[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 2270 Introduced in Senate (IS)]

<DOC>






118th CONGRESS
  1st Session
                                S. 2270

 To establish and maintain a database within each agency for executive 
             branch ethics records of noncareer appointees.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             July 12, 2023

 Mr. Grassley (for himself, Mr. Peters, Mr. Padilla, and Mr. Lankford) 
introduced the following bill; which was read twice and referred to the 
        Committee on Homeland Security and Governmental Affairs

_______________________________________________________________________

                                 A BILL


 
 To establish and maintain a database within each agency 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 of 2023''.

SEC. 2. AGENCY DATABASES FOR PUBLICLY AVAILABLE GOVERNMENT ETHICS 
              RECORDS.

    (a) 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, including those components established under title 
        3, United States Code.
            (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 clause (i), (ii), or (iii) during the 
                        preceding 10-year period.
                    (B) Exclusion.--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--
                                    (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) the cover letter 
                                        regarding a public financial 
                                        disclosure requirement, 
                                        pursuant to section 
                                        13103(h)(2)(i) of title 5, 
                                        United States Code;
                                            (dd) the cover letter 
                                        regarding 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, or any 
                                        successor thereto;
                                    (IV) each written 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 written approval or 
                                written 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 written 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 required to 
                                        be 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 the 
                                completion by a presidential appointee 
                                of ethics training required under a 
                                regulation of the Office of Government 
                                Ethics;
                                    (IX) each certificate of 
                                divestiture issued pursuant to section 
                                1043 of the Internal Revenue Code of 
                                1986 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 respective 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 Fiscal 
                                Year 2008 (Public Law 110-181; 10 
                                U.S.C. 1701 note), except that the 
                                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 STOCK Act 
                                (5 U.S.C. 13103 note), except that the 
                                agency may withhold the public release 
                                of any such notification unless and 
                                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; 
                                        and
                                    (XVI) any other category of records 
                                that the Director of the Office of 
                                Government Ethics determines is 
                                appropriate for inclusion in the 
                                database of an agency under this Act.
                    (B) Exclusions.--The term ``covered ethics record'' 
                excludes--
                            (i) classified information, as defined in 
                        section 798 of title 18, United States Code;
                            (ii) the subject of any ongoing law 
                        enforcement matter that, in the opinion of the 
                        agency, requires the information or record to 
                        be kept confidential;
                            (iii) information, including any 
                        confidential financial disclosure report, filed 
                        pursuant to section 13109 of title 5, United 
                        States Code, except that such exclusion shall 
                        not be construed to exclude from inclusion in 
                        any database established under this Act, or to 
                        authorize redaction of, any conflict of 
                        interest waiver issued to the filer of the 
                        confidential financial disclosure report; 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 if such 
                        information or record is a covered record under 
                        subparagraph (A).
            (4) Noncareer employee.--The term ``noncareer employee'' 
        means an individual who is--
                    (A) 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);
                    (B) a noncareer appointee, as that term is defined 
                in section 3132(a) of title 5, United States Code;
                    (C) 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
                    (D) serving in a position with respect to which a 
                determination has been made under section 7511(b)(2) of 
                title 5, United States Code.
    (b) Specifications of Databases.--Not later than 120 days after the 
date of enactment of this Act, the Director of the Office of Government 
Ethics shall publish guidance for a searchable, sortable database 
created by each agency through which members of the public can access 
covered ethics records and that shall each be--
            (1) hosted on an official website of each agency without 
        charge and without a requirement that members of the public 
        register for access;
            (2) accessible through an application programming 
        interface;
            (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 any successor guidelines); and
            (4) accessible through the website of each agency and 
        through a single webpage operated by the Office of Government 
        Ethics.
    (c) Assembly of Covered Ethics Records.--Except as provided in 
subsection (f), the head of each agency shall--
            (1) not later than 270 days after publication of guidance 
        under subsection (b), compile electronic copies of covered 
        ethics records that originated with the agency, in such format 
        and through such means as is necessary to permit their 
        inclusion in the database of the agency pursuant to the 
        requirements published under subsection (b); and
            (2) ensure that the contents of all such records are 
        machine-readable and compliant with the requirements published 
        under subsection (b).
    (d) Establishment of Databases.--Not later than 1 year after the 
date on which the Director of the Office of Government Ethics publishes 
the guidance under subsection (b), each agency shall create a database 
that complies with all requirements under the guidance published under 
subsection (b).
    (e) Applicability of Other Inspection Procedures.--
            (1) In general.--Subject to paragraph (2), no identifier 
        shall be required to search or sort the data contained in the 
        databases established pursuant to subsection (d).
            (2) Downloading data.--A login protocol that includes the 
        name of the user shall be utilized by any person downloading 
        data contained in the records compiled pursuant to subsection 
        (c).
            (3) Inspection of reports.--For purposes of this section, 
        section 13107(b) of title 5, United States Code, shall not 
        apply to any records compiled pursuant to subsection (c).
    (f) Redactions.--
            (1) Contents of reports.--Nothing in this section shall be 
        construed to permit the redaction of any information required 
        to be released pursuant to section 13104 of title 5, United 
        States Code.
            (2) Prohibitions.--Covered ethics records may not be 
        redacted except to the extent necessary to--
                    (A) ensure the exclusion of information described 
                in subsection (a)(3)(B);
                    (B) 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
                    (C) prevent the release of information, other than 
                information required to be reported under section 13104 
                of title 5, United States Code, that, in the opinion of 
                the agency, 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 18 months 
        after the publication of guidance under subsection (b), each 
        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.--Each search 
        carried out pursuant to paragraph (1) shall include all 
        materials in the possession of the ethics office of an agency 
        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.--In carrying out this 
        subsection, each agency shall exclude information described in 
        subsection (a)(3)(B) from the search carried out pursuant to 
        paragraph (1).
            (4) Report.--Not later than 30 days after the completion of 
        the search carried out pursuant to paragraph (1), each 
        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 of 
                the Office of Government Ethics;
                    (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.
            (5) Publication.--The Director of the Office of Government 
        Ethics shall publish the report under paragraph (4) on the 
        official website of the Office of Government Ethics.
    (h) Removal of Records.--Notwithstanding any other law regarding 
the disposition of records or information, all covered ethics records 
relating to noncareer employees that are required to be included in the 
database of an agency pursuant to this section shall remain publicly 
available through the database for a period of not less than 10 years 
after the date on which the covered ethics record is first published in 
the database.
    (i) Reports.--
            (1) Initial report.--Not later than 30 days after the 
        establishment of a database under subsection (d), the relevant 
        designated agency ethics official shall provide the Director of 
        the Office of Government Ethics with a report that certifies 
        the completeness of records in the database of the agency and 
        any information that is known to be incomplete under the 
        guidance published under subsection (b).
            (2) Annual reports.--Based on the information collected 
        under subsection (g)(4), and as necessary under section 
        2638.207 of title 5, Code of Federal Regulations, the Director 
        of the Office of Government Ethics shall report to the 
        Committee on Homeland Security and Governmental Affairs of the 
        Senate and the Committee on Oversight and Accountability of the 
        House of Representatives regarding compliance with the 
        requirements under this Act each year until each agency has 
        complied with subsections (d) and (g).
    (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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