No official summary available for this bill.
[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 8489 Introduced in House (IH)]
<DOC>
118th CONGRESS
2d Session
H. R. 8489
To amend title 5, United States Code, to require additional ethics
disclosures for the President, Vice President, and their family
members, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
May 22, 2024
Mr. Comer (for himself and Ms. Porter) introduced the following bill;
which was referred to the Committee on Oversight and Accountability
_______________________________________________________________________
A BILL
To amend title 5, United States Code, to require additional ethics
disclosures for the President, Vice President, and their family
members, and for other purposes.
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 Ethics Reform Act''.
SEC. 2. ADDITIONAL REPORTING REQUIREMENTS FOR PRESIDENTS AND VICE
PRESIDENTS.
(a) Additional Ethics Reporting Requirements for Presidents and
Vice Presidents.--Section 13103 of title 5, United States Code, is
amended--
(1) by redesignating subsection (i) as subsection (j);
(2) by inserting after subsection (h) the following new
subsection:
``(i) Additional Ethics Reports for Presidents and Vice
Presidents.--
``(1) Upon entering.--Within 30 days of assuming the office
of President or Vice President, an individual shall file a
report containing the information described in each of
subsections (j) through (m) of section 13104 with respect to
the 2 years preceding the assumption of such office.
``(2) Additional annual reports.--Any individual who
occupies the office of President or Vice President shall file
on or before May 15 a report containing, with respect to the
prior calendar year for which such individual occupies the
office, the information described in each of subsections (j)
through (o) of section 13104.
``(3) Post-departure reports.--
``(A) Initial post-departure report.--Following the
date on which an individual ceases to occupy the office
of President or Vice President, such individual shall
file a report containing, with respect to the final
calendar year during which such individual occupied the
office and any applicable partial calendar year
immediately preceding such date, the information
described in each of subsections (j) through (o) of
section 13104--
``(i) on or before the first-occurring May
15 after the full regular term in office of the
individual has ended; or
``(ii) within 30 calendar days of the date
that such individual ceases to occupy office if
such date is prior to the end of their full
regular term in office.
``(B) Subsequent post-departure reports.--Beginning
on the date that is one year after the date on which an
individual ceased to occupy the office of President or
Vice President and annually thereafter, such individual
shall file on or before May 15 a report containing,
with respect to the prior year, the information
described in each of subsections (j) through (m) of
section 13104.
``(C) Duration.--The requirement under subparagraph
(B) ends on the first-occurring May 15 following the
date that is 2 years after the date on which such
individual ceased to occupy such office.
``(4) Reports requiring periodic updates.--With respect to
an individual required to submit a report under paragraphs (1)
through (3), such individual shall--
``(A) with respect to subsection (n), submit an
addendum to the report required under paragraphs (2)
and (3)(A) to the entities under paragraph (5)(A)
within 30 days of a new conflict of interest becoming
known; and
``(B) with respect to subsection (o), submit an
addendum to the report required under paragraphs (2)
and (3)(A) to the entities designated under paragraph
(5) within 30 days of a relative accompanying such
individual on official travel.
``(5) Submission of reports.--
``(A) In general.--Each report or addendum required
to be submitted under this subsection shall be
submitted to the following entities:
``(i) The Committee on Oversight and
Accountability of the House of Representatives.
``(ii) The Judiciary Committee of the
Senate.
``(iii) The Director of the Office of
Government Ethics to be made publicly available
by the Director within 30 days of receipt, in
conformity with the requirements under
paragraph (6).
``(B) Additional entities.--In the case of
subsection (o), the report or addendum shall also be
submitted to the following:
``(i) The Committee on Armed Services of
the House of Representatives.
``(ii) The Permanent Select Committee on
Intelligence of the House of Representatives.
``(iii) The Committee on Armed Services of
the Senate.
``(iv) The Select Committee on Intelligence
of the Senate.
``(v) The Director of the White House
Military Office to be made publicly available
by the Director within 30 days of receipt, in
conformity with the requirements under
paragraph (6).
``(6) Availability of reports.--The applicable reports
under paragraph (5) shall be made publicly available on a
website, which may utilize an existing government website, in a
manner that--
``(A) allows the public to search, sort, filter,
and download reports by the category of additional
reports required under this subsection, the filer name
or name of the filer's relative, or a date or the date
range of the period covered by the report; and
``(B) is fully compliant with the web design
requirements under subsection (a) of section 3 of the
21st Century Integrated Digital Experience Act (44
U.S.C. 3501 note).''; and
(3) in subsection (j) as redesignated by paragraph (1), by
inserting ``, except subsection (i),'' after ``under this
section''.
(b) Contents of Additional Ethics Reports.--Section 13104 of title
5, United States Code, is amended by adding at the end the following
new subsections:
``(j) Gifts.--Each report filed pursuant to section 13103(i) shall
include a full and complete statement with respect to each gift valued
at more than $10,000--
``(1) received by such individual during the applicable
time period from a relative; and
``(2) received by a relative during the applicable time
period.
