issue-1996-03-26•Federal Register executive orders — 1996-03-26
Federal Register executive orders — 1996-03-26
issue-1996-03-26Federal Register executive orders — 1996-03-26Executive Order
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FR Doc. 96-7461 Continuing the President's Committee on Mental Retardation and Broadening Its Membership and Responsibilities
[Federal Register Volume 61, Number 59 (Tuesday, March 26, 1996)]
[Presidential Documents]
[Pages 13047-13049]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-7461]
Presidential Documents
Federal Register / Vol. 61, No. 59 / Tuesday, March 26, 1996 /
Presidential Documents
[[Page 13047]]
Executive Order 12994 of March 21, 1996
Continuing the President's Committee on Mental
Retardation and Broadening Its Membership and
Responsibilities
The President's Committee on Mental Retardation,
established by Executive Order No. 11280 on May 11,
1966, as superseded by Executive Order No. 11776 on
March 28, 1974, has organized national planning,
stimulated development of plans, policies and programs,
and advanced the concept of community participation in
the field of mental retardation.
National goals have been established to:
(1) promote full participation of people with
mental retardation in their communities;
(2) provide all necessary supports to people with
mental retardation and their families for such
participation;
(3) reduce the occurrence and severity of mental
retardation by one-half by the year 2010;
(4) assure the full citizenship rights of all
people with mental retardation, including those rights
secured by such landmark statutes as the Americans with
Disabilities Act of 1990, Public Law 101-336 (42 U.S.C.
12101 et seq.);
(5) recognize the right of all people with mental
retardation to self-determination and autonomy, to be
treated in a nondiscriminatory manner, and to exercise
meaningful choice, with whatever supports are necessary
to effectuate these rights;
(6) recognize the right of all people with mental
retardation to enjoy a quality of life that promotes
independence, self-determination, and participation as
productive members of society; and
(7) promote the widest possible dissemination of
information on models, programs, and services in the
field of mental retardation.
The achievement of these goals will require the most
effective possible use of public and private resources.
NOW, THEREFORE, by the authority vested in me as
President by the Constitution and the laws of the
United States of America, including the Federal
Advisory Committee Act, as amended (5 U.S.C. App. 2),
it is hereby ordered as follows:
Section 1. Committee Continued and Responsibilities
Expanded. The President's Committee on Mental
Retardation (the ``Committee''), with expanded
membership and expanded responsibilities, is hereby
continued in operation.
Sec. 2. Composition of Committee. (a) The Committee
shall be composed of the following members:
(1) The Secretary of Health and Human Services;
(2) The Secretary of Education;
(3) The Attorney General;
(4) The Secretary of Labor;
(5) The Secretary of Housing and Urban
Development;
(6) The Chief Executive Officer of the
Corporation for National and Community Service
(formerly ACTION);
[[Page 13048]]
(7) The Commissioner of Social Security;
(8) The Chair of the Equal Employment Opportunity
Commission;
(9) The Chairperson of the National Council on
Disability;
(10) No more than 21 other members who shall be
appointed to the Committee by the President. These
citizen members shall consist of individuals who
represent a broad spectrum of perspectives, experience,
and expertise on mental retardation, and shall include
self-advocates with mental retardation and members of
families with a child or adult with mental retardation,
and persons employed in either the public or the
private sector. Except as the President may from time
to time otherwise direct, appointees under this
paragraph shall have two-year terms, except that an
appointment made to fill a vacancy occurring before the
expiration of a term shall be made for the balance of
the unexpired term.
(b) The President shall designate the Chair of the
Committee from the 21 citizen members. The Chair shall
advise and counsel the Committee and represent the
Committee on appropriate occasions.
Sec. 3. Functions of the Committee. (a) The Committee
shall provide such advice and assistance in the area of
mental retardation as the President or Secretary of
Health and Human Services may request, and particularly
shall advise with respect to the following areas:
(1) evaluating and monitoring the national
efforts to establish appropriate policies and supports
for people with mental retardation;
(2) providing suggestions for improvement in the
delivery of mental retardation services, including
preventive services, the promulgation of effective and
humane policies, and the provision of necessary
supports;
(3) identifying the extent to which various
Federal and State programs achieve the national goals
in mental retardation described in the preamble to this
order and have a positive impact on the lives of people
with mental retardation;
(4) facilitating liaison among Federal, State,
and local governments, foundations, nonprofit
organizations, other private organizations, and
citizens concerning mental retardation;
(5) developing and disseminating such information
as will tend to reduce the incidence and severity of
mental retardation; and
(6) promoting the concept of community
participation and development of community supports for
citizens with mental retardation.
(b) The Committee shall make an annual report,
through the Secretary of Health and Human Services, to
the President concerning mental retardation. Such
additional reports may be made as the President may
require or as the Committee may deem appropriate.
Sec. 4. Cooperation by Other Agencies. To assist the
Committee in providing advice to the President, Federal
departments and agencies requested to do so by the
Committee shall designate liaison officers to the
Committee. Such officers shall, on request by the
Committee, and to the extent permitted by law, provide
the Committee with information on department and agency
programs that do contribute to or could contribute to
achievement of the President's goals in the field of
mental retardation.
Sec. 5. Administration. (a) The Department of Health
and Human Services shall, to the extent permitted by
law, provide the Committee with necessary staff,
administrative services, and facilities and funding.
(b) Each member of the Committee, except any member
who receives other compensation from the United States
Government, may receive compensation for each day he or
she is engaged in the work of the Committee, as
authorized by law (5 U.S.C. 3109), and may also receive
travel expenses, including per diem in lieu of
subsistence, as authorized by law (5 U.S.C. 5701-5707),
for persons employed intermittently in the Government
service.
[[Page 13049]]
Committee members with disabilities may be compensated
for attendant expenses, consistent with Government
procedures and practices.
(c) The Secretary of Health and Human Services
shall perform such other functions with respect to the
Committee as may be required by the provisions of the
Federal Advisory Committee Act, as amended (5 U.S.C.
App. 2), except that of reporting to the Congress.
Sec. 6. Construction. Nothing in this order shall be
construed as subjecting any Federal agency, or any
function vested by law in, or assigned pursuant to law
to, any Federal agency, to the authority of the
Committee or as abrogating or restricting any such
function in any manner.
Sec. 7. Superseded Authority. Executive Order No. 11776
is hereby superseded.
(Presidential Sig.)
THE WHITE HOUSE,
March 21, 1996.
[FR Doc. 96-7461
Filed 3-25-96; 8:45 am]
Billing code 3195-01-P
Complete official Federal Register PDF
FR Doc. 96-7460 Administrative Allegations Against Inspectors General
[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
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