[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 2270 Reported in Senate (RS)]
<DOC>
Calendar No. 706
118th CONGRESS
2d Session
S. 2270
[Report No. 118-300]
To establish and maintain a database within each agency for executive
branch ethics records of noncareer appointees.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
July 12, 2023
Mr. Grassley (for himself, Mr. Peters, Mr. Padilla, Mr. Lankford, and
Ms. Hassan) introduced the following bill; which was read twice and
referred to the Committee on Homeland Security and Governmental Affairs
December 17 (legislative day, December 16), 2024
Reported by Mr. Peters, with an amendment
[Strike out all after the enacting clause and insert the part printed
in italic]
_______________________________________________________________________
A BILL
To establish and maintain a database within each agency for executive
branch ethics records of noncareer appointees.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
<DELETED>SECTION 1. SHORT TITLE.</DELETED>
<DELETED> This Act may be cited as the ``Executive Branch
Accountability and Transparency Act of 2023''.</DELETED>
<DELETED>SEC. 2. AGENCY DATABASES FOR PUBLICLY AVAILABLE GOVERNMENT
ETHICS RECORDS.</DELETED>
<DELETED> (a) Definitions.--In this section:</DELETED>
<DELETED> (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, including those components established under title
3, United States Code.</DELETED>
<DELETED> (2) Covered employee.--</DELETED>
<DELETED> (A) Inclusions.--The term ``covered
employee'' includes the following
individuals:</DELETED>
<DELETED> (i) Each individual who is--
</DELETED>
<DELETED> (I) a noncareer employee;
and</DELETED>
<DELETED> (II) is described in
paragraphs (3) through (8) of section
13103(f) of title 5, United States
Code.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (iv) An individual who previously
served in the Federal Government in a capacity
described in clause (i), (ii), or (iii) during
the preceding 10-year period.</DELETED>
<DELETED> (B) Exclusion.--The term ``covered
employee'' excludes any individual described in section
13107(a)(1) of title 5, United States Code.</DELETED>
<DELETED> (3) Covered ethics record.--</DELETED>
<DELETED> (A) Inclusions.--The term ``covered ethics
record''--</DELETED>
<DELETED> (i) with respect to any
individual, means--</DELETED>
<DELETED> (I) each approval granted
pursuant to subsection (b) or
subsection (c) of section 908 of title
37, United States Code; and</DELETED>
<DELETED> (II) each report to
Congress required under section 908(d)
of title 37, United States Code;
and</DELETED>
<DELETED> (ii) with respect to a covered
employee, means--</DELETED>
<DELETED> (I) each public financial
disclosure report filed pursuant to
section 13103 or section 13105(l) of
title 5, United States Code;</DELETED>
<DELETED> (II) each amendment to a
public financial disclosure report
filed pursuant to section 13103 or
section 13105(l) of title 5, United
States Code;</DELETED>
<DELETED> (III) each waiver of--
</DELETED>
<DELETED> (aa) a post-
employment restriction,
pursuant to subsection
(c)(2)(C) or subsection (k) of
section 207 of title 18, United
States Code;</DELETED>
<DELETED> (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;</DELETED>
<DELETED> (cc) the cover
letter regarding a public
financial disclosure
requirement, pursuant to
section 13103(h)(2)(i) of title
5, United States
Code;</DELETED>
<DELETED> (dd) the cover
letter regarding the
requirement to disclose a gift,
pursuant to section
13104(a)(2)(C) of title 5,
United States Code;
and</DELETED>
<DELETED> (ee) a provision
of any regulation of the Office
of Government Ethics,
supplemental agency ethics
regulation, or executive order
pertaining to Government
ethics, or any successor
thereto;</DELETED>
<DELETED> (IV) each written
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;</DELETED>
<DELETED> (V) each written approval
or written 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;</DELETED>
<DELETED> (VI) each written
determination--</DELETED>
<DELETED> (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;</DELETED>
<DELETED> (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</DELETED>
<DELETED> (cc) regarding an
individual that is required to
be 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;</DELETED>
<DELETED> (VII) each written ethics
agreement, recusal, or screening
arrangement pertaining to employment in
the executive branch;</DELETED>
<DELETED> (VIII) each record of the
completion by a presidential appointee
of ethics training required under a
regulation of the Office of Government
Ethics;</DELETED>
<DELETED> (IX) each certificate of
divestiture issued pursuant to section
1043 of the Internal Revenue Code of
1986 and each request that resulted in
the issuance of a certificate of
divestiture;</DELETED>
<DELETED> (X) each qualified blind
trust agreement and each record
described in section 13104(f)(5)(D) of
title 5, United States Code;</DELETED>
<DELETED> (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;</DELETED>
<DELETED> (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 respective agency, the
