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I
116TH CONGRESS
1ST SESSION
H. R. 391
To provide transparency regarding waivers granted to individuals from the
ethics requirements of Executive Order 13770 or any subsequent similar
order, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
JANUARY 9, 2019
Mr. LYNCH (for himself and Mr. CUMMINGS) introduced the following bill;
which was referred to the Committee on Oversight and Reform
A BILL
To provide transparency regarding waivers granted to indi-
viduals from the ethics requirements of Executive Order
13770 or any subsequent similar order, and for other
purposes.
Be it enacted by the Senate and House of Representa-
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tives of the United States of America in Congress assembled,
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SECTION 1. SHORT TITLE.
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This Act may be cited as the ‘‘White House Ethics
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Transparency Act of 2019’’.
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•HR 391 IH
SEC. 2. PROCEDURE FOR WAIVERS AND AUTHORIZATIONS
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RELATING TO ETHICS REQUIREMENTS.
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(a) IN GENERAL.—Notwithstanding any other provi-
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sion of law, not later than 30 days after an officer or em-
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ployee issues or approves a waiver or authorization pursu-
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ant to section 3 of Executive Order 13770 (82 Fed. Reg.
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9333), or any subsequent similar order, such officer or
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employee shall—
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(1) transmit a written copy of such waiver or
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authorization to the Director of the Office of Gov-
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ernment Ethics; and
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(2) make a written copy of such waiver or au-
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thorization available to the public on the website of
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the employing agency of the covered employee.
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(b) RETROACTIVE APPLICATION.—In the case of a
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waiver or authorization described in subsection (a) issued
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during the period beginning on January 20, 2017, and
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ending on the date of enactment of this Act, the issuing
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officer or employee of such waiver or authorization shall
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comply with the requirements of paragraphs (1) and (2)
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of such subsection not later than 30 days after the date
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of enactment of this Act.
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(c) OFFICE OF GOVERNMENT ETHICS PUBLIC AVAIL-
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ABILITY.—Not later than 14 days after receiving a written
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copy of a waiver or authorization under subsection (a)(1),
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the Director of the Office of Government Ethics shall
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•HR 391 IH
make such waiver or authorization available to the public
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on the website of the Office of Government Ethics.
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(d) DEFINITION OF COVERED EMPLOYEE.—In this
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section, the term ‘‘covered employee’’—
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(1) means a full-time, non-career Presidential
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or Vice Presidential appointee, non-career appointee
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in the Senior Executive Service (or other SES-type
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system), or an appointee to a position that has been
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excepted from the competitive service by reason of
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being of a confidential or policymaking character
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(Schedule C and other positions excepted under com-
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parable criteria) in an executive agency; and
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(2) does not include any individual appointed as
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a member of the Senior Foreign Service or solely as
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a uniformed service commissioned officer.
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