Requires a person to file a financial disclosure report within 30 days of taking the oath of office of President or Vice President, unless the person is the incumbent in such position.
Revises termination reporting requirements to except from filing a report any individual who, after terminating employment in an executive branch position, takes the oath of office for another executive or legislative branch position.
Requires disclosure of: (1) the source, description, and category of income from any source (other than from current employment by the U.S. Government) aggregating more than $500 in a year, while continuing to require that honoraria received during Government service include, in addition to the source, the exact amount and date it was received; and (2) the source and description of investment income which exceeds $500 in a year. Sets forth five (currently, ten) categories for reporting such amounts.
Requires the reporting of the identity and category of value of: (1) any interest in property held in a year in a trade or business or for investment or the production of income which has a fair market value which exceeds $5,000 (currently, $1,000), or any deposit accounts aggregating $100,000 or less in a financial institution, or any Government securities aggregating $100,000 or less; and (2) total liabilities owed to any creditor other than a spouse, parent, brother, sister, or child which exceed $20,000 in a year (currently, $10,000) and revolving charge accounts with an outstanding liability which exceeds $20,000 (currently $10,000). Requires Presidential nominees confirmed by the Senate to also report the aggregate sum of the outstanding balances of all such accounts if the aggregate sum of those balances exceeds $20,000.
Modifies requirements regarding the reporting of any purchase, sale, or exchange which exceeds $1,000 in real property (other than a personal residence) or stocks, bonds, commodities futures, and other securities to require a brief description of any such property if: (1) purchased, sold, or exchanged; (2) the value of the transaction exceeded $5,000; and (3) the property or security is not already required to be reported as investment income which exceeds $500 or as an asset (any interest in property held in a year in a trade or business or for investment or the production of income) which has a fair market value exceeding $5,000. Repeals the reporting exclusion for any transaction solely by and between the reporting individual, his spouse, or dependent children.
Reduces, with respect to the first report filed by an individual, the looking-back period from two years to one year for reporting the identity of all major positions held in organizations other than the Federal Government. Raises from $5,000 to $25,000 the threshold for the reporting by non-elected individuals of compensation received for personal services in the year prior to or the year in which the individual files a first report. Excepts from inclusion in such report any information about which the person for whom the services are provided has a reasonable expectation of privacy.
Repeals the requirement for reporting the dates of agreements or arrangements between a filer and a prior employer, but requires any formal agreement for future employment to include the date on which that agreement was entered into.
Authorizes the Office of Government Ethics (the Office) to require a reporting period with respect to any individual who is an officer or employee and who performs his or her duties in excess of 60 days in a year to include any period in which the individual served as an officer or employee if such period would not otherwise be covered by any public report filed pursuant to this Act.
Reduces from 11 to 5 the value categories for reporting any interest in property held in a trade or business or for investment or the production of income. Establishes new categories for reporting total liabilities and any interest in a qualified blind trust.
Requires reports with respect to the spouse or dependent child of the reporting individual to include the sources of income earned by the spouse, including honoraria, which exceeds $500 (currently $1,000), except that if the spouse is self-employed in business or a profession, only the nature of such business or profession need be reported. Allows spouses to report income in valuation categories rather than by exact amount.
Repeals the requirement that a reporting individual, after a qualified blind trust is approved by his or her supervising ethics office, file with such office a copy of a list of the assets which were transferred to such trust and the category of each asset.
Declares that new filers and Presidential nominees will not be required to report the holdings or sources of income of any trust or investment fund where: (1) reporting would result in the disclosure of assets or income of another person whose interests are not required to be reported; (2) the disclosure of information is prohibited by contract or the information is otherwise not publicly available; and (3) the reporting individual agrees to divest the interest within 90 days. Applies such exception to certain other reporting individuals under limited circumstances.
Requires designated agency ethics officers to submit to the Office monthly notification of any waivers of criminal conflict of interest laws respecting a filing that is not confidential. Requires the Office to make publicly available on the Internet all such notifications and notification of all waivers granted by the Office. Requires a full copy of any waiver to be included with any filing required under this Act in the year in which it is granted. Requires the Office to provide any waiver on file for which notice has been published, upon request.
Increases from $200 to $500 the fee for filing late reports. Allows the waiver of such fee for good cause shown (currently, in extraordinary circumstances).
Requires the Director, the Secretary concerned, or the designated agency ethics official to notify an individual if additional information is required to complete the form or perform a conflict of interest analysis.
Repeals the requirement that the Comptroller General conduct annual studies to determine compliance with financial disclosure requirements.
Excepts from the definition of "gift" items that are accepted pursuant to or are required to be reported under the Foreign Gifts and Decorations Act. Revises the definition of: (1) "honoraria" to mean a payment of money or anything of value for an appearance, speech, or article; and (2) "income" to include prizes and awards.
Requires an individual to submit monthly notifications of actions taken to comply with this Act or any other laws or regulations governing conflicts of interest or standards of conduct for Government employees until the individual has met the terms of any compliance agreement.
(Sec. 5) Requires the Executive Clerk of the White House, within 15 days after a major party nominates its candidate for President, to transmit to that candidate an electronic record on presidentially appointed positions.
(Sec. 6) Requires each Federal agency to submit to the President and specified congressional committees a plan providing for the reduction of the number of positions and the levels of positions within that agency that require an appointment by the President.
(Sec. 7) Requires the Director of the Office to review the conflict of interest laws relating to Federal employment and to report recommendations for legislation to improve coordination, uniformity, and efficiency in their administration.
[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[S. 1811 Introduced in Senate (IS)]
107th CONGRESS
1st Session
S. 1811
To amend the Ethics in Government Act of 1978 (5 U.S.C. App.) to
streamline the financial disclosure process for executive branch
employees.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
December 12, 2001
Mr. Thompson (for himself, Mr. Lieberman, Mr. Voinovich, Mr. Lugar, Mr.
Durbin, and Mr. Akaka) introduced the following bill; which was read
twice and referred to the Committee on Governmental Affairs
_______________________________________________________________________
A BILL
To amend the Ethics in Government Act of 1978 (5 U.S.C. App.) to
streamline the financial disclosure process for executive branch
employees.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Presidential Appointments
Improvement Act of 2001''.
SEC. 2. PURPOSES.
The purposes of this Act are to--
(1) improve the Presidential appointment process without
violating the spirit and letter of conflict of interest laws;
and
(2) provide a newly elected President the ability to submit
all nominations to the Senate for all Presidential appointments
as expeditiously as possible after the President takes office.
SEC. 3. PUBLIC FINANCIAL DISCLOSURE FOR JUDICIAL AND LEGISLATIVE
PERSONNEL.
Title I of the Ethics in Government Act of 1978 (5 U.S.C. App.) is
amended to read as follows:
``TITLE I--JUDICIAL AND LEGISLATIVE PERSONNEL FINANCIAL DISCLOSURE
REQUIREMENTS
``SEC. 101. PERSONS REQUIRED TO FILE.
``(a) Within 30 days of assuming the position of an officer or
employee described in subsection (f), an individual shall file a report
containing the information described in section 102(b) unless the
individual has left another position described in subsection (f) or
section 201(f) within 30 days prior to assuming such new position or
has already filed a report under this title with respect to nomination
for the new position or as a candidate for the position.
``(b)(1) Within 5 days of the transmittal by the President to the
Senate of the nomination of an individual to a position in the
legislative or judicial branch, appointment to which requires the
advice and consent of the Senate, such individual shall file a report
containing the information described in section 102(b). Such individual
shall, not later than the date of the first hearing to consider the
nomination of such individual, make current the report filed pursuant
to this paragraph by filing the information required by section
102(a)(1)(A) with respect to income and honoraria received as of the
date which occurs 5 days before the date of such hearing. Nothing in
this Act shall prevent any congressional committee from requesting, as
a condition of confirmation, any additional financial information from
any Presidential nominee whose nomination has been referred to that
committee.
``(2) An individual whom the President or the President-elect has
publicly announced he intends to nominate to a position may file the
report required by paragraph (1) at any time after that public
announcement, but not later than is required under the first sentence
of such paragraph.
``(c) Within 30 days of becoming a candidate as defined in section
301 of the Federal Campaign Act of 1971, in a calendar year for
nomination or election to the office of Member of Congress, or on or
before May 15 of that calendar year, whichever is later, but in no
event later than 30 days before the election, and on or before May 15
of each successive year an individual continues to be a candidate, an
individual other than an incumbent Member of Congress shall file a
report containing the information described in section 102(b).
Notwithstanding the preceding sentence, in any calendar year in which
an individual continues to be a candidate for any office but all
elections for such office relating to such candidacy were held in prior
calendar years, such individual need not file a report unless he
becomes a candidate for another vacancy in that office or another
office during that year.
``(d) Any individual who is an officer or employee described in
subsection (f) during any calendar year and performs the duties of his
position or office for a period in excess of 60 days in that calendar
year shall file on or before May 15 of the succeeding year a report
containing the information described in section 102(a).
``(e) Any individual who occupies a position described in
subsection (f) shall, on or before the thirtieth day after termination
of employment in such position, file a report containing the
information described in section 102(a) covering the preceding calendar
year if the report required by subsection (d) has not been filed and
covering the portion of the calendar year in which such termination
occurs up to the date the individual left such office or position,
unless such individual has accepted employment in another position
described in subsection (f) or section 201(f).
``(f) The officers and employees referred to in subsections (a),
(d), and (e) are--
``(1) a Member of Congress as defined under section
109(10);
``(2) an officer or employee of the Congress as defined
under section 109(11);
``(3) a judicial officer as defined under section 109(8);
and
``(4) a judicial employee as defined under section 109(6).
``(g) Reasonable extensions of time for filing any report may be
granted under procedures prescribed by the supervising ethics office
for each branch, but the total of such extensions shall not exceed 90
days.
``(h) The provisions of subsections (a), (b), and (e) shall not
apply to an individual who, as determined by the congressional ethics
committees or the Judicial Conference, is not reasonably expected to
perform the duties of his office or position for more than 60 days in a
calendar year, except that if such individual performs the duties of
his office or position for more than 60 days in a calendar year--
``(1) the report required by subsections (a) and (b) shall
be filed within 15 days of the sixtieth day, and
``(2) the report required by subsection (e) shall be filed
as provided in such subsection.
``(i) The supervising ethics office for each branch may grant a
publicly available request for a waiver of any reporting requirement
under this section for an individual who is expected to perform or has
performed the duties of his office or position less than 130 days in a
calendar year, but only if the supervising ethics office determines
that--
``(1) such individual is not a full-time employee of the
Government,
``(2) such individual is able to provide services specially
needed by the Government,
``(3) it is unlikely that the individual's outside
employment or financial interests will create a conflict of
interest, and
``(4) public financial disclosure by such individual is not
necessary in the circumstances.
``SEC. 102. CONTENTS OF REPORTS.
``(a) Each report filed pursuant to section 101 (d) and (e) shall
include a full and complete statement with respect to the following:
``(1)(A) The source, type, and amount or value of income
(other than income referred to in subparagraph (B)) from any
source (other than from current employment by the United States
Government), and the source, date, and amount of honoraria from
any source, received during the preceding calendar year,
aggregating $200 or more in value and the source, date, and
amount of payments made to charitable organizations in lieu of
honoraria, and the reporting individual shall simultaneously
file with the applicable supervising ethics office, on a
confidential basis, a corresponding list of recipients of all
such payments, together with the dates and amounts of such
payments.
``(B) The source and type of income which consists of
dividends, rents, interest, and capital gains, received during
the preceding calendar year which exceeds $200 in amount or
value, and an indication of which of the following categories
the amount or value of such item of income is within:
``(i) Not more than $1,000.
``(ii) Greater than $1,000 but not more than
$2,500.
``(iii) Greater than $2,500 but not more than
$5,000.
``(iv) Greater than $5,000 but not more than
$15,000.
``(v) Greater than $15,000 but not more than
$50,000.
``(vi) Greater than $50,000 but not more than
$100,000.
``(vii) Greater than $100,000 but not more than
$1,000,000.
``(viii) Greater than $1,000,000 but not more than
$5,000,000.
``(ix) Greater than $5,000,000.
``(2)(A) The identity of the source, a brief description,
and the value of all gifts aggregating more than the minimal
value as established by section 7342(a)(5) of title 5, United
States Code, or $250, whichever is greater, received from any
source other than a relative of the reporting individual during
the preceding calendar year, except that any food, lodging, or
entertainment received as personal hospitality of an individual
need not be reported, and any gift with a fair market value of
$100 or less, as adjusted at the same time and by the same
percentage as the minimal value is adjusted, need not be
aggregated for purposes of this subparagraph.
``(B) The identity of the source and a brief description
(including a travel itinerary, dates, and nature of expenses
provided) of reimbursements received from any source
aggregating more than the minimal value as established by
section 7342(a)(5) of title 5, United States Code, or $250,
whichever is greater and received during the preceding calendar
year.
``(C) In an unusual case, a gift need not be aggregated
under subparagraph (A) if a publicly available request for a
waiver is granted.
``(3) The identity and category of value of any interest in
property held during the preceding calendar year in a trade or
business, or for investment or the production of income, which
has a fair market value which exceeds $1,000 as of the close of
the preceding calendar year, excluding any personal liability
owed to the reporting individual by a spouse, or by a parent,
brother, sister, or child of the reporting individual or of the
reporting individual's spouse, or any deposits aggregating
$5,000 or less in a personal savings account. For purposes of
this paragraph, a personal savings account shall include any
certificate of deposit or any other form of deposit in a bank,
savings and loan association, credit union, or similar
financial institution.
