Federal Register, Volume 61 Issue 59 (Tuesday, March 26, 1996)
[Federal Register Volume 61, Number 59 (Tuesday, March 26, 1996)]
[Presidential Documents]
[Pages 13043-13045]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 96-]
Presidential Documents
Federal Register / Vol. 61, No. 59 / Tuesday, March 26, 1996 /
Presidential Documents
___________________________________________________________________
Title 3--
The President
[[Page 13043]]
Executive Order 12993 of March 21, 1996
Administrative Allegations Against Inspectors
General
Certain executive branch agencies are authorized to
conduct investigations of allegations of wrongdoing by
employees of the Federal Government. For certain
administrative allegations against Inspectors General
(``IGs'') and, as explained below, against certain
staff members of the Offices of Inspectors General
(``OIGs''), it is desirable to authorize an independent
investigative mechanism.
The Chairperson of the President's Council on Integrity
and Efficiency (``PCIE'') and the Executive Council on
Integrity and Efficiency (``ECIE''), in consultation
with members of the Councils, has established an
Integrity Committee pursuant to the authority granted
by Executive Order No. 12805.
By the authority vested in me as President by the
Constitution and the laws of the United States of
America, and in order to ensure that administrative
allegations against IGs and certain staff members of
the OIGs are appropriately and expeditiously
investigated and resolved, it is hereby ordered as
follows:
Section 1. The Integrity Committee. (a) To the extent
permitted by law, and in accordance with this order,
the Integrity Committee shall receive, review, and
refer for investigation allegations of wrongdoing
against IGs and certain staff members of the OIGs.
(b) The Integrity Committee shall consist of at
least the following members:
(1) The official of the Federal Bureau of
Investigation (``FBI'') serving on the PCIE, as
designated by the Director of the FBI. The FBI member
shall serve as Chair of the Integrity Committee.
(2) The Special Counsel of the Office of Special
Counsel;
(3) The Director of the Office of Government
Ethics;
(4) Three or more IGs, representing both the PCIE
and the ECIE, appointed by the Chairperson of the PCIE/
ECIE.
(c) The Chief of the Public Integrity Section of
the Criminal Division of the Department of Justice, or
his designee, shall serve as an advisor to the
Integrity Committee with respect to its
responsibilities and functions in accordance with this
order.
Sec. 2. Referral of Allegations. (a) The Integrity
Committee shall review all allegations of wrongdoing it
receives against an IG who is a member of the PCIE or
ECIE, or against a staff member of an OIG acting with
the knowledge of the IG or when the allegation against
the staff person is related to an allegation against
the IG, except that where an allegation concerns a
member of the Integrity Committee, that member shall
recuse himself from consideration of the matter.
(b) An IG shall refer any administrative allegation
against a senior staff member to the Integrity
Committee when:
(1) review of the substance of the allegation
cannot be assigned to an agency of the executive branch
with appropriate jurisdiction over the matter; and
(2) the IG determines that an objective internal
investigation of the allegation, or the appearance
thereof, is not feasible.
[[Page 13044]]
(c) The Integrity Committee shall determine if
there is a substantial likelihood that the allegation,
referred to it under paragraphs (a) or (b) of this
section, discloses a violation of any law, rule or
regulation, or gross mismanagement, gross waste of
funds or abuse of authority and shall refer the
allegation to the agency of the executive branch with
appropriate jurisdiction over the matter. However, if a
potentially meritorious administrative allegation
cannot be referred to an agency of the executive branch
with appropriate jurisdiction over the matter, the
Integrity Committee shall certify the matter to its
Chair, who shall cause a thorough and timely
investigation of the allegation to be conducted in
accordance with this order.
(d) If the Integrity Committee determines that an
allegation does not warrant further action, it shall
close the matter without referral for investigation and
notify the Chairperson of the PCIE/ECIE of its
determination.
