,,ii #aahth ,,congress #ast ,session ,s4 #bbgj ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,july #ab1 #bjbc,mr4 ,grassley 7for himself1 ,mr4 ,peters1 ,mr4 ,padilla1 and ,mr4 ,lankford7 introduced the following bill2 which was read twice and referred to the ,committee on ,homeland ,security and ,governmental ,affairs ,a ,,bill ,to establish and maintain a database within each agency for executive branch ethics records of noncareer appointees4 #a4 ,short title ,this ,act may be cited as the ,executive ,branch ,accountability and ,transparency ,act of #bjbc4 #b4 ,agency databases for publicly available government ethics records 7a7 ,definitions ,in this section3 7#a7 ,agency ,the term agency means each ,executive agency1 as defined in section #aje of title #e1 ,united ,states ,code1 and each component of the ,executive ,office of the ,president1 including those components established under title #c1 ,united ,states ,code4 7#b7 ,covered employee 7,a7 ,inclusions ,the term covered employee includes the following individuals3 7i7 ,each individual who is-- 7,i7 a noncareer employee2 and 7,,ii7 is described in paragraphs 7#c7 through 7#h7 of section #acajc7;f7 of title #e1 ,united ,states ,code4 7ii7 ,each individual serving in a position with respect to which a determination has been made under section #geaa7;b77#b7 of title #e1 ,united ,states ,code4 7iii7 ,each special ,government employee1 as defined in section #bjb7;a7 of title #ah1 ,united ,states ,code1 who is employed in the ,executive ,office of the ,president1 other than a special ,government employee serving solely on a ,federal advisory committee or presidential advisory committee4 7iv7 ,an individual who previously served in the ,federal ,government in a capacity described in clause 7i71 7ii71 or 7iii7 during the preceding #aj-year period4 7,b7 ,exclusion ,the term covered employee excludes any individual described in section #acajg7;a77#a7 of title #e1 ,united ,states ,code4 7#c7 ,covered ethics record 7,a7 ,inclusions ,the term covered ethics record-- 7i7 with respect to any individual1 means-- 7,i7 each approval granted pursuant to subsection 7b7 or subsection 7c7 of section #ijh of title #cg1 ,united ,states ,code2 and 7,,ii7 each report to ,congress required under section #ijh7;d7 of title #cg1 ,united ,states ,code2 and 7ii7 with respect to a covered employee1 means-- 7,i7 each public financial disclosure report filed pursuant to section #acajc or section #acaje7l7 of title #e1 ,united ,states ,code2 7,,ii7 each amendment to a public financial disclosure report filed pursuant to section #acajc or section #acaje7l7 of title #e1 ,united ,states ,code2 7,,iii7 each waiver of-- 7aa7 a post-employment restriction1 pursuant to subsection 7c77#b77;,c7 or subsection 7k7 of section #bjg of title #ah1 ,united ,states ,code2 7bb7 section #bjh7;a7 of title #ah1 ,united ,states ,code1 that has been issued pursuant to section #bjh7;b77#a7 of title #ah1 ,united ,states ,code2 7cc7 the cover letter regarding a public financial disclosure requirement1 pursuant to section #acajc7;h77#b77;i7 of title #e1 ,united ,states ,code2 7dd7 the cover letter regarding the requirement to disclose a gift1 pursuant to section #acajd7;a77#b77;,c7 of title #e1 ,united ,states ,code2 and 7ee7 a provision of any regulation of the ,office of ,government ,ethics1 supplemental agency ethics regulation1 or executive order pertaining to ,government ethics1 or any successor thereto2 7,,iv7 each written authorization of an individual to participate in a matter from which recusal would otherwise be required under any provision of law1 regulation1 executive order1 or policy pertaining to ,government ethics and applicable to the individual as an employee of the executive branch2 7,v7 each written approval or written authorization permitting an individual to accept a gift from an outside source that would otherwise be prohibited under section #gcec of title #e1 ,united ,states ,code1 or any other provision of law1 regulation1 executive order1 or policy pertaining to government ethics and applicable to the individual as an employee of the executive branch2 7,,vi7 each written determination-- 7aa7 that a position may be excluded from otherwise applicable public financial disclosure requirements1 pursuant to section #acajc7;f77#e7 of title #e1 ,united ,states ,code2 7bb7 that an employee of the executive branch1 or the spouse or minor child of an employee of the executive branch1 must divest a financial interest2 or 7cc7 regarding an individual that is required to be made pursuant to any other provision of law1 regulation1 executive order1 or policy pertaining to ,government ethics and applicable to the individual as an employee or former employee of the executive branch2 7,,vii7 each written ethics agreement1 recusal1 or screening arrangement pertaining to employment in the executive branch2 7,,viii7 each record of the completion by a presidential appointee of ethics training required under a regulation of the ,office of ,government ,ethics2 7,,ix7 each certificate of divestiture issued pursuant to section #ajdc of the ,internal ,revenue ,code of #aihf and each request that resulted in the issuance of a certificate