``(4) The identity and category of value of the total
liabilities owed to any creditor other than a spouse, or a
parent, brother, sister, or child of the reporting individual
or of the reporting individual's spouse which exceed $10,000 at
any time during the preceding calendar year, excluding--
``(A) any mortgage secured by real property which
is a personal residence of the reporting individual or
his spouse; and
``(B) any loan secured by a personal motor vehicle,
household furniture, or appliances, which loan does not
exceed the purchase price of the item which secures it.
With respect to revolving charge accounts, only those with an
outstanding liability which exceeds $10,000 as of the close of
the preceding calendar year need be reported under this
paragraph.
``(5) Except as provided in this paragraph, a brief
description, the date, and category of value of any purchase,
sale or exchange during the preceding calendar year which
exceeds $1,000--
``(A) in real property, other than property used
solely as a personal residence of the reporting
individual or his spouse; or
``(B) in stocks, bonds, commodities futures, and
other forms of securities.
Reporting is not required under this paragraph of any
transaction solely by and between the reporting individual, his
spouse, or dependent children.
``(6)(A) The identity of all positions held on or before
the date of filing during the current calendar year (and, for
the first report filed by an individual, during the 2-year
period preceding such calendar year) as an officer, director,
trustee, partner, proprietor, representative, employee, or
consultant of any corporation, company, firm, partnership, or
other business enterprise, any nonprofit organization, any
labor organization, or any educational or other institution
other than the United States. This subparagraph shall not
require the reporting of positions held in any religious,
social, fraternal, or political entity and positions solely of
an honorary nature.
``(B) If any person, other than the United States
Government, paid a nonelected reporting individual compensation
in excess of $5,000 in any of the 2 calendar years prior to the
calendar year during which the individual files his first
report under this title, the individual shall include in the
report--
``(i) the identity of each source of such
compensation; and
``(ii) a brief description of the nature of the
duties performed or services rendered by the reporting
individual for each such source.
The preceding sentence shall not require any individual to
include in such report any information which is considered
confidential as a result of a privileged relationship,
established by law, between such individual and any person nor
shall it require an individual to report any information with
respect to any person for whom services were provided by any
firm or association of which such individual was a member,
partner, or employee unless such individual was directly
involved in the provision of such services.
``(7) A description of the date, parties to, and terms of
any agreement or arrangement with respect to--
``(A) future employment;
``(B) a leave of absence during the period of the
reporting individual's Government service;
``(C) continuation of payments by a former employer
other than the United States Government; and
``(D) continuing participation in an employee
welfare or benefit plan maintained by a former
employer.
``(8) The category of the total cash value of any interest
of the reporting individual in a qualified blind trust, unless
the trust instrument was executed prior to July 24, 1995, and
precludes the beneficiary from receiving information on the
total cash value of any interest in the qualified blind trust.
``(b)(1) Each report filed pursuant to subsections (a), (b), and
(c) of section 101 shall include a full and complete statement with
respect to the information required by--
``(A) paragraph (1) of subsection (a) for the year of
filing and the preceding calendar year,
``(B) paragraphs (3) and (4) of subsection (a) as of the
date specified in the report but which is less than 31 days
before the filing date, and
``(C) paragraphs (6) and (7) of subsection (a) as of the
filing date but for periods described in such paragraphs.
``(2)(A) In lieu of filling out 1 or more schedules of a financial
disclosure form, an individual may supply the required information in
an alternative format, pursuant to either rules adopted by the
supervising ethics office for the branch in which such individual
serves or pursuant to a specific written determination by such office
for a reporting individual.
``(B) In lieu of indicating the category of amount or value of any
item contained in any report filed under this title, a reporting
individual may indicate the exact dollar amount of such item.
``(c) In the case of any individual described in section 101(e),
any reference to the preceding calendar year shall be considered also
to include that part of the calendar year of filing up to the date of
the termination of employment.
``(d)(1) The categories for reporting the amount or value of the
items covered in paragraphs (3), (4), (5), and (8) of subsection (a)
are--
``(A) not more than $15,000;
``(B) greater than $15,000 but not more than $50,000;
``(C) greater than $50,000 but not more than $100,000;
``(D) greater than $100,000 but not more than $250,000;
``(E) greater than $250,000 but not more than $500,000;
``(F) greater than $500,000 but not more than $1,000,000;
``(G) greater than $1,000,000 but not more than $5,000,000;
``(H) greater than $5,000,000 but not more than
$25,000,000;
``(I) greater than $25,000,000 but not more than
$50,000,000; and
``(J) greater than $50,000,000.
``(2) For the purposes of paragraph (3) of subsection (a) if the
current value of an interest in real property (or an interest in a real
estate partnership) is not ascertainable without an appraisal, an
individual may list (A) the date of purchase and the purchase price of
the interest in the real property, or (B) the assessed value of the
real property for tax purposes, adjusted to reflect the market value of
the property used for the assessment if the assessed value is computed
at less than 100 percent of such market value, but such individual
shall include in his report a full and complete description of the
method used to determine such assessed value, instead of specifying a
category of value pursuant to paragraph (1) of this subsection. If the
current value of any other item required to be reported under paragraph
(3) of subsection (a) is not ascertainable without an appraisal, such
individual may list the book value of a corporation whose stock is not
publicly traded, the net worth of a business partnership, the equity
value of an individually owned business, or with respect to other
holdings, any recognized indication of value, but such individual shall
include in his report a full and complete description of the method
used in determining such value. In lieu of any value referred to in the
preceding sentence, an individual may list the assessed value of the
item for tax purposes, adjusted to reflect the market value of the item
used for the assessment if the assessed value is computed at less than
100 percent of such market value, but a full and complete description
of the method used in determining such assessed value shall be included
in the report.
``(e)(1) Except as provided in the last sentence of this paragraph,
each report required by section 101 shall also contain information
listed in paragraphs (1) through (5) of subsection (a) of this section
respecting the spouse or dependent child of the reporting individual as
follows:
``(A) The source of items of earned income earned by a
spouse from any person which exceed $1,000 and the source and
amount of any honoraria received by a spouse, except that, with
respect to earned income (other than honoraria), if the spouse
is self-employed in business or a profession, only the nature
of such business or profession need be reported.
``(B) All information required to be reported in subsection
(a)(1)(B) with respect to income derived by a spouse or
dependent child from any asset held by the spouse or dependent
child and reported pursuant to subsection (a)(3).
``(C) In the case of any gifts received by a spouse or
dependent child which are not received totally independent of
the relationship of the spouse or dependent child to the
reporting individual, the identity of the source and a brief
description of gifts of transportation, lodging, food, or
entertainment and a brief description and the value of other
gifts.
``(D) In the case of any reimbursements received by a
spouse or dependent child which are not received totally
independent of the relationship of the spouse or dependent
child to the reporting individual, the identity of the source
and a brief description of each such reimbursement.
``(E) In the case of items described in paragraphs (3)
through (5) of subsection (a), all information required to be
reported under these paragraphs other than items (i) which the
reporting individual certifies represent the spouse's or
dependent child's sole financial interest or responsibility and
which the reporting individual has no knowledge of, (ii) which
are not in any way, past or present, derived from the income,
assets, or activities of the reporting individual, and (iii)
from which the reporting individual neither derives, nor
expects to derive, any financial or economic benefit.
``(F) For purposes of this section, categories with amounts
or values greater than $1,000,000 set forth in sections 102
(a)(1)(B) and (d)(1) shall apply to the income, assets, or
liabilities of spouses and dependent children only if the
income, assets, or liabilities are held jointly with the
reporting individual. All other income, assets, or liabilities
of the spouse or dependent children required to be reported
under this section in an amount or value greater than
$1,000,000 shall be categorized only as an amount or value
greater than $1,000,000.
Reports required by subsections (a), (b), and (c) of section 101 shall,
with respect to the spouse and dependent child of the reporting
individual, only contain information listed in paragraphs (1), (3), and
(4) of subsection (a), as specified in this paragraph.
``(2) No report shall be required with respect to a spouse living
separate and apart from the reporting individual with the intention of
terminating the marriage or providing for permanent separation; or with
respect to any income or obligations of an individual arising from the
dissolution of his marriage or the permanent separation from his
spouse.
``(f)(1) Except as provided in paragraph (2), each reporting
individual shall report the information required to be reported
pursuant to subsections (a), (b), and (c) of this section with respect
to the holdings of and the income from a trust or other financial
arrangement from which income is received by, or with respect to which
a beneficial interest in principal or income is held by, such
individual, his spouse, or any dependent child.
``(2) A reporting individual need not report the holdings of or the
source of income from any of the holdings of--
``(A) any qualified blind trust (as defined in paragraph
(3));
``(B) a trust--
``(i) which was not created directly by such
individual, his spouse, or any dependent child, and
``(ii) the holdings or sources of income of which
such individual, his spouse, and any dependent child
have no knowledge of; or
``(C) an entity described under the provisions of paragraph
(8), but such individual shall report the category of the
amount of income received by him, his spouse, or any dependent
child from the trust or other entity under subsection (a)(1)(B)
of this section.
``(3) For purposes of this subsection, the term `qualified blind
trust' includes any trust in which a reporting individual, his spouse,
or any minor or dependent child has a beneficial interest in the
principal or income, and which meets the following requirements:
``(A)(i) The trustee of the trust and any other entity
designated in the trust instrument to perform fiduciary duties
is a financial institution, an attorney, a certified public
accountant, a broker, or an investment advisor who--
``(I) is independent of and not associated with any
interested party so that the trustee or other person
cannot be controlled or influenced in the
administration of the trust by any interested party;
``(II) is not and has not been an employee of or
affiliated with any interested party and is not a
partner of, or involved in any joint venture or other
investment with, any interested party; and
``(III) is not a relative of any interested party.
``(ii) Any officer or employee of a trustee or other entity
who is involved in the management or control of the trust--
``(I) is independent of and not associated with any
interested party so that such officer or employee
cannot be controlled or influenced in the
administration of the trust by any interested party;
``(II) is not a partner of, or involved in any
joint venture or other investment with, any interested
party; and
``(III) is not a relative of any interested party.
``(B) Any asset transferred to the trust by an interested
party is free of any restriction with respect to its transfer
or sale unless such restriction is expressly approved by the
supervising ethics office of the reporting individual.
``(C) The trust instrument which establishes the trust
provides that--
``(i) except to the extent provided in subparagraph
(B) of this paragraph, the trustee in the exercise of
his authority and discretion to manage and control the
assets of the trust shall not consult or notify any
interested party;
``(ii) the trust shall not contain any asset the
holding of which by an interested party is prohibited
by any law or regulation;
``(iii) the trustee shall promptly notify the
reporting individual and his supervising ethics office
when the holdings of any particular asset transferred
to the trust by any interested party are disposed of or
when the value of such holding is less than $1,000;
``(iv) the trust tax return shall be prepared by
the trustee or his designee, and such return and any
information relating thereto (other than the trust
income summarized in appropriate categories necessary
to complete an interested party's tax return), shall
not be disclosed to any interested party;
``(v) an interested party shall not receive any
report on the holdings and sources of income of the
trust, except a report at the end of each calendar
quarter with respect to the total cash value of the
interest of the interested party in the trust or the
net income or loss of the trust or any reports
necessary to enable the interested party to complete an
individual tax return required by law or to provide the
information required by subsection (a)(1) of this
section, but such report shall not identify any asset
or holding;
``(vi) except for communications which solely
consist of requests for distributions of cash or other
unspecified assets of the trust, there shall be no
direct or indirect communication between the trustee
and an interested party with respect to the trust
unless such communication is in writing and unless it
relates only (I) to the general financial interest and
needs of the interested party (including, but not
limited to, an interest in maximizing income or long-
term capital gain), (II) to the notification of the
trustee of a law or regulation subsequently applicable
to the reporting individual which prohibits the
interested party from holding an asset, which
notification directs that the asset not be held by the
trust, or (III) to directions to the trustee to sell
all of an asset initially placed in the trust by an
interested party which in the determination of the
reporting individual creates a conflict of interest or
the appearance thereof due to the subsequent assumption
of duties by the reporting individual (but nothing
herein shall require any such direction); and
``(vii) the interested parties shall make no effort
to obtain information with respect to the holdings of
the trust, including obtaining a copy of any trust tax
return filed or any information relating thereto except
as otherwise provided in this subsection.
``(D) The proposed trust instrument and the proposed
trustee is approved by the reporting individual's supervising
ethics office.
``(E) For purposes of this subsection, `interested party'
means a reporting individual, his spouse, and any minor or
dependent child; `broker' has the meaning set forth in section
3(a)(4) of the Securities and Exchange Act of 1934 (15 U.S.C.
78c(a)(4)); and `investment adviser' includes any investment
adviser who, as determined under regulations prescribed by the
supervising ethics office, is generally involved in his role as
such an adviser in the management or control of trusts.
``(F) Any trust qualified by a supervising ethics office
before January 1, 1991, shall continue to be governed by the
law and regulations in effect immediately before such effective
date.
``(4)(A) An asset placed in a trust by an interested party shall be
considered a financial interest of the reporting individual, for the
purposes of any applicable conflict of interest statutes, regulations,
or rules of the Federal Government (including section 208 of title 18,
United States Code), until such time as the reporting individual is
notified by the trustee that such asset has been disposed of, or has a
value of less than $1,000.
