HR 984 IHCommentsClose CommentsPermalink

To provide for reform in the operations of the executive branch.CommentsClose CommentsPermalink

February 12, 2007

Mr. WAXMAN (for himself and Mr. TOM DAVIS of Virginia) introduced the following bill; which was referred to the Committee on Oversight and Government ReformCommentsClose CommentsPermalink

To provide for reform in the operations of the executive branch.CommentsClose CommentsPermalink

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,CommentsClose CommentsPermalink

SECTION 1. SHORT TITLE.

This Act may be cited as the `Executive Branch Reform Act of 2007'.CommentsClose CommentsPermalink

SEC. 2. REQUIREMENTS RELATING TO SIGNIFICANT CONTACTS.

(a) In General- The Ethics in Government Act of 1978 (5 U.S.C. App. 4) is amended by adding at the end the following new title:CommentsClose CommentsPermalink

`TITLE VI--EXECUTIVE BRANCH DISCLOSURE OF SIGNIFICANT CONTACTS

`SEC. 601. RECORDING AND REPORTING BY CERTAIN EXECUTIVE BRANCH OFFICIALS OF SIGNIFICANT CONTACTS MADE TO THOSE OFFICIALS.

`(a) In General- Not later than 30 days after the end of a calendar quarter, each covered executive branch official shall make a record of, and file with the Office of Government Ethics a report on, any significant contacts during the quarter between the covered executive branch official and any private party relating to an official government action. If no such contacts occurred, each such official shall make a record of, and file with the Office a report on, this fact, at the same time.CommentsClose CommentsPermalink





`(b) Contents of Record and Report- Each record made, and each report filed, under subsection (a) shall contain--CommentsClose CommentsPermalink





`(1) the name of the covered executive branch official;CommentsClose CommentsPermalink





`(2) the name of each private party who had a significant contact with that official; andCommentsClose CommentsPermalink





`(3) for each private party so named, a summary of the nature of the contact, including--CommentsClose CommentsPermalink





`(A) the date of the contact;CommentsClose CommentsPermalink





`(B) the subject matter of the contact and the specific executive branch action to which the contact relates; andCommentsClose CommentsPermalink





`(C) if the contact was made on behalf of a client, the name of the client.CommentsClose CommentsPermalink





`(c) Withholding FOIA-Exempt Information- This section does not require the filing with the Office of Government Ethics of information that is exempt from public disclosure under section 552(b) of title 5, United States Code (popularly referred to at the `Freedom of Information Act').CommentsClose CommentsPermalink

`SEC. 602. AUTHORITIES AND RESPONSIBILITIES OF OFFICE OF GOVERNMENT ETHICS.

`(a) In General- The Director of the Office of Government Ethics shall--CommentsClose CommentsPermalink





`(1) promulgate regulations to implement this title, provide guidance and assistance on the recording and reporting requirements of this title, and develop common standards, rules, and procedures for compliance with this title;CommentsClose CommentsPermalink





`(2) review, and, where necessary, verify the accuracy, completeness, and timeliness of reports;CommentsClose CommentsPermalink





`(3) develop filing, coding, and cross-indexing systems to carry out the purpose of this title, including--CommentsClose CommentsPermalink





`(A) a publicly available list of all private parties who made a significant contact; andCommentsClose CommentsPermalink





`(B) computerized systems designed to minimize the burden of filing and maximize public access to reports filed under this title;CommentsClose CommentsPermalink





`(4) make available for public inspection and copying at reasonable times the reports filed under this title;CommentsClose CommentsPermalink





`(5) retain reports for a period of at least 6 years after they are filed;CommentsClose CommentsPermalink





`(6) compile and summarize, with respect to each reporting period, the information contained in reports filed with respect to such period in a clear and complete manner;CommentsClose CommentsPermalink





`(7) notify any covered executive branch official in writing that may be in noncompliance with this title; andCommentsClose CommentsPermalink





`(8) notify the United States Attorney for the District of Columbia that a covered executive branch official may be in noncompliance with this title, if the covered executive branch official has been notified in writing and has failed to provide an appropriate response within 60 days after notice was given under paragraph (7).CommentsClose CommentsPermalink

`SEC. 603. PENALTIES.

`(a) Violation- Whoever violates this title shall be subject to administrative sanctions, up to and including termination of employment.CommentsClose CommentsPermalink





`(b) Deliberate Attempt To Conceal- Whoever deliberately attempts to conceal a significant contact in violation of this title shall upon proof of such deliberate violation by a preponderance of the evidence, be subject to a civil fine of not more than $50,000, depending on the extent and gravity of the violation.CommentsClose CommentsPermalink

`SEC. 604. DEFINITIONS.

