Page:United States Statutes at Large Volume 102 Part 4.djvu/63

 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 section 6) the following: "(fKD In carrying out subsection (b)(9) with respect to executive agencies, the Director— "(A)may— "(i) order specific corrective action on the part of an agency based on the failure of such agency to establish a system for the collection, filing, review, and, when applicable, public inspection of financial disclosure statements, 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 complied 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). "(2)(A) In carrying out subsection (b)(9) with respect to individual officers and employees— "(i) the Director may make such recommendations and provide such advice to such officers and employees as the Director considers necessary to ensure compliance with rules, regulations, 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 disciplinary 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 reasonable 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— "(1) 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-

5 USC app.

Public

information.

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