``(B)(i) The provisions of subparagraph (A) shall not apply with
respect to a trust created for the benefit of a reporting individual,
or the spouse, dependent child, or minor child of such a person, if the
supervising ethics office for such reporting individual finds that--
``(I) the assets placed in the trust consist of a well-
diversified portfolio of readily marketable securities;
``(II) none of the assets consist of securities of entities
having substantial activities in the area of the reporting
individual's primary area of responsibility;
``(III) the trust instrument prohibits the trustee,
notwithstanding the provisions of paragraph (3)(C) (iii) and
(iv) of this subsection, from making public or informing any
interested party of the sale of any securities;
``(IV) the trustee is given power of attorney,
notwithstanding the provisions of paragraph (3)(C)(v) of this
subsection, to prepare on behalf of any interested party the
personal income tax returns and similar returns which may
contain information relating to the trust; and
``(V) except as otherwise provided in this paragraph, the
trust instrument provides (or in the case of a trust
established prior to January 1, 1991, which by its terms does
not permit amendment, the trustee, the reporting individual,
and any other interested party agree in writing) that the trust
shall be administered in accordance with the requirements of
this subsection and the trustee of such trust meets the
requirements of paragraph (3)(A).
``(ii) In any instance covered by subparagraph (B) in which the
reporting individual is an individual whose nomination is being
considered by a congressional committee, the reporting individual shall
inform the congressional committee considering his nomination before or
during the period of such individual's confirmation hearing of his
intention to comply with this paragraph.
``(5)(A) The reporting individual shall, within 30 days after a
qualified blind trust is approved by his supervising ethics office,
file with such office a copy of--
``(i) the executed trust instrument of such trust (other
than those provisions which relate to the testamentary
disposition of the trust assets), and
``(ii) a list of the assets which were transferred to such
trust, including the category of value of each asset as
determined under subsection (d) of this section.
This subparagraph shall not apply with respect to a trust meeting the
requirements for being considered a qualified blind trust under
paragraph (7) of this subsection.
``(B) The reporting individual shall, within 30 days of
transferring an asset (other than cash) to a previously established
qualified blind trust, notify his supervising ethics office of the
identity of each such asset and the category of value of each asset as
determined under subsection (d) of this section.
``(C) Within 30 days of the dissolution of a qualified blind trust,
a reporting individual shall--
``(i) notify his supervising ethics office of such
dissolution, and
``(ii) file with such office a copy of a list of the assets
of the trust at the time of such dissolution and the category
of value under subsection (d) of this section of each such
asset.
``(D) Documents filed under subparagraphs (A), (B), and (C) of this
paragraph and the lists provided by the trustee of assets placed in the
trust by an interested party which have been sold shall be made
available to the public in the same manner as a report is made
available under section 105 and the provisions of that section shall
apply with respect to such documents and lists.
``(E) A copy of each written communication with respect to the
trust under paragraph (3)(C)(vi) shall be filed by the person
initiating the communication with the reporting individual's
supervising ethics office within 5 days of the date of the
communication.
``(6)(A) A trustee of a qualified blind trust shall not knowingly
and willfully, or negligently, (i) disclose any information to an
interested party with respect to such trust that may not be disclosed
under paragraph (3) of this subsection; (ii) acquire any holding the
ownership of which is prohibited by the trust instrument; (iii) solicit
advice from any interested party with respect to such trust, which
solicitation is prohibited by paragraph (3) of this subsection or the
trust agreement; or (iv) fail to file any document required by this
subsection.
``(B) A reporting individual shall not knowingly and willfully, or
negligently, (i) solicit or receive any information with respect to a
qualified blind trust of which he is an interested party that may not
be disclosed under paragraph (3)(C) of this subsection or (ii) fail to
file any document required by this subsection.
``(C)(i) The Attorney General may bring a civil action in any
appropriate United States district court against any individual who
knowingly and willfully violates the provisions of subparagraph (A) or
(B) of this paragraph. The court in which such action is brought may
assess against such individual a civil penalty in any amount not to
exceed $10,000.
``(ii) The Attorney General may bring a civil action in any
appropriate United States district court against any individual who
negligently violates the provisions of subparagraph (A) or (B) of this
paragraph. The court in which such action is brought may assess against
such individual a civil penalty in any amount not to exceed $5,000.
``(7) Any trust may be considered to be a qualified blind trust
if--
``(A) the trust instrument is amended to comply with the
requirements of paragraph (3) or, in the case of a trust
instrument which does not by its terms permit amendment, the
trustee, the reporting individual, and any other interested
party agree in writing that the trust shall be administered in
accordance with the requirements of this subsection and the
trustee of such trust meets the requirements of paragraph
(3)(A); except that in the case of any interested party who is
a dependent child, a parent or guardian of such child may
execute the agreement referred to in this subparagraph;
``(B) a copy of the trust instrument (except testamentary
provisions) and a copy of the agreement referred to in
subparagraph (A), and a list of the assets held by the trust at
the time of approval by the supervising ethics office,
including the category of value of each asset as determined
under subsection (d) of this section, are filed with such
office and made available to the public as provided under
paragraph (5)(D) of this subsection; and
``(C) the supervising ethics office determines that
approval of the trust arrangement as a qualified blind trust is
in the particular case appropriate to assure compliance with
applicable laws and regulations.
``(8) A reporting individual shall not be required to report the
financial interests held by a widely held investment fund (whether such
fund is a mutual fund, regulated investment company, pension or
deferred compensation plan, or other investment fund), if--
``(A)(i) the fund is publicly traded; or
``(ii) the assets of the fund are widely diversified; and
``(B) the reporting individual neither exercises control
over nor has the ability to exercise control over the financial
interests held by the fund.
``(g) Political campaign funds, including campaign receipts and
expenditures, need not be included in any report filed pursuant to this
title.
``(h) A report filed pursuant to subsection (a), (d), or (e) of
section 101 need not contain the information described in subparagraphs
(A), (B), and (C) of subsection (a)(2) with respect to gifts and
reimbursements received in a period when the reporting individual was
not an officer or employee of the Federal Government.
``(i) A reporting individual shall not be required under this title
to report--
``(1) financial interests in or income derived from--
``(A) any retirement system under title 5, United
States Code (including the Thrift Savings Plan under
subchapter III of chapter 84 of such title); or
``(B) any other retirement system maintained by the
United States for officers or employees of the United
States, including the President, or for members of the
uniformed services; or
``(2) benefits received under the Social Security Act (42
U.S.C. 301 et seq.).
``SEC. 103. FILING OF REPORTS.
``(a) Each supervising ethics office shall develop and make
available forms for reporting the information required by this title.
``(b)(1) The reports required under this title shall be filed by a
reporting individual with--
``(A)(i)(I) the Clerk of the House of Representatives, in
the case of a Representative in Congress, a Delegate to
Congress, the Resident Commissioner from Puerto Rico, an
officer or employee of the Congress whose compensation is
disbursed by the Chief Administrative Officer of the House of
Representatives, an officer or employee of the Architect of the
Capitol, the United States Botanic Garden, the Congressional
Budget Office, the Government Printing Office, the Library of
Congress, or the Copyright Royalty Tribunal (including any
individual terminating service, under section 101(e), in any
office or position referred to in this subclause), or an
individual described in section 101(c) who is a candidate for
nomination or election as a Representative in Congress, a
Delegate to Congress, or the Resident Commissioner from Puerto
Rico; and
``(II) the Secretary of the Senate, in the case of a
Senator, an officer or employee of the Congress whose
compensation is disbursed by the Secretary of the Senate, an
officer or employee of the General Accounting Office, the
Office of Technology Assessment, or the Office of the Attending
Physician (including any individual terminating service, under
section 101(e), in any office or position referred to in this
subclause), or an individual described in section 101(c) who is
a candidate for nomination or election as a Senator; and
``(ii) in the case of an officer or employee of the
Congress as described under section 101(f)(2) who is employed
by an agency or commission established in the legislative branch after
November 30, 1989--
``(I) the Secretary of the Senate or the Clerk of
the House of Representatives, as the case may be, as
designated in the statute establishing such agency or
commission; or
``(II) if such statute does not designate such
committee, the Secretary of the Senate for agencies and
commissions established in even numbered calendar
years, and the Clerk of the House of Representatives
for agencies and commissions established in odd
numbered calendar years; and
``(B) the Judicial Conference with regard to a judicial
officer or employee described under paragraphs (3) and (4) of
section 101(f) (including individuals terminating service in
such office or position under section 101(e) or immediately
preceding service in such office or position).
``(2) The date any report is received (and the date of receipt of
any supplemental report) shall be noted on such report by such
committee.
``(c) A copy of each report filed under this title by a Member or
an individual who is a candidate for the office of Member shall be sent
by the Clerk of the House of Representatives or Secretary of the
Senate, as the case may be, to the appropriate State officer designated
under section 312(a) of the Federal Election Campaign Act of 1971 of
the State represented by the Member or in which the individual is a
candidate, as the case may be, within the 30-day period beginning on
the day the report is filed with the Clerk or Secretary.
``(d)(1) A copy of each report filed under this title with the
Clerk of the House of Representatives shall be sent by the Clerk to the
Committee on Standards of Official Conduct of the House of
Representatives within the 7-day period beginning on the day the report
is filed.
``(2) A copy of each report filed under this title with the
Secretary of the Senate shall be sent by the Secretary to the Select
Committee on Ethics of the Senate within the 7-day period beginning on
the day the report is filed.
``(e) In carrying out their responsibilities under this title with
respect to candidates for office, the Clerk of the House of
Representatives and the Secretary of the Senate shall avail themselves
of the assistance of the Federal Election Commission. The Commission
shall make available to the Clerk and the Secretary on a regular basis
a complete list of names and addresses of all candidates registered
with the Commission, and shall cooperate and coordinate its candidate
information and notification program with the Clerk and the Secretary
to the greatest extent possible.
``SEC. 104. FAILURE TO FILE OR FILING FALSE REPORTS.
``(a) The Attorney General may bring a civil action in any
appropriate United States district court against any individual who
knowingly and willfully falsifies or who knowingly and willfully fails
to file or report any information that such individual is required to
report pursuant to section 102. The court in which such action is
brought may assess against such individual a civil penalty in any
amount, not to exceed $10,000.
``(b) Each congressional ethics committee or the Judicial
Conference, as the case may be, shall refer to the Attorney General the
name of any individual which such official or committee has reasonable
cause to believe has willfully failed to file a report or has willfully
falsified or willfully failed to file information required to be
reported. Whenever the Judicial Conference refers a name to the
Attorney General under this subsection, the Judicial Conference also
shall notify the judicial council of the circuit in which the named
individual serves of the referral.
``(c) A congressional ethics committee and the Judicial Conference,
may take any appropriate personnel or other action in accordance with
applicable law or regulation against any individual failing to file a
report or falsifying or failing to report information required to be
reported.
``(d)(1) Any individual who files a report required to be filed
under this title more than 30 days after the later of--
``(A) the date such report is required to be filed pursuant
to the provisions of this title and the rules and regulations
promulgated thereunder; or
``(B) if a filing extension is granted to such individual
under section 101(g), the last day of the filing extension
period, shall, at the direction of and pursuant to regulations
issued by the supervising ethics office, pay a filing fee of
$200. All such fees shall be deposited in the miscellaneous
receipts of the Treasury.
``(2) The supervising ethics office may waive the filing fee under
this subsection in extraordinary circumstances.
``SEC. 105. CUSTODY OF AND PUBLIC ACCESS TO REPORTS.
``(a) The supervising ethics office of the judicial branch, the
Clerk of the House of Representatives, and the Secretary of the Senate
shall make available to the public, in accordance with subsection (b),
each report filed under this title with such office or with the Clerk
or the Secretary of the Senate.
``(b)(1) Except as provided in the second sentence of this
subsection, the supervising ethics office in the judicial branch, the
Clerk of the House of Representatives, and the Secretary of the Senate
shall, within 30 days after any report is received under this title by
such office or by the Clerk or the Secretary of the Senate, as the case
may be, permit inspection of such report by or furnish a copy of such
report to any person requesting such inspection or copy. With respect
to any report required to be filed by May 15 of any year, such report
shall be made available for public inspection within 30 calendar days
after May 15 of such year or within 30 days of the date of filing of
such a report for which an extension is granted pursuant to section
101(g). The office, Clerk, or Secretary of the Senate, as the case may
be, may require a reasonable fee to be paid in any amount which is
found necessary to recover the cost of reproduction or mailing of such
report excluding any salary of any employee involved in such
reproduction or mailing. A copy of such report may be furnished without
charge or at a reduced charge if it is determined that waiver or
reduction of the fee is in the public interest.
``(2) Notwithstanding paragraph (1), a report may not be made
available under this section to any person nor may any copy thereof be
provided under this section to any person except upon a written
application by such person stating--
``(A) that person's name, occupation, and address;
``(B) the name and address of any other person or
organization on whose behalf the inspection or copy is
requested; and
``(C) that such person is aware of the prohibitions on the
obtaining or use of the report.
Any such application shall be made available to the public throughout
the period during which the report is made available to the public.
``(3)(A) This section does not require the immediate and
unconditional availability of reports filed by an individual described
in section 109 (6) or (8) of this Act if a finding is made by the
Judicial Conference, in consultation with United States Marshal
Service, that revealing personal and sensitive information could
endanger that individual.
