[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5902 Introduced in House (IH)]

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115th CONGRESS
  2d Session
                                H. R. 5902

To amend the Ethics in Government Act of 1978 to provide for reform in 
   the operations of the Office of Government Ethics, and for other 
                               purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              May 21, 2018

 Mr. Raskin (for himself, Mr. Capuano, Mr. Cohen, Mr. DeSaulnier, Mr. 
 Evans, Mr. Gomez, Ms. Norton, Mr. Huffman, Ms. Jackson Lee, Ms. Kelly 
 of Illinois, Mr. Lynch, Mr. Nadler, Mr. O'Halleran, Mr. Pallone, Mr. 
 Payne, Mr. Quigley, Ms. Schakowsky, Ms. Speier, Mr. Walz, Mrs. Watson 
    Coleman, Mr. Johnson of Georgia, and Mr. Welch) introduced the 
 following bill; which was referred to the Committee on Oversight and 
 Government Reform, and in addition to the Committee on the Judiciary, 
for a period to be subsequently determined by the Speaker, in each case 
for consideration of such provisions as fall within the jurisdiction of 
                        the committee concerned

_______________________________________________________________________

                                 A BILL


 
To amend the Ethics in Government Act of 1978 to provide for reform in 
   the operations of the Office of Government Ethics, and for other 
                               purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Executive Branch Comprehensive 
Ethics Enforcement Act of 2018''.

SEC. 2. TENURE OF THE DIRECTOR OF THE OFFICE OF GOVERNMENT ETHICS.

    Section 401(b) of the Ethics in Government Act of 1978 (5 U.S.C. 
App.) is amended by striking the period at the end and inserting ``, 
subject to removal only for inefficiency, neglect of duty, or 
malfeasance in office. The Director may continue to serve beyond the 
expiration of the term until a successor is appointed and has 
qualified, except that the Director may not continue to serve for more 
than one year after the date on which the term would otherwise expire 
under this subsection.''.

SEC. 3. DUTIES OF DIRECTOR OF THE OFFICE OF GOVERNMENT ETHICS.