Office of Government Ethics, or the
Senate;</DELETED>
<DELETED> (XIII) any written opinion
issued pursuant to section 847 of the
National Defense Authorization Act for
Fiscal Year 2008 (Public Law 110-181;
10 U.S.C. 1701 note), 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
compensation;</DELETED>
<DELETED> (XIV) any notification
filed pursuant to section 17 of the
STOCK Act (5 U.S.C. 13103 note), 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
notification;</DELETED>
<DELETED> (XV) each certification
made pursuant to--</DELETED>
<DELETED> (aa) section
203(e) of title 18, United
States Code;</DELETED>
<DELETED> (bb) section
205(f) of title 18, United
States Code; or</DELETED>
<DELETED> (cc) section
207(j)(5) of title 18, United
States Code; and</DELETED>
<DELETED> (XVI) 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
Act.</DELETED>
<DELETED> (B) Exclusions.--The term ``covered ethics
record'' excludes--</DELETED>
<DELETED> (i) classified information, as
defined in section 798 of title 18, United
States Code;</DELETED>
<DELETED> (ii) the subject of any ongoing
law enforcement matter that, in the opinion of
the agency, requires the information or record
to be kept confidential;</DELETED>
<DELETED> (iii) information, including any
confidential financial disclosure report, filed
pursuant to section 13109 of title 5, United
States Code, except that such exclusion shall
not be construed to exclude from inclusion in
any database established under this Act, or to
authorize redaction of, any conflict of
interest waiver issued to the filer of the
confidential financial disclosure report;
or</DELETED>
<DELETED> (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 if such
information or record is a covered record under
subparagraph (A).</DELETED>
<DELETED> (4) Noncareer employee.--The term ``noncareer
employee'' means an individual who is--</DELETED>
<DELETED> (A) 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--</DELETED>
<DELETED> (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</DELETED>
<DELETED> (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);</DELETED>
<DELETED> (B) a noncareer appointee, as that term is
defined in section 3132(a) of title 5, United States
Code;</DELETED>
<DELETED> (C) 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</DELETED>
<DELETED> (D) serving in a position with respect to
which a determination has been made under section
7511(b)(2) of title 5, United States Code.</DELETED>
<DELETED> (b) Specifications of Databases.--Not later than 120 days
after the date of enactment of this Act, the Director of the Office of
Government Ethics shall publish guidance for a searchable, sortable
database created by each agency through which members of the public can
access covered ethics records and that shall each be--</DELETED>
<DELETED> (1) hosted on an official website of each agency
without charge and without a requirement that members of the
public register for access;</DELETED>
<DELETED> (2) accessible through an application programming
interface;</DELETED>
<DELETED> (3) fully compliant with--</DELETED>
<DELETED> (A) section 508 of the Rehabilitation Act
of 1973 (29 U.S.C. 794d); and</DELETED>
<DELETED> (B) the most recent Web Content
Accessibility Guidelines (or any successor guidelines);
and</DELETED>
<DELETED> (4) accessible through the website of each agency
and through a single webpage operated by the Office of
Government Ethics.</DELETED>
<DELETED> (c) Assembly of Covered Ethics Records.--Except as
provided in subsection (f), the head of each agency shall--</DELETED>
<DELETED> (1) not later than 270 days after publication of
guidance under subsection (b), compile electronic copies of
covered ethics records that originated with the agency, 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 (b); and</DELETED>
<DELETED> (2) ensure that the contents of all such records
are machine-readable and compliant with the requirements
published under subsection (b).</DELETED>
<DELETED> (d) Establishment of Databases.--Not later than 1 year
after the date on which the Director of the Office of Government Ethics
publishes the guidance under subsection (b), each agency shall create a
database that complies with all requirements under the guidance
published under subsection (b).</DELETED>
<DELETED> (e) Applicability of Other Inspection Procedures.--
</DELETED>
<DELETED> (1) In general.--Subject to paragraph (2), no
identifier shall be required to search or sort the data
contained in the databases established pursuant to subsection
(d).</DELETED>
<DELETED> (2) 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 (c).</DELETED>
<DELETED> (3) Inspection of reports.--For purposes of this
section, section 13107(b) of title 5, United States Code, shall
not apply to any records compiled pursuant to subsection
(c).</DELETED>
<DELETED> (f) Redactions.--</DELETED>
<DELETED> (1) Contents of reports.--Nothing in this section
shall be construed to permit the redaction of any information
required to be released pursuant to section 13104 of title 5,
United States Code.</DELETED>
