EXECUTIVE
ORDER
EO 12993
Effective Date: March 21, 1996

Responsible Office: Office of Inspector General
Subject: ADMINISTRATIVE ALLEGATIONS AGAINST INSPECTORS GENERAL

				TEXT

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.
  (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 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 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.

                    /s/William J. Clinton


THE WHITE HOUSE,    
March 21, 1996.


			

Back to Main Menu