Page:United States Statutes at Large Volume 102 Part 4.djvu/64

 102 STAT. 3034

PUBLIC LAW 100-598—NOV. 3, 1988

anoe, except that, if the officer or employee involved is the agency head, the notification 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 President; 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. "(B)(i) In order to carry out the Director's duties and responsibilities 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 violation, and an opportunity to comment, either orally or in writing, on the a l l i e d 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 the 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 (2)(A)(iipto"(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 (2)(A) (ii), (iii), (iv), and (3)(B), 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,

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