[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 896 Introduced in Senate (IS)]
<DOC>
116th CONGRESS
1st Session
S. 896
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 SENATE OF THE UNITED STATES
March 27, 2019
Mr. Blumenthal (for himself, Ms. Hirono, Ms. Klobuchar, Mr. Udall, Mr.
Whitehouse, and Ms. Duckworth) introduced the following bill; which was
read twice and referred to the Committee on Homeland Security and
Governmental Affairs
_______________________________________________________________________
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''.
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--
(1) by inserting after the first sentence the following:
``The Director shall be subject to removal only for
inefficiency, neglect of duty, or malfeasance in office.''; and
(2) by adding at the end the following: ``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 1 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) Duties Generally.--
(1) In general.--Section 402(b) of the Ethics in Government
Act of 1978 (5 U.S.C. App.) is amended--
(A) in paragraph (1)--
(i) by striking ``developing, in
consultation with the Attorney General and the
Office of Personnel Management,'' and inserting
``(A) developing'';
(ii) by striking ``title II'' and inserting
``title I'';
(iii) by adding ``and'' after the
semicolon; and
(iv) by adding at the end the following:
``(B) before promulgating rules or regulations under
subparagraph (A), consulting with the Attorney General;'';
(B) 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 Counsel to the
President, as determined appropriate by the Director;'';
(C) by redesignating paragraph (14) as paragraph
(3) and transferring such paragraph, as so
redesignated, to after paragraph (2);
(D) by redesignating paragraph (3) (relating to
monitoring and investigating compliance) and paragraphs
(4) through (13) as paragraphs (4) through (14),
respectively;
(E) in paragraph (3), as redesignated and
transferred by subparagraph (C) of this paragraph, by
striking ``and'' at the end;
(F) in paragraph (4), as so redesignated, by
striking ``title II'' and inserting ``title I'';
(G) in paragraph (5), as so redesignated--
(i) by striking ``violations of applicable
conflict of interest laws or regulations'' and
inserting ``conflicts of interest or other
ethics issues'';
(ii) by striking ``recommending'' and
inserting ``directing''; and
(iii) by striking ``ethical problems'' and
inserting ``ethics issues'';
(H) in paragraph (7), as so redesignated, by
striking ``ethical problems'' and inserting ``ethics
issues'';
(I) in paragraph (8), as so redesignated--
(i) by striking ``, when requested,''; and
(ii) by striking ``conflict of interest
problems'' and inserting ``conflicts of
interest and other ethics issues'';
(J) in paragraph (10), as so redesignated, by
inserting ``, except that the Director may not order
the President to take corrective action'' before the
semicolon;
(K) in paragraph (12), as so redesignated, by
striking ``conflict of interest laws'' and inserting
``laws, rules, and regulations relating to conflicts of
interest and other ethics issues'';
(L) in paragraph (13), as so redesignated--
(i) by striking ``evaluating'' and
inserting ``promulgating'';
(ii) by striking ``the need for''; and
(iii) by striking ``conflict of interest
and ethical problems'' and inserting
``conflicts of interest and other ethics
issues'';
(M) in paragraph (14), as so redesignated--
(i) by striking ``violations of the
conflict of interest laws'' and inserting
``conflicts of interest and other ethics
issues''; and
(ii) by striking ``, as required by section
535 of title 28, United States Code'';
(N) in paragraph (15)--
(i) by striking ``title II'' and inserting
``title I''; and
(ii) by striking the period at the end and
inserting a semicolon; and
(O) by adding at the end the following:
``(16) determining whether employees of an agency have
violated this Act 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 and 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 because of, exemptions from,
or waivers of the laws, rules, and regulations relating to
conflicts of interest and other ethics issues and making
approved recusals, exemptions, and waivers publicly
available.''.
(2) Technical and conforming amendments.--
(A) Section 402(e) of the Ethics in Government Act
of 1978 (5 U.S.C. App.) is amended, in the matter
preceding paragraph (1), by striking ``subsection
(b)(10)'' and inserting ``subsection (b)(11)''.
(B) Section 402(f) of the Ethics in Government Act
of 1978 (5 U.S.C. App.) is amended by striking
``subsection (b)(9)'' each place it appears and
inserting ``subsection (b)(10)''.
(b) Written Procedures.--Section 402(d)(1) 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,''; and
(2) by striking ``the agency is''.
