Page images
PDF
EPUB

22

1

ance therewith. Any failure to obey the order of the court 2 may be punished by the court as a contempt thereof.

3 (c) No person shall be subject to civil liability to any 4 person (other than the Commission or the United States) 5 for disclosing information at the request of the Commission. 6 (d) Whenever the Commission submits any budget 7 estimate or request to the President of the United States or 8 the Office of Management and Budget, it shall concurrently 9 transmit a copy of such estimate or request to the Congress.

10

11

DUTIES

SEC. 303. (a) It shall be the duty of the Commission 12 to investigate and report with respect to violations of titles 13 I and II of this Act.

14

(b) (1) Any person who believes a violation of titles 15 I or II of this Act has occurred may file a complaint with 16 the Commission.

17 (2) The Commission, upon receiving any complaint 18 under paragraph (1), or if it has reason to believe that any 19 person has committed a violation of any such provision, shall 20 notify the person involved of such apparent violation and 21 shall

22

2 2 2 2

[ocr errors]

23

24

25

2

(A) report such apparent violation to the Attor

ney General; or

(B) make an investigation of such apparent vio

lation.

1

23

(3) Any investigation under paragraph (3)(B) shall

2 be conducted expeditiously.

3 (4) The Commission shall, at the request of any person 4 who receives notice of an apparent violation under para5 graph (2), conduct a hearing with respect to such apparent 6 violation.

7

(5) If the Commission determines, after investigation 8 and after affording due notice and an opportunity for a hear9 ing, that there is reason to believe that any person has en10 gaged, or is about to engage in any act which constitutes or 11 will constitute a voliation of titles I or II of this Act, it shall 12 report such findings to—

[merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][ocr errors][merged small][merged small][merged small]

(A) the person with respect to whom the investigation was conducted,

(B) the head of the agency in which the individual investigated is employed, except in the case of

(i) the President or Vice President, it shall notify the Committees on the Judiciary of the Senate and the House of Representatives;

(ii) a Member, officer or employee of the Senate and House of Representatives, it shall notify the appropriate ethics committee of the Senate and

the House of Representatives, respectively;

(iii) a justice, judge, officer, or employee of any court of the United States, it shall notify the

:1

2

3

4

5

6

7

8

9

10

24

Director of the Administrative Office of the United

States Courts; and

(iv) the head of each agency, each Presidential employee in the Executive Office of the President, and each full-time member of a board, committee, or commission appointed by the President, it shall

notify the President, for appropriate personnel or other action, and

(C) the Attorney General.

(c) The Commission shall have no enforcement power. 11 In any case in which the Commission refers an apparent 12 violation to the Attorney General and to any individual 13 notified under subsection (b) (5) (B), the Attorney General 14 and such individual shall report monthly to the Commission 15 with respect to any action taken by the Attorney General 16 or such individual regarding such apparent violation with 17 the first report being transmitted no later than thirty days 18 after the date the Commission refers any apparent violation. 19 If the Commission determines that appropriate action is not 20 being taken within a reasonable time, it shall report such 21 determination to the President and to the Congress.

[ocr errors]

22

(d) develop and recommend consistent procedures to

23 carry out the provisions and purposes of titles I and II of

24 this Act no later than sixty days after the date of the enact25 ment of this Act.

1.

2

$25

ADVISORY OPINIONS

SEC. 304. (a) Upon written request to the Commission 3 by any employee of the United States Government, the 4 Commission shall render an advisory opinion, in writing, 5 within a reasonable time with respect to whether any specific 6 transaction or activity by such individual would constitute 7 a violation of title I or II of this Act.

8

(b) Notwithstanding any other provision of law, any 9 person with respect to whom an advisory opinion is rendered 10 under subsection (a) who acts in good faith in accordance 11 with the provisions and findings of such advisory opinion 12 shall be presumed to be in compliance with the provisions 13 of titles I and II of this Act.

14

(c) Any request made under subsection (a) shall be 15 made public by the Commission. The Commission shall, 16 before rendering an advisory opinion with respect to such 17 request, provide any interested party with an opportunity to 18 transmit written comments to the Commission with respect 19 to such request.

220

21

[blocks in formation]

SEC. 305. The Commission shall transmit reports to the

22 President of the United States and to each House of Congress 23 no later than January 31 of each year. Each such report 24 shall contain a detailed statement with respect to the activi25 ties of the Commission in carrying out its duties under this

26

1 title, together with recommendations for such legislative or 2 other action as the Commission considers appropriate.

3

GOVERNMENT IN THE SUNSHINE ACT

4 SEC. 306. For purposes of the Government in the Sun5 shine Act, the Federal Commission on Ethics and Financial 6 Disclosure shall be considered an agency within the meaning 7 of section 552b (a) (1) of title 5, United States Code.

« PreviousContinue »