`In this title:CommentsClose CommentsPermalink





`(1) COVERED EXECUTIVE BRANCH OFFICIAL- The term `covered executive branch official' means--CommentsClose CommentsPermalink





`(A) any officer or employee serving in a position in level I, II, III, IV, or V of the Executive Schedule, as designated by statute or Executive order;CommentsClose CommentsPermalink





`(B) any member of the uniformed services whose pay grade is at or above O-7 under section 201 of title 37, United States Code;CommentsClose CommentsPermalink





`(C) any officer or employee serving in a position of a confidential, policy-determining, policy-making, or policy-advocating character described in section 7511(b)(2)(B) of title 5, United States Code;CommentsClose CommentsPermalink





`(D) any noncareer appointee, as defined by section 3132(a)(7) of title 5, United States Code; andCommentsClose CommentsPermalink





`(E) any officer or employee serving in a position of a confidential, policy-determining, policy-making, or policy advocating character, or any other individual functioning in the capacity of such an officer or employee, in the Executive Office of the President or the Office of the Vice President, but does not include the President or Vice President or the chief of staff of the President or Vice President.CommentsClose CommentsPermalink





`(2) SIGNIFICANT CONTACT-CommentsClose CommentsPermalink





`(A) IN GENERAL- Except as provided in subparagraph (B), the term `significant contact' means oral or written communication (including electronic communication) that is made by a private party to a covered executive branch official in which such private party seeks to influence official action by any officer or employee of the executive branch of the United States.CommentsClose CommentsPermalink





`(B) EXCEPTION- The term `significant contact' does not include any communication that is an exception to the definition of `lobbying contact'--CommentsClose CommentsPermalink





`(i) under clauses (i) through (vii) or clauses (ix) through (xix) of subparagraph (B) of paragraph (8) of section 3 of the Lobbying Disclosure Act of 1995 (2 U.S.C. 1602(8)(i)-(vii) or (ix)-(xix)); orCommentsClose CommentsPermalink





`(ii) with respect to publically available information only, under clause (viii) of subparagraph (B) of paragraph (8) of section 3 of the Lobbying Disclosure Act of 1995 (2 U.S.C. 1602(8)(viii)).CommentsClose CommentsPermalink





`(3) PRIVATE PARTY- The term `private party' means any person or entity, but does not include a Federal, State, or local government official or a person representing such an official.'.CommentsClose CommentsPermalink





(b) Effective Date-CommentsClose CommentsPermalink





(1) IN GENERAL- Title VI of the Ethics in Government Act of 1978, as added by this section, takes effect 1 year after the date of the enactment of this Act, except as provided in paragraph (2).CommentsClose CommentsPermalink





(2) INITIAL REGULATIONS- The initial regulations required by section 602 of that Act shall be promulgated--CommentsClose CommentsPermalink





(A) in draft form, not later than 270 days after the date of the enactment of this Act; andCommentsClose CommentsPermalink





(B) in final form, not later than 1 year after the date of the enactment of this Act.CommentsClose CommentsPermalink

SEC. 3. REQUIREMENTS RELATING TO STOPPING THE REVOLVING DOOR.

The Ethics in Government Act of 1978 (5 U.S.C. App. 4) is amended by adding at the end the following new title:CommentsClose CommentsPermalink

`TITLE VII--STOPPING THE REVOLVING DOOR

`SEC. 701. TWO-YEAR COOLING-OFF PERIOD FOR PERSONS LEAVING GOVERNMENT SERVICE.

`(a) In General- For a period of two years after the termination of his employment, a covered executive branch official--CommentsClose CommentsPermalink





`(1) shall not engage in any conduct that would be prohibited under subsection (c) of section 207 of title 18, United States Code, if it occurred within one year after the termination of his employment; andCommentsClose CommentsPermalink





`(2) shall not, if his position is described in subsection (d)(1) of section 207 of title 18, United States Code, engage in any conduct that would be prohibited under subsection (d) of section 207 of title 18, United States Code, if it occurred within one year after the termination of his employment.CommentsClose CommentsPermalink





`(b) No Effect on Section 207- This section does not expand, contract, or otherwise affect the application of any waiver or criminal penalties under section 207 of title 18, United States Code.CommentsClose CommentsPermalink

`SEC. 702. PROHIBITION ON NEGOTIATION OF FUTURE EMPLOYMENT.

