,,ii #aafth ,,congress #ast ,session ,s4 #hif ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,march #bg1 #bjai,mr4 ,blumenthal 7for himself1 ,ms4 ,hirono1 ,ms4 ,klobuchar1 ,mr4 ,udall1 ,mr4 ,whitehouse1 and ,ms4 ,duckworth7 introduced the following bill2 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 #aigh to provide for reform in the operations of the ,office of ,government ,ethics1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,executive ,branch ,comprehensive ,ethics ,enforcement ,act4 #b4 ,tenure of the ,director of the ,office of ,government ,ethics ,section #dja7;b7 of the ,ethics in ,government ,act of #aigh 7#e ,u4,s4,c4 ,app47 is amended-- 7#a7 by inserting after the first sentence the following3 ,the ,director shall be subject to removal only for inefficiency1 neglect of duty1 or malfeasance in office42 and 7#b7 by adding at the end the following3 ,the ,director may continue to serve beyond the expiration of the term until a successor is appointed and has qualified1 except that the ,director may not continue to serve for more than #a year after the date on which the term would otherwise expire under this subsection44 #c4 ,duties of ,director of the ,office of ,government ,ethics 7a7 ,duties generally 7#a7 ,in general ,section #djb7;b7 of the ,ethics in ,government ,act of #aigh 7#e ,u4,s4,c4 ,app47 is amended-- 7,a7 in paragraph 7#a7-- 7i7 by striking developing1 in consultation with the ,attorney ,general and the ,office of ,personnel ,management1 and inserting 7,a7 developing2 7ii7 by striking title ,,ii and inserting title ,i2 7iii7 by adding and after the semicolon2 and 7iv7 by adding at the end the following3 7,b7 before promulgating rules or regulations under subparagraph 7,a71 consulting with the ,attorney ,general2 2 7,b7 by striking paragraph 7#b7 and inserting the following3 7#b7 providing mandatory education and training programs for agency ethics counselors and other responsible officials1 which may be delegated to each agency or the ,counsel to the ,president1 as determined appropriate by the ,director2 2 7,c7 by redesignating paragraph 7#ad7 as paragraph 7#c7 and transferring such paragraph1 as so redesignated1 to after paragraph 7#b72 7,d7 by redesignating paragraph 7#c7 7relating to monitoring and investigating compliance7 and paragraphs 7#d7 through 7#ac7 as paragraphs 7#d7 through 7#ad71 respectively2 7,e7 in paragraph 7#c71 as redesignated and transferred by subparagraph 7,c7 of this paragraph1 by striking and at the end2 7,f7 in paragraph 7#d71 as so redesignated1 by striking title ,,ii and inserting title ,i2 7,g7 in paragraph 7#e71 as so redesignated-- 7i7 by striking violations of applicable conflict of interest laws or regulations and inserting conflicts of interest or other ethics issues2 7ii7 by striking recommending and inserting directing2 and 7iii7 by striking ethical problems and inserting ethics issues2 7,h7 in paragraph 7#g71 as so redesignated1 by striking ethical problems and inserting ethics issues2 7,i7 in paragraph 7#h71 as so redesignated-- 7i7 by striking 1 when requested12 and 7ii7 by striking conflict of interest problems and inserting conflicts of interest and other ethics issues2 7,j7 in paragraph 7#aj71 as so redesignated1 by inserting 1 except that the ,director may not order the ,president to take corrective action before the semicolon2 7,k7 in paragraph 7#ab71 as so redesignated1 by striking conflict of interest laws and inserting laws1 rules1 and regulations relating to conflicts of interest and other ethics issues2 7,l7 in paragraph 7#ac71 as so redesignated-- 7i7 by striking evaluating and inserting promulgating2 7ii7 by striking the need for2 and 7iii7 by striking conflict of interest and ethical problems and inserting conflicts of interest and other ethics issues2 7,m7 in paragraph 7#ad71 as so redesignated-- 7i7 by striking violations of the conflict of interest laws and inserting conflicts of interest and other ethics issues2 and 7ii7 by striking 1 as required by section #ece of title #bh1 ,united ,states ,code2 7,n7 in paragraph 7#ae7-- 7i7 by striking title ,,ii and inserting title ,i2 and 7ii7 by striking the period at the end and