[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 745 Introduced in House (IH)]
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116th CONGRESS
1st Session
H. R. 745
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
January 24, 2019
Mr. Raskin (for himself, Mr. Cummings, and Mr. Nadler) introduced the
following bill; which was referred to the Committee on Oversight and
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 2019''.
SEC. 2. REAUTHORIZATION OF THE OFFICE OF GOVERNMENT ETHICS.
Section 405 of the Ethics in Government Act of 1978 (5 U.S.C. App.)
is amended by striking ``fiscal year 2007'' and inserting ``fiscal
years 2019 through 2023.''.
SEC. 3. 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. 4. DUTIES OF DIRECTOR OF THE OFFICE OF GOVERNMENT ETHICS.
(a) In General.--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, rules, and
regulations to be promulgated by the President or the
Director,'' and inserting ``Management for input on the
promulgation of rules and regulations to be promulgated
by the Director''; 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 designated agency ethics 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), 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'';
(7) in paragraph (9)--
(A) by striking ``ordering'' and inserting
``receiving allegations of violations of this Act and,
when necessary, investigating an allegation to
determine whether a violation occurred, and ordering'';
and
(B) by inserting before the semi-colon the
following: ``, and recommending appropriate
disciplinary action'';
(8) in paragraph (12)--
(A) by striking ``evaluating, with the assistance
of'' and inserting ``promulgating, with input from'';
(B) by striking ``the need for''; and
(C) by striking ``conflict of interest and ethical
problems'' and inserting ``conflict of interest and
ethics issues'';
(9) in paragraph (13)--
(A) by striking ``with the Attorney General'' and
inserting ``with the Inspectors General and the
Attorney General'';
(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) directing and providing final approval, when
determined appropriate by the Director, 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 Director, 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 Office of
Government Ethics.''.
(b) Written Procedures.--Section 402(d) of the Ethics in Government
Act of 1978 (5 U.S.C. App.) is amended in paragraph (1)--
(1) by striking ``, by the exercise of any authority
otherwise available to the Director under this title,''; and
(2) by striking ``the agency is''.
(c) Corrective Actions.--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 inserting at the end
before the period the following: ``and 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), 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''; and
(II) in subclause (II)--
(aa) by inserting
``President or'' after
``determines that the''; and
(bb) by adding ``and'' at
the end;
(ii) in subclause (II) of clause (iii)--
(I) by striking ``notify in
writing,'' and inserting ``advise the
President in writing or order'';
(II) by inserting ``take
appropriate disciplinary action
including reprimand, suspension,
demotion, or dismissal against the
officer or employee'' after
``employee's agency'';
(III) 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 Congress and'';
and
(IV) by striking ``; and'' at the
end and inserting a period; 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) The Director may secure directly from
any agency information necessary to enable the Director
to carry out this Act. Upon request of the Director,
the head of such agency shall furnish that information
to the Director.
``(bb) The Director may 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.'';
(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 provide, on
the official website of the Office, public access to records
made available by agencies 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, 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 and records related
to conflict of interest waivers and other records of ethics
determinations 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 website 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) Definitions.--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.
``(h) In this title, a reference to the head of an agency shall
include the President or the President's designee.
``(i) The Director 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.''.
SEC. 5. AGENCY ETHICS OFFICIALS TRAINING AND DUTIES.
Section 403 of the Ethics in Government Act of 1978 (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.
``(d)(1) The head of each agency shall ensure that all records and
information provided to the Director under this Act shall be provided,
to the greatest extent practicable, in a searchable, sortable, and
downloadable format.
``(2) The head of each agency shall post on the official website of
the agency each recusal, waiver, exemption, ethics advisory opinion,
ethics agreement, and certificate of divestiture issued by the agency
under this Act and its implanting regulations.''.
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