the white house

washington

EXECUTIVE ORDER
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RESTRUCTURING THE PROCESS BY WHICH ADVERSE-EMPLOYMENT
CLAIMS ARE HANDLED

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 Executive Branch
employees may report adverse-employment actions, it is
hereby ordered as follows:
Section 1. The Office: There shall be a United
States Office of Government Ethics (OGE).
(a) It shall comprise one Director, and three
subordinate members.
(b) Its primary responsibility shall be to ensure
that employers do not violate the employment-practice
laws laid out in 5 U. S. C. §§ 2301–2307.
(i) For the purposes of this Order,
“employers” is defined as follows: Any
federal worker who is either in charge of a
federal agency or department or is a
superior to the employee filing a complaint
pursuant to § 2(a)(i) of this Order.
Sec. 2. Membership: The following shall be
implemented——
(a) The Director shall be in charge of the OGE.
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(i) He shall prescribe such regulations,
within the bounds of law and existing
Executive regulations, that he feels
necessary to ensure the OGE can function as
intended.
(ii) He shall be charged with running the
OGE and ensuring that its employees do their
jobs and that it as an Agency functions
properly and as intended.
(b) The Director shall hire three individuals as
subordinate members.
Sec. 2. Powers: The following shall be
implemented——
(a) The OGE shall prescribe an accessible method
by which federal employees may submit adverse-
employment claims.
(i) For the purposes of this Order, an
“adverse-employment claim” is defined as
follows: A claim in the form of a formal
complaint submitted to the OGE that
outlines, with evidence, what the employer
did, why that action violated a federal law,
and a request for either a suspension or a
termination.
(b) The OGE, upon receiving a complaint from a
federal employee, shall investigate the claim using
all legal resources available, but shall not enjoy the
same privileges of a legal, federal investigation.
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(c) The OGE, upon investigating, shall issue to
the President a formal report detailing its findings
and recommending one of the following actions: (1)
Dismissal of the complaint, (2) A suspension of the
employer(s) involved along with a specific time table
for the suspension, or (3) a final-employment
determination.
(i) For the purposes of this Order, a
“final-employment determination” is defined
as follows: A termination of employment.
(ii) Each OGE report shall have attached at
the end the original copy of the adverse-
employment claim as defined under § 2(a)(i).
Sec. 3. Appeal: The following shall be
implemented——
(a) Either the employee or the employer in an
employment dispute may appeal the OGE’s finding to a
federal district court only after the President makes
his final determination after reviewing it.
Sec. 4.: This order is not intended to, and does
not, create any right or benefit, substantive or
procedural, enforceable at law or in equity by any
party against the United States, its departments,
agencies, or entities, its officers, employees, or
agents, or any other person.

THE WHITE HOUSE

February 7, 2018