inserting a semicolon2 and 7,o7 by adding at the end the following3 7#af7 determining whether employees of an agency have violated this ,act and issuing appropriate administrative penalties2 7#ag7 directing and providing final approval1 when determined appropriate by the ,director1 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 cases2 and 7#ah7 reviewing and1 when determined appropriate by the ,director1 approving any recusals because of1 exemptions from1 or waivers of the laws1 rules1 and regulations relating to conflicts of interest and other ethics issues and making approved recusals1 exemptions1 and waivers publicly available4 4 7#b7 ,technical and conforming amendments 7,a7 ,section #djb7;e7 of the ,ethics in ,government ,act of #aigh 7#e ,u4,s4,c4 ,app47 is amended1 in the matter preceding paragraph 7#a71 by striking subsection 7b77#aj7 and inserting subsection 7b77#aa74 7,b7 ,section #djb7;f7 of the ,ethics in ,government ,act of #aigh 7#e ,u4,s4,c4 ,app47 is amended by striking subsection 7b77#i7 each place it appears and inserting subsection 7b77#aj74 7b7 ,written procedures ,section #djb7;d77#a7 of the ,ethics in ,government ,act of #aigh 7#e ,u4,s4,c4 ,app47 is amended-- 7#a7 by striking 1 by the exercise of any authority otherwise available to the ,director under this title12 and 7#b7 by striking the agency is4 7c7 ,corrective action ,section #djb7;f7 of the ,ethics in ,government ,act of #aigh 7#e ,u4,s4,c4 ,app47 is amended-- 7#a7 in paragraph 7#a7-- 7,a7 in subparagraph 7,a7-- 7i7 in clause 7i7-- 7,i7 by inserting 7or1 with respect to the ,president1 recommend7 after order the first place it appears2 and 7,,ii7 by striking of such agency2 and 7ii7 in clause 7ii71 by inserting 7or1 with respect to the ,president1 recommend7 after order2 and 7,b7 in subparagraph 7,b71 by striking notify the ,president and all that follows through may provide7 and inserting determine that a violation of this ,act has occurred and 7except with respect to the ,president7 issue appropriate administrative or legal remedies as prescribed in paragraph 7#b72 7#b7 in paragraph 7#b7-- 7,a7 in subparagraph 7,a7-- 7i7 in clause 7ii77,,ii7-- 7,i7 by striking shall notify the ,president in writing2 7,,ii7 by striking such action2 and inserting such action--2 and 7,,iii7 by adding at the end the following3 7aa7 shall notify the ,president in writing2 and 7bb7 may conduct a formal investigation and hearing in accordance to the procedures described in subparagraph 7,b72 and 2 7ii7 in clause 7iii7-- 7,i7 in the matter preceding subclause 7,i71 by inserting or has violated after is violating2 and 7,,ii7 by striking subclause 7,,ii7 and inserting the following3 7,,ii7 shall1 if the officer or employee has not complied with the order under subclause 7,i7 within a reasonable period of time-- 7aa7 if the officer or employee is the head of an agency1 notify the ,president and ,congress of the officer's or employee's noncompliance2 and 7bb7 in the case of any other officer or employee1 order1 in writing1 that the head of the officer's or employee's agency take appropriate disciplinary action1 including reprimand1 suspension1 demotion1 or dismissal against the officer or employee4 2 and 7iii7 by striking clause 7iv72 and 7,b7 in subparagraph 7,b7-- 7i7 in clause 7i7-- 7,i7 by inserting 7,i7 before ,in order to2 7,,ii7 by striking 7iii7 or 7iv72 and 7,,iii7 by adding at the end the following3 7,,ii7 7aa7 ,in conducting an investigation1 the ,director may require by subpoena-- 7,,aa7 the production of information1 documents1 reports1 answers1 records1 accounts1 papers1 and other data in any medium and other documentary evidence2 and 7,,bb7 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 ,states1 to give full and true answers to written interrogatories and cross-interrogatories as may be submitted with the application1 or to be orally examined or cross-examined on the subject of the claim4 7bb7 ,in the case of a refusal to obey a subpoena of the ,director under item 7aa71 the subpoena may be enforced by order of any appropriate ,united ,states district court4 7cc7 ,the ,director may secure directly from any agency information necessary to enable