``(B) A report may be redacted pursuant to this paragraph only--
``(i) to the extent necessary to protect the individual who
filed the report; and
``(ii) for as long as the danger to such individual exists.
``(C) The Administrative Office of the United States Courts shall
submit to the Committees on the Judiciary of the House of
Representatives and of the Senate an annual report with respect to the
operation of this paragraph including--
``(i) the total number of reports redacted pursuant to this
paragraph;
``(ii) the total number of individuals whose reports have
been redacted pursuant to this paragraph; and
``(iii) the types of threats against individuals whose
reports are redacted, if appropriate.
``(D) The Judicial Conference, in consultation with the Department
of Justice, shall issue regulations setting forth the circumstances
under which redaction is appropriate under this paragraph and the
procedures for redaction.
``(E) This paragraph shall expire on December 31, 2001, and apply
to filings through calendar year 2001.
``(c)(1) It shall be unlawful for any person to obtain or use a
report--
``(A) for any unlawful purpose;
``(B) for any commercial purpose, other than by news and
communications media for dissemination to the general public;
``(C) for determining or establishing the credit rating of
any individual; or
``(D) for use, directly or indirectly, in the solicitation
of money for any political, charitable, or other purpose.
``(2) The Attorney General may bring a civil action against any
person who obtains or uses a report for any purpose prohibited in
paragraph (1) of this subsection. The court in which such action is
brought may assess against such person a penalty in any amount not to
exceed $10,000. Such remedy shall be in addition to any other remedy
available under statutory or common law.
``(d) Any report filed with or transmitted to a supervising ethics
office or to the Clerk of the House of Representatives or the Secretary
of the Senate pursuant to this title shall be retained by such office
or by the Clerk or the Secretary of the Senate, as the case may be.
Such report shall be made available to the public for a period of 6
years after receipt of the report. After such 6-year period the report
shall be destroyed unless needed in an ongoing investigation, except
that in the case of an individual who filed the report pursuant to
section 101(b) and was not subsequently confirmed by the Senate, or who
filed the report pursuant to section 101(c) and was not subsequently
elected, such reports shall be destroyed 1 year after the individual
either is no longer under consideration by the Senate or is no longer a
candidate for nomination or election to the Office of President, Vice
President, or as a Member of Congress, unless needed in an ongoing
investigation.
``SEC. 106. REVIEW OF REPORTS.
``(a) Each congressional ethics committee and the Judicial
Conference shall make provisions to ensure that each report filed under
this title is reviewed within 60 days after the date of such filing.
``(b)(1) If after reviewing any report under subsection (a), a
person designated by the congressional ethics committee or a person
designated by the Judicial Conference, as the case may be, is of the
opinion that on the basis of information contained in such report the
individual submitting such report is in compliance with applicable laws
and regulations, he shall state such opinion on the report, and shall
sign such report.
``(2) If a person designated by the congressional ethics committee,
or a person designated by the Judicial Conference, after reviewing any
report under subsection (a)--
``(A) believes additional information is required to be
submitted, he shall notify the individual submitting such
report what additional information is required and the time by
which it must be submitted, or
``(B) is of the opinion, on the basis of information
submitted, that the individual is not in compliance with
applicable laws and regulations, he shall notify the
individual, afford a reasonable opportunity for a written or
oral response, and after consideration of such response, reach
an opinion as to whether or not, on the basis of information
submitted, the individual is in compliance with such laws and
regulations.
``(3) If a person designated by a congressional ethics committee or
a person designated by the Judicial Conference, reaches an opinion
under paragraph (2)(B) that an individual is not in compliance with
applicable laws and regulations, the official or committee shall notify
the individual of that opinion and, after an opportunity for personal
consultation (if practicable), determine and notify the individual of
which steps, if any, would in the opinion of such official or committee
be appropriate for assuring compliance with such laws and regulations
and the date by which such steps should be taken. Such steps may
include, as appropriate--
``(A) divestiture,
``(B) restitution,
``(C) the establishment of a blind trust,
``(D) request for an exemption under section 208(b) of
title 18, United States Code, or
``(E) voluntary request for transfer, reassignment,
limitation of duties, or resignation.
The use of any such steps shall be in accordance with such rules or
regulations as the supervising ethics office may prescribe.
``(4) If steps for assuring compliance with applicable laws and
regulations are not taken by the date set under paragraph (3) by an
individual in a position appointment to which requires the advice and
consent of the Senate but removal authority resides in the President,
the matter shall be referred to the President for appropriate action.
``(5) If steps for assuring compliance with applicable laws and
regulations are not taken by the date set under paragraph (3) by any
other officer or employee, the matter shall be referred to the
congressional ethics committee or the Judicial Conference, for
appropriate action.
``(6) Each supervising ethics office may render advisory opinions
interpreting this title within its respective jurisdiction.
Notwithstanding any other provision of law, the individual to whom a
public advisory opinion is rendered in accordance with this paragraph,
and any other individual covered by this title who is involved in a
fact situation which is indistinguishable in all material aspects, and
who acts in good faith in accordance with the provisions and findings
of such advisory opinion shall not, as a result of such act, be subject
to any penalty or sanction provided by this title.
``SEC. 107. CONFIDENTIAL REPORTS AND OTHER ADDITIONAL REQUIREMENTS.
``(a)(1) Each supervising ethics office may require officers and
employees under its jurisdiction (including special Government
employees as defined in section 202 of title 18, United States Code) to
file confidential financial disclosure reports, in such form as the
supervising ethics office may prescribe. The information required to be
reported under this subsection by the officers and employees of the
legislative or judicial branch shall be set forth in rules or
regulations prescribed by the supervising ethics office, and may be
less extensive than otherwise required by this title, or more extensive
when determined by the supervising ethics office to be necessary and
appropriate in light of sections 202 through 209 of title 18, United
States Code, regulations promulgated thereunder, official codes of
conduct or the authorized activities of such officers or employees. Any
individual required to file a report pursuant to section 101 shall not
be required to file a confidential report pursuant to this subsection,
except with respect to information which is more extensive than
information otherwise required by this title. Subsections (a), (b), and
(d) of section 105 shall not apply with respect to any such report.
``(2) Any information required to be provided by an individual
under this subsection shall be confidential and shall not be disclosed
to the public.
``(3) Nothing in this subsection exempts any individual otherwise
covered by the requirement to file a public financial disclosure report
under this title from such requirement.
``(b) The provisions of this title requiring the reporting of
information shall supersede any general requirement under any other
provision of law or regulation with respect to the reporting of
information required for purposes of preventing conflicts of interest
or apparent conflicts of interest. Such provisions of this title shall
not supersede the requirements of section 7342 of title 5, United
States Code.
``(c) Nothing in this Act requiring reporting of information shall
be deemed to authorize--
``(1) the receipt of income, gifts, or reimbursements;
``(2) the holding of assets, liabilities, or positions; or
``(3) the participation in transactions that are prohibited
by law, rule, or regulation.
``SEC. 108. AUTHORITY OF COMPTROLLER GENERAL.
``(a) The Comptroller General shall have access to financial
disclosure reports filed under this title for the purposes of carrying
out his statutory responsibilities.
``(b) Not later than December 31, 1992, and regularly thereafter,
the Comptroller General shall conduct a study to determine whether the
provisions of this title are being carried out effectively.
``SEC. 109. DEFINITIONS.
``For the purposes of this title, the term--
``(1) `congressional ethics committees' means the Select
Committee on Ethics of the Senate and the Committee on
Standards of Official Conduct of the House of Representatives;
``(2) `dependent child' means, when used with respect to
any reporting individual, any individual who is a son,
daughter, stepson, or stepdaughter and who--
``(A) is unmarried and under age 21 and is living
in the household of such reporting individual; or
``(B) is a dependent of such reporting individual
within the meaning of section 152 of the Internal
Revenue Code of 1986 (26 U.S.C. 152);
``(3) `gift' means a payment, advance, forbearance,
rendering, or deposit of money, or any thing of value, unless
consideration of equal or greater value is received by the
donor, but does not include--
``(A) bequest and other forms of inheritance;
``(B) suitable mementos of a function honoring the
reporting individual;
``(C) food, lodging, transportation, and
entertainment provided by a foreign government within a
foreign country or by the United States Government, the
District of Columbia, or a State or local government or
political subdivision thereof;
``(D) food and beverages which are not consumed in
connection with a gift of overnight lodging;
``(E) communications to the offices of a reporting
individual, including subscriptions to newspapers and
periodicals; or
``(F) consumable products provided by home-State
businesses to the offices of a reporting individual who
is an elected official, if those products are intended
for consumption by persons other than such reporting
individual;
``(4) `honoraria' has the meaning given such term in
section 505 of this Act;
``(5) `income' means all income from whatever source
derived, including but not limited to the following items:
compensation for services, including fees, commissions, and
similar items; gross income derived from business (and net
income if the individual elects to include it); gains derived
from dealings in property; interest; rents; royalties;
dividends; annuities; income from life insurance and endowment
contracts; pensions; income from discharge of indebtedness;
distributive share of partnership income; and income from an
interest in an estate or trust;
``(6) `judicial employee' means any employee of the
judicial branch of the Government, of the United States
Sentencing Commission, of the Tax Court, of the Court of
Federal Claims, of the Court of Appeals for Veterans Claims, or
of the United States Court of Appeals for the Armed Forces, who
is not a judicial officer and who is authorized to perform
adjudicatory functions with respect to proceedings in the
judicial branch, or who occupies a position for which the rate of basic
pay is equal to or greater than 120 percent of the minimum rate of
basic pay payable for GS-15 of the General Schedule;
``(7) `Judicial Conference' means the Judicial Conference
of the United States;
``(8) `judicial officer' means the Chief Justice of the
United States, the Associate Justices of the Supreme Court, and
the judges of the United States courts of appeals, United
States district courts, including the district courts in Guam,
the Northern Mariana Islands, and the Virgin Islands, Court of
Appeals for the Federal Circuit, Court of International Trade,
Tax Court, Court of Federal Claims, Court of Appeals for
Veterans Claims, United States Court of Appeals for the Armed
Forces, and any court created by Act of Congress, the judges of
which are entitled to hold office during good behavior;
``(9) `legislative branch' includes--
``(A) the Architect of the Capitol;
``(B) the Botanic Gardens;
``(C) the Congressional Budget Office;
``(D) the General Accounting Office;
``(E) the Government Printing Office;
``(F) the Library of Congress;
``(G) the United States Capitol Police;
``(H) the Office of Technology Assessment; and
``(I) any other agency, entity, office, or
commission established in the legislative branch;
``(10) `Member of Congress' means a United States Senator,
a Representative in Congress, a Delegate to Congress, or the
Resident Commissioner from Puerto Rico;
``(11) `officer or employee of the Congress' means--
``(A) any individual described under subparagraph
(B), other than a Member of Congress or the Vice
President, whose compensation is disbursed by the
Secretary of the Senate or the Chief Administrative
Officer of the House of Representatives;
``(B)(i) each officer or employee of the
legislative branch who, for at least 60 days, occupies
a position for which the rate of basic pay is equal to
or greater than 120 percent of the minimum rate of
basic pay payable for GS-15 of the General Schedule;
and
``(ii) at least 1 principal assistant designated
for purposes of this paragraph by each Member who does
not have an employee who occupies a position for which
the rate of basic pay is equal to or greater than 120
percent of the minimum rate of basic pay payable for
GS-15 of the General Schedule;
``(12) `personal hospitality of any individual' means
hospitality extended for a nonbusiness purpose by an
individual, not a corporation or organization, at the personal
residence of that individual or his family or on property or
facilities owned by that individual or his family;
``(13) `reimbursement' means any payment or other thing of
value received by the reporting individual, other than gifts,
to cover travel-related expenses of such individual other than
those which are--
``(A) provided by the United States Government, the
District of Columbia, or a State or local government or
political subdivision thereof;
``(B) required to be reported by the reporting
individual under section 7342 of title 5, United States
Code; or
``(C) required to be reported under section 304 of
the Federal Election Campaign Act of 1971 (2 U.S.C.
434);
``(14) `relative' means an individual who is related to the
reporting individual, as father, mother, son, daughter,
brother, sister, uncle, aunt, great aunt, great uncle, first
cousin, nephew, niece, husband, wife, grandfather, grandmother,
grandson, granddaughter, father-in-law, mother-in-law, son-in-
law, daughter-in-law, brother-in-law, sister-in-law,
stepfather, stepmother, stepson, stepdaughter, stepbrother,
stepsister, half brother, half sister, or who is the
grandfather or grandmother of the spouse of the reporting
individual, and shall be deemed to include the fiance or
fiancee of the reporting individual;
``(15) `supervising ethics office' means--
``(A) the Select Committee on Ethics of the Senate,
for Senators, officers and employees of the Senate, and
other officers, or employees of the legislative branch
required to file financial disclosure reports with the
Secretary of the Senate pursuant to section 103(h) of
this title;
``(B) the Committee on Standards of Official
Conduct of the House of Representatives, for Members,
officers, and employees of the House of Representatives
and other officers or employees of the legislative
branch required to file financial disclosure reports
with the Clerk of the House of Representatives pursuant
to section 103(h) of this title; and
``(C) the Judicial Conference for judicial officers
and judicial employees; and
``(16) `value' means a good faith estimate of the dollar
value if the exact value is neither known nor easily obtainable
by the reporting individual.
``SEC. 110. NOTICE OF ACTIONS TAKEN TO COMPLY WITH ETHICS AGREEMENTS.
