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1 ported. In addition, if such individual is a Member, officer, or 2 employee of the Senate or the House of Representatives, the 3 Comptroller General shall refer the name of such individual 4 to the Senate Select Committee on Standards and Conduct or 5 the Committee on Standards of Official Conduct of the House 6 of Representatives, whichever is appropriate.

7 (d) The President, the Vice President, either House of 8 Congress, the Director of the Administrative Office of the 9 United States Courts, the head of each agency or the Civil 10 Service Commission may take any appropriate personnel 11 or other action against any individual failing to file a report 12 or information or falsifying information.

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13 CUSTODY AND AUDIT OF, AND PUBLIC ACCESS TO, REPORTS SEC. 7. (a) The Comptroller General shall make each 15 report filed with him under section 5 available to the 16 public within fifteen days after the receipt of such report 17 from any individual and provide a copy of such report to 18 any person upon a written or oral request.

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(b) The Comptroller General may require any person 20 receiving a copy of such report under subsection (a) to 21 supply his name and address and the name of the person or 22 organization, if any, on whose behalf he is requesting such 23 copy and to pay a reasonable fee in any amount which the 24 Comptroller General finds necessary to recover the cost of 25 reproduction or mailing of such report excluding any salary

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1 of any employee involved in such reproduction or mailing. 2 The Comptroller General may furnish any copy of such 3 report without charge or at a reduced charge if he deter4 mines that waiver or reduction of the fee is in the public 5 interest because furnishing the information can be considered 6 as primarily benefiting the public.

7 (c) (1) It shall be unlawful for any person to inspect or 8 obtain a copy of any report—

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(A) for any commercial purpose;

(B) to determine or establish the credit rating of any individual; or

(C) for use directly or indirectly in the solicitation of money for any political, charitable, or other purpose.

(2) The Attorney General may bring a civil action 15 in any district court of the United States against any per16 son who inspects or obtains such report for any purpose 17 prohibited in paragraph (1). The court in which such ac18 tion is brought may assess against such individual a penalty 19 in any amount not to exceed $1,000.

20 (d) Any report received by the Comptroller General 21 shall be held in his custody and made available to the public 22 for a period of five years after receipt by the Comptroller 23 General of such report. After such five-year period, the 24 Comptroller General shall destroy any such report.

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(e) The House of Representatives, the Senate, the

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1 Director of the Administrative Office of the United States 2 Courts, the Chairman of the Civil Service Commission, and 3 the head of each agency shall make provisions to assure that 4 each report shall be reviewed in accordance with any law or 5 regulation with respect to conflicts of interest or confidential 6 financial information of officers or employees of the House of 7 Representatives, the Senate, the United States courts or cach 8 such agency or in accordance with such rules and regulations as may be prescribed.

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(f) (1) The Comptroller General shall, under such regu11 lations as he may prescribe, conduct on a random basis audits 12 of approximately 5 per centum of the reports filed with him 13 under section 5(a) (1).

14 (2) The Comptroller General shall audit during each 15 term of an individual holding the office of President or Vicc 16 President at least one report filed by such individual under 17 section 5 (a) (1) during such term.

18 (3) The Comptroller General shall, during each six19 year period beginning after the date of enactment of this 20 Act, audit at least one report filed by each Member of the 21 Senate and the House of Representatives during such six22 year period.

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(4) (A) In conducting an audit under paragraph (1),

24 (2), or (3), the Comptroller General is authorized to re25 quire by subpena the production of books, papers, and other

1 documents. All such subpenas shall be issued and signed by

2 the Comptroller General.

3 (B) In case of a refusal to comply with a subpena

4 issued under subparagraph (A)—

(i) the Comptroller General is authorized to seek

an order by any district court of the United States having jurisdiction of the defendant to require the production of the documents involved; and

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(ii) such district court may issue such order and enforce it by contempt proceedings.

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RECOMMENDATION ON FINANCIAL CONFLICTS OF INTEREST

SEC. 8. The Civil Service Commission and the Department of Justice shall each analyze regulations and proce14 dures presently in effect with regard to financial conflicts 15 of interest among employees of the Federal Government and 16 recommend to the appropriate committees of Congress for 17 their consideration such legislation as may be necessary. 18 Such reports shall be delivered within six months of the 19 enactment of this Act.

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SEPARABILITY

SEC. 9. If any part of this Act is held invalid, the

22 remainder of this Act shall not be affected thereby. If any 23 provision of any part of this Act, or the application thereof 24 to any person or circumstance, is held invalid, the provisions 25 of other parts and their application to other persons or 26 circumstances shall not be affected thereby.

95-896 - 77 - 22

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AUTHORIZATION OF APPROPRIATIONS

2 SEC. 10. There are authorized to be appropriated such

3 sums as may be necessary to carry out the provisions of this 4 Act.

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DATE DUE FOR FIRST REPORT

SEC. 11. The first report required by this Act shall be

7 due ninety days after the date of the enactment of this

8 Act.