<DELETED> (2) Prohibitions.--Covered ethics records may not
be redacted except to the extent necessary to--</DELETED>
<DELETED> (A) ensure the exclusion of information
described in subsection (a)(3)(B);</DELETED>
<DELETED> (B) 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</DELETED>
<DELETED> (C) prevent the release of information,
other than information required to be reported under
section 13104 of title 5, United States Code, that, in
the opinion of the agency, 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.</DELETED>
<DELETED> (g) Records Predating Establishment of the Database.--
</DELETED>
<DELETED> (1) Search for older information.--Not later than
18 months after the publication of guidance under subsection
(b), each 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.</DELETED>
<DELETED> (2) Included information and certification.--Each
search carried out pursuant to paragraph (1) 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
records.</DELETED>
<DELETED> (3) Exclusion from search.--In carrying out this
subsection, each agency shall exclude information described in
subsection (a)(3)(B) from the search carried out pursuant to
paragraph (1).</DELETED>
<DELETED> (4) Report.--Not later than 30 days after the
completion of the search carried out pursuant to paragraph (1),
each designated agency ethics official shall provide the
Director of the Office of Government Ethics with a report that
describes--</DELETED>
<DELETED> (A) the scope of the search and steps
undertaken to identify information;</DELETED>
<DELETED> (B) a copy of the certification required
under paragraph (2);</DELETED>
<DELETED> (C) the best estimate as to the
completeness of the collection of information provided
to the Director of the Office of Government
Ethics;</DELETED>
<DELETED> (D) an identification of any categories of
information known to the agency that the agency was
unable to find; and</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (5) Publication.--The Director of the Office of
Government Ethics shall publish the report under paragraph (4)
on the official website of the Office of Government
Ethics.</DELETED>
<DELETED> (h) Removal of Records.--Notwithstanding any other law
regarding the disposition of records or information, 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 10 years after the date on which the covered ethics record is
first published in the database.</DELETED>
<DELETED> (i) Reports.--</DELETED>
<DELETED> (1) Initial report.--Not later than 30 days after
the establishment of a database under subsection (d), 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 (b).</DELETED>
<DELETED> (2) Annual reports.--Based on the information
collected under subsection (g)(4), and as necessary under
section 2638.207 of title 5, Code of Federal Regulations, 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 (d) and (g).</DELETED>
<DELETED> (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.</DELETED>
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Executive Branch Accountability and
Transparency Act of 2024''.
SEC. 2. AGENCY DATABASES FOR PUBLICLY AVAILABLE GOVERNMENT ETHICS
RECORDS.
(a) 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, including those components established under title
3, United States Code.
(2) Covered employee.--
(A) Inclusions.--The term ``covered employee''
includes the following individuals:
(i) Each individual who is--
(I) a noncareer employee; and
(II) 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 clause (i), (ii), or (iii) during the
preceding 6-year period.
(B) Exclusion.--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--
(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 publicly available
request for a waiver of any
public financial disclosure
requirement made pursuant to
section 13103(i) of title 5,
United States Code; and
(dd) a publicly available
request for a waiver of the
requirement to aggregate a gift
for reporting purposes made
pursuant to section
13104(a)(2)(C) of title 5,
United States Code;
(IV) any written authorization, as
applicable, 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 written approval or
written 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 written 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;
or
(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;
(VII) each written ethics
agreement, recusal, or screening
arrangement pertaining to employment in
the executive branch;
(VIII) each record of the
completion by a presidential appointee
of ethics training required under a
regulation of the Office of Government
Ethics;
(IX) each certificate of
divestiture issued pursuant to section
1043 of the Internal Revenue Code of
1986 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 respective 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 Fiscal
Year 2008 (Public Law 110-181; 10
U.S.C. 1701 note), 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 compensation;
and
(XIV) any notification filed
pursuant to section 17 of the STOCK Act
(5 U.S.C. 13103 note), 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
notification.