``(a) In any case in which an individual agrees with a Senate
confirmation committee, a congressional ethics committee, or the
Judicial Conference, to take any action to comply with this Act or any
other law or regulation governing conflicts of interest of, or
establishing standards of conduct applicable with respect to, officers
or employees of the Government, that individual shall notify in writing
the appropriate committee of the Senate, the congressional ethics
committee, or the Judicial Conference, as the case may be, of any
action taken by the individual pursuant to that agreement. Such
notification shall be made not later than the date specified in the
agreement by which action by the individual must be taken, or not later
than 3 months after the date of the agreement, if no date for action is
so specified.
``(b) If an agreement described in subsection (a) requires that the
individual recuse himself or herself from particular categories of
agency or other official action, the individual shall reduce to writing
those subjects regarding which the recusal agreement will apply and the
process by which it will be determined whether the individual must
recuse himself or herself in a specific instance. An individual shall
be considered to have complied with the requirements of subsection (a)
with respect to such recusal agreement if such individual files a copy
of the document setting forth the information described in the
preceding sentence with such individual's designated agency ethics
official or the appropriate supervising ethics office within the time
prescribed in the last sentence of subsection (a).
``SEC. 111. ADMINISTRATION OF PROVISIONS.
``The provisions of this title shall be administered by--
``(1) the Select Committee on Ethics of the Senate and the
Committee on Standards of Official Conduct of the House of
Representatives, as appropriate, with regard to officers and
employees described in paragraphs (1) and (2) of section
101(f); and
``(2) the Judicial Conference in the case of an officer or
employee described in paragraphs (3) and (4) of section 101(f).
The Judicial Conference may delegate any authority it has under
this title to an ethics committee established by the Judicial
Conference.''.
SEC. 4. PUBLIC FINANCIAL DISCLOSURE FOR THE EXECUTIVE BRANCH.
The Ethics in Government Act of 1978 (5 U.S.C. App.) is amended by
inserting after title I the following:
``TITLE II--EXECUTIVE PERSONNEL FINANCIAL DISCLOSURE REQUIREMENTS
``SEC. 201. PERSONS REQUIRED TO FILE.
``(a) Within 30 days of assuming the position of an officer or
employee described in subsection (f), an individual shall file a report
containing the information described in section 202(b) unless the
individual has left another position described in subsection (f) of
this section or section 101(f) of this Act within 30 days prior to
assuming such new position or has already filed a report under this
title with respect to nomination for the new position or as a candidate
for the position.
``(b)(1) Within 5 days of the transmittal by the President to the
Senate of the nomination of an individual (other than an individual
nominated for appointment to a position as a Foreign Service Officer or
a grade or rank in the uniformed services for which the pay grade
prescribed by section 201 of title 37, United States Code, is O-6 or
below) to a position in the executive branch, appointment to which
requires the advice and consent of the Senate, such individual shall
file a report containing the information described in section 202(b).
Such individual shall, not later than the date of the first hearing to
consider the nomination of such individual, make current the report
filed pursuant to this paragraph by filing the information required by
section 202(a)(1)(A) with respect to income and honoraria received as
of the date which occurs 5 days before the date of such hearing.
Nothing in this Act shall prevent any congressional committee from
requesting, as a condition of confirmation, any additional financial
information from any Presidential nominee whose nomination has been
referred to that committee.
``(2) An individual whom the President or the President-elect has
publicly announced he intends to nominate to a position may file the
report required by paragraph (1) at any time after that public
announcement, but not later than is required under the first sentence
of such paragraph.
``(c)(1) Within 30 days of becoming a candidate as defined in
section 301 of the Federal Campaign Act of 1971, in a calendar year for
nomination or election to the office of President or Vice President or
on or before May 15 of that calendar year, whichever is later, but in
no event later than 30 days before the election, and on or before May
15 of each successive year an individual continues to be a candidate,
an individual other than an incumbent President or Vice President shall
file a report containing the information described in section 202(b).
Notwithstanding the preceding sentence, in any calendar year in which
an individual continues to be a candidate for any office but all
elections for such office relating to such candidacy were held in prior
calendar years, such individual need not file a report unless he
becomes a candidate for another vacancy in that office or another
office during that year.
``(2) Notwithstanding paragraph (1), within 30 days of taking the
oath of office of President or Vice President, an individual shall file
a report containing the information described in section 202(b) unless
such individual served as President or Vice President immediately prior
to taking that oath.
``(d) Any individual who is an officer or employee described in
subsection (f) during any calendar year and performs the duties of his
position or office for a period in excess of 60 days in that calendar
year shall file on or before May 15 of the succeeding year a report
containing the information described in section 202(a).
``(e) Any individual who occupies a position described in
subsection (f) shall, on or before the thirtieth day after termination
of employment in such position, file a report containing the
information described in section 202(a) covering the preceding calendar
year if the report required by subsection (d) has not been filed and
covering the portion of the calendar year in which such termination
occurs up to the date the individual left such office or position,
unless such individual has accepted employment in or takes the oath of
office for another position described in subsection (f) or section
101(f).
``(f) The officers and employees referred to in subsections (a),
(d), and (e) are--
``(1) the President;
``(2) the Vice President;
``(3) each officer or employee in the executive branch,
including a special Government employee as defined in section
202 of title 18, United States Code, who occupies a position
classified above GS-15 of the General Schedule or, in the case
of positions not under the General Schedule, for which the rate
of basic pay is equal to or greater than 120 percent of the
minimum rate of basic pay payable for GS-15 of the General
Schedule; each member of a uniformed service whose pay grade is
at or in excess of O-7 under section 201 of title 37, United
States Code; and each officer or employee in any other position
determined by the Director of the Office of Government Ethics
to be of equal classification;
``(4) each employee appointed pursuant to section 3105 of
title 5, United States Code;
``(5) any employee not described in paragraph (3) who is in
a position in the executive branch which is excepted from the
competitive service by reason of being of a confidential or
policymaking character, except that the Director of the Office
of Government Ethics may, by regulation, exclude from the
application of this paragraph any individual, or group of
individuals, who are in such positions, but only in cases in
which the Director determines such exclusion would not affect
adversely the integrity of the Government or the public's
confidence in the integrity of the Government;
``(6) the Postmaster General, the Deputy Postmaster
General, each Governor of the Board of Governors of the United
States Postal Service, each officer or employee of the United
States Postal Service who is designated as a member of the
Postal Career Executive Service (PCES I or II), and each
officer or employee of the Postal Rate Commission who occupies
a position for which the rate of basic pay is equal to or
greater than 120 percent of the minimum rate of basic pay
payable for GS-15 of the General Schedule;
``(7) the Director of the Office of Government Ethics and
each designated agency ethics official; and
``(8) any civilian employee not described in paragraph (3),
employed in the Executive Office of the President (other than a
special Government employee) who holds a commission of
appointment from the President.
``(g)(1) Reasonable extensions of time for filing any report may be
granted under procedures prescribed by the Office of Government Ethics,
but the total of such extensions shall not exceed 90 days.
``(2)(A) In the case of an individual who is serving in the Armed
Forces, or serving in support of the Armed Forces, in an area while
that area is designated by the President by Executive order as a combat
zone for purposes of section 112 of the Internal Revenue Code of 1986,
the date for the filing of any report shall be extended so that the
date is 180 days after the later of--
``(i) the last day of the individual's service in such area
during such designated period; or
``(ii) the last day of the individual's hospitalization as
a result of injury received or disease contracted while serving
in such area.
``(B) The Office of Government Ethics, in consultation with the
Secretary of Defense, may prescribe procedures under this paragraph.
``(h) The provisions of subsections (a), (b), and (e) shall not
apply to an individual who, as determined by the designated agency
ethics official or Secretary concerned (or in the case of a
Presidential appointee under subsection (b), the Director of the Office
of Government Ethics), is not reasonably expected to perform the duties
of his office or position for more than 60 days in a calendar year,
except that if such individual performs the duties of his office or
position for more than 60 days in a calendar year--
``(1) the report required by subsections (a) and (b) shall
be filed within 15 days of the sixtieth day, and
``(2) the report required by subsection (e) shall be filed
as provided in such subsection.
``(i) The Director of the Office of Government Ethics may grant a
publicly available request for a waiver of any reporting requirement
under this section for an individual who is expected to perform or has
performed the duties of his office or position less than 130 days in a
calendar year, but only if the Director determines that--
``(1) such individual is not a full-time employee of the
Government,
``(2) such individual is able to provide services specially
needed by the Government,
``(3) it is unlikely that the individual's outside
employment or financial interests will create a conflict of
interest, and
``(4) public financial disclosure by such individual is not
necessary in the circumstances.
``SEC. 202. CONTENTS OF REPORTS.
``(a) Each report filed pursuant to section 201 (d) and (e) shall
include a full and complete statement with respect to the following:
``(1)(A) The source, description, and category of value of
income (other than income referred to in subparagraph (B)) from
any source (other than from current employment by the United
States Government), received during the preceding calendar
year, aggregating more than $500 in value, except that
honoraria received during Government service by an officer or
employee shall include, in addition to the source, the exact
amount and the date it was received.
``(B) The source and description of investment income which
may include but is not limited to dividends, rents, interest,
and capital gains, received during the preceding calendar year
which exceeds $500 in amount or value.
``(C) The categories for reporting the amount for income
covered in subparagraphs (A) and (B) of this paragraph are--
``(i) greater than $500 but not more than $20,000;
``(ii) greater than $20,000 but not more than
$100,000;
``(iii) greater than $100,000 but not more than
$1,000,000;
``(iv) greater than $1,000,000 but not more than
$2,500,000; and
``(v) greater than $2,500,000.
``(2)(A) The identity of the source, a brief description,
and the value of all gifts aggregating more than the minimal
value as established by section 7342(a)(5) of title 5, United
States Code, or $250, whichever is greater, received from any
source other than a relative of the reporting individual during
the preceding calendar year, except that any food, lodging, or
entertainment received as personal hospitality of an individual
need not be reported, and any gift with a fair market value of
$100 or less, as adjusted at the same time and by the same
percentage as the minimal value is adjusted, need not be
aggregated for purposes of this subparagraph.
``(B) The identity of the source and a brief description
(including dates of travel and nature of expenses provided) of
reimbursements received from any source aggregating more than
the minimal value as established by section 7342(a)(5) of title
5, United States Code, or $250, whichever is greater and
received during the preceding calendar year.
``(C) In an unusual case, a gift need not be aggregated
under subparagraph (A) if a publicly available request for a
waiver is granted.
``(3) The identity and category of value of any interest in
property held during the preceding calendar year in a trade or
business, or for investment or the production of income, which
has a fair market value which exceeds $5,000 as of the close of
the preceding calendar year, excluding any personal liability
owed to the reporting individual by a spouse, or by a parent,
brother, sister, or child of the reporting individual or of the
reporting individual's spouse, or any deposit accounts
aggregating $100,000 or less in a financial institution, or any
Federal Government securities aggregating $100,000 or less.
``(4) The identity and category of value of the total
liabilities owed to any creditor other than a spouse, or a
parent, brother, sister, or child of the reporting individual
or of the reporting individual's spouse which exceed $20,000 at
any time during the preceding calendar year, excluding--
``(A) any mortgage secured by real property which
is a personal residence of the reporting individual or
his spouse; and
``(B) any loan secured by a personal motor vehicle,
household furniture, or appliances, which loan does not
exceed the purchase price of the item which secures it.
With respect to revolving charge accounts, only those with an
outstanding liability which exceeds $20,000 as of the close of
the preceding calendar year need be reported under this
paragraph. Notwithstanding the preceding sentence, individuals
required to file pursuant to section 201(b), shall also report
the aggregate sum of the outstanding balances of all revolving
charge accounts as of any date that is within 30 days of the
date of filing if the aggregate sum of those balances exceeds
$20,000.
``(5) Except as provided in this paragraph, a brief
description of any real property, other than property used
solely as a personal residence of the reporting individual or
his spouse, or stocks, bonds, commodities futures, and other
forms of securities, if--
``(A) purchased, sold, or exchanged during the
preceding calendar year;
``(B) the value of the transaction exceeded $5,000;
and
``(C) the property or security is not already
required to be reported as a source of income pursuant
to paragraph (1)(B) or as an asset pursuant to
paragraph (3) of this section.
``(6)(A) The identity of all positions held on or before
the date of filing during the current calendar year (and, for
the first report filed by an individual, during the 1-year
period preceding such calendar year) as an officer, director,
trustee, partner, proprietor, representative, employee, or
consultant of any corporation, company, firm, partnership, or
other business enterprise, any nonprofit organization, any
labor organization, or any educational or other institution
other than the United States. This subparagraph shall not
require the reporting of positions held in any religious,
social, fraternal, or political entity and positions solely of
an honorary nature.
``(B) If any person, other than a person reported as a
source of income under paragraph (1)(A) or the United States
Government, paid a nonelected reporting individual compensation
in excess of $25,000 in the calendar year prior to or the
calendar year in which the individual files his first report
under this title, the individual shall include in the report--
``(i) the identity of each source of such
compensation; and
``(ii) a brief description of the nature of the
duties performed or services rendered by the reporting
individual for each such source.
The preceding sentence shall not require any individual to
include in such report any information which is considered
confidential as a result of a privileged relationship,
established by law, between such individual and any person or
any information which the person for whom the services are
provided has a reasonable expectation of privacy, nor shall it
require an individual to report any information with respect to
any person for whom services were provided by any firm or
association of which such individual was a member, partner, or
employee unless such individual was directly involved in the
provision of such services.