Sec. 3. Authority to Investigate. (a) The Director of
the FBI, through his designee serving as Chairperson of
the Integrity Committee, is authorized and directed to
consider and, where appropriate, to investigate
administrative allegations against the IGs and, in
limited cases as described in sections 2(a) and 2(b)
above, against other staff members of the OIGs, when
such allegations cannot be assigned to another agency
of the executive branch and are referred by the
Integrity Committee pursuant to section 2(c) of this
order.
(b) At the request of the Director of the FBI,
through his designee serving as Chairperson, heads of
agencies and entities represented in the PCIE and ECIE
may, to the extent permitted by law, provide resources
necessary to the Integrity Committee. Employees from
those agencies and entities will be detailed to the
Integrity Committee, subject to the control and
direction of the Chairperson, to conduct an
investigation pursuant to section 2(c): Provided, that
such agencies or entities shall be reimbursed by the
agency or entity employing the subject of the
investigation. Reimbursement for any costs associated
with the detail shall be consistent with applicable
law, including but not limited to the Economy Act (31
U.S.C. 1535 and 1536), and subject to the availability
of funds.
(c) Nothing in the above delegation shall augment,
diminish, or otherwise modify any existing
responsibilities and authorities of any other executive
branch agency.
Sec. 4. Results of Investigation. (a) The report
containing the results of the investigation conducted
under the supervision of the Chair of the Integrity
Committee shall be provided to the members of the
Integrity Committee for consideration.
(b) With respect to those matters where the
Integrity Committee has referred an administrative
allegation to an agency of the executive branch with
appropriate jurisdiction over the matter, the head of
that agency shall provide a report to the Integrity
Committee concerning the scope and results of the
inquiry.
(c) The Integrity Committee shall assess the report
received under (a) or (b) of this section and determine
whether the results require forwarding of the report,
with Integrity Committee recommendations, to the
Chairperson of the PCIE/ECIE for resolution. If the
Integrity Committee determines that the report requires
no further referral or recommendations, it shall so
notify the Chairperson of the PCIE/ECIE.
(d) Where the Chairperson of the PCIE/ECIE
determines that dissemination of the report to the head
of the subject's employing agency or entity is
appropriate, the head of the agency or entity shall
certify to the Chairperson of the PCIE/ECIE within
sixty 60 days that he has personally reviewed the
report, what action, if any, has been or is to be
taken, and when any action taken will be completed. The
PCIE/ECIE Chairperson may grant the head of the entity
or agency a 30-day extension when circumstances
necessitate such extension.
(e) The Chairperson of the PCIE/ECIE shall report
to the Integrity Committee the final disposition of the
matter, including what action, if any, has been
[[Page 13045]]
or is to be taken by the head of the subject's
employing agency or entity. When the Integrity
Committee receives notice of the final disposition, it
shall advise the subject of the investigation that the
matter referred to the Integrity Committee for review
has been closed.
Sec. 5. Procedures. (a) The Integrity Committee, in
conjunction with the Chairperson of the PCIE/ECIE,
shall establish the policies and procedures necessary
to ensure consistency in conducting investigations and
reporting activities under this order.
(b) Such policies and procedures shall specify the
circumstances under which the Integrity Committee, upon
review of a complaint containing allegations of
wrongdoing, may determine that an allegation is without
merit and therefore the investigation is unwarranted. A
determination by the Integrity Committee that an
investigation is unwarranted shall be considered the
Integrity Committee's final disposition of the
complaint.
(c) The policies and procedures may be expanded to
encompass other issues related to the handling of
allegations against IGs and others covered by this
order.
Sec. 6. Records Maintenance. All records created and
received pursuant to this order are records of the
Integrity Committee and shall be maintained by the FBI.
Sec. 7. Judicial Review. This order is intended only to
improve the internal management of the executive branch
and is not intended to create any right or benefit,
substantive or procedural, enforceable at law by a
party against the United States, its agencies, its
officers, or any person.
(Presidential Sig.)
THE WHITE HOUSE,
March 21, 1996.
[FR Doc. 96-7460
Filed 3-25-96; 8:45 am]
Billing code 3195-01-P
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