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(A) The general counsel, upon receiving a complaint filed with the Bureau under paragraph (1) or upon the basis of information ascertained by the Bureau in the normal course of carrying out its supervisory responsibilities, shall make a determination as to whether or not there is reason to believe that a person has committed, or is about to commit, a violation of this Act or chapter 95 or chapter 96 of the Internal Revenue Code of 1986, and as to whether or not the Bureau should either initiate an investigation of the matter or that the complaint should be dismissed. The general counsel shall promptly provide notification to the Bureau of such determination and the reasons therefore, together with any written response submitted under paragraph (1) by the person alleged to have committed the violation. Upon the expiration of the 30-day period that begins on the date the general counsel provides such notification, the determination of the general counsel shall take effect, unless during such 30-day period the Bureau, by vote of a majority of the members of the Bureau who are serving at the time, overrules the determination of the general counsel. If the determination by the general counsel that the Bureau should investigate the matter takes effect, or if the determination by the general counsel that the complaint should be dismissed is overruled as provided under the previous sentence, the general counsel shall initiate an investigation of the matter on behalf of the Bureau.(B) If the Bureau initiates an investigation pursuant to subparagraph (A), the Bureau, through the Chair, shall notify the subject of the investigation of the alleged violation. Such notification shall set forth the factual basis for such alleged violation. The Bureau shall make an investigation of such alleged violation, which may include a field investigation or audit, in accordance with the provisions of this section. The general counsel shall provide notification to the Bureau of any intent to issue a subpoena or conduct any other form of discovery pursuant to the investigation. Upon the expiration of the 15-day period that begins on the date the general counsel provides such notification, the general counsel may issue the subpoena or conduct the discovery, unless during such 15-day period the Bureau, by vote of a majority of the members of the Bureau who are serving at the time, prohibits the general counsel from issuing the subpoena or conducting the discovery.(2)(A) Upon completion of an investigation under paragraph (2), the general counsel shall promptly submit to the Bureau the recommendation of the general counsel that the Bureau find either that there is probable cause or that there is not probable cause to believe that a person has committed, or is about to commit, a violation of this Act or chapter 95 or chapter 96 of the Internal Revenue Code of 1986, and shall include with the recommendation a brief stating the position of the general counsel on the legal and factual issues of the case.(B) At the time the general counsel submits to the Bureau the recommendation under subparagraph (A), the general counsel shall simultaneously notify the respondent of such recommendation and the reasons therefore, shall provide the respondent with an opportunity to submit a brief within 30 days stating the position of the respondent on the legal and factual issues of the case and replying to the brief of the general counsel. The general counsel and shall promptly submit such brief to the Bureau upon receipt.(C) Not later than 30 days after the general counsel submits the recommendation to the Bureau under subparagraph (A) (or, if the respondent submits a brief under subparagraph (B), not later than 30 days after the general counsel submits the respondent’s brief to the Bureau under such subparagraph), the Bureau shall approve or disapprove the recommendation by vote of a majority of the members of the Bureau who are serving at the time.(3)
(i) Any party aggrieved by an order of the Bureau dismissing a complaint filed by such party after finding either no reason to believe a violation has occurred or no probable cause a violation has occurred may file a petition with the United States District Court for the District of Columbia. Any petition under this subparagraph shall be filed within 60 days after the date on which the party received notice of the dismissal of the complaint.(ii) In any proceeding under this subparagraph, the court shall determine by de novo review whether the dismissal by the Bureau of the complaint is contrary to law. In any matter in which the penalty for the alleged violation is greater than $50,000, the court should disregard any claim or defense by the Bureau of prosecutorial discretion as a basis for dismissing the complaint.(A)(i) Any party who has filed a complaint with the Bureau and who is aggrieved by a failure of the Bureau, within 1 year after the filing of the complaint, to either dismiss the complaint or to find reason to believe a violation has occurred or is about to occur, may file a petition with the United States District Court for the District of Columbia.(ii) In any proceeding under this subparagraph, the court shall treat the failure to act on the complaint as a dismissal of the complaint, and shall determine by de novo review whether the failure by the Bureau to act on the complaint is contrary to law.(B)(C) In any proceeding under this paragraph, the court may declare that the dismissal of the complaint or the failure to act is contrary to law, and may direct the Bureau to conform with such declaration within 30 days, failing which the complainant may bring, in the name of such complainant, a civil action to remedy the violation involved in the original complaint.(8)
(a) Definitions
In this subchapter:(1) Agency; executive agency
The terms “agency” and “executive agency” shall include the Executive Office of the President.(2) Agency head; head of agency
The terms “agency head” and “head of an agency” shall include the President or the President's designee.(3) Bureau
The term “Bureau” means the Anti-Corruption Bureau established under section 201 of the Anti-Corruption Bureau Creation Act.(4) Officer or employee
The term “officer or employee” shall include any individual occupying a position, providing any official services, or acting in an advisory capacity, in the White House or the Executive Office of the President.
(a) In general
The Bureau—(1) shall provide overall direction of executive branch policies related to ethics and preventing conflicts of interest on the part of officers and employees of any Executive agency, as defined in section 105 of this title; and(2) shall have the authority to—(A) conduct investigations into alleged violations of executive branch policies described in paragraph (1), either in response to a complaint filed with the Bureau or sua sponte;(B) issue administrative fines to individuals for violations of executive branch policies described in paragraph (1);(C) order individuals to take corrective action, including disgorgement, divestiture, and recusal, as the Bureau determines necessary to enforce the executive branch policies described in paragraph (1); and(D) bring civil actions in an appropriate district court to enforce fines and orders described in subparagraphs (B) and (C), respectively.
