I 
115TH CONGRESS 
2D SESSION 
H. R. 5902 
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 
MAY 21, 2018 
Mr. RASKIN (for himself, Mr. CAPUANO, Mr. COHEN, Mr. DESAULNIER, Mr. 
EVANS, Mr. GOMEZ, Ms. NORTON, Mr. HUFFMAN, Ms. JACKSON LEE, 
Ms. KELLY of Illinois, Mr. LYNCH, Mr. NADLER, Mr. O’HALLERAN, Mr. 
PALLONE, Mr. PAYNE, Mr. QUIGLEY, Ms. SCHAKOWSKY, Ms. SPEIER, 
Mr. WALZ, Mrs. WATSON COLEMAN, Mr. JOHNSON of Georgia, and Mr. 
WELCH) introduced the following bill; which was referred to the Com-
mittee on Oversight and Government 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 
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 Representa-
tives 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 2018’’. 
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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 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. 3. DUTIES OF DIRECTOR OF THE OFFICE OF GOVERN-
MENT 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 consulta-
tion’’ and inserting ‘‘consulting’’; 
(B) by striking ‘‘Management,’’ and insert-
ing ‘‘Management for advice on the develop-
ment of’’; and 
(C) by striking ‘‘title II’’ and inserting 
‘‘title I’’; 
(2) by striking paragraph (2) and inserting the 
following: 
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‘‘(2) providing mandatory education and train-
ing programs for agency ethics counselors and other 
responsible officials, which may be delegated to each 
agency or the White House Counsel as deemed ap-
propriate by the Director;’’; 
(3) in paragraph (3) by striking ‘‘title II’’ and 
inserting ‘‘title I’’; 
(4) in paragraph (4)— 
(A) by striking ‘‘violations of applicable 
conflict of interest laws or regulations’’ and in-
serting ‘‘conflicts of interest’’; 
(B) by striking ‘‘recommending’’ and in-
serting ‘‘directing’’; and 
(C) by striking ‘‘problems’’ and inserting 
‘‘issues’’; 
(5) in paragraph (6), by striking ‘‘problems’’ 
and inserting ‘‘issues’’; 
(6) in paragraph (7)— 
(A) by striking ‘‘, when requested,’’; and 
(B) by striking ‘‘conflict of interest prob-
lems’’ and inserting ‘‘conflicts of interest, as 
well as other ethics issues under the purview of 
this Act,’’; 
(7) in paragraph (11), by inserting after ‘‘con-
flict of interest laws’’ the following: ‘‘, rules, and 
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regulations as they relate to conflicts of interest and 
other ethical issues,’’; 
(8) in paragraph (12)— 
(A) by striking ‘‘evaluating’’ and inserting 
‘‘promulgating’’; 
(B) by striking ‘‘the need for’’; 
(C) by striking ‘‘conflict of interest and 
ethical problems’’ and inserting ‘‘conflict of in-
terest and ethical issues’’; 
(9) in paragraph (13)— 
(A) by inserting ‘‘serious’’ after ‘‘allega-
tions of’’; 
(B) by striking ‘‘violations of the conflict 
of interest laws’’ and inserting ‘‘conflict of in-
terest issues and allegations of violations of eth-
ics 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 ‘‘title II’’ and inserting 
‘‘title I’’; and 
(B) by striking the period at the end and 
inserting a semicolon; and 
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(12) by adding at the end the following: 
‘‘(16) determining any violations of this Act by 
employees of an agency and issuing appropriate ad-
ministrative penalties; 
‘‘(17) directing and providing final approval, 
when determined appropriate by the Director, for 
agency ethics counselors and other responsible offi-
cials 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 appro-
priate by the Director, approving any recusals, ex-
emptions, or waivers to the conflicts of interest and 
ethics laws, rules, and regulations and making ap-
proved 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,’’; and 
(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— 
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(1) in paragraph (1)— 
(A) in clause (i) of subparagraph (A) by 
striking ‘‘of such agency’’; and 
(B) in subparagraph (B) by striking ‘‘no-
tify the President and the Congress of the 
agency’s noncompliance in writing (including, 
with the notification, any written comments 
which the agency may provide)’’ and inserting 
‘‘determine that a violation of this Act has oc-
curred 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 des-
ignee if the matter involves em-
ployees of the Executive Office of 
the President or’’ after ‘‘may rec-
ommend’’; 
