Page:United States Statutes at Large Volume 92 Part 2.djvu/582

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PUBLIC LAW 95-000—MMMM. DD, 1978

92 STAT. 1862

PUBLIC LAW 95-521—OCT. 26, 1978 TITLE IV—OFFICE OF GOVEKNMENT E T H I C S OFFICE OF GOVERNMENT ETHICS

Establishment. 5 USC app.

SEC. 401. (a) There is established in the Office of Personnel Management an office to be known as the Office of Government Ethics. (b) There shall be at the head of the Office of Government Ethics a Director (hereinafter referred to as the "Director"), who shall be appointed by the President, by and with the advice and consent of the Senate. AUTHORITY AND FUNCTIONS

5 USC app.

Rules and regulations.

Ante, p. 1836. Rules and regulations.

Rules and regulations, interpretation.

Advisory opinion service.

SEC. 402. (a) The Director shall provide, under the general supervision of the Office of Personnel Management, overall direction of executive branch policies related to preventing conflicts of interest on the part of officers and employees of any executive agency, as defined in section 105 of title 5, United States Code. (b) The responsibilities of the Director shall include— (1) developing and recommending to the Office of Personnel Management, in consulation with the Attorney General, rules and regulations, to be promulgated by the President, or the Office of Personnel Management pertaining to conflicts of interest and ethics in the executive branch, including rules and regulations establishing procedures for the filing, review, and public availability of financial statements filed by officers and employees in the executive branch as required by title II of this Act; (2) developing and recommending to the Office of Personnel Management, in consultation with the Attorney General, rules and regulations to be promulgated by the President or the Office of Personnel Management pertaining to the identification and resolution of conflicts of interest; (3) monitoring and investigating compliance with the public financial disclosure requirements of title II of this Act by officers and employees of the executive branch and executive agency officials responsible for receiving, reviewing, and making available financial statements filed pursuant to such title; (4) conducting a review of financial statements to determine whether such statements reveal possible violations of applicable conflict of interest laws or regulations and recommending appropriate action to correct any conflict of interest or ethical problems revealed by such review j (5) monitoring and investigating individual and agency compliance with any additional financial reporting and internal review requirements established by law for the executive branch; (6) interpreting rules and regulations issued by the President or the Office of Personnel Management governing conflict of interest and ethical problems and the filing of financial statements; (7) consulting, when requested, with agency ethics counselors and other responsible officials regarding the resolution of conflict of interest problems in individual cases; (8) establishing a formal advisory opinion service whereby advisory opinions are rendered on matters of general applicability or on important matters of first impression after, to the extent practicable, providing interested parties with an opportunity to transmit written comments with respect to the request for such advisory opinion, and whereby such advisory opinions are com-