(B) Exclusions.--The term ``covered ethics record''
excludes--
(i) classified information, as defined in
section 798 of title 18, United States Code;
(ii) the subject of any ongoing law
enforcement matter that, in the opinion of the
agency, requires the information or record to
be kept confidential;
(iii) information, including any
confidential financial disclosure report, filed
pursuant to section 13109 of title 5, United
States Code, except that such exclusion shall
not be construed to exclude from inclusion in
any database established under this Act, or to
authorize redaction of, any conflict of
interest waiver issued to the filer of the
confidential financial disclosure report; 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 if such
information or record is a covered record under
subparagraph (A).
(4) Director.--The term ``Director'' means the Director of
the Office of Government Ethics.
(5) Noncareer employee.--The term ``noncareer employee''
means an individual who is--
(A) 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);
(B) a noncareer appointee, as that term is defined
in section 3132(a) of title 5, United States Code;
(C) 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
(D) serving in a position with respect to which a
determination has been made under section 7511(b)(2) of
title 5, United States Code.
(b) Specifications of Databases.--Not later than 1 year after the
date of the enactment of this Act, the Director shall publish guidance
for a bulk downloadable database created by each agency through which
members of the public can access covered ethics records and that shall
each be--
(1) hosted on an official website of the applicable agency
without charge and without a requirement that members of the
public register for access;
(2) updated quarterly;
(3) accessible through an application programming
interface;
(4) 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 any successor guidelines); and
(5) accessible through the website of each agency and
through a single webpage operated by the Office of Government
Ethics.
(c) Assembly of Covered Ethics Records.--Except as provided in
subsection (f), not later than 270 days after publication of guidance
under subsection (b), the head of each agency shall compile electronic
copies of covered ethics records that originated with the agency 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 (b).
(d) Establishment of Databases.--Not later than 3 years after the
date on which the Director publishes the guidance under subsection (b),
each agency shall create a database that complies with all requirements
under the guidance published under subsection (b).
(e) Applicability of Other Inspection Procedures.--
(1) In general.--Subject to paragraph (2), no identifier
shall be required to search or sort the data contained in the
databases established pursuant to subsection (d).
(2) Downloading data.--A login protocol that includes the
information required under section 13107(b)(2) of title 5,
United States Code, shall be utilized by any person downloading
data contained in the records compiled pursuant to subsection
(c) of this section.
(3) Inspection of reports.--Except as provided in paragraph
(2), section 13107(b) of title 5, United States Code, shall not
otherwise apply for purposes of this section to any records
compiled pursuant to subsection (c).
(f) Redactions.--
(1) Contents of reports.--Nothing in this section shall be
construed to permit the redaction of any information required
to be released pursuant to section 13104 of title 5, United
States Code.
(2) Prohibitions.--Covered ethics records may not be
redacted except to the extent necessary to--
(A) ensure the exclusion of information described
in subsection (a)(3)(B);
(B) 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
(C) prevent the release of information, other than
information required to be reported under section 13104
of title 5, United States Code, that, in the opinion of
the agency, 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) Removal of Records.--Notwithstanding any other law regarding
the disposition of records or information, 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 6 years after the date
on which the covered ethics record is first published in the database.
(h) Reports.--
(1) Initial report.--Not later than 30 days after the
establishment of a database under subsection (d), the relevant
designated agency ethics official shall submit a report to the
Director 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 (b).
(2) Annual reports.--The Director shall submit a 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 subsection (d). The Director may include in any
such annual report any information contained in any report
submitted to the Office pursuant to section 2638.207 of title
5, Code of Federal Regulations.
(i) 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.
Calendar No. 706
118th CONGRESS
2d Session
S. 2270
[Report No. 118-300]
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A BILL
To establish and maintain a database within each agency for executive
branch ethics records of noncareer appointees.
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December 17 (legislative day, December 16), 2024
Reported with an amendment