the ,director to carry out this ,act4 ,upon request of the ,director1 the head of such agency 7except in the case of the ,president7 shall furnish that information to the ,director4 2 7ii7 in clause 7ii77,i7-- 7,i7 by striking ,subject to clause 7iv7 of this subparagraph1 before and inserting ,before2 and 7,,ii7 by striking subparagraphs 7,a7 7iii7 or 7iv7 and inserting subparagraph 7,a77iii72 7iii7 in clause 7iii71 by striking ,subject to clause 7iv7 of this subparagraph1 before and inserting ,before2 and 7iv7 in clause 7iv7-- 7,i7 by striking title #b and inserting title ,i2 and 7,,ii7 by striking section #bjf and inserting section #ajd2 7#c7 in paragraph 7#d71 by striking 7iv712 and 7#d7 by striking paragraph 7#e7 and inserting the following3 7#e7 7,a7 ,the ,office of ,government ,ethics shall be the central repository1 by maintaining data or referencing data by internet link that is maintained by agencies or otherwise made publicly available1 of all laws1 rules and regulations relating to conflicts of interest and other ethics issues1 recusals1 waivers1 and exemptions of such laws1 rules1 and regulations1 ethics advisory opinions1 ethics agreements of senior executive branch personnel and employee certificates of divestiture1 financial disclosure reports as required under title ,i of this ,act1 compliance reviews1 enforcement actions1 and any other public records concerning conflicts of interest and other ethics issues for the executive branch required by law4 7,b7 ,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-- 7i7 7,i7 by a link to such information if publicly available on a website other than the website of the ,office of ,government ,ethics2 or 7,,ii7 at no charge on the website of the ,office of ,government ,ethics in a searchable1 sortable1 and downloadable format2 and 7ii7 subject to a reasonable fee1 for reproduction of paper documents at the ,office of ,government ,ethics4 4 7d7 ,definitions ,title ,,iv of the ,ethics in ,government ,act of #aigh 7#e ,u4,s4,c4 ,app47 is amended by adding at the end the following3 #dji4 ,definitions ,for purposes of this title-- 7#a7 the term agency includes the ,executive ,office of the ,president2 7#b7 the term officer or employee includes any individual occupying a position1 providing any official services1 or acting in an advisory capacity in the ,white ,house or the ,executive ,office of the ,president1 regardless of whether the individual receives pay2 and 7#c7 the term head of an agency includes the ,president or a designee of the ,president1 for purposes of applying this title to the ,white ,house and the ,executive ,office of the ,president4 4 7e7 ,submission of information and views ,section #djb of the ,ethics in ,government ,act of #aigh 7#e ,u4,s4,c4 ,app47 is amended by adding at the end the following3 7g7 7#a7 ,upon request by any committee or subcommittee of ,congress1 the ,director shall provide to ,congress1 by report1 testimony1 or otherwise1 information and the views of the ,director on functions1 responsibilities1 or other matters relating to the ,office of ,government ,ethics4 7#b7 ,the ,director shall not be required to obtain the prior approval1 comment1 or review of any officer or agency of the ,united ,states1 including the ,office of ,management and ,budget1 before submitting to ,congress1 or any committee or subcommittee thereof1 any information1 reports1 recommendations1 testimony1 or comments1 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 ,president4 7#c7 ,information and views provided to ,congress under paragraph 7#a7 shall be transmitted concurrently to the ,president and any other appropriate executive agency4 4 #d4 ,agency ,ethics ,officials ,training and ,duties ,section #djc of the ,ethics in ,government ,act of #aigh 7#e ,u4,s4,c4 ,app7 is amended by adding at the end the following3 7c7 7#a7 ,all designated agency ethics officials and alternate designated agency ethics officials shall register with1 and report to1 the ,director and with the appointing authority of the official4 7#b7 ,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 ,director4 7#c7 ,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 ,director4 4