5 U.S.C. § 13123 — Administrative provisions
submitted 4 years ago by Pub. L. 117-286 to r/title-5-GOVERNMENT-ORGANIZATION-AND-EMPLOYEES · 327 words · no verdicts yet
Executive agencies must give the Director of the Office of Government Ethics access to their services, personnel, facilities, information, and records needed to do the Director's job. The Director can also accept gifts and donations to help the Office's work, but not gifts with strings attached or gifts requiring money the Office does not have.
(a) Assistance to Director: When the Director asks, each executive agency must (1) make its services, personnel, and facilities available to the Director, as much as practically possible, to help carry out this chapter's functions; and (2) except where the law forbids it, give the Director all information and records the Director decides are needed to do the Director's job. The Director may also ask an agency's inspector general for help with investigations tied to the Office of Government Ethics's responsibilities. Any agency head may lend staff and provide services, paid or unpaid, at the Director's request, to help carry out this chapter.
(b) Gift acceptance authority:
(1) In general: The Director may accept and use, on behalf of the United States, gifts, donations, bequests, or devises of money, use of facilities, personal property, or services to help the work of the Office of Government Ethics.
(2) Limitations: No gift may be accepted (A) if it comes with conditions that conflict with applicable laws or regulations, or (B) if accepting it would require spending appropriated funds the Office does not have.
(3) Criteria for determining appropriateness of gift acceptance: The Director must write rules setting out how to decide whether accepting a contribution of money, services, use of facilities, or property would make the Office — or any of its employees — look unable to do its job fairly and objectively, or would compromise the integrity, or appearance of integrity, of its programs or the people involved in them.
Upon the request of the Director, each executive agency is directed to—
make its services, personnel, and facilities available to the Director to the greatest practicable extent for the performance of functions under this chapter; and
except when prohibited by law, furnish to the Director all information and records in its possession which the Director may determine to be necessary for the performance of the Director’s duties.
The authority of the Director under this section includes the authority to request assistance from the inspector general of an agency in conducting investigations pursuant to the Office of Government Ethics responsibilities under this chapter. The head of any agency may detail such personnel and furnish such services, with or without reimbursement, as the Director may request to carry out the provisions of this chapter.
The Director is authorized to accept and utilize on behalf of the United States, any gift, donation, bequest, or devise of money, use of facilities, personal property, or services for the purpose of aiding or facilitating the work of the Office of Government Ethics.
No gift may be accepted—
that attaches conditions inconsistent with applicable laws or regulations; or
that is conditioned upon or will require the expenditure of appropriated funds that are not available to the Office of Government Ethics.
The Director shall establish written rules setting forth the criteria to be used in determining whether the acceptance of contributions of money, services, use of facilities, or personal property under this subsection would reflect unfavorably upon the ability of the Office of Government Ethics, or any employee of such Office, to carry out its responsibilities or official duties in a fair and objective manner, or would compromise the integrity or the appearance of the integrity of its programs or any official involved in those programs.
Source credit: (Pub. L. 117–286, § 3(c), Dec. 27, 2022, 136 Stat. 4301.)
- 2022Enacted · Pub. L. 117-286 · 136 Stat. 4301
A history note hasn’t been published yet. The record shows enactment by Pub. L. 117-286 on 2022-12-27.
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