`(a) Prohibition- A covered executive branch official shall not participate in any official matter in which, to the official's knowledge, a person or organization with whom the official is negotiating or has any arrangement concerning prospective employment has a financial interest, unless a waiver has been granted under subsection (b).CommentsClose CommentsPermalink





`(b) Waivers Only When Exceptional Circumstances Exist- A waiver to subsection (a) is not available, and shall not be granted, to any individual except in a case which the Government official responsible for the individual's appointment as a covered executive branch official determines that exceptional circumstances exist. Whenever such a determination is made, the Director of the Office of Government Ethics shall review the circumstances relating to the determination, and the waiver shall not take effect until the date on which the Director certifies in writing that exceptional circumstances exist.CommentsClose CommentsPermalink

`SEC. 703. COOLING-OFF PERIOD FOR CERTAIN PERSONS ENTERING GOVERNMENT SERVICE.

`(a) In General- A covered executive branch official shall not participate in any particular matter involving specific parties that would affect the financial interests of a covered entity.CommentsClose CommentsPermalink





`(b) Waiver- An agency's designated ethics officer may waive the prohibition in subsection (a) with respect to a covered executive branch official of that agency upon a determination that the relationship between the covered executive branch official and the covered entity is not so substantial as to be deemed likely to affect the integrity of the services that the Government may expect from the official. Whenever such a determination is made, the Director of the Office of Government Ethics shall review the circumstances relating to the determination, and the waiver shall not take effect until the date on which the Director approves the determination in writing.CommentsClose CommentsPermalink





`(c) Definition- In this section, the term `covered entity' means an entity--CommentsClose CommentsPermalink





`(1) in which the official, within the previous 2 years, served as an officer, director, trustee, general partner, or employee; orCommentsClose CommentsPermalink





`(2) for which the official, within the previous 2 years, worked as a lobbyist, lawyer, or other representative.CommentsClose CommentsPermalink





`(d) No Effect on Section 208- This section does not expand, contract, or otherwise affect the application of any criminal penalties under section 208 of title 18, United States Code.CommentsClose CommentsPermalink

`SEC. 704. PENALTIES.

`Whoever violates section 701, 702, or 703 of this title shall, upon proof of such knowing violation by a preponderance of the evidence, be subject to a civil fine of not more than $100,000, depending on the extent and gravity of the violation.CommentsClose CommentsPermalink

`SEC. 705. DEFINITION.

`In this title, the term `covered executive branch official' means--CommentsClose CommentsPermalink





`(1) any officer or employee serving in a position in level I, II, III, IV, or V of the Executive Schedule, as designated by statute or Executive order;CommentsClose CommentsPermalink





`(2) any member of the uniformed services whose pay grade is at or above O-7 under section 201 of title 37, United States Code;CommentsClose CommentsPermalink





`(3) any officer or employee serving in a position of a confidential, policy-determining, policy-making, or policy-advocating character described in section 7511(b)(2)(B) of title 5, United States Code;CommentsClose CommentsPermalink





`(4) any noncareer appointee, as defined by section 3132(a)(7) of title 5, United States Code;CommentsClose CommentsPermalink





`(5) any officer or employee serving in a position of a confidential, policy-determining, policy-making, or policy advocating character, or any other individual functioning in the capacity of such an officer or employee, in the Executive Office of the President or the Office of the Vice President; andCommentsClose CommentsPermalink





`(6) the Vice President.'.CommentsClose CommentsPermalink

SEC. 4. ADDITIONAL PROVISIONS RELATING TO PROCUREMENT OFFICIALS.

(a) Elimination of Loopholes That Allow Former Federal Officials To Accept Compensation From Contractors or Related Entities- Section 27(d) of the Office of Federal Procurement Policy Act (41 U.S.C. 423(d)) is amended--CommentsClose CommentsPermalink





(1) in paragraph (1)--CommentsClose CommentsPermalink





(A) by striking `or consultant' and inserting `consultant, lawyer, or lobbyist';CommentsClose CommentsPermalink





(B) by striking `one year' and inserting `two years'; andCommentsClose CommentsPermalink





(C) in subparagraph (C), by striking `personally made for the Federal agency--' and inserting `participated personally and substantially in--'; andCommentsClose CommentsPermalink





(2) by amending paragraph (2) to read as follows:CommentsClose CommentsPermalink





`(2) Paragraph (1) shall not prohibit a former official of a Federal agency from accepting compensation from any division or affiliate of a contractor that does not produce the same or similar products or services as the entity of the contractor that is responsible for the contract referred to in subparagraph (A), (B), or (C) of such paragraph if the agency's designated ethics officer determines that--CommentsClose CommentsPermalink