``(7) A description of parties to and terms of any
agreement or arrangement with respect to (A) future employment;
(B) a leave of absence during the period of the reporting
individual's Government service; (C) continuation of payments
by a former employer other than the United States Government;
and (D) continuing participation in an employee welfare or
benefit plan maintained by a former employer. The description
of any formal agreement for future employment shall include the
date on which that agreement was entered into.
``(8) The category of the total cash value of any interest
of the reporting individual in a qualified blind trust.
``(b)(1) Each report filed pursuant to subsections (a), (b), and
(c) of section 201 shall include a full and complete statement with
respect to the information required by--
``(A) paragraphs (1) and (6) of subsection (a) for the year
of filing and the preceding calendar year,
``(B) paragraphs (3) and (4) of subsection (a) as of the
date specified in the report but which is less than 31 days
before the filing date, and
``(C) paragraph (7) of subsection (a) as of the filing date
but for periods described in such paragraph.
``(2)(A) In lieu of filling out 1 or more schedules of a
financial disclosure form, an individual may supply the
required information in an alternative format, pursuant to
either rules adopted by the Office of Government Ethics or
pursuant to a specific written determination by the Director
for a reporting individual.
``(B) In lieu of indicating the category of amount or value
of any item contained in any report filed under this title, a
reporting individual may indicate the exact dollar amount of
such item.
``(c)(1) In the case of any individual referred to in section
201(d), the Office of Government Ethics may by regulation require a
reporting period to include any period in which the individual served
as an officer or employee described in section 201(f) and the period
would not otherwise be covered by any public report filed pursuant to
this title.
``(2) In the case of any individual referred to in section 201(e),
any reference to the preceding calendar year shall be considered also
to include that part of the calendar year of filing up to the date of
the termination of employment.
``(d)(1) The categories for reporting the amount or value of the
items covered in paragraph (3) of subsection (a) are--
``(A) greater than $5,000 but not more than $15,000;
``(B) greater than $15,000 but not more than $100,000;
``(C) greater than $100,000 but not more than $1,000,000;
``(D) greater than $1,000,000 but not more than $2,500,000;
and
``(E) greater than $2,500,000.
``(2) For the purposes of paragraph (3) of subsection (a) if the
current value of an interest in real property (or an interest in a real
estate partnership) is not ascertainable without an appraisal, an
individual may list (A) the date of purchase and the purchase price of
the interest in the real property, or (B) the assessed value of the
real property for tax purposes, adjusted to reflect the market value of
the property used for the assessment if the assessed value is computed
at less than 100 percent of such market value, but such individual
shall include in his report a full and complete description of the
method used to determine such assessed value, instead of specifying a
category of value pursuant to paragraph (1) of this subsection. If the
current value of any other item required to be reported under paragraph
(3) of subsection (a) is not ascertainable without an appraisal, such
individual may list the book value of a corporation whose stock is not
publicly traded, the net worth of a business partnership, the equity
value of an individually owned business, or with respect to other
holdings, any recognized indication of value, but such individual shall
include in his report a full and complete description of the method
used in determining such value. In lieu of any value referred to in the
preceding sentence, an individual may list the assessed value of the
item for tax purposes, adjusted to reflect the market value of the item
used for the assessment if the assessed value is computed at less than
100 percent of such market value, but a full and complete description
of the method used in determining such assessed value shall be included
in the report.
``(3) The categories for reporting the amount or value of the items
covered in paragraphs (4) and (8) of subsection (a) are--
``(A) greater than $20,000 but not more than $100,000;
``(B) greater than $100,000 but not more than $500,000;
``(C) greater than $500,000 but not more than $1,000,000;
and
``(D) greater than $1,000,000.
``(e)(1) Except as provided in the last sentence of this paragraph,
each report required by section 201 shall also contain information
listed in paragraphs (1) through (5) of subsection (a) of this section
respecting the spouse or dependent child of the reporting individual as
follows:
``(A) The sources of earned income earned by a spouse
including honoraria which exceed $500 except that, with respect
to earned income if the spouse is self-employed in business or
a profession, only the nature of such business or profession
need be reported.
``(B) All information required to be reported in subsection
(a)(1)(B) with respect to investment income derived by a spouse
or dependent child.
``(C) In the case of any gifts received by a spouse or
dependent child which are not received totally independent of
the relationship of the spouse or dependent child to the
reporting individual, the identity of the source and a brief
description of gifts of transportation, lodging, food, or
entertainment and a brief description and the value of other
gifts.
``(D) In the case of any reimbursements received by a
spouse or dependent child which are not received totally
independent of the relationship of the spouse or dependent
child to the reporting individual, the identity of the source
and a brief description of each such reimbursement.
``(E) In the case of items described in paragraphs (3)
through (5) of subsection (a), all information required to be
reported under these paragraphs other than items which the
reporting individual certifies (i) represent the spouse's or
dependent child's sole financial interest or responsibility and
which the reporting individual has no knowledge of, (ii) are
not in any way, past or present, derived from the income,
assets, or activities of the reporting individual, and (iii)
that he neither derives, nor expects to derive, any financial
or economic benefit.
``(F) Reports required by subsections (a), (b), and (c) of
section 201 shall, with respect to the spouse and dependent
child of the reporting individual, only contain information
listed in paragraphs (1), (3), and (4) of subsection (a), as
specified in this paragraph.
``(2) No report shall be required with respect to a spouse living
separate and apart from the reporting individual with the intention of
terminating the marriage or providing for permanent separation; or with
respect to any income or obligations of an individual arising from the
dissolution of his marriage or the permanent separation from his
spouse.
``(f)(1) Except as provided in paragraph (2), each reporting
individual shall report the information required to be reported
pursuant to subsections (a), (b), and (c) of this section with respect
to the holdings of and the income from a trust or other financial
arrangement from which income is received by, or with respect to which
a beneficial interest in principal or income is held by, such
individual, his spouse, or any dependent child.
``(2) A reporting individual need not report the holdings of or the
source of income from any of the holdings of--
``(A) any qualified blind trust (as defined in paragraph
(3));
``(B) a trust--
``(i) which was not created directly by such
individual, his spouse, or any dependent child, and
``(ii) the holdings or sources of income of which
such individual, his spouse, and any dependent child
have no knowledge of; or
``(C) an entity described under the provisions of paragraph
(8), but such individual shall report the category of the
amount of income received by him, his spouse, or any dependent
child from the entity under subsection (a)(1)(B) of this
section.
``(3) For purposes of this subsection, the term `qualified blind
trust' includes any trust in which a reporting individual, his spouse,
or any minor or dependent child has a beneficial interest in the
principal or income, and which meets the following requirements:
``(A)(i) The trustee of the trust and any other entity
designated in the trust instrument to perform fiduciary duties
is a financial institution, an attorney, a certified public
accountant, a broker, or an investment advisor who--
``(I) is independent of and not associated with any
interested party so that the trustee or other person
cannot be controlled or influenced in the
administration of the trust by any interested party;
``(II) is not and has not been an employee of or
affiliated with any interested party and is not a
partner of, or involved in any joint venture or other
investment with, any interested party; and
``(III) is not a relative of any interested party.
``(ii) Any officer or employee of a trustee or other entity
who is involved in the management or control of the trust--
``(I) is independent of and not associated with any
interested party so that such officer or employee
cannot be controlled or influenced in the
administration of the trust by any interested party;
``(II) is not a partner of, or involved in any
joint venture or other investment with, any interested
party; and
``(III) is not a relative of any interested party.
``(B) Any asset transferred to the trust by an interested
party is free of any restriction with respect to its transfer
or sale unless such restriction is expressly approved by the
Office of Government Ethics.
``(C) The trust instrument which establishes the trust
provides that--
``(i) except to the extent provided in subparagraph
(B) of this paragraph, the trustee in the exercise of
his authority and discretion to manage and control the
assets of the trust shall not consult or notify any
interested party;
``(ii) the trust shall not contain any asset the
holding of which by an interested party is prohibited
by any law or regulation;
``(iii) the trustee shall promptly notify the
reporting individual and the Office of Government
Ethics when the holdings of any particular asset
transferred to the trust by any interested party are
disposed of or when the value of such holding is less
than $1,000;
``(iv) the trust tax return shall be prepared by
the trustee or his designee, and such return and any
information relating thereto (other than the trust
income summarized in appropriate categories necessary
to complete an interested party's tax return), shall
not be disclosed to any interested party;
``(v) an interested party shall not receive any
report on the holdings and sources of income of the
trust, except a report at the end of each calendar
quarter with respect to the total cash value of the
interest of the interested party in the trust or the
net income or loss of the trust or any reports
necessary to enable the interested party to complete an
individual tax return required by law or to provide the
information required by subsection (a)(1) of this
section, but such report shall not identify any asset
or holding;
``(vi) except for communications which solely
consist of requests for distributions of cash or other
unspecified assets of the trust, there shall be no
direct or indirect communication between the trustee
and an interested party with respect to the trust
unless such communication is in writing and unless it
relates only (I) to the general financial interest and
needs of the interested party (including, but not
limited to, an interest in maximizing income or long-
term capital gain), (II) to the notification of the
trustee of a law or regulation subsequently applicable
to the reporting individual which prohibits the
interested party from holding an asset, which
notification directs that the asset not be held by the
trust, or (III) to directions to the trustee to sell
all of an asset initially placed in the trust by an
interested party which in the determination of the
reporting individual creates a conflict of interest or
the appearance thereof due to the subsequent assumption
of duties by the reporting individual (but nothing
herein shall require any such direction); and
``(vii) the interested parties shall make no effort
to obtain information with respect to the holdings of
the trust, including obtaining a copy of any trust tax
return filed or any information relating thereto except
as otherwise provided in this subsection.
``(D) The proposed trust instrument and the proposed
trustee is approved by the Office of Government Ethics.
``(E) For purposes of this subsection, `interested party'
means a reporting individual, his spouse, and any minor or
dependent child; `broker' has the meaning set forth in section
3(a)(4) of the Securities and Exchange Act of 1934 (15 U.S.C.
78c(a)(4)); and `investment adviser' includes any investment
adviser who, as determined under regulations prescribed by the
supervising ethics office, is generally involved in his role as
such an adviser in the management or control of trusts.
``(4)(A) An asset placed in a trust by an interested party shall be
considered a financial interest of the reporting individual, for the
purposes of any applicable conflict of interest statutes, regulations,
or rules of the Federal Government (including section 208 of title 18,
United States Code), until such time as the reporting individual is
notified by the trustee that such asset has been disposed of, or has a
value of less than $1,000.
``(B)(i) The provisions of subparagraph (A) shall not apply with
respect to a trust created for the benefit of a reporting individual,
or the spouse, dependent child, or minor child of such a person, if the
Office of Government Ethics finds that--
``(I) the assets placed in the trust consist of a well-
diversified portfolio of readily marketable securities;
``(II) none of the assets consist of securities of entities
having substantial activities in the area of the reporting
individual's primary area of responsibility;
``(III) the trust instrument prohibits the trustee,
notwithstanding the provisions of paragraph (3)(C) (iii) and
(iv) of this subsection, from making public or informing any
interested party of the sale of any securities;
``(IV) the trustee is given power of attorney,
notwithstanding the provisions of paragraph (3)(C)(v) of this
subsection, to prepare on behalf of any interested party the
personal income tax returns and similar returns which may
contain information relating to the trust; and
``(V) except as otherwise provided in this paragraph, the
trust instrument provides (or in the case of a trust which by
its terms does not permit amendment, the trustee, the reporting
individual, and any other interested party agree in writing)
that the trust shall be administered in accordance with the
requirements of this subsection and the trustee of such trust
meets the requirements of paragraph (3)(A).
``(ii) In any instance covered by subparagraph (B) in which the
reporting individual is an individual whose nomination is being
considered by a congressional committee, the reporting individual shall
inform the congressional committee considering his nomination before or
during the period of such individual's confirmation hearing of his
intention to comply with this paragraph.
``(5)(A) The reporting individual shall, within 30 days after a
qualified blind trust is approved by the Office of Government Ethics,
file with such office a copy of--
``(i) the executed trust instrument of such trust (other
than those provisions which relate to the testamentary
disposition of the trust assets), and
``(ii) a list of the assets which were transferred to such
trust, including the category of value of each asset as
determined under subsection (d) of this section.
This subparagraph shall not apply with respect to a trust meeting the
requirements for being considered a qualified blind trust under
paragraph (7) of this subsection.
``(B) The reporting individual shall, within 30 days of
transferring an asset (other than cash) to a previously established
qualified blind trust, notify the Office of Government Ethics of the
identity of each such asset and the category of value of each asset as
determined under subsection (d) of this section.
``(C) Within 30 days of the dissolution of a qualified blind trust,
a reporting individual shall notify the Office of Government Ethics of
such dissolution.
``(D) Documents filed under subparagraphs (A), (B), and (C) of this
paragraph and the lists provided by the trustee of assets placed in the
trust by an interested party which have been sold shall be made
available to the public in the same manner as a report is made
available under section 205 and the provisions of that section shall
apply with respect to such documents and lists.
``(E) A copy of each written communication with respect to the
trust under paragraph (3)(C)(vi) shall be filed by the person
initiating the communication with the Office of Government Ethics
within 5 days of the date of the communication.
