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Executive Order 12993

Issued by William J. Clinton on Thursday 21 March 1996


Administrative Allegations Against Inspectors General

Federal Register, Volume 61 Issue 59 (Tuesday, March 26, 1996)

[Federal Register Volume 61, Number 59 (Tuesday, March 26, 1996)]
[Presidential Documents]
[Pages 13043-13045]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-7460]





                        Presidential Documents 



Federal Register / Vol. 61, No. 59 / Tuesday, March 26, 1996 / 
Presidential Documents

___________________________________________________________________

Title 3--
The President

[[Page 13043]]

                Executive Order 12993 of March 21, 1996

                
Administrative Allegations Against Inspectors 
                General

                Certain executive branch agencies are authorized to 
                conduct investigations of allegations of wrongdoing by 
                employees of the Federal Government. For certain 
                administrative allegations against Inspectors General 
                (``IGs'') and, as explained below, against certain 
                staff members of the Offices of Inspectors General 
                (``OIGs''), it is desirable to authorize an independent 
                investigative mechanism.

                The Chairperson of the President's Council on Integrity 
                and Efficiency (``PCIE'') and the Executive Council on 
                Integrity and Efficiency (``ECIE''), in consultation 
                with members of the Councils, has established an 
                Integrity Committee pursuant to the authority granted 
                by Executive Order No. 12805.

                By the authority vested in me as President by the 
                Constitution and the laws of the United States of 
                America, and in order to ensure that administrative 
                allegations against IGs and certain staff members of 
                the OIGs are appropriately and expeditiously 
                investigated and resolved, it is hereby ordered as 
                follows:

                Section 1. The Integrity Committee. (a) To the extent 
                permitted by law, and in accordance with this order, 
                the Integrity Committee shall receive, review, and 
                refer for investigation allegations of wrongdoing 
                against IGs and certain staff members of the OIGs.

                    (b) The Integrity Committee shall consist of at 
                least the following members:
                      (1) The official of the Federal Bureau of 
                Investigation (``FBI'') serving on the PCIE, as 
                designated by the Director of the FBI. The FBI member 
                shall serve as Chair of the Integrity Committee.
                      (2) The Special Counsel of the Office of Special 
                Counsel;
                      (3) The Director of the Office of Government 
                Ethics;
                      (4) Three or more IGs, representing both the PCIE 
                and the ECIE, appointed by the Chairperson of the PCIE/
                ECIE.
                    (c) The Chief of the Public Integrity Section of 
                the Criminal Division of the Department of Justice, or 
                his designee, shall serve as an advisor to the 
                Integrity Committee with respect to its 
                responsibilities and functions in accordance with this 
                order.

                Sec. 2. Referral of Allegations. (a) The Integrity 
                Committee shall review all allegations of wrongdoing it 
                receives against an IG who is a member of the PCIE or 
                ECIE, or against a staff member of an OIG acting with 
                the knowledge of the IG or when the allegation against 
                the staff person is related to an allegation against 
                the IG, except that where an allegation concerns a 
                member of the Integrity Committee, that member shall 
                recuse himself from consideration of the matter.

                    (b) An IG shall refer any administrative allegation 
                against a senior staff member to the Integrity 
                Committee when:
                      (1) review of the substance of the allegation 
                cannot be assigned to an agency of the executive branch 
                with appropriate jurisdiction over the matter; and
                      (2) the IG determines that an objective internal 
                investigation of the allegation, or the appearance 
                thereof, is not feasible.
                
[[Page 13044]]

                    (c) The Integrity Committee shall determine if 
                there is a substantial likelihood that the allegation, 
                referred to it under paragraphs (a) or (b) of this 
                section, discloses a violation of any law, rule or 
                regulation, or gross mismanagement, gross waste of 
                funds or abuse of authority and shall refer the 
                allegation to the agency of the executive branch with 
                appropriate jurisdiction over the matter. However, if a 
                potentially meritorious administrative allegation 
                cannot be referred to an agency of the executive branch 
                with appropriate jurisdiction over the matter, the 
                Integrity Committee shall certify the matter to its 
                Chair, who shall cause a thorough and timely 
                investigation of the allegation to be conducted in 
                accordance with this order.
                    (d) If the Integrity Committee determines that an 
                allegation does not warrant further action, it shall 
                close the matter without referral for investigation and 
                notify the Chairperson of the PCIE/ECIE of its 
                determination.