    (a) Section 402(b) of the Ethics in Government Act of 1978 (5 
U.S.C. App.) is amended--
            (1) in paragraph (1)--
                    (A) by striking ``developing, in consultation'' and 
                inserting ``consulting'';
                    (B) by striking ``Management,'' and inserting 
                ``Management for advice on the development of''; and
                    (C) by striking ``title II'' and inserting ``title 
                I'';
            (2) by striking paragraph (2) and inserting the following:
            ``(2) providing mandatory education and training programs 
        for agency ethics counselors and other responsible officials, 
        which may be delegated to each agency or the White House 
        Counsel as deemed appropriate by the Director;'';
            (3) in paragraph (3) by striking ``title II'' and inserting 
        ``title I'';
            (4) in paragraph (4)--
                    (A) by striking ``violations of applicable conflict 
                of interest laws or regulations'' and inserting 
                ``conflicts of interest'';
                    (B) by striking ``recommending'' and inserting 
                ``directing''; and
                    (C) by striking ``problems'' and inserting 
                ``issues'';
            (5) in paragraph (6), by striking ``problems'' and 
        inserting ``issues'';
            (6) in paragraph (7)--
                    (A) by striking ``, when requested,''; and
                    (B) by striking ``conflict of interest problems'' 
                and inserting ``conflicts of interest, as well as other 
                ethics issues under the purview of this Act,'';
            (7) in paragraph (11), by inserting after ``conflict of 
        interest laws'' the following: ``, rules, and regulations as 
        they relate to conflicts of interest and other ethical 
        issues,'';
            (8) in paragraph (12)--
                    (A) by striking ``evaluating'' and inserting 
                ``promulgating'';
                    (B) by striking ``the need for'';
                    (C) by striking ``conflict of interest and ethical 
                problems'' and inserting ``conflict of interest and 
                ethical issues'';
            (9) in paragraph (13)--
                    (A) by inserting ``serious'' after ``allegations 
                of'';
                    (B) by striking ``violations of the conflict of 
                interest laws'' and inserting ``conflict of interest 
                issues and allegations of violations of ethics laws and 
                regulations and this Act''; and
                    (C) by striking ``, as required by section 535 of 
                title 28, United States Code'';
            (10) in paragraph (14) by striking ``and'' at the end;
            (11) in paragraph (15)--
                    (A) by striking ``title II'' and inserting ``title 
                I''; and
                    (B) by striking the period at the end and inserting 
                a semicolon; and
            (12) by adding at the end the following:
            ``(16) determining any violations of this Act by employees 
        of an agency and issuing appropriate administrative penalties;
            ``(17) directing and providing final approval, when 
        determined appropriate by the Director, for agency ethics 
        counselors and other responsible 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
            ``(18) reviewing and, when determined appropriate by the 
        Director, approving any recusals, exemptions, or waivers to the 
        conflicts of interest and ethics laws, rules, and regulations 
        and making approved recusals, exemptions, and waivers public 
        record.''.
    (b) Section 402(d) of the Ethics in Government Act of 1978 (5 
U.S.C. App.) is amended--
            (1) in paragraph (1)--
                    (A) by striking ``, by the exercise of any 
                authority otherwise available to the Director under 
                this title,''; and
                    (B) by striking ``the agency is''.
    (c) Section 402(f) of the Ethics in Government Act of 1978 (5 
U.S.C. App.) is amended--
            (1) in paragraph (1)--
                    (A) in clause (i) of subparagraph (A) by striking 
                ``of such agency''; and
                    (B) in subparagraph (B) by striking ``notify the 
                President and the Congress of the agency's 
                noncompliance in writing (including, with the 
                notification, any written comments which the agency may 
                provide)'' and inserting ``determine that a violation 
                of this Act has occurred and issue appropriate 
                administrative or legal remedies as prescribed in 
                paragraph (2)'';
            (2) in paragraph (2)--
                    (A) in subparagraph (A)--
                            (i) in clause (ii)--
                                    (I) in subclause (I)--
                                            (aa) by inserting ``to the 
                                        President or the President's 
                                        designee if the matter involves 
                                        employees of the Executive 
                                        Office of the President or'' 
                                        after ``may recommend'';
                                            (bb) by striking ``and'' at 
                                        the end;
                                    (II) in subclause (II)--
                                            (aa) by striking ``shall 
                                        notify the President in 
                                        writing'';
                                            (bb) by inserting 
                                        ``President or'' after 
                                        ``determines that the''; and
                                            (cc) by adding ``and'' at 
                                        the end; and
                                    (III) by adding at the end the 
                                following:
                    ``(III) may conduct a formal investigation and 
                hearing in accordance to the procedures described in 
                subparagraph (B).'';
                            (ii) in clause (iii)--
                                    (I) in the matter preceding 
                                subclause (I) by inserting ``or has 
                                violated'' after ``is violating'';
                                    (II) in subclause (I) by striking 
                                ``and'' at the end; and
                                    (III) in subclause (II)--
                                            (aa) by striking ``notify 
                                        in writing,'' and inserting 