``(6)(A) A trustee of a qualified blind trust shall not knowingly
and willfully, or negligently, (i) disclose any information to an
interested party with respect to such trust that may not be disclosed
under paragraph (3) of this subsection; (ii) acquire any holding the
ownership of which is prohibited by the trust instrument; (iii) solicit
advice from any interested party with respect to such trust, which
solicitation is prohibited by paragraph (3) of this subsection or the
trust agreement; or (iv) fail to file any document required by this
subsection.
``(B) A reporting individual shall not knowingly and willfully, or
negligently, (i) solicit or receive any information with respect to a
qualified blind trust of which he is an interested party that may not
be disclosed under paragraph (3)(C) of this subsection or (ii) fail to
file any document required by this subsection.
``(C)(i) The Attorney General may bring a civil action in any
appropriate United States district court against any individual who
knowingly and willfully violates the provisions of subparagraph (A) or
(B) of this paragraph. The court in which such action is brought may
assess against such individual a civil penalty in any amount not to
exceed $10,000.
``(ii) The Attorney General may bring a civil action in any
appropriate United States district court against any individual who
negligently violates the provisions of subparagraph (A) or (B) of this
paragraph. The court in which such action is brought may assess against
such individual a civil penalty in any amount not to exceed $5,000.
``(7) Any trust may be considered to be a qualified blind trust
if--
``(A) the trust instrument is amended to comply with the
requirements of paragraph (3) or, in the case of a trust
instrument which does not by its terms permit amendment, the
trustee, the reporting individual, and any other interested
party agree in writing that the trust shall be administered in
accordance with the requirements of this subsection and the
trustee of such trust meets the requirements of paragraph
(3)(A); except that in the case of any interested party who is
a dependent child, a parent or guardian of such child may
execute the agreement referred to in this subparagraph;
``(B) a copy of the trust instrument (except testamentary
provisions) and a copy of the agreement referred to in
subparagraph (A), and a list of the assets held by the trust at
the time of approval by the Office of Government Ethics,
including the category of value of each asset as determined
under subsection (d) of this section, are filed with such
office and made available to the public as provided under
paragraph (5)(D) of this subsection; and
``(C) the Director of the Office of Government Ethics
determines that approval of the trust arrangement as a
qualified blind trust is in the particular case appropriate to
assure compliance with applicable laws and regulations.
``(8) A reporting individual shall not be required to report the
financial interests held by a widely held investment fund (whether such
fund is a mutual fund, regulated investment company, pension or
deferred compensation plan, or other investment fund), if--
``(A)(i) the fund is publicly traded; or
``(ii) the assets of the fund are widely diversified; and
``(B) the reporting individual neither exercises control
over nor has the ability to exercise control over the financial
interests held by the fund.
``(9)(A)(i) A reporting individual described in subsection (a) or
(b) of section 201 shall not be required to report the holdings or
sources of income of any trust or investment fund where--
``(I) reporting would result in the disclosure of assets or
sources of income of another person whose interests are not
required to be reported by the reporting individual under this
title;
``(II) the disclosure of such assets and sources of income
is prohibited by contract or the assets and sources of income
are not otherwise publicly available; and
``(III) the reporting individual has executed a written
ethics agreement which contains a general description of the
trust or investment fund and a commitment to divest the
interest in the trust or investment fund not later than 90 days
after the date of the agreement.
``(ii) An agreement described under clause (i)(III) shall be
attached to the public financial disclosure which would otherwise
include a listing of the holdings or sources of income from this trust
or investment fund.
``(B)(i) The provisions of subparagraph (A) shall apply to an
individual described in subsection (d) or (e) of section 201 if--
``(I) the interest in the trust or investment fund is
acquired involuntarily during the period to be covered by the
report, such as through marriage or inheritance, and
``(II) for an individual described in subsection (d), the
individual executes a written ethics agreement containing a
commitment to divest the interest no later than 90 days after
the date on which the report is due.
``(ii) An agreement described under clause (i)(II) shall be
attached to the public financial disclosure which would otherwise
include a listing of the holdings or sources of income from this trust
or investment fund.
``(iii) Failure to divest within the time specified or after an
extension granted by the Director of the Office of Government Ethics
for good cause shown shall result in an immediate requirement to report
as specified in paragraph (1) of this subsection.
``(g) Political campaign funds, including campaign receipts and
expenditures, need not be included in any report filed pursuant to this
title.
``(h) A report filed pursuant to subsection (a), (d), or (e) of
section 201 need not contain the information described in subparagraphs
(A), (B), and (C) of subsection (a)(2) with respect to gifts and
reimbursements received in a period when the reporting individual was
not an officer or employee of the Federal Government.
``(i) A reporting individual shall not be required under this title
to report--
``(1) financial interests in or income derived from--
``(A) any retirement system under title 5, United
States Code (including the Thrift Savings Plan under
subchapter III of chapter 84 of such title); or
``(B) any other retirement system maintained by the
United States for officers or employees of the United
States, including the President, or for members of the
uniformed services; or
``(2) benefits received under the Social Security Act (42
U.S.C. 301 et seq.).
``(j)(1) Every month each designated agency ethics officer shall
submit to the Office of Government Ethics notification of any waiver of
criminal conflict of interest laws granted to any individual in the
preceding month with respect to a filing under this title that is not
confidential.
``(2) Every month the Office of Government Ethics shall make
publicly available on the Internet--
``(A) all notifications of waivers submitted under
paragraph (1) in the preceding month; and
``(B) notification of all waivers granted by the Office of
Government Ethics in the preceding month.
``(k) A full copy of any waiver of criminal conflict of interest
laws granted shall be included with any filing required under this
title with respect to the year in which the waiver is granted.
``(l) The Office of Government Ethics shall provide upon request
any waiver on file for which notice has been published.
``SEC. 203. FILING OF REPORTS.
``(a) Except as otherwise provided in this section, the reports
required under this title shall be filed by the reporting individual
with the designated agency ethics official at the agency by which he is
employed (or in the case of an individual described in section 201(e),
was employed) or in which he will serve. The date any report is
received (and the date of receipt of any supplemental report) shall be
noted on such report by such official.
``(b) The President and the Vice President shall file reports
required under this title with the Director of the Office of Government
Ethics.
``(c) Copies of the reports required to be filed under this title
by the Postmaster General, the Deputy Postmaster General, the Governors
of the Board of Governors of the United States Postal Service,
designated agency ethics officials, employees described in section
105(a)(2) (A) or (B), 106(a)(1) (A) or (B), or 107 (a)(1)(A) or
(b)(1)(A)(i), of title 3, United States Code, candidates for the office
of President or Vice President and officers and employees in (and
nominees to) offices or positions within the executive branch which
require confirmation by the Senate shall be transmitted to the Director
of the Office of Government Ethics. The Director shall forward a copy
of the report of each nominee to the congressional committee
considering the nomination.
``(d) Reports required to be filed under this title by the Director
of the Office of Government Ethics shall be filed in the Office of
Government Ethics and, immediately after being filed, shall be made
available to the public in accordance with this title.
``(e) Each individual identified in section 201(c) who is a
candidate for nomination or election to the Office of President or Vice
President shall file the reports required by this title with the
Federal Election Commission.
``(f) Reports required of members of the uniformed services shall
be filed with the Secretary concerned.
``(g) The Office of Government Ethics shall develop and make
available forms for reporting the information required by this title.
``SEC. 204. FAILURE TO FILE OR FILING FALSE REPORTS.
``(a) The Attorney General may bring a civil action in any
appropriate United States district court against any individual who
knowingly and willfully falsifies or who knowingly and willfully fails
to file or report any information that such individual is required to
report pursuant to section 202. The court in which such action is
brought may assess against such individual a civil penalty in any
amount, not to exceed $10,000.
``(b) The head of each agency, each Secretary concerned, or the
Director of the Office of Government Ethics, as the case may be, shall
refer to the Attorney General the name of any individual which such
official has reasonable cause to believe has willfully failed to file a
report or has willfully falsified or willfully failed to file
information required to be reported.
``(c) The President, the Vice President, the Secretary concerned,
or the head of each agency may take any appropriate personnel or other
action in accordance with applicable law or regulation against any
individual failing to file a report or falsifying or failing to report
information required to be reported.
``(d)(1) Any individual who files a report required to be filed
under this title more than 30 days after the later of--
``(A) the date such report is required to be filed pursuant
to the provisions of this title and the rules and regulations
promulgated thereunder; or
``(B) if a filing extension is granted to such individual
under section 201(g), the last day of the filing extension
period,
shall, at the direction of and pursuant to regulations issued by the
Office of Government Ethics, pay a filing fee of $500. All such fees
shall be deposited in the miscellaneous receipts of the Treasury. The
authority under this paragraph to direct the payment of a filing fee
may be delegated by the Office of Government Ethics to other agencies
in the executive branch.
``(2) The Office of Government Ethics may waive the filing fee
under this subsection for good cause shown.
``SEC. 205. CUSTODY OF AND PUBLIC ACCESS TO REPORTS.
``(a) Each agency and the Office of Government Ethics shall make
available to the public, in accordance with subsection (b), each report
filed under this title with such agency or Office except that this
section does not require public availability of a report filed by any
individual in the Central Intelligence Agency, the Defense Intelligence
Agency, the National Imagery and Mapping Agency, or the National
Security Agency, or any individual engaged in intelligence activities
in any agency of the United States, if the President finds or has found
that, due to the nature of the office or position occupied by such
individual, public disclosure of such report would, by revealing the
identity of the individual or other sensitive information, compromise
the national interest of the United States; and such individuals may be
authorized, notwithstanding section 204(a), to file such additional
reports as are necessary to protect their identity from public
disclosure if the President first finds or has found that such filing
is necessary in the national interest.
``(b)(1) Except as provided in the second sentence of this
subsection, each agency and the Office of Government Ethics shall,
within 30 days after any report is received under this title by such
agency or Office, as the case may be, permit inspection of such report
by or furnish a copy of such report to any person requesting such
inspection or copy. With respect to any report required to be filed by
May 15 of any year, such report shall be made available for public
inspection within 30 calendar days after May 15 of such year or within
30 days of the date of filing of such a report for which an extension
is granted pursuant to section 201(g). The agency or the Office of
Government Ethics may require a reasonable fee to be paid in any amount
which is found necessary to recover the cost of reproduction or mailing
of such report excluding any salary of any employee involved in such
reproduction or mailing. A copy of such report may be furnished
without charge or at a reduced charge if it is determined that waiver
or reduction of the fee is in the public interest.
``(2) Notwithstanding paragraph (1), a report may not be made
available under this section to any person nor may any copy thereof be
provided under this section to any person except upon a written
application by such person stating--
``(A) that person's name, occupation, and address;
``(B) the name and address of any other person or
organization on whose behalf the inspection or copy is
requested; and
``(C) that such person is aware of the prohibitions on the
obtaining or use of the report.
Any such application shall be made available to the public throughout
the period during which the report is made available to the public.
``(c)(1) It shall be unlawful for any person to obtain or use a
report--
``(A) for any unlawful purpose;
``(B) for any commercial purpose, other than by news and
communications media for dissemination to the general public;
``(C) for determining or establishing the credit rating of
any individual; or
``(D) for use, directly or indirectly, in the solicitation
of money for any political, charitable, or other purpose.
``(2) The Attorney General may bring a civil action against any
person who obtains or uses a report for any purpose prohibited in
paragraph (1) of this subsection. The court in which such action is
brought may assess against such person a penalty in any amount not to
exceed $10,000. Such remedy shall be in addition to any other remedy
available under statutory or common law.
``(d) Any report filed with or transmitted to an agency or the
Office of Government Ethics pursuant to this title shall be retained by
such agency or Office, as the case may be. Such report shall be made
available to the public for a period of 6 years after receipt of the
report. After such 6-year period the report shall be destroyed unless
needed in an ongoing investigation, except that in the case of an
individual who filed the report pursuant to section 201(b) and was not
subsequently confirmed by the Senate, or who filed the report pursuant
to section 201(c) and was not subsequently elected, such reports shall
be destroyed 1 year after the individual either is no longer under
consideration by the Senate or is no longer a candidate for nomination
or election to the Office of President or Vice President unless needed
in an ongoing investigation.
``SEC. 206. REVIEW OF REPORTS.
``(a) Each designated agency ethics official or Secretary concerned
shall make provisions to ensure that each report filed with him under
this title is reviewed within 60 days after the date of such filing,
except that the Director of the Office of Government Ethics shall
review only those reports required to be transmitted to him under this
title within 60 days after the date of transmittal.
``(b)(1) If after reviewing any report under subsection (a), the
Director of the Office of Government Ethics, the Secretary concerned,
or the designated agency ethics official, as the case may be, is of the
opinion that on the basis of information contained in such report the
individual submitting such report is in compliance with applicable laws
and regulations, he shall state such opinion on the report, and shall
sign such report.
``(2) If the Director of the Office of Government Ethics, the
Secretary concerned, or the designated agency ethics official after
reviewing any report under subsection (a)--
``(A) believes additional information is required to be
submitted to complete the form or to perform a conflict of
interest analysis, he shall notify the individual submitting
such report what additional information is required and the
time by which it must be submitted, or
``(B) is of the opinion, on the basis of information
submitted, that the individual is not in compliance with
applicable laws and regulations, he shall notify the
individual, afford a reasonable opportunity for a written or
oral response, and after consideration of such response, reach
an opinion as to whether or not, on the basis of information
submitted, the individual is in compliance with such laws and
regulations.