`(A) the offer of compensation is not a reward for any action described in paragraph (1); andCommentsClose CommentsPermalink





`(B) acceptance of the compensation is appropriate and will not affect the integrity of the procurement process.'.CommentsClose CommentsPermalink





(b) Requirement for Federal Procurement Officers To Disclose Job Offers Made on Behalf of Relatives- Section 27(c)(1) of such Act (41 U.S.C. 423(c)(1)) is amended by inserting after `that official' the following: `or for a relative of that official (as defined in section 3110 of title 5, United States Code),'.CommentsClose CommentsPermalink





(c) Requirement on Award of Government Contracts to Former Employers- Section 27 of such Act (41 U.S.C. 423) is amended by adding at the end the following new subsection:CommentsClose CommentsPermalink





`(i) Prohibition on Involvement by Certain Former Contractor Employees in Procurements- An employee of the Federal Government who is a former employee of a contractor with the Federal Government shall not be personally and substantially involved with any award of a contract to the employee's former employer, or the administration of such a contract, for the two-year period beginning on the date on which the employee leaves the employment of the contractor.'.CommentsClose CommentsPermalink





(d) Regulations- Section 27 of such Act (41 U.S.C. 423) is further amended by adding at the end of the following new subsection:CommentsClose CommentsPermalink





`(j) Regulations- The Administrator, in consultation with the Director of the Office of Government Ethics, shall--CommentsClose CommentsPermalink





`(1) promulgate regulations to carry out and ensure the enforcement of this section; andCommentsClose CommentsPermalink





`(2) monitor and investigate individual and agency compliance with this section.'.CommentsClose CommentsPermalink

SEC. 5. PROHIBITION ON UNAUTHORIZED EXPENDITURE OF FUNDS FOR PUBLICITY OR PROPAGANDA PURPOSES.

(a) Prohibition- Chapter 13 of title 31, United States Code, is amended by adding at the end the following new section:CommentsClose CommentsPermalink

`Sec. 1355. Prohibition on unauthorized expenditure of funds for publicity or propaganda purposes

`An officer or employee of the United States Government may not make or authorize an expenditure or obligation of funds for publicity or propaganda purposes within the United States unless authorized by law.'.CommentsClose CommentsPermalink





(b) Clerical Amendment- The table of sections for chapter 13 of such title is amended by adding at the end the following new item:CommentsClose CommentsPermalink





`1355. Prohibition on unauthorized expenditure of funds for publicity or propaganda purposes.'.CommentsClose CommentsPermalink

SEC. 6. REQUIREMENT FOR DISCLOSURE OF FEDERAL SPONSORSHIP OF ALL FEDERAL ADVERTISING OR OTHER COMMUNICATION MATERIALS.

(a) Requirement- Each advertisement or other communication paid for by an Executive agency, either directly or through a contract awarded by the Executive agency, shall include a prominent notice informing the target audience that the advertisement or other communication is paid for by that Executive agency.CommentsClose CommentsPermalink





(b) Advertisement or Other Communication- In this section, the term `advertisement or other communication' includes--CommentsClose CommentsPermalink





(1) an advertisement disseminated in any form, including print or by any electronic means; andCommentsClose CommentsPermalink





(2) a communication by an individual in any form, including speech, print, or by any electronic means.CommentsClose CommentsPermalink





(c) Executive Agency- In this section, the term `Executive agency' has the meaning provided in section 105 of title 5, United States Code.CommentsClose CommentsPermalink

SEC. 7. ELIMINATION OF `PSEUDO' CLASSIFICATION.

(a) Reports on the Proliferating Use of `Pseudo' Classification Designations-CommentsClose CommentsPermalink





(1) REPORT BY FEDERAL AGENCIES- Not later than six months after the date of the enactment of this Act, each federal agency shall submit to the Archivist of the United States and the congressional committees described in subsection (d) a report describing the use of `pseudo' classification designations.CommentsClose CommentsPermalink





(2) MATTERS COVERED- Each such agency shall report on, at a minimum, the following:CommentsClose CommentsPermalink





(A) The number of `pseudo' classification designation policies used by the agency.CommentsClose CommentsPermalink





(B) Any existing guidance, instruction, directive, or regulations regarding the agency's use of `pseudo' classification designations.CommentsClose CommentsPermalink





(C) The number and level of experience and training of Federal agency, office, and contractor personnel authorized to make `pseudo' classification designations.CommentsClose CommentsPermalink





