Executive Branch Accountability and Transparency Act

Bill: 118-hr-3642
Sponsor: full_name: Rep. Langworthy, Nicholas A. [R-NY-23]
Introduced: 2023-05-24
Policy area: Government Operations and Politics
Subjects: Computers and information technology

Government ethics and transparency, public corruption

Government information and archives

Internet, web applications, social media

Office of Government Ethics
Latest action: action_date: 2024-09-18
text: Ordered to be Reported in the Nature of a Substitute by the Yeas and Nays: 36 - 0.

Summaries:

tv_txt: I 118th CONGRESS 1st Session H. R. 3642 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.

1. Short title This Act may be cited as the Executive Branch Accountability and Transparency Act . 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.