filing. The OGE Director only reviews reports that are sent to the Director, and must do so within 60 days of that transmittal. If the reviewer thinks the filer follows the rules, they will note that and sign the report. If more information is needed, the reviewer will tell the filer what to send and by when. If the reviewer thinks the filer is not following the rules, they will notify the filer, give a chance to respond in writing or orally, and then decide. If the filer is found not in compliance, the reviewer will say which steps should be taken and set a deadline. Possible steps include divesting assets, paying restitution, creating a blind trust, asking for an exemption under section 208(b) of title 18, or volunteering a transfer, reassignment, limits on duties, or resignation. If the steps are not done by the deadline, the matter is sent to the proper authority: the President for Senate-confirmed executive appointees, the Secretary concerned for Foreign Service or uniformed service members, or the agency head, congressional ethics committee, or Judicial Conference for others. For the Postmaster General or Deputy, OGE will recommend action to the USPS Board of Governors. Supervising ethics offices can issue public advisory opinions, and people who act in good faith following such an opinion (or in identical situations who act the same) are protected from penalties under this law.

Title 5, §13108

Government Organization and Employees — Source: USLM XML via OLRC

(a)(1)Each designated agency ethics official or Secretary concerned shall make provisions to ensure that each report filed with the designated agency ethics official or Secretary under this subchapter is reviewed within 60 days after the date of such filing, except that the Director of the Office of Government Ethics shall review only those reports required to be transmitted to the Director of the Office of Government Ethics under this subchapter within 60 days after the date of transmittal.

(2)Each congressional ethics committee and the Judicial Conference shall make provisions to ensure that each report filed under this subchapter is reviewed within 60 days after the date of such filing.

(b)(1)If after reviewing any report under subsection (a), the Director of the Office of Government Ethics, the Secretary concerned, the designated agency ethics official, a person designated by the congressional ethics committee, or a person designated by the Judicial Conference, as the case may be, is of the opinion that on the basis of information contained in such report the individual submitting such report is in compliance with applicable laws and regulations, he or she shall state such opinion on the report, and shall sign such report.

(2)If the Director of the Office of Government Ethics, the Secretary concerned, the designated agency ethics official, a person designated by the congressional ethics committee, or a person designated by the Judicial Conference, after reviewing any report under subsection (a)—

(A)believes additional information is required to be submitted, he or she shall notify the individual submitting such report what additional information is required and the time by which it must be submitted; or

(B)is of the opinion, on the basis of information submitted, that the individual is not in compliance with applicable laws and regulations, he or she shall notify the individual, afford a reasonable opportunity for a written or oral response, and after consideration of such response, reach an opinion as to whether or not, on the basis of information submitted, the individual is in compliance with such laws and regulations.

(3)If the Director of the Office of Government Ethics, the Secretary concerned, the designated agency ethics official, a person designated by a congressional ethics committee, or a person designated by the Judicial Conference, reaches an opinion under paragraph (2)(B) that an individual is not in compliance with applicable laws and regulations, the official or committee shall notify the individual of that opinion and, after an opportunity for personal consultation (if practicable), determine and notify the individual of which steps, if any, would in the opinion of such official or committee be appropriate for assuring compliance with such laws and regulations and the date by which such steps should be taken. Such steps may include, as appropriate—

(A)divestiture;

(B)restitution;

(C)the establishment of a blind trust;

(D)request for an exemption under section 208(b) of title 18; or

(E)voluntary request for transfer, reassignment, limitation of duties, or resignation.

(4)If steps for assuring compliance with applicable laws and regulations are not taken by the date set under paragraph (3) by an individual in a position in the executive branch (other than in the Foreign Service or the uniformed services), appointment to which requires the advice and consent of the Senate, the matter shall be referred to the President for appropriate action.

(5)If steps for assuring compliance with applicable laws and regulations are not taken by the date set under paragraph (3) by a member of the Foreign Service or the uniformed services, the Secretary concerned shall take appropriate action.

(6)If steps for assuring compliance with applicable laws and regulations are not taken by the date set under paragraph (3) by any other officer or employee, the matter shall be referred to the head of the appropriate agency, the congressional ethics committee, or the Judicial Conference, for appropriate action, except that in the case of the Postmaster General or Deputy Postmaster General, the Director of the Office of Government Ethics shall recommend to the Governors of the Board of Governors of the United States Postal Service the action to be taken.

(7)Each supervising ethics office may render advisory opinions interpreting this subchapter within its respective jurisdiction. Notwithstanding any other provision of law, the individual to whom a public advisory opinion is rendered in accordance with this paragraph, and any other individual covered by this subchapter who is involved in a fact situation which is indistinguishable in all material aspects, and who acts in good faith in accordance with the provisions and findings of such advisory opinion shall not, as a result of such act, be subject to any penalty or sanction provided by this subchapter.

Notes & Related Subsidiaries

Historical and Revision Notes

Revised SectionSource (U.S. Code)Source (Statutes at Large) 131085 U.S.C. App. (EGA § 106)Pub. L. 95–521, title I, § 106, Oct. 26, 1978, 92 Stat. 1833; Pub. L. 101–194, title II, § 202, Nov. 30, 1989, 103 Stat. 1739; Pub. L. 101–280, § 3(1), (7), May 4, 1990, 104 Stat. 152, 155.

§13108 Review of reports

Summary

Title 5, §13108

Notes & Related Subsidiaries

Historical and Revision Notes

Citations & Metadata