                Sec. 3. Authority to Investigate. (a) The Director of 
                the FBI, through his designee serving as Chairperson of 
                the Integrity Committee, is authorized and directed to 
                consider and, where appropriate, to investigate 
                administrative allegations against the IGs and, in 
                limited cases as described in sections 2(a) and 2(b) 
                above, against other staff members of the OIGs, when 
                such allegations cannot be assigned to another agency 
                of the executive branch and are referred by the 
                Integrity Committee pursuant to section 2(c) of this 
                order.

                    (b) At the request of the Director of the FBI, 
                through his designee serving as Chairperson, heads of 
                agencies and entities represented in the PCIE and ECIE 
                may, to the extent permitted by law, provide resources 
                necessary to the Integrity Committee. Employees from 
                those agencies and entities will be detailed to the 
                Integrity Committee, subject to the control and 
                direction of the Chairperson, to conduct an 
                investigation pursuant to section 2(c): Provided, that 
                such agencies or entities shall be reimbursed by the 
                agency or entity employing the subject of the 
                investigation. Reimbursement for any costs associated 
                with the detail shall be consistent with applicable 
                law, including but not limited to the Economy Act (31 
                U.S.C. 1535 and 1536), and subject to the availability 
                of funds.
                    (c) Nothing in the above delegation shall augment, 
                diminish, or otherwise modify any existing 
                responsibilities and authorities of any other executive 
                branch agency.

                Sec. 4. Results of Investigation. (a) The report 
                containing the results of the investigation conducted 
                under the supervision of the Chair of the Integrity 
                Committee shall be provided to the members of the 
                Integrity Committee for consideration.

                    (b) With respect to those matters where the 
                Integrity Committee has referred an administrative 
                allegation to an agency of the executive branch with 
                appropriate jurisdiction over the matter, the head of 
                that agency shall provide a report to the Integrity 
                Committee concerning the scope and results of the 
                inquiry.
                    (c) The Integrity Committee shall assess the report 
                received under (a) or (b) of this section and determine 
                whether the results require forwarding of the report, 
                with Integrity Committee recommendations, to the 
                Chairperson of the PCIE/ECIE for resolution. If the 
                Integrity Committee determines that the report requires 
                no further referral or recommendations, it shall so 
                notify the Chairperson of the PCIE/ECIE.
                    (d) Where the Chairperson of the PCIE/ECIE 
                determines that dissemination of the report to the head 
                of the subject's employing agency or entity is 
                appropriate, the head of the agency or entity shall 
                certify to the Chairperson of the PCIE/ECIE within 
                sixty 60 days that he has personally reviewed the 
                report, what action, if any, has been or is to be 
                taken, and when any action taken will be completed. The 
                PCIE/ECIE Chairperson may grant the head of the entity 
                or agency a 30-day extension when circumstances 
                necessitate such extension.
                    (e) The Chairperson of the PCIE/ECIE shall report 
                to the Integrity Committee the final disposition of the 
                matter, including what action, if any, has been

[[Page 13045]]
                or is to be taken by the head of the subject's 
                employing agency or entity. When the Integrity 
                Committee receives notice of the final disposition, it 
                shall advise the subject of the investigation that the 
                matter referred to the Integrity Committee for review 
                has been closed.

                Sec. 5. Procedures. (a) The Integrity Committee, in 
                conjunction with the Chairperson of the PCIE/ECIE, 
                shall establish the policies and procedures necessary 
                to ensure consistency in conducting investigations and 
                reporting activities under this order.

                    (b) Such policies and procedures shall specify the 
                circumstances under which the Integrity Committee, upon 
                review of a complaint containing allegations of 
                wrongdoing, may determine that an allegation is without 
                merit and therefore the investigation is unwarranted. A 
                determination by the Integrity Committee that an 
                investigation is unwarranted shall be considered the 
                Integrity Committee's final disposition of the 
                complaint.
                    (c) The policies and procedures may be expanded to 
                encompass other issues related to the handling of 
                allegations against IGs and others covered by this 
                order.

                Sec. 6. Records Maintenance. All records created and 
                received pursuant to this order are records of the 
                Integrity Committee and shall be maintained by the FBI.

                Sec. 7. Judicial Review. This order is intended only to 
                improve the internal management of the executive branch 
                and is not intended to create any right or benefit, 
                substantive or procedural, enforceable at law by a 
                party against the United States, its agencies, its 
                officers, or any person.

                    (Presidential Sig.)

                THE WHITE HOUSE,

                    March 21, 1996.

[FR Doc. 96-7460
Filed 3-25-96; 8:45 am]
Billing code 3195-01-P

Citation: 61 FR 13043
 

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