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1 engaged, or is about to engage in any act which constitutes
or will constitute a violation of title I or II of this Act it
3 shall report such findings to4
(A) the person with respect to whom the investi5 gation was conducted, 6
(B) the head of the agency in which the individual 7 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 13
the appropriate ethics committee of the Senate and 14
the House of Representatives, respectively,
(iii) a justice, judge, officer, or employee of any court of the United States, it shall notify the
10 11 12
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.
1 (c) The Commission shall have no enforcement power. 2 In any case in which the Commission refers an apparent vio3 lation to the Attorney General and to any individual notified
4 under subsection (b) (5) (B), the Attorney General and 5 such individual shall report monthly to the Commission with
6 respect to any action taken by the Attorney General or such
ī individual regarding such apparent violation with the first
8 report being transmitted no later than thirty days after the
9 date the Commission refers any apparent violation. If the 10 Commission determines that appropriate action is not being 11 taken within a reasonable time, it shall report such deter12 mination to the President and to the Congress.
13 (d) develop and recommend consistent procedures to 14 carry out the provisions and purposes of titles I and II of 15 this Act no later than sixty days after the date of the enact
16 ment of this Act.
SEC. 304. (a) Upon written request to the Commission
19 by any employee of the United States Government, the Com
20 mission shall render an advisory opinion, in writing, within a 21 reasonable time with respect to whether any specific trans22 action or activity by such individual would constitute a viola
23 tion of title I or II of this Act.
(b) Notwithstanding any other provision of law, any
1 person with respect to whom an advisory opinion is rendered
2 under subsection (a) who acts in good faith in accordance
3 with the provisions and findings of such advisory opinion 4 shall be presumed to be in compliance with the provisions of
5 titles I and II of this Act.
(c) Any request made under subsection (a) shall be
7 made public by the Commission. The Commission shall
8 before rendering an advisory opinion with respect to such 9 request, provide any interested party with an opportunity to 10 transmit written comments to the Commission with respect
Sec. 305. The Commission shall transmit reports to the
14 President of the United States and to each House of Congress
15 no later than January 31 of each year. Each such report shall 16 contain a detailed statement with respect to the activities of 17 the Commission in carrying out its duties under this title, 18 together with recommendations for such legislative or other 19 action as the Commission considers appropriate.
GOVERNMENT IN THE SUNSHINE ACT
21 SEC. 306. For purposes of the Government in the Sun22 shine Act, the Federal Commission on Ethics and Financial 23 Disclosure shall be considered an agency within the meaning
24 of section 552b (a) (1) of title 5, United States Code.
APPROPRIATIONS AND AUDIT
Sec. 401. (a) The Comptroller General shall have
4 access to reports filed with the Commission on Ethics and
Financial Disclosure, the Director of the Administrative
Office of the United States Courts, the Secretary of the 7
Senate, the Clerk of the House and with executive depart8 ments and agencies under provisions of each title of this Act 9 for the purpose of carrying out his statutory responsibilities. 10
(b) There are authorized to be appropriated such sums as may be necessary to carry out the provisions of this Act.
SEC. 402. If any part of this Act is held invalid, the 14 remainder of the Act shall not be affected thereby. If any 15 provision of any part of this Act, or the application thereof 16 to any person or circumstance, is held invalid, the provisions 17 of other parts of their application to other persons and circum18 stances shall not be affected thereby.
H. R. 4949
IN THE HOUSE OF REPRESENTATIVES
MARCH 14, 1977 Mr. KASTENMEIER (for himself, Mr. RailsBACK, Mr. Andrews of North Dakota,
Mr. BEILENSON, Mr. COLEMAN, Mr. Dicks, Mr. ENGLISH, Mr. FAUNTROY, Mr. FITHIAN, Mr. Fuqua, Mr. GEPHARDT, Mr. Giamo, Mr. GIBBONS, Mr. GLICKMAN, Mr. HAMILTON, Mr. IRELAND, Mr. LaFalce, Mr. LAGOMARSINO, Mr. Long of Maryland, Mr. Lott, Mr. MITCHELL of New York, Mr. MITCHELL of Maryland, Mr. MURPHY of New York, Mr. O'Brien, and Mr. PATTERSON of California) introduced the following bill; which was referred to the Committee on the Judiciary
To require candidates for Federal office, Members of the Con
gress, and officers and employees of the United States to file statements with the Comptroller General with respect to their income and financial transactions.
Be it enacted by the Senate and House of Representa
2 tives of the United States of America in Congress assembled,
SECTION 1. This Act may be cited as the “Financial
(1) the term "agency,” means cach authority of the