[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 745 Reported in House (RH)]

<DOC>





                                                 Union Calendar No. 325
116th CONGRESS
  2d Session
                                H. R. 745

                      [Report No. 116-403, Part I]

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

                           February 21, 2020

 Reported from the Committee on Oversight and Reform with an amendment
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

                           February 21, 2020

 Committee on the Judiciary discharged; committed to the Committee of 
  the Whole House on the State of the Union and ordered to be printed
[For text of introduced bill, see copy of bill as introduced on January 
                               24, 2019]


_______________________________________________________________________

                                 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(a) of the Ethics in Government Act of 
1978 (5 U.S.C. App.) is amended by striking ``, in consultation with 
the Office of Personnel Management,''.
    (b) Responsibilities of the Director.--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 with 
                the Attorney General and the Office of Personnel 
                Management, rules and regulations to be promulgated by 
                the President or the Director'' and inserting 
                ``developing and promulgating rules and regulations''; 
                and
                    (B) 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)--
                    (A) by striking ``issued by the President or the 
                Director''; and
                    (B) 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 or 
                regulations of the Office of Government Ethics 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 ``, in consultation with the Office 
                of Personnel Management,'';
                    (B) by striking ``title II'' and inserting ``title 
                I''; and
                    (C) 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.''.
    (c) Written Procedures.--Paragraph (1) of section 402(d) of the 
Ethics in Government Act of 1978 (5 U.S.C. App.) is amended--
            (1) by striking ``, by the exercise of any authority 
        otherwise available to the Director under this title,'';
            (2) by striking ``the agency is''; and
            (3) by inserting after ``filed by'' the following: ``, or 
        written documentation of recusals, waivers, or ethics 
        authorizations relating to,''.
    (d) 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 before the 
                period at the end ``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)--
                                            (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; 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 or order'';
                                    (II) by inserting ``to take 
                                appropriate disciplinary action 
                                including reprimand, suspension, 
                                demotion, or dismissal against the 
                                officer or employee (provided, however, 
                                that any order issued by the Director 
                                shall not affect an employee's right to 
                                appeal a disciplinary action under 
                                applicable law, regulation, collective 
                                bargaining agreement, or contractual 
                                provision).'' after ``employee's 
                                agency''; and
                                    (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''; 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 106''; and
            (3) in paragraph (4), by striking ``(iv),''.
    (e) 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.

    (a) In General.--Section 403 of the Ethics in Government Act of 
1978 (5 U.S.C. App.) is amended--
            (1) in subsection (a), by adding a period at the end of the 
        matter following paragraph (2); and
            (2) by adding at the end the following:
    ``(c)(1) All designated agency ethics officials and alternate 
designated agency ethics officials shall register with 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) Each designated agency ethics official and each alternate 
designated agency ethics official shall biannually attend ethics 
education and training, as provided by the Director under paragraph 
(2).
    ``(d) Each Designated Agency Ethics Official, including the 
Designated Agency Ethics Official for the Executive Office of the 
President--
            ``(1) shall provide to the Director, in writing, in a 
        searchable, sortable, and downloadable format, all approvals, 
        authorizations, certifications, compliance reviews, 
        determinations, directed divestitures, public financial 
        disclosure reports, notices of deficiency in compliance, 
        records related to the approval or acceptance of gifts, 
        recusals, regulatory or statutory advisory opinions, waivers, 
        including waivers under section 207 or 208 of title 18, United 
        States Code, and any other records designated by the Director, 
        unless disclosure is prohibited by law;
            ``(2) shall, for all information described in paragraph (1) 
        that is permitted to be disclosed to the public under law, make 
        the information available to the public by publishing the 
        information on the website of the Office of Government Ethics, 
        providing a link to download an electronic copy of the 
        information, or providing printed paper copies of such 
        information to the public; and
            ``(3) may charge a reasonable fee for the cost of providing 
        paper copies of the information pursuant to paragraph (2).
    ``(e)(1) For all information that is provided by an agency to the 
Director under paragraph (1) of subsection (d), the Director shall make 
the information available to the public in a searchable, sortable, 
downloadable format by publishing the information on the website of the 
Office of Government Ethics or providing a link to download an 
electronic copy of the information.
    ``(2) The Director may, upon request, provide printed paper copies 
of the information published under paragraph (1) and charge a 
reasonable fee for the cost of printing such copies.''.
    (b) Repeal.--Section 408 of the Ethics in Government Act of 1978 (5 
U.S.C. App.) is hereby repealed.
                                                 Union Calendar No. 325

116th CONGRESS

  2d Session

                               H. R. 745

                      [Report No. 116-403, Part I]

_______________________________________________________________________

                                 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.

_______________________________________________________________________

                           February 21, 2020

 Reported from the Committee on Oversight and Reform with an amendment

                           February 21, 2020

 Committee on the Judiciary discharged; committed to the Committee of 
  the Whole House on the State of the Union and ordered to be printed