[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3642 Introduced in House (IH)]

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118th CONGRESS
  1st Session
                                H. R. 3642

To require the Office of Government Ethics to establish and maintain a 
 centralized database for executive branch ethics records of noncareer 
                              appointees.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              May 24, 2023

   Mr. Langworthy (for himself, Ms. Tokuda, Mr. Buck, Mrs. Miller of 
   Illinois, Mr. Alford, Mr. Grothman, Mr. Williams of New York, Mr. 
  Edwards, Mr. Higgins of Louisiana, and Mr. Timmons) introduced the 
 following bill; which was referred to the Committee on Oversight and 
                             Accountability

_______________________________________________________________________

                                 A BILL


 
To require the Office of Government Ethics to establish and maintain a 
 centralized database for executive branch ethics records of noncareer 
                              appointees.

    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 Accountability and 
Transparency Act''.

SEC. 2. CENTRALIZED DATABASE FOR PUBLICLY AVAILABLE GOVERNMENT ETHICS 
              RECORDS.

    (a) Establishment.--Not later than 210 days after the date of 
enactment of this Act, the Director of the Office of Government Ethics 
shall establish a searchable, sortable database through which members 
of the public can access covered ethics records.
    (b) Specifications of Database.--The database under subsection (a) 
shall be--
            (1) hosted on a official website of the Office of 
        Government Ethics without charge and without a requirement that 
        members of the public register for access;
            (2) accessible through an application programming 
        interface; and
            (3) fully compliant with--
                    (A) section 508 of the Rehabilitation Act of 1973 
                (29 U.S.C. 794d); and
                    (B) the most recent Web Content Accessibility 
                Guidelines (or successor guidelines).
    (c) Applicability of Other Inspection Procedures.--In establishing 
the database under subsection (a), the Director of the Office of 
Government Ethics may not apply the inspection procedures established 
in section 13107(b) of title 5, United States Code, to any procedures 
concerning the accessibility of covered ethics records.
    (d) Agency Cooperation.--
            (1) Submission of electronic covered ethics records.--
        Except as provided in subsection (g), the designated agency 
        ethics official of each employing agency shall--
                    (A) not later than 60 days after the date of 
                enactment of this Act or within 60 days of receipt or 
                issuance, submit electronic copies of covered ethics 
                records, in such format and through such means as the 
                Director of the Office of Government Ethics may 
                require; and
                    (B) ensure that the content of all such records is 
                machine readable and compliant with the requirements of 
                subsection (b).
            (2) Costs associated with compliance.--The cost of 
        complying with the requirements of paragraph (1) and uploading 
        covered ethics records to the website of the Office of 
        Government Ethics shall be the responsibility of the employing 
        agency.
    (e) Reimbursable Costs.--
            (1) Periodic assessment.--In consultation with the Office 
        of Management and Budget, the Director of the Office of 
        Government Ethics is authorized to periodically assess from any 
        agency a share of the costs of establishing and maintaining the 
        database, provided that the total amounts assessed do not 
        exceed costs actually incurred by the Office of Government 
        Ethics, and provided further that any part of the assessment 
        attributable to the cost of services of personnel of the Office 
        of Government Ethics does not exceed the cost of one full-time 
        equivalent.
            (2) Determination and reimbursement.--
                    (A) Determination.--The Office of Management and 
                Budget shall assist the Office of Government Ethics in 
                determining amounts to assess agencies and in 
                collecting the assessments authorized under this 
                subsection.
                    (B) Reimbursement.--Each agency in the executive 
                branch is authorized to reimburse the Office of 
                Government Ethics for an assessed share of such costs.
    (f) Redactions.--Covered ethics records may not be redacted except 
to the extent necessary to--
            (1) ensure the exclusion of information described in 
        subsection (i)(3)(B);
            (2) prevent the release of trade secrets or commercial 
        information that is privileged or confidential, unless the 
        disclosure of such information is required pursuant to section 
        13104 of title 5, United States Code; or
            (3) prevent the release of information that, in the opinion 
        of the Director, poses an identifiable risk to the safety of an 
        individual, such as a street address, the name of a minor, or a 
        brokerage account number.
    (g) Records Predating Establishment of the Database.--
            (1) Search for older information.--Not later than 12 months 
        after the date of enactment of this Act, each employing agency 
        shall complete a search reasonably calculated to find covered 
        ethics records that were created during the 9-year period 
        preceding the date of enactment of this Act.
            (2) Included information and certification.--The search 
        shall include all materials in the possession of the agency's 
        ethics office or readily accessible materials in any other 
        office within the agency that the designated agency ethics 
        official certifies in writing is the most likely office to 
        possess covered ethics records.
            (3) Exclusion from search.--The agency may exclude 
        information described in subsection (i)(3)(B) from the search.
            (4) Electronic copies.--The agency shall provide the 
        Director of the Office of Government Ethics with electronic 
        copies of all covered ethics records in a manner prescribed by 
        the Director and as required by this Act with respect to format 
        and accessibility.
            (5) Report.--Not later than 30 days after the completion of 
        the search under paragraph (1), the designated agency ethics 
        official shall provide the Director of the Office of Government 
        Ethics with a report that describes--
                    (A) the scope of the search and steps undertaken to 
                identify information;
                    (B) a copy of the certification required under 
                paragraph (2);
                    (C) the best estimate as to the completeness of the 
                collection of information provided to the Director;
                    (D) an identification of any categories of 
                information known to the agency that the agency was 
                unable to find; and
                    (E) a certification signed by the designated agency 
                ethics official affirming that the agency made 
                reasonable efforts in good faith to identify and obtain 
                covered ethics records.
            (6) Publication.--The Director shall publish the report 
        under paragraph (5) on the official website of the Office of 
        Government Ethics.
    (h) Removal of Records From the Database.--Notwithstanding any 
other law regarding the destruction of records or information, all 
covered ethics records required to be included in the database shall 
remain publicly available through the database established under this 
Act for a period of not less than 10 years.
    (i) Definitions.--In this section:
            (1) Agency.--The term ``agency'' means each executive 