of divestiture2 7,x7 each qualified blind trust agreement and each record described in section #acajd7;f77#e77;,d7 of title #e1 ,united ,states ,code2 7,,xi7 each record submitted pursuant to section #acajc7;b77#a7 of title #e1 ,united ,states ,code1 for the purpose of making current1 with respect to income and honoraria1 a financial disclosure filed pursuant to that paragraph2 7,,xii7 each notice submitted pursuant to section #acaaa of title #e1 ,united ,states ,code1 and any certification by a ,senate-confirmed presidential appointee as to compliance with an ethics agreement1 whether submitted to the respective agency1 the ,office of ,government ,ethics1 or the ,senate2 7,,xiii7 any written opinion issued pursuant to section #hdg of the ,national ,defense ,authorization ,act for ,fiscal ,year #bjjh 7,public ,law #aaj-aha2 #aj ,u4,s4,c4 #agja note71 except that the agency may redact the name of an individual or organization with whom an individual has not yet accepted an offer of employment or compensation2 7,,xiv7 any notification filed pursuant to section #ag of the ,,stock ,act 7#e ,u4,s4,c4 #acajc note71 except that the agency may withhold the public release of any such notification unless and 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 notification2 7,,xv7 each certification made pursuant to-- 7aa7 section #bjc7;e7 of title #ah1 ,united ,states ,code2 7bb7 section #bje7;f7 of title #ah1 ,united ,states ,code2 or 7cc7 section #bjg7;j77#e7 of title #ah1 ,united ,states ,code2 and 7,,xvi7 any other category of records that the ,director of the ,office of ,government ,ethics determines is appropriate for inclusion in the database of an agency under this ,act4 7,b7 ,exclusions ,the term covered ethics record excludes-- 7i7 classified information1 as defined in section #gih of title #ah1 ,united ,states ,code2 7ii7 the subject of any ongoing law enforcement matter that1 in the opinion of the agency1 requires the information or record to be kept confidential2 7iii7 information1 including any confidential financial disclosure report1 filed pursuant to section #acaji of title #e1 ,united ,states ,code1 except that such exclusion shall not be construed to exclude from inclusion in any database established under this ,act1 or to authorize redaction of1 any conflict of interest waiver issued to the filer of the confidential financial disclosure report2 or 7iv7 individualized ethics counseling or advice concerning an interpretation of applicable legal requirements that has been provided by an ethics official to an individual1 except that such information or record shall not be excluded if such information or record is a covered record under subparagraph 7,a74 7#d7 ,noncareer employee ,the term noncareer employee means an individual who is-- 7,a7 serving in a position to which the ,president appointed the individual 7without regard to whether the advice and consent of the ,senate was required with respect to that appointment71 other than an individual who is-- 7i7 a member of a uniformed service1 as that term is defined in section #baj7m7 of the ,social ,security ,act 7#db ,u4,s4,c4 #daj7m772 or 7ii7 a member of the ,foreign ,service serving under a career appointment1 as described in section #cja of the ,foreign ,service ,act of #aihj 7#bb ,u4,s4,c4 #cida72 7,b7 a noncareer appointee1 as that term is defined in section #cacb7;a7 of title #e1 ,united ,states ,code2 7,c7 serving in a position in a ,federal executive system that is comparable to the ,senior ,executive ,service1 the appointment to which is not made through merit-based procedures1 such as a position in the ,transportation ,security ,executive ,service2 or 7,d7 serving in a position with respect to which a determination has been made under section #geaa7;b77#b7 of title #e1 ,united ,states ,code4 7b7 ,specifications of databases ,not later than #abj days after the date of enactment of this ,act1 the ,director of the ,office of ,government ,ethics shall publish guidance for a searchable1 sortable database created by each agency through which members of the public can access covered ethics records and that shall each be-- 7#a7 hosted on an official website of each agency without charge and without a requirement that members of the public register for access2 7#b7 accessible through an application programming interface2 7#c7 fully compliant with-- 7,a7 section #ejh of the ,rehabilitation ,act of #aigc 7#bi ,u4,s4,c4 #gid;d72 and 7,b7 the most recent ,web ,content ,accessibility ,guidelines 7or any successor guidelines72 and 7#d7 accessible through the website of each agency and through a single webpage operated by the ,office of ,government ,ethics4 7c7 ,assembly of covered ethics records ,except as provided in subsection 7f71 the head of each agency shall-- 7#a7 not later than #bgj days after publication of guidance under subsection 7b71 compile electronic copies of covered ethics records that originated with the agency1 in such format and through such means as is necessary to permit their inclusion in the database of the agency pursuant to the requirements published under subsection 7b72 and 7#b7 ensure that the contents of all such records are machine-readable and compliant