(2) providing mandatory education and training programs for designated agency ethics officials, which may be delegated to each agency or the White House Counsel as determined appropriate by the Bureau;
(16) directing and providing final approval, when determined appropriate by the Bureau, for designated agency ethics officials regarding the resolution of conflicts of interest as well as any other ethics issues under the purview of this Act in individual cases; and(17) reviewing and approving, when determined appropriate by the Bureau, any recusals, exemptions, or waivers from the conflicts of interest and ethics laws, rules, and regulations and making approved recusals, exemptions, and waivers made publicly available by the relevant agency available in a central location on the official website of the Bureau.
(II) Production of information
The Bureau may—(aa) secure directly from any agency information necessary to enable the Bureau to carry out this Act. Upon request of the Bureau, the head of such agency shall furnish that information to the Chair of the Bureau; and(bb) require by subpoena the production of all information, documents, reports, answers, records, accounts, papers, and other data in any medium and documentary evidence necessary in the performance of the functions assigned by this Act, which subpoena, in the case of refusal to obey, shall be enforceable by order of any appropriate United States district court.
(g) Prior approval, comment, or review
The Chair of the Bureau shall not be required to obtain the prior approval, comment, or review of any officer or agency of the United States, including the Office of Management and Budget, before submitting to Congress, or any committee or subcommittee thereof, any information, reports, recommendations, testimony, or comments, if such submissions include a statement indicating that the views expressed therein are those of the Director and do not necessarily represent the views of the President.
(c) Designated agency ethics officials
(1) In general
All designated agency ethics officials and alternate designated agency ethics officials shall register with the Bureau as well as with the appointing authority of the official.(2) Provision of ethics education and training
The Bureau shall provide ethics education and training to all designated agency ethics officials and alternate designated agency ethics officials in a time and manner determined appropriate by the Bureau.(3) Required attendance at ethics education and training
Each designated agency ethics official and each alternate designated agency ethics official shall biannually attend ethics education and training, as provided by the Bureau under paragraph (2).(d) Required documentation
Each designated agency ethics official, including the designated agency ethics official for the Executive Office of the President—(1) shall provide to the Bureau, in writing, in a searchable, sortable, and downloadable format, all approvals, authorizations, certifications, compliance reviews, determinations, directed divestitures, public financial disclosure reports, notices of deficiency in compliance, records related to the approval or acceptance of gifts, recusals, regulatory or statutory advisory opinions, waivers, including waivers under section 207 or 208 of title 18, and any other records designated by the Bureau, unless disclosure is prohibited by law;(2) shall, for all information described in paragraph (1) that is permitted to be disclosed to the public under law, make the information available to the public by publishing the information on the website of the Bureau, providing a link to download an electronic copy of the information, or providing printed paper copies of such information to the public; and(3) may charge a reasonable fee for the cost of providing paper copies of the information pursuant to paragraph (2).(e) Public availability
(1) In general
For all information that is provided by an agency to the Bureau under subsection (d)(1), the Bureau shall make the information available to the public in a searchable, sortable, downloadable format by publishing the information on the website of the Bureau or providing a link to download an electronic copy of the information.(2) Reasonable fee
The Bureau may, upon request, provide printed paper copies of the information published under paragraph (1) and charge a reasonable fee for the cost of printing such copies.
50. Assignment of judges to division to appoint temporary members to the Anti-Corruption Bureau
(a) In general
(1) Assignment of judges
Beginning with the 2-year period commencing on the date of the enactment of this section, 3 judges shall be assigned for each successive 2-year period to a division of the United States Court of Appeals for the District of Columbia to be the division of the court for the purpose of—(A) appointing temporary members of the Anti-Corruption Bureau under section 203(f) of the Anti-Corruption Bureau Creation Act; and(B) if the President fails to appoint any initial member of the Anti-Corruption Bureau under section 202(b)(1) of the Anti-Corruption Bureau Creation Act, appointing a temporary member to fill that vacancy.(2) Clerk
The Clerk of the United States Court of Appeals for the District of Columbia Circuit shall serve as the clerk of such division of the court and shall provide such services as are needed by such division of the court.(b) Other judicial assignments
Except as provided under subsection (e), assignment to such division of the court shall not be a bar to other judicial assignments during the term of such division.(c) Designation and assignment
(1) In general
The Chief Judge of the United States Court of Appeals for the District of Columbia shall designate and assign 3 circuit court judges, 1 of whom shall be a judge of the United States Court of Appeals for the District of Columbia, to such division of the court.(2) Restriction on certain senior and retired judges
Not more than 1 judge or senior or retired judge or justice may be named to such division from a particular court.(d) Vacancies
Any vacancy in such division of the court shall be filled only for the remainder of the 2-year period in which such vacancy occurs and in the same manner as initial assignments to such division were made.
50. Assignment of judges to division to appoint temporary members to the Anti-Corruption Bureau.
(10) The term “Bureau” means the Anti-Corruption Bureau established under section 201 of the Anti-Corruption Bureau Creation Act.
306. Anti-Corruption Bureau
(a) The Bureau shall—(1) administer, seek to obtain compliance with, and formulate policy with respect to, this Act and chapter 95 and chapter 96 of the Internal Revenue Code of 1954; and(2) have exclusive jurisdiction with respect to the civil enforcement of such provisions.(b) Nothing in this Act shall be construed to limit, restrict or diminish any investigatory, informational, oversight, supervisory, or disciplinary authority or function of the Congress or any committee of the Congress with respect to elections for Federal office.
(3) The term “Bureau” means the Anti-Corruption Bureau established under section 201 of the Anti-Corruption Bureau Creation Act.
(3) The term “Bureau” means the Anti-Corruption Bureau established under section 201 of the Anti-Corruption Bureau Creation Act.
(A) Covered individual defined
In this paragraph, the term “covered individual” means a member of the Anti-Corruption Bureau.