[Weekly Compilation of Presidential Documents Volume 32, Number 12 (Monday, March 25, 1996)]
[Pages 538-540]
[Online from the Government Publishing Office, www.gpo.gov]

<R04>
Executive Order 12993--Administrative Allegations Against Inspectors 
General

March 21, 1996

    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

[[Page 539]]

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 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 com- 

[[Page 540]]

plaint 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.
                                            William J. Clinton
The White House,
March 21, 1996.

[Filed with the Office of the Federal Register, 8:45 a.m., March 25, 
1996]

Note:: This Executive order was released by the Office of the Press 
Secretary on March 22, and it will be published in the Federal Register 
on March 26.