Executive Branch Comprehensive Ethics Enforcement Act of 2018

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. 1. Short title This Act may be cited as the Executive Branch Comprehensive Ethics Enforcement Act of 2018 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 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. 3. Duties of Director of the Office of Government Ethics (a) 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 consulting (B) by striking Management, Management for advice on the development of (C) by striking title II title I (2) 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 White House Counsel as deemed appropriate by the Director; ; (3) in paragraph (3) by striking title II title I (4) in paragraph (4)— (A) by striking violations of applicable conflict of interest laws or regulations conflicts of interest (B) by striking recommending directing (C) by striking problems issues (5) in paragraph (6), by striking problems issues (6) in paragraph (7)— (A) by striking , when requested, (B) by striking conflict of interest problems conflicts of interest, as well as other ethics issues under the purview of this Act, (7) in paragraph (11), by inserting after conflict of interest laws , rules, and regulations as they relate to conflicts of interest and other ethical issues, (8) in paragraph (12)— (A) by striking evaluating promulgating (B) by striking the need for (C) by striking conflict of interest and ethical problems conflict of interest and ethical issues (9) in paragraph (13)— (A) by inserting serious allegations of (B) by striking violations of the conflict of interest laws conflict of interest issues and allegations of violations of ethics laws and regulations and this Act (C) by striking , as required by section 535 of title 28, United States Code (10) in paragraph (14) by striking and (11) in paragraph (15)— (A) by striking title II title I (B) by striking the period at the end and inserting a semicolon; and (12) by adding at the end the following: (16) determining any violations of this Act by employees of an agency 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 as well as any 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, exemptions, or waivers to the conflicts of interest and ethics laws, rules, and regulations and making approved recusals, exemptions, and waivers public record. . (b) Section 402(d) of the Ethics in Government Act of 1978 (5 U.S.C. App.) is amended— (1) in paragraph (1)— (A) by striking , by the exercise of any authority otherwise available to the Director under this title, (B) by striking the agency is (c) 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 (B) in subparagraph (B) by striking notify the President and the Congress of the agency’s noncompliance in writing (including, with the notification, any written comments which the agency may provide) 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 may recommend (bb) by striking and (II) in subclause (II)— (aa) by striking shall notify the President in writing (bb) by inserting President or determines that the (cc) by adding and (III) by adding at the end the following: (III) may conduct a formal investigation and hearing in accordance to the procedures described in subparagraph (B). ; (ii) in clause (iii)— (I) in the matter preceding subclause (I) by inserting or has violated is violating (II) in subclause (I) by striking and (III) in subclause (II)— (aa) by striking notify in writing, advise the President in writing or order (bb) by inserting that the President or in writing, (cc) by inserting take appropriate disciplinary action including reprimand, suspension, demotion, or dismissal against the officer or employee employee’s agency (dd) 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 (iii) by striking clause (iv); (B) in subparagraph (B)(i)— (i) by striking subparagraph (A)(iii) or (iv) subparagraph (A) (ii) by inserting (I) In order to (iii) by adding at the end the following: (II) (aa) In conducting an investigation, the Director may, if necessary, apply to a judge or clerk of a court of the United States to issue a subpoena for a witness or witnesses 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) The Director may secure directly from any agency information necessary to enable it to carry out this Act. Upon request of the Director, the head of such agency shall furnish that information to the Director. ; (C) in subparagraph (B)(ii)(I)— (i) by striking Subject to clause (iv) of this subparagraph, before Before (ii) by striking subparagraphs (A) (iii) or (iv) subparagraph (A)(iii) (D) in subparagraph (B)(iii) by striking Subject to clause (iv) of this subparagraph, before Before (E) in subparagraph (B)(iv)— (i) by striking title 2 title I (ii) by striking section 206 section 104 (3) in paragraph (4), by striking (iv), (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 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 as required under title I of this Act, 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, conflicts of interest and ethics records 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 web page 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) 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 (2) the term officer or employee (h) In this title, a reference to the head of an agency shall include the President or the President’s designee. (i) In carrying out the duties under this section, the Director, or any employee of the Office of Government Ethics designated by the Director, shall transmit to Congress on the request of any committee or subcommittee thereof, by report, testimony, or otherwise, information and the views on functions, responsibilities, or other matters relating to the Office of Government Ethics. Such information shall be transmitted concurrently to the President and any other appropriate Executive agency. . 4. Agency Ethics Officials Training and Duties Section 403 of such Act (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. (3) The Director shall have final authority over the President’s designee and all designated and alternate designated agency ethics officials and other ethics counselors in the executive branch in the interpretation and implementation of all conflict of interest and ethics rules and regulations promulgated by the President or the Director. .

Summary: Executive Branch Comprehensive Ethics Enforcement Act of 2018 This bill expands the duties and authorities of the Office of Government Ethics (OGE). Among other things, the bill authorizes the OGE to do the following: issue subpoenas during investigations; and order corrective actions (e.g., divestiture) and issue administrative remedies (e.g., suspension or demotion).