< Back to S. 1811 (107th Congress, 2001–2002)

Text of the Presidential Appointments Improvement Act of 2002

This bill was introduced on March 21, 2002, in a previous session of Congress, but was not enacted. The text of the bill below is as of May 16, 2002 (Reported by Senate Committee).

Source: GPO

S 1811 RS

Calendar No. 378

107th CONGRESS

2d Session

S. 1811

[Report No. 107-152]

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

May 16 (legislative day, MAY 9), 2002

Reported by Mr. LIEBERMAN, with amendments

[Omit the part struck through and insert the part printed in italic]


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 [Struck out->] 2001 [<-Struck out] 2002’.

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, [Struck out->] the Office of Technology Assessment, [<-Struck out] 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, [Struck out->] 2001, and apply to filings through calendar year 2001. [<-Struck out] 2005, and apply to filings through calendar year 2005.

    ‘(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 [Struck out->] Technology Assessment [<-Struck out] Compliance; 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 [Struck out->] such individual’s designated agency ethics official or [<-Struck out] 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.

    (c) 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.

Calendar No. 378

107th CONGRESS

2d Session

S. 1811

[Report No. 107-152]

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.


May 16 (legislative day, MAY 9), 2002

Reported with amendments