with the requirements published under subsection 7b74 7d7 ,establishment of databases ,not later than #a year after the date on which the ,director of the ,office of ,government ,ethics publishes the guidance under subsection 7b71 each agency shall create a database that complies with all requirements under the guidance published under subsection 7b74 7e7 ,applicability of other inspection procedures 7#a7 ,in general ,subject to paragraph 7#b71 no identifier shall be required to search or sort the data contained in the databases established pursuant to subsection 7d74 7#b7 ,downloading data ,a login protocol that includes the name of the user shall be utilized by any person downloading data contained in the records compiled pursuant to subsection 7c74 7#c7 ,inspection of reports ,for purposes of this section1 section #acajg7;b7 of title #e1 ,united ,states ,code1 shall not apply to any records compiled pursuant to subsection 7c74 7f7 ,redactions 7#a7 ,contents of reports ,nothing in this section shall be construed to permit the redaction of any information required to be released pursuant to section #acajd of title #e1 ,united ,states ,code4 7#b7 ,prohibitions ,covered ethics records may not be redacted except to the extent necessary to-- 7,a7 ensure the exclusion of information described in subsection 7a77#c77;,b72 7,b7 prevent the release of trade secrets or commercial information that is privileged or confidential1 unless the disclosure of such information is required pursuant to section #acajd of title #e1 ,united ,states ,code2 or 7,c7 prevent the release of information1 other than information required to be reported under section #acajd of title #e1 ,united ,states ,code1 that1 in the opinion of the agency1 poses an identifiable risk to the safety of an individual1 such as a street address1 the name of a minor1 or a brokerage account number4 7g7 ,records predating establishment of the database 7#a7 ,search for older information ,not later than #ah months after the publication of guidance under subsection 7b71 each agency shall complete a search reasonably calculated to find covered ethics records that were created during the #i-year period preceding the date of enactment of this ,act4 7#b7 ,included information and certification ,each search carried out pursuant to paragraph 7#a7 shall include all materials in the possession of the ethics office of an agency 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 records4 7#c7 ,exclusion from search ,in carrying out this subsection1 each agency shall exclude information described in subsection 7a77#c77;,b7 from the search carried out pursuant to paragraph 7#a74 7#d7 ,report ,not later than #cj days after the completion of the search carried out pursuant to paragraph 7#a71 each designated agency ethics official shall provide the ,director of the ,office of ,government ,ethics with a report that describes-- 7,a7 the scope of the search and steps undertaken to identify information2 7,b7 a copy of the certification required under paragraph 7#b72 7,c7 the best estimate as to the completeness of the collection of information provided to the ,director of the ,office of ,government ,ethics2 7,d7 an identification of any categories of information known to the agency that the agency was unable to find2 and 7,e7 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 records4 7#e7 ,publication ,the ,director of the ,office of ,government ,ethics shall publish the report under paragraph 7#d7 on the official website of the ,office of ,government ,ethics4 7h7 ,removal of records ,notwithstanding any other law regarding the disposition of records or information1 all covered ethics records relating to noncareer employees that are required to be included in the database of an agency pursuant to this section shall remain publicly available through the database for a period of not less than #aj years after the date on which the covered ethics record is first published in the database4 7i7 ,reports 7#a7 ,initial report ,not later than #cj days after the establishment of a database under subsection 7d71 the relevant designated agency ethics official shall provide the ,director of the ,office of ,government ,ethics with a report that certifies the completeness of records in the database of the agency and any information that is known to be incomplete under the guidance published under subsection 7b74 7#b7 ,annual reports ,based on the information collected under subsection 7g77#d71 and as necessary under section #bfch4bjg of title #e1 ,code of ,federal ,regulations1 the ,director of the ,office of ,government ,ethics shall report to the ,committee on ,homeland ,security and ,governmental ,affairs of the ,senate and the ,committee on ,oversight and ,accountability of the ,house of ,representatives regarding compliance with the requirements under this ,act each year until each agency has complied with subsections 7d7 and 7g74 7j7 ,severability ,if any provision of this ,act or the application of such provision to any person or circumstance is held to be unconstitutional1 the remainder of this ,act1 and the application of the remaining provisions of this ,act to any person or circumstance1 shall not be affected4