(c) Corrective Action.--Section 402(f) of the Ethics in Government
Act of 1978 (5 U.S.C. App.) is amended--
(1) in paragraph (1)--
(A) in subparagraph (A)--
(i) in clause (i)--
(I) by inserting ``(or, with
respect to the President, recommend)''
after ``order'' the first place it
appears; and
(II) by striking ``of such
agency''; and
(ii) in clause (ii), by inserting ``(or,
with respect to the President, recommend)''
after ``order''; and
(B) in subparagraph (B), by striking ``notify the
President'' and all that follows through ``may
provide)'' and inserting ``determine that a violation
of this Act has occurred and (except with respect to
the President) issue appropriate administrative or
legal remedies as prescribed in paragraph (2)'';
(2) in paragraph (2)--
(A) in subparagraph (A)--
(i) in clause (ii)(II)--
(I) by striking ``shall notify the
President in writing'';
(II) by striking ``such action;''
and inserting ``such action--''; and
(III) by adding at the end the
following:
``(aa) shall notify the President in
writing; and
``(bb) may conduct a formal investigation
and hearing in accordance to the procedures
described in subparagraph (B); and'';
(ii) in clause (iii)--
(I) in the matter preceding
subclause (I), by inserting ``or has
violated'' after ``is violating''; and
(II) by striking subclause (II) and
inserting the following:
``(II) shall, if the officer or employee has not
complied with the order under subclause (I) within a
reasonable period of time--
``(aa) if the officer or employee is the
head of an agency, notify the President and
Congress of the officer's or employee's
noncompliance; and
``(bb) in the case of any other officer or
employee, order, in writing, that the head of
the officer's or employee's agency take
appropriate disciplinary action, including
reprimand, suspension, demotion, or dismissal
against the officer or employee.''; and
(iii) by striking clause (iv); and
(B) in subparagraph (B)--
(i) in clause (i)--
(I) by inserting ``(I)'' before
``In order to'';
(II) by striking ``(iii) or (iv)'';
and
(III) by adding at the end the
following:
``(II)(aa) In conducting an investigation, the Director may require
by subpoena--
``(AA) the production of information, documents, reports,
answers, records, accounts, papers, and other data in any
medium and other documentary evidence; and
``(BB) a witness 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) In the case of a refusal to obey a subpoena of the Director
under item (aa), the subpoena may be enforced by order of any
appropriate United States district court.
``(cc) 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 (except in the case of the
President) shall furnish that information to the Director.'';
(ii) in clause (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)'';
(iii) in clause (iii), by striking
``Subject to clause (iv) of this subparagraph,
before'' and inserting ``Before''; and
(iv) in clause (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 laws, rules and regulations relating to conflicts of interest and
other ethics issues, recusals, waivers, and exemptions of such laws,
rules, and regulations, 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 other ethics issues for
the executive branch required by law.
``(B) All financial disclosure reports and records relating to
conflicts of interest and other ethics issues determined to be public
information by the Director or by law shall be made available to the
public--
``(i)(I) by a link to such information if publicly
available on a website other than the website of the Office of
Government Ethics; or
``(II) at no charge on the website of the Office of
Government Ethics in a searchable, sortable, and downloadable
format; and
``(ii) subject to a reasonable fee, for reproduction of
paper documents at the Office of Government Ethics.''.
(d) Definitions.--Title IV of the Ethics in Government Act of 1978
(5 U.S.C. App.) is amended by adding at the end the following:
``Sec. 409. Definitions.--For purposes of this title--
``(1) the term `agency' includes the Executive Office of
the President;
``(2) the term `officer or employee' includes 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; and
``(3) the term `head of an agency' includes the President
or a designee of the President, for purposes of applying this
title to the White House and the Executive Office of the
President.''.
(e) Submission of Information and Views.--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)(1) Upon request by any committee or subcommittee of Congress,
the Director shall provide to Congress, by report, testimony, or
otherwise, information and the views of the Director on functions,
responsibilities, or other matters relating to the Office of Government
Ethics.
``(2) 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.
``(3) Information and views provided to Congress under paragraph
(1) shall be transmitted concurrently to the President and any other
appropriate executive agency.''.
SEC. 4. 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 and 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 designee of
the President for purposes of this title and all designated and
alternate designated agency ethics officials and other ethics
counselors in the executive branch in the interpretation and
implementation of all rules and regulations relating to conflict of
interest and other ethics issues promulgated by the President or the
Director.''.
<all>
Executive Branch Comprehensive Ethics Enforcement Act
#896 | S Congress #116
Policy Area: Government Operations and Politics
Subjects: Administrative law and regulatory proceduresAdministrative remediesCongressional oversightDepartment of JusticeFederal officialsGovernment employee pay, benefits, personnel managementGovernment ethics and transparency, public corruptionGovernment information and archivesGovernment studies and investigationsOffice of Government EthicsOffice of Personnel Management (OPM)
Last Action: Read twice and referred to the Committee on Homeland Security and Governmental Affairs. (3/27/2019)
Bill Text Source: Congress.gov
Summary and Impacts
Original Text