``(3) If the Director of the Office of Government Ethics, the
Secretary concerned, or the designated agency ethics official reaches
an opinion under paragraph (2)(B) that an individual is not in
compliance with applicable laws and regulations, the official shall
notify the individual of that opinion and, after an opportunity for
personal consultation (if practicable), determine and notify the
individual of which steps, if any, would in the opinion of such
official be appropriate for assuring compliance with such laws and
regulations and the date by which such steps should be taken. Such
steps may include, as appropriate--
``(A) divestiture,
``(B) restitution,
``(C) the establishment of a blind trust,
``(D) request for an exemption under section 208(b) of
title 18, United States Code, or
``(E) voluntary request for transfer, reassignment,
limitation of duties, or resignation.
The use of any such steps shall be in accordance with such rules or
regulations as the Office of Government Ethics may prescribe.
``(4) If steps for assuring compliance with applicable laws and
regulations are not taken by the date set under paragraph (3) by an
individual in a position in the executive branch (other than in the
Foreign Service or the uniformed services), appointment to which
requires the advice and consent of the Senate, the matter shall be
referred to the President for appropriate action.
``(5) If steps for assuring compliance with applicable laws and
regulations are not taken by the date set under paragraph (3) by a
member of the Foreign Service or the uniformed services, the Secretary
concerned shall take appropriate action.
``(6) If steps for assuring compliance with applicable laws and
regulations are not taken by the date set under paragraph (3) by any
other officer or employee, the matter shall be referred to the head of
the appropriate agency for appropriate action; except that in the case
of the Postmaster General or Deputy Postmaster General, the Director of
the Office of Government Ethics shall recommend to the Governors of the
Board of Governors of the United States Postal Service the action to be
taken.
``(7) The Office of Government Ethics may render advisory opinions
interpreting this title. Notwithstanding any other provision of law,
the individual to whom a public advisory opinion is rendered in
accordance with this paragraph, and any other individual covered by
this title who is involved in a fact situation which is
indistinguishable in all material aspects, and who acts in good faith
in accordance with the provisions and findings of such advisory opinion
shall not, as a result of such act, be subject to any penalty or
sanction provided by this title.
``SEC. 207. CONFIDENTIAL REPORTS AND OTHER ADDITIONAL REQUIREMENTS.
``(a)(1) The Office of Government Ethics may require officers and
employees of the executive branch (including special Government
employees as defined in section 202 of title 18, United States Code) to
file confidential financial disclosure reports, in such form as it may
prescribe. The information required to be reported under this
subsection by the officers and employees of any department or agency
shall be set forth in rules or regulations prescribed by the Office of
Government Ethics, and may be less extensive than otherwise required by
this title, or more extensive when determined by the Office of
Government Ethics to be necessary and appropriate in light of sections
202 through 209 of title 18, United States Code, regulations
promulgated thereunder, or the authorized activities of such officers
or employees. Any individual required to file a report pursuant to
section 201 shall not be required to file a confidential report
pursuant to this subsection, except with respect to information which
is more extensive than information otherwise required by this title.
Subsections (a), (b), and (d) of section 205 shall not apply with
respect to any such report.
``(2) Any information required to be provided by an individual
under this subsection shall be confidential and shall not be disclosed
to the public.
``(3) Nothing in this subsection exempts any individual otherwise
covered by the requirement to file a public financial disclosure report
under this title from such requirement.
``(b) The provisions of this title requiring the reporting of
information shall supersede any general requirement under any other
provision of law or regulation with respect to the reporting of
information required for purposes of preventing conflicts of interest
or apparent conflicts of interest. Such provisions of this title shall
not supersede the requirements of section 7342 of title 5, United
States Code.
``(c) Nothing in this Act requiring reporting of information shall
be deemed to authorize the receipt of income, gifts, or reimbursements;
the holding of assets, liabilities, or positions; or the participation
in transactions that are prohibited by law, Executive order, rule, or
regulation.
``SEC. 208. AUTHORITY OF COMPTROLLER GENERAL.
``The Comptroller General shall have access to financial disclosure
reports filed under this title for the purposes of carrying out his
statutory responsibilities.
``SEC. 209. DEFINITIONS.
``For the purposes of this title, the term--
``(1) `dependent child' means, when used with respect to
any reporting individual, any individual who is a son,
daughter, stepson, or stepdaughter and who--
``(A) is unmarried and under age 21 and is living
in the household of such reporting individual; or
``(B) is a dependent of such reporting individual
within the meaning of section 152 of the Internal
Revenue Code of 1986 (26 U.S.C. 152);
``(2) `designated agency ethics official' means an officer
or employee who is designated to administer the provisions of
this title within an agency;
``(3) `executive branch' includes each Executive agency (as
defined in section 105 of title 5, United States Code), other
than the General Accounting Office, and any other entity or
administrative unit in the executive branch;
``(4) `gift' means a payment, advance, forbearance,
rendering, or deposit of money, or any thing of value, unless
consideration of equal or greater value is received by the
donor, but does not include--
``(A) bequest and other forms of inheritance;
``(B) suitable mementos of a function honoring the
reporting individual;
``(C) food, lodging, transportation, and
entertainment provided by a foreign government within a
foreign country or by the United States Government, the
District of Columbia, or a State or local government or
political subdivision thereof;
``(D) food and beverages which are not consumed in
connection with a gift of overnight lodging;
``(E) communications to the offices of a reporting
individual, including subscriptions to newspapers and
periodicals; or
``(F) items that are accepted pursuant to or are
required to be reported by the reporting individual
under section 7342 of title 5, United States Code.
``(5) `honoraria' means a payment of money or anything of
value for an appearance, speech, or article;
``(6) `income' means all income from whatever source
derived, including but not limited to the following items:
compensation for services, including fees, commissions, and
similar items; gross income derived from business (and net
income if the individual elects to include it); gains derived
from dealings in property; interest; rents; royalties; prizes
and awards; dividends; annuities; income from life insurance
and endowment contracts; pensions; income from discharge of
indebtedness; distributive share of partnership income; and
income from an interest in an estate or trust;
``(7) `personal hospitality of any individual' means
hospitality extended for a nonbusiness purpose by an
individual, not a corporation or organization, at the personal
residence of that individual or his family or on property or
facilities owned by that individual or his family;
``(8) `reimbursement' means any payment or other thing of
value received by the reporting individual, other than gifts,
to cover travel-related expenses of such individual other than
those which are--
``(A) provided by the United States Government, the
District of Columbia, or a State or local government or
political subdivision thereof;
``(B) required to be reported by the reporting
individual under section 7342 of title 5, United States
Code; or
``(C) required to be reported under section 304 of
the Federal Election Campaign Act of 1971 (2 U.S.C.
434);
``(9) `relative' means an individual who is related to the
reporting individual, as father, mother, son, daughter,
brother, sister, uncle, aunt, great aunt, great uncle, first
cousin, nephew, niece, husband, wife, grandfather, grandmother,
grandson, granddaughter, father-in-law, mother-in-law, son-in-
law, daughter-in-law, brother-in-law, sister-in-law,
stepfather, stepmother, stepson, stepdaughter, stepbrother,
stepsister, half brother, half sister, or who is the
grandfather or grandmother of the spouse of the reporting
individual, and shall be deemed to include the fiance or
fiancee of the reporting individual;
``(10) `Secretary concerned' has the meaning set forth in
section 101(a)(9) of title 10, United States Code, and, in
addition, means--
``(A) the Secretary of Commerce, with respect to
matters concerning the National Oceanic and Atmospheric
Administration;
``(B) the Secretary of Health and Human Services,
with respect to matters concerning the Public Health
Service; and
``(C) the Secretary of State, with respect to
matters concerning the Foreign Service; and
``(11) `value' means a good faith estimate of the dollar
value if the exact value is neither known nor easily obtainable
by the reporting individual.
``SEC. 210. NOTICE OF ACTIONS TAKEN TO COMPLY WITH ETHICS AGREEMENTS.
``(a) In any case in which an individual agrees with that
individual's designated agency ethics official, the Office of
Government Ethics, or a Senate confirmation committee, to take any
action to comply with this Act or any other law or regulation governing
conflicts of interest of, or establishing standards of conduct
applicable with respect to, officers or employees of the Government,
that individual shall notify in writing the designated agency ethics
official, the Office of Government Ethics, or the appropriate committee
of the Senate, as the case may be, of any action taken by the
individual pursuant to that agreement. Such notification shall be made
not later than the date specified in the agreement by which action by
the individual must be taken, or not later than 3 months after the date
of the agreement, if no date for action is so specified. If all actions
agreed to have not been completed by the date of this notification,
such notification shall continue on a monthly basis thereafter until
the individual has met the terms of the agreement.
``(b) If an agreement described in subsection (a) requires that the
individual recuse himself or herself from particular categories of
agency or other official action, the individual shall reduce to writing
those subjects regarding which the recusal agreement will apply and the
process by which it will be determined whether the individual must
recuse himself or herself in a specific instance. An individual shall
be considered to have complied with the requirements of subsection (a)
with respect to such recusal agreement if such individual files a copy
of the document setting forth the information described in the
preceding sentence with such individual's designated agency ethics
official or the Office of Government Ethics within the time prescribed
in the penultimate sentence of subsection (a).
``SEC. 211. ADMINISTRATION OF PROVISIONS.
``The Office of Government Ethics shall issue regulations, develop
forms, and provide such guidance as is necessary to implement and
interpret this title.''.
SEC. 5. TRANSMITTAL OF RECORD RELATING TO PRESIDENTIALLY APPOINTED
POSITIONS TO PRESIDENTIAL CANDIDATES.
(a) Definition.--In this section, the term ``major party'' has the
meaning given that term under section 9002(6) of the Internal Revenue
Code of 1986.
(b) Transmittal.--
(1) In general.--Not later than 15 days after the date on
which a major party nominates a candidate for President, the
Executive Clerk of the White House shall transmit an electronic
record to that candidate on Presidentially appointed positions.
(2) Other candidates.--After making transmittals under
paragraph (1), the Executive Clerk of the White House may
transmit an electronic record on Presidentially appointed
positions to any other candidate for President.
(b) Content.--The record transmitted under this section shall
provide--
(1) all positions which are appointed by the President,
including the title and description of the duties of each
position;
(2) the name of each person holding a position described
under paragraph (1);
(3) any vacancy in the positions described under paragraph
(1), and the period of time any such position has been vacant;
(4) the date on which an appointment made after the
applicable Presidential election for any position described
under paragraph (1) is necessary to ensure effective operation
of the Government; and
(5) any other information that the Executive Clerk
determines is useful in making appointments.
SEC. 6. REDUCTION OF POSITIONS REQUIRING APPOINTMENT WITH SENATE
CONFIRMATION.
(a) Definition.--In this section, the term ``agency'' means an
Executive agency as defined under section 105 of title 5, United States
Code.
(b) Reduction Plan.--
(1) In general.--Not later than 180 days after the date of
enactment of this Act, the head of each agency shall submit a
Presidential appointment reduction plan to--
(A) the President;
(B) the Committee on Governmental Affairs of the
Senate; and
(C) the Committee on Government Reform of the House
of Representatives.
(2) Content.--The plan under this subsection shall provide
for the reduction of--
(A) the number of positions within that agency that
require an appointment by the President, by and with
the advice and consent of the Senate; and
(B) the number of levels of such positions within
that agency.
SEC. 7. ATTORNEY GENERAL REVIEW OF CONFLICT OF INTEREST LAW.
(a) In General.--Not later than 180 days after the date of
enactment of this Act, the Director of the Office of Government Ethics,
in consultation with the Attorney General of the United States, shall
conduct a comprehensive review of conflict of interest laws relating to
Federal employment and submit a report to--
(1) the President;
(2) the Committee on Governmental Affairs of the Senate;
(3) the Committee on the Judiciary of the Senate;
(4) the Committee on Government Reform of the House of
Representatives; and
(5) the Committee on the Judiciary of the House of
Representatives.
(b) Content.--The report under this section shall--
(1) examine all--
(A) Federal criminal conflict of interest laws
relating to Federal employment, including the relevant
provisions of chapter 11 of title 18, United States
Code; and
(B) related civil conflict of interest laws,
including regulations promulgated under section 402 of
the Ethics in Government Act of 1978 (5 U.S.C. App.);
and
(2) make recommendations on legislation to provide for--
(A) better coordination of such laws; and
(B) more uniformity, efficiency, and clarity in the
application and administration of such laws.
SEC. 8. EFFECTIVE DATE.
(a) Amendments to Ethics in Government Act of 1978.--
(1) In general.--Subject to subsection (b), the amendments
made by sections 3 and 4 shall take effect on January 1 of the
year following the date of enactment of this Act.
(2) Later date.--If the date of enactment of this Act is on
or after July 1 of any calendar year, the amendments made by
sections 3 and 4 shall take effect on July 1 in the year
following the date of enactment of this Act.
(b) Other Provisions.--Sections 1, 2, 5, 6, and 7 shall take effect
on the date of enactment of this Act.
<all>
Introduced in Senate
Sponsor introductory remarks on measure. (CR S13053-13057)
Read twice and referred to the Committee on Governmental Affairs.
Committee on Governmental Affairs. Ordered to be reported with amendments favorably.
Committee on Governmental Affairs. Reported by Senator Lieberman with amendments. With written report No. 107-152. Additional views filed.
Committee on Governmental Affairs. Reported by Senator Lieberman with amendments. With written report No. 107-152. Additional views filed.
Placed on Senate Legislative Calendar under General Orders. Calendar No. 378.
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