(D) The cost of placing and maintaining information under each `pseudo' classification designation.CommentsClose CommentsPermalink





(E) The extent to which information placed under `pseudo' classification designations has subsequently been released under section 552 of title 5, United States Code (popularly known as the Freedom of Information Act).CommentsClose CommentsPermalink





(F) The extent to which `pseudo' classification designations have been used to withhold from the public information that is not authorized to be withheld by Federal statute, or by an Executive order relating to the classification of national security information.CommentsClose CommentsPermalink





(G) The statutory provisions described in subsection (c).CommentsClose CommentsPermalink





(3) REPORT BY THE ARCHIVIST OF THE UNITED STATES- Not later than 9 months after the date of the enactment of this Act, the Archivist of the United States shall issue to the congressional committees described in subsection (d) a report on the use of `pseudo' classification designations across the executive branch that is based on the information provided by agencies, as well as input from the Director of National Intelligence, Federal agencies, offices, and contractors. All federal agencies, offices, and contractors shall cooperate fully and promptly with all requests by the Archivist in the fulfillment of this paragraph.CommentsClose CommentsPermalink





(4) NOTICE AND COMMENT- The Archivist shall provide notice and an opportunity for public comment on the report.CommentsClose CommentsPermalink





(b) Elimination of `Pseudo' Classification Designations-CommentsClose CommentsPermalink





(1) REGULATIONS- Not later than 15 months after the date of the enactment of this Act, the Archivist of the United States shall promulgate regulations banning the use of `pseudo' classification designations.CommentsClose CommentsPermalink





(2) STANDARDS FOR INFORMATION CONTROL DESIGNATIONS- If the Archivist determines that there is a need for some agencies to use information control designations to safeguard information prior to review for disclosure, beyond those designations established by statute or by an Executive Order relating to the classification of national security information, the regulations under paragraph (1) shall establish standards for the use of those designations by agencies. Such standards shall address, at a minimum, the following issues:CommentsClose CommentsPermalink





(A) Standards for utilizing the information control designations in a manner that is narrowly tailored to maximize public access to information.CommentsClose CommentsPermalink





(B) Procedures for providing specified Federal officials with authority to utilize the information control designations, including training and certification requirements.CommentsClose CommentsPermalink





(C) Categories of information that may be assigned the information control designations.CommentsClose CommentsPermalink





(D) The duration of the information control designations and the process by which they will be removed.CommentsClose CommentsPermalink





(E) Procedures for identifying, marking, dating, and tracking information assigned the information control designations, including the identity of officials making the designations.CommentsClose CommentsPermalink





(F) Specific limitations and prohibitions against using the information control designations.CommentsClose CommentsPermalink





(G) Procedures for members of the public to challenge the use of the information control designations.CommentsClose CommentsPermalink





(H) The manner in which the use of the information control designations relates to the procedures of each agency or office under section 552 of title 5, United States Code.CommentsClose CommentsPermalink





(3) REGULATION TO CONSTITUTE SOLE AUTHORITY- A regulation promulgated pursuant to this subsection shall constitute the sole authority by which Federal agencies, offices, or contractors are permitted to control information for the purposes of safeguarding information prior to review for disclosure, other than authority granted by Federal statute or by an Executive order relating to the classification of national security information.CommentsClose CommentsPermalink





(c) Review of Statutory Barriers to Public Access Information-CommentsClose CommentsPermalink





(1) REVIEW OF STATUTES- As part of the report required under subsection (a)(3), the Archivist shall examine existing Federal statutes that allow Federal agencies, offices, or contractors to control, protect, or otherwise withhold information based on security concerns.CommentsClose CommentsPermalink





(2) RECOMMENDATIONS- The report shall make recommendations on potential changes to the Federal statutes examined under paragraph (1) that would improve public access to information governed by such statutes.CommentsClose CommentsPermalink





(d) Definitions- In this section:CommentsClose CommentsPermalink





(1) The term `congressional committees' means the Committees on Government Reform, Judiciary, Homeland Security, and Appropriations of the House of Representatives and the Committees on Homeland Security and Governmental Affairs, Judiciary, and Appropriations of the Senate.CommentsClose CommentsPermalink





(2) The term `pseudo' classification designations' means information control designations, including `sensitive but unclassified' and `for official use only', that are not defined by Federal statute, or by an Executive order relating to the classification of national security information, but that are used to manage, direct, or route Government information, or control the accessibility of Government information, regardless of its form or format.CommentsClose CommentsPermalink