                                        ``advise the President in 
                                        writing or order'';
                                            (bb) by inserting ``that 
                                        the President or'' after ``in 
                                        writing,'';
                                            (cc) by inserting ``take 
                                        appropriate disciplinary action 
                                        including reprimand, 
                                        suspension, demotion, or 
                                        dismissal against the officer 
                                        or employee'' after 
                                        ``employee's agency''; and
                                            (dd) by striking ``of the 
                                        officer's or employee's 
                                        noncompliance, except that, if 
                                        the officer or employee 
                                        involved is the agency head, 
                                        the notification shall instead 
                                        be submitted to the 
                                        President''; and
                            (iii) by striking clause (iv);
                    (B) in subparagraph (B)(i)--
                            (i) by striking ``subparagraph (A)(iii) or 
                        (iv)'' and inserting ``subparagraph (A)'';
                            (ii) by inserting ``(I)'' before ``In order 
                        to''; and
                            (iii) by adding at the end the following:
                    ``(II)(aa) In conducting an investigation, the 
                Director may, if necessary, apply to a judge or clerk 
                of a court of the United States to issue a subpoena for 
                a witness or witnesses to appear at a time or place 
                stated in the subpoena before an individual authorized 
                to take depositions to be used in the courts of the 
                United States, to give full and true answers to written 
                interrogatories and cross-interrogatories as may be 
                submitted with the application, or to be orally 
                examined or cross-examined on the subject of the claim.
                    ``(bb) The Director may secure directly from any 
                agency information necessary to enable it to carry out 
                this Act. Upon request of the Director, the head of 
                such agency shall furnish that information to the 
                Director.'';
                    (C) in subparagraph (B)(ii)(I)--
                            (i) by striking ``Subject to clause (iv) of 
                        this subparagraph, before'' and inserting 
                        ``Before''; and
                            (ii) by striking ``subparagraphs (A) (iii) 
                        or (iv)'' and inserting ``subparagraph 
                        (A)(iii)'';
                    (D) in subparagraph (B)(iii) by striking ``Subject 
                to clause (iv) of this subparagraph, before'' and 
                inserting ``Before''; and
                    (E) in subparagraph (B)(iv)--
                            (i) by striking ``title 2'' and inserting 
                        ``title I''; and
                            (ii) by striking ``section 206'' and 
                        inserting ``section 104'';
            (3) in paragraph (4), by striking ``(iv),''; and
            (4) by striking paragraph (5) and inserting the following:
            ``(5)(A) The Office of Government Ethics shall be the 
        central repository, by maintaining data or referencing data by 
        internet link that is maintained by agencies or otherwise made 
        publicly available, of all conflicts of interest and ethics 
        laws, rules and regulations, recusals, waivers and exemptions, 
        ethics advisory opinions, ethics agreements of senior executive 
        branch personnel and employee certificates of divestiture, 
        financial disclosure reports as required under title I of this 
        Act, compliance reviews, enforcement actions, and any other 
        public records concerning conflicts of interest and ethics 
        records for the executive branch required by law.
            ``(B) All financial disclosure reports, conflicts of 
        interest and ethics records deemed public information by the 
        Director or by law shall be made available to the public either 
        by internet link to such information if publicly available, or 
        at no charge on the web page of the Office of Government Ethics 
        in a searchable, sortable, and downloadable format, and at 
        reasonable fees for reproduction of paper documents at the 
        Office of Government Ethics.''.
    (d) Section 402 of the Ethics in Government Act of 1978 (5 U.S.C. 
App.) is amended by adding at the end the following:
    ``(g) For purposes of this title--
            ``(1) the term `agency' shall include the Executive Office 
        of the President; and
            ``(2) 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, regardless of whether 
        the individual receives pay.
    ``(h) In this title, a reference to the head of an agency shall 
include the President or the President's designee.
    ``(i) In carrying out the duties under this section, the Director, 
or any employee of the Office of Government Ethics designated by the 
Director, shall transmit to Congress on the request of any committee or 
subcommittee thereof, by report, testimony, or otherwise, information 
and the views on functions, responsibilities, or other matters relating 
to the Office of Government Ethics. Such information shall be 
transmitted concurrently to the President and any other appropriate 
Executive agency.''.

SEC. 4. AGENCY ETHICS OFFICIALS TRAINING AND DUTIES.

    Section 403 of such Act (5 U.S.C. App) is amended by adding at the 
end the following:
    ``(c)(1) All designated agency ethics officials and alternate 
designated agency ethics officials shall register with, and report to, 
the Director as well as with the appointing authority of the official.
    ``(2) The Director shall provide ethics education and training to 
all designated and alternate designated agency ethics officials in a 
time and manner deemed appropriate by the Director.
    ``(3) The Director shall have final authority over the President's 
designee and all designated and alternate designated agency ethics 
officials and other ethics counselors in the executive branch in the 
interpretation and implementation of all conflict of interest and 
ethics rules and regulations promulgated by the President or the 
Director.''.
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