(bb) by striking ‘‘and’’ at 
the end; 
(II) in subclause (II)— 
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(aa) by striking ‘‘shall notify 
the President in writing’’; 
(bb) by inserting ‘‘President 
or’’ after ‘‘determines that the’’; 
and 
(cc) by adding ‘‘and’’ at the 
end; and 
(III) by adding at the end the 
following: 
‘‘(III) may conduct a formal investigation 
and hearing in accordance to the procedures de-
scribed in subparagraph (B).’’; 
(ii) in clause (iii)— 
(I) in the matter preceding sub-
clause (I) by inserting ‘‘or has vio-
lated’’ after ‘‘is violating’’; 
(II) in subclause (I) by striking 
‘‘and’’ at the end; and 
(III) in subclause (II)— 
(aa) by striking ‘‘notify in 
writing,’’ and inserting ‘‘advise 
the 
President 
in 
writing 
or 
order’’; 
(bb) by inserting ‘‘that the 
President or’’ after ‘‘in writing,’’; 
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(cc) by inserting ‘‘take ap-
propriate disciplinary action in-
cluding reprimand, suspension, 
demotion, or dismissal against 
the officer or employee’’ after 
‘‘employee’s agency’’; and 
(dd) by striking ‘‘of the offi-
cer’s or employee’s noncompli-
ance, except that, if the officer or 
employee involved is the agency 
head, the notification shall in-
stead be submitted to the Presi-
dent’’; 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 fol-
lowing: 
‘‘(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 
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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 interrog-
atories and cross-interrogatories as may be sub-
mitted with the application, or to be orally ex-
amined or cross-examined on the subject of the 
claim. 
‘‘(bb) The Director may secure directly 
from any agency information necessary to en-
able it to carry out this Act. Upon request of 
the Director, the head of such agency shall fur-
nish that information to the Director.’’; 
(C) in subparagraph (B)(ii)(I)— 
(i) by striking ‘‘Subject to clause (iv) 
of this subparagraph, before’’ and insert-
ing ‘‘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)— 
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(i) by striking ‘‘title 2’’ and inserting 
‘‘title I’’; and 
(ii) by striking ‘‘section 206’’ and in-
serting ‘‘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 ref-
erencing data by internet link that is maintained by 
agencies or otherwise made publicly available, of all 
conflicts of interest and ethics laws, rules and regu-
lations, recusals, waivers and exemptions, ethics ad-
visory opinions, ethics agreements of senior executive 
branch personnel and employee certificates of dives-
titure, 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 execu-
tive branch required by law. 
‘‘(B) All financial disclosure reports, conflicts of 
interest and ethics records deemed public informa-
tion by the Director or by law shall be made avail-
able to the public either by internet link to such in-
formation if publicly available, or at no charge on 
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the web page of the Office of Government Ethics in 
a searchable, sortable, and downloadable format, and 
at reasonable fees for reproduction of paper docu-
ments 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’ shall include the Execu-
tive 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, regardless of whether the individual re-
ceives pay. 
‘‘(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 Con-
gress on the request of any committee or subcommittee 
thereof, by report, testimony, or otherwise, information 
and the views on functions, responsibilities, or other mat-
ters relating to the Office of Government Ethics. Such in-
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formation shall be transmitted concurrently to the Presi-
dent and any other appropriate Executive agency.’’. 
SEC. 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 al-
ternate designated agency ethics officials shall register 
with, and report to, the Director as well as with the ap-
pointing 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 des-
ignated agency ethics officials and other ethics counselors 
in the executive branch in the interpretation and imple-
mentation of all conflict of interest and ethics rules and 
regulations promulgated by the President or the Direc-
tor.’’. 
Æ 
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