Ethics / Open Government / Balance of Power / Whistleblowers / Responsive Government / COVID Pandemic
Ethics
5 have been implemented
Recommendations for Executive Branch Action
Issue an ethics executive order that incorporates best practices from previous administrations’ ethics orders, including a strong ethics pledge.
Status: Biden included this recommendation in his Executive Order on Ethics Commitments on Day One of his administration.
Ban officials from accepting a “golden parachute” from their former employers.
Status: Biden included this recommendation in his Executive Order on Ethics Commitments on his first day in office.
Ensure that the ethics pledge for Biden’s appointees include a revolving door prohibition, banning former appointees from lobbying anyone in the administration on behalf of a paying client for two years after leaving public service.
Status: Biden included this recommendation in his Executive Order on Ethics Commitments on Day One of his administration.
Require all senior executive branch officials to sign an ethics pledge under oath that addresses both the conflicts of interest of the “reverse revolving door” upon entering and leaving government.
Status: Biden included this recommendation in his Executive Order on Ethics Commitments on his first day in office.
Grant revolving door restriction waivers, if it can be reasonably demonstrated that the incoming official’s service is necessary to the operation of the government.
Status: Biden included this recommendation in his Executive Order on Ethics Commitments on Day One of his administration.
Make ethics information accessible and transparent. The next administration should make it easier for the public to confirm officials are following ethics laws.
Status: The Biden administration has shared a table of ethics waivers and authorizations granted to White House and Office of the Vice President employees since January 20, 2021. The table will be updated when new waivers and authorizations are issued.
Prohibit stock trading activity by senior government officials and lawmakers, except for widely-held mutual funds. Require officials who continue to hold individual stocks while in office to place them into a genuine blind trust, run by an independent trustee with no family or business ties to the official, and in which the trustee does not inform the official of purchases and sales.
Status: The Federal Reserve announced it will ban top officials from buying individual stocks and bonds as well as limit active trading in the aftermath of a trading scandal .
Open Government
0 have been implemented
Recommendations for Executive Branch Action
Resume the release of White House visitor logs.
Status: Partially adopted. The White House has promised to release visitor logs once visits are safe again due to the COVID-19 pandemic but has not committed to the release of virtual visitor logs which are just as critical to protecting the public’s right to meaningful disclosures about the individuals and organizations influencing the executive branch.
Modernize access to Alien Files outside of FOIA.
Status: Partially adopted. Congresswoman Linda Sanchez introduced legislation to provide an earned path to citizenship, address the root causes of migration, responsibly manage the southern border, and reform the immigrant visa system.
Direct the attorney general to issue a Memorandum on Freedom of Information Act Implementation.
Status: Partially adopted. New Attorney General Merrick Garland committed to generous application of FOIA.
Status: Partially adopted. The White House announced an anti-corruption initiative. Its objectives include financial transparency and beneficial ownership transparency.
Status: Partially adopted. The Committee on Appropriations asked the Attorney General to direct Office of Legal Counsel to publish publicly all legal opinions, except in instances where the release would cause a specific identifiable harm to national defense or foreign policy interests.
Balance of Power
2 have been implemented
Recommendations for Executive Branch Action
Conduct a review of ongoing national emergencies.
Status: Biden retracted the declaration of the border wall construction as a national emergency.
Prohibit officials from interfering with federal law enforcement matters, ensuring the independence of Department of Justice investigative and prosecutorial decisions.
Status: Biden included this recommendation in his Executive Order on Ethics Commitments on his first day in office.
Recommendations for Legislative Branch Action
Establish new Authorizations for Use of Military Force requirements. The president should press for updated AUMF requirements that would specify the 2001 AUMF sunsets automatically within one year of enactment and that subsequent AUMF specify the individual groups or nations against which Congress is authorizing use of force.
Status: Senate Foreign Relations Committee Chairman Bob Menendez (D-N.J.), joined by Senators Tim Kaine (D-Va.) and Todd Young (R-Ind.), announced the Committee will takeup bipartisan legislation to repeal the 1991 and 2002 Iraq AUMFs.
Whistleblowers
0 have been implemented
Recommendations for Executive Branch Action
Nominate qualified individuals to lead the Merit Systems Protection Board that adjudicates federal workers’ claims.
Status: Biden announced a long-awaited nomination of Cathy Harris as Chair of The Merit Systems Protection Board. Her nomination is an important first step in reigniting the MSPB and addressing its backlog.
Responsive Government
Recommendations for Executive Branch Action
Rescind Executive Orders Undermining Important Public Protections.
Status: The Biden administration has revoked several of the executive orders outlined in Accountability 2021 to ensure that regulatory actions are made in the public interest.
Delay implementation of rules not yet in effect.
Status: The administration ordered a freeze on any rules not yet finalized, and asked agencies to consider delaying implementation of finalized rules for 60 days.
Rebalance the regulatory process to advance health, safety, justice, democracy, and equity values.
Status: The administration’s regulatory review embodies the recommendation to give careful consideration to the non-monetary benefits of regulation.
Pandemic Response & Preparedness
6 have been implemented
Recommendations for Executive Branch Action
Status: The Biden administration has committed to being transparent about the pandemic.
Status: Biden announced steps to increase vaccine supply and increase transparency for States, Tribes, and Territories.
Status: Partially adopted. Biden announced an executive order to ensure an equitable pandemic response and recovery and creation of the COVID-19 Health Equity Task Force.
Status: Partially adopted. Biden rejoined the World Health Organization, announced intent to join the COVID-19 Vaccines Global Access (COVAX) Facility, issued a National Security Directive to strengthen international COVID-19 Response and to advance global health security and biological preparedness, and pledged to support the Global Health Security Agenda.
Status: Biden issued a Memorandum on Restoring Trust in Government Through Scientific Integrity and Evidence-Based Policymaking.
Improve preparedness to protect vulnerable populations.
Status: Partially adopted. The White House announced increased transparency for States, Tribes, and Territories to help their vaccination efforts.
Status: Biden’s Memorandum on Restoring Trust in Government Through Scientific Integrity and Evidence-Based Policymaking includes review of Scientific Advisory Committees and prevention of conflicts of interest. He also issued an executive order on the revocation of certain executive orders concerning federal regulation, including 13875.
Address differing needs of communities affected by the coronavirus pandemic.
Status: Biden signed executive orders asking the Treasury to deliver relief to those who haven’t received financial assistance, tailoring pandemic response and recovery to be based on community needs, underserved population, and created COVID-19 health equity taskforce.
Status: Partially adopted. Biden signed an executive order ensuring data-driven response to COVID-19 and future high-consequence public health threats, directed the Director of OMB to issue guidance on collecting and publishing data.
Direct agencies to transparently manage coronavirus-related data.
Status: Biden signed an executive order ensuring data-driven response to COVID-19 and future high-consequence public health threats. It also directed the Director of OMB to issue guidance on collecting and publishing data, and for senior officials at agencies to publish public COVID-19 data.
Status: Partially adopted: Biden signed an executive order on a Sustainable Public Health Supply Chain and use of DPA to fill supply shortfalls after review.