        agency, as defined in section 105 of title 5, United States 
        Code, and each component of the Executive Office of the 
        President.
            (2) Covered employee.--
                    (A) Inclusions.--The term ``covered employee'' 
                includes the following individuals:
                            (i) Each individual who is--
                                    (I) a noncareer employee; and
                                    (II) is described in paragraphs (3) 
                                through (8) of section 13103(f) of 
                                title 5, United States Code.
                            (ii) Each individual serving in a position 
                        with respect to which a determination has been 
                        made under section 7511(b)(2) of title 5, 
                        United States Code.
                            (iii) Each special Government employee, as 
                        defined in section 202(a) of title 18, United 
                        States Code, who is employed in the Executive 
                        Office of the President, other than a special 
                        government employee serving solely on a Federal 
                        advisory committee or presidential advisory 
                        committee.
                            (iv) An individual who previously served in 
                        the Federal Government in a capacity described 
                        in subparagraphs (A) through (C) within the 
                        last 10 years.
                    (B) Exclusions.--The term ``covered employee'' 
                excludes any individual described in section 
                13107(a)(1) of title 5, United States Code.
            (3) Covered ethics record.--
                    (A) Inclusions.--The term ``covered ethics 
                record''--
                            (i) with respect to any individual, means--
                                    (I) each approval granted pursuant 
                                to subsection (b) or subsection (c) of 
                                section 908 of title 37, United States 
                                Code; and
                                    (II) each report to Congress 
                                required under section 908(d) of title 
                                37, United States Code; and
                            (ii) with respect to a covered employee, 
                        means each of the following:
                                    (I) Each public financial 
                                disclosure report filed pursuant to 
                                section 13103 or section 13105(l) of 
                                title 5, United States Code.
                                    (II) Each amendment to a public 
                                financial disclosure report filed 
                                pursuant to section 13103 or section 
                                13105(l) of title 5, United States 
                                Code.
                                    (III) Each waiver of--
                                            (aa) a post-employment 
                                        restriction, pursuant to 
                                        subsection (c)(2)(C) or 
                                        subsection (k) of section 207 
                                        of title 18, United States 
                                        Code;
                                            (bb) section 208(a) of 
                                        title 18, United States Code, 
                                        that has been issued pursuant 
                                        to section 208(b)(1) of title 
                                        18, United States Code;
                                            (cc) a public financial 
                                        disclosure requirement, 
                                        pursuant to section 13103(i) of 
                                        title 5, United States Code;
                                            (dd) the requirement to 
                                        disclose a gift, pursuant to 
                                        section 13104(a)(2)(C) of title 
                                        5, United States Code; and
                                            (ee) a provision of any 
                                        regulation of the Office of 
                                        Government Ethics, supplemental 
                                        agency ethics regulation, or 
                                        Executive order pertaining to 
                                        government ethics.
                                    (IV) Each authorization of an 
                                individual to participate in a matter 
                                from which recusal would otherwise be 
                                required under any provision of law, 
                                regulation, Executive order, or policy 
                                pertaining to government ethics and 
                                applicable to the individual as an 
                                employee of the executive branch.
                                    (V) Each approval or authorization 
                                permitting an individual to accept a 
                                gift from an outside source that would 
                                otherwise be prohibited under section 
                                7353 of title 5, United States Code, or 
                                any other provision of law, regulation, 
                                Executive order, or policy pertaining 
                                to government ethics and applicable to 
                                the individual as an employee of the 
                                executive branch.
                                    (VI) Each determination--
                                            (aa) that a position may be 
                                        excluded from otherwise 
                                        applicable public financial 
                                        disclosure requirements, 
                                        pursuant to section 13103(f)(5) 
                                        of title 5, United States Code;
                                            (bb) that an employee of 
                                        the executive branch, or the 
                                        spouse or minor child of an 
                                        employee of the executive 
                                        branch, must divest a financial 
                                        interest; or
                                            (cc) regarding an 
                                        individual that is made 
                                        pursuant to any other provision 
                                        of law, regulation, Executive 
                                        order, or policy pertaining to 
                                        government ethics and 
                                        applicable to the individual as 
                                        an employee or former employee 
                                        of the executive branch.
                                    (VII) Each written ethics 
                                agreement, recusal, or screening 
                                arrangement pertaining to employment in 
                                the executive branch.
                                    (VIII) Each record of a 
                                presidential appointee's completion of 
                                ethics training required under a 
                                regulation of the Office of Government 
                                Ethics.
                                    (IX) Each Certificate of 
                                Divestiture issued pursuant to section 
                                1043 of title 26, United States Code, 
                                and each request that resulted in the 
                                issuance of a Certificate of 
                                Divestiture.
                                    (X) Each qualified blind trust 
                                agreement and each record described in 
                                section 13104(f)(5)(D) of title 5, 
                                United States Code.
                                    (XI) Each record submitted pursuant 
                                to section 13103(b)(1) of title 5, 
                                United States Code for the purpose of 
                                making current, with respect to income 
                                and honoraria, a financial disclosure 
                                filed pursuant to that paragraph.
                                    (XII) Each notice submitted 
                                pursuant to section 13111 of title 5, 
                                United States Code and any 
                                certification by a Senate-confirmed 
                                presidential appointee as to compliance 
                                with an ethics agreement, whether 
                                submitted to the employing agency, the 
                                Office of Government Ethics, or the 
                                Senate.
                                    (XIII) Any written opinion issued 
                                pursuant to section 847 of the National 
                                Defense Authorization Act for 2008 
                                (Public Law 110-181), except that the 
                                employing agency may redact the name of 
                                an individual or organization with whom 
                                an individual has not yet accepted an 
                                offer of employment or compensation.
                                    (XIV) Any notification filed 
                                pursuant to section 17 of the Stop 
                                Trading On Congressional Knowledge Act 
                                (Public Law 112-105), except that the 
                                agency may withhold the public release 
                                of any such notification until such 
                                time as the employee has accepted an 
                                offer of employment or compensation 
                                from an individual or organization that 
                                is the subject of the notification.
                                    (XV) Each certification made 
                                pursuant to--
                                            (aa) section 203(e) of 
                                        title 18, United States Code;
                                            (bb) section 205(f) of 
                                        title 18, United States Code; 
                                        or
                                            (cc) section 207(j)(5) of 
                                        title 18, United States Code.
                                    (XVI) Any other category of records 
                                that the Director of the Office of 
                                Government Ethics determines is 
                                appropriate for inclusion in the 
                                database.
                    (B) Exclusions.--The term ``covered ethics record'' 
                excludes--
                            (i) national defense information;
                            (ii) the subject of an ongoing law 
                        enforcement matter which, in the opinion of the 
                        agency, requires the information or record to 
                        be kept confidential;
                            (iii) a confidential financial disclosure 
                        report under section 13109 of title 5, United 
                        States Code; or
                            (iv) individualized ethics counseling or 
                        advice concerning an interpretation of 
                        applicable legal requirements that has been 
                        provided by an ethics official to an 
                        individual, except that such information or 
                        record shall not be excluded from the 
                        requirements of this Act if--
                                    (I) the information or record has 
                                the operative effect of altering a 
                                legal obligation of the individual, 
                                such as the approval of an employee's 
                                acceptance of a gift from an outside 
                                source under a regulation requiring 
                                approval; or
                                    (II) is required by law to be 
                                issued, such as a post-employment 
                                opinion that section 847 of the 
                                National Defense Authorization Act for 
                                Fiscal Year 2008 (Public Law 110-181).
            (4) Employing agency.--The term ``employing agency'' means 
        any agency that employs or employed the individual whose record 
        is the subject of a requirement of this Act, except that the 
        National Archives and Records Administration shall be 
        determined to be the employing agency with respect to any 
        record for which it is responsible.
            (5) Noncareer employee.--The term ``noncareer employee'' 
        means an individual who is--
                    (A) an employee, as defined in section 2105 of 
                title 5, United States Code, serving in a position in 
                the executive branch; and
                    (B) is--
                            (i) serving in a position to which the 
                        President appointed the individual (without 
                        regard to whether the advice and consent of the 
                        Senate was required with respect to that 
                        appointment), other than an individual who is--
                                    (I) a member of a uniformed 
                                service, as that term is defined in 
                                section 210(m) of the Social Security 
                                Act (42 U.S.C. 410(m)); or
                                    (II) a member of the Foreign 
                                Service serving under a career 
                                appointment, as described in section 
                                301 of the Foreign Service Act of 1980 
                                (22 U.S.C. 3941);
                            (ii) a noncareer appointee, as that term is 
                        defined in section 3132(a) of title 5, United 
                        States Code;
                            (iii) serving in a position in a Federal 
                        executive system that is comparable to the 
                        Senior Executive Service, the appointment to 
                        which is not made through merit-based 
                        procedures, such as a position in the 
                        Transportation Security Executive Service; or
                            (iv) serving in a position with respect to 
                        which a determination has been made under 
                        section 7511(b)(2) of title 5, United States 
                        Code.
    (j) Severability.--If any provision of this Act or the application 
of such provision to any person or circumstance is held to be 
unconstitutional, the remainder of this Act, and the application of the 
remaining provisions of this Act to any person or circumstance, shall 
not be affected.
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