``(k) Loans.--Each report filed pursuant to section 13103(i) shall
include a full and complete statement with respect to all loans or loan
repayments, including the terms and repayment schedules of each such
loan or loan repayment, made during the applicable time period--
``(1) to such individual by a relative; or
``(2) to a relative of such an individual in an amount
greater than $10,000, other than commercial loans or repayments
thereof, which may include loans that have customary interest
rates based on commonly accepted categories of loans and that
are evidenced by a written instrument between parties that
defines the terms of repayment.
``(l) Foreign Payments.--
``(1) Each report filed pursuant to section 13103(i) shall
include a full and complete statement with respect to any
payment, transfer, or other item of value received during the
applicable time period by such individual or a relative of such
individual from a foreign principal or a foreign principal's
agent, representative, employee, or servant.
``(2) In this subsection, the term `foreign principal'
includes--
``(A) a government of a foreign country and a
foreign political party;
``(B) a person outside of the United States, unless
it is established that such person is an individual and
a citizen of and domiciled within the United States, or
that such person is not an individual and is organized
under or created by the laws of the United States or of
any State or other place subject to the jurisdiction of
the United States and has its principal place of
business within the United States; and
``(C) a partnership, association, corporation,
organization or other combination of persons organized
under the laws of or having its principal place of
business in a foreign country.
``(m) Federal Income Tax Returns.--
``(1) In general.--Each report filed pursuant to section
13103(i) shall include a copy of each applicable Federal income
tax return with respect to the reporting individual for any
taxable year which ends in or with the time period covered by
such report. In the case of any such income tax return which is
not filed with the Internal Revenue Service before the date on
which such report is filed, such return shall be submitted
under section 13103(i) not later than 30 days after the date
that such income tax return is filed with the Internal Revenue
Service.
``(2) Confidentiality.--Before making publicly available
any income tax return under this subchapter, the Director of
the Office of Government Ethics shall redact such information
as the Director determines is necessary for protecting against
identity theft, such as social security numbers.
``(3) Applicable federal income tax return.--For purposes
of this subsection, the term `applicable Federal income tax
return' means any Federal income tax return of--
``(A) a reporting individual;
``(B) an individual who is married (within the
meaning of section 7703(a) of the Internal Revenue Code
of 1986) to a reporting individual for the taxable year
to which such return relates;
``(C) any corporation or partnership which is
controlled by any individual described in subparagraph
(A) or (B) at any time during the taxable year to which
such return relates;
``(D) the estate of any person described in (A) or
(B) or any estate with respect to which any person
described in subparagraph (A), (B), or (C) is an
executor, or beneficiary at any time during the taxable
year to which such return relates; and
``(E) any trust with respect to which any person
described in subparagraph (A), (B), (C), or (D) is a
grantor, fiduciary or beneficiary, or for which another
trust described in this subparagraph is a grantor or
beneficiary, at any time during the taxable year to
which such return relates.
Such term shall include any schedule, attachment, or other
document filed with such return.
``(4) Control.--For purposes of paragraph (3)(C)--
``(A) In general.--Except as otherwise provided in
this paragraph, control shall be determined under the
rules of paragraphs (2) and (3) of section 6038(e) of
the Internal Revenue Code of 1986 (determined without
regard to subparagraphs (A) and (B) of such paragraph
(2) and without regard to subparagraph (C) of paragraph
(3) thereof).
``(B) Restriction on family attribution.--
``(i) In general.--Except as provided in
clause (ii), for purposes of applying
subparagraph (A)--
``(I) section 318 of the Internal
Revenue Code of 1986 shall be applied
without regard to subsection
(a)(1)(A)(ii) thereof; and
``(II) section 267(c) of the
Internal Revenue Code of 1986 shall be
applied by treating the family of an
individual as including only such
individual's spouse (in lieu of the
application of paragraph (4) thereof).
``(ii) Exception for recent transfer to
family members.--For purposes of determining
whether any corporation or partnership is
controlled by a reporting individual under
paragraph (3)(C) for any taxable year, clause
(i) shall not apply if such corporation or
partnership was controlled by such reporting
individual (after application of clause (i)) at
any time during the 4 immediately preceding
taxable years.
``(5) Application to amended returns.--For purposes of this
paragraph (1), any amendment or supplement to a return of tax
shall be treated as for the taxable year to which the
underlying return relates.
``(n) Conflicts of Interest.--
``(1) In general.--Each report filed pursuant to section
13103(i) shall include a full and complete statement with
respect to each instance during the applicable time period in
which the reporting individual or a relative of such
individual--
``(A) knows that a particular matter involving
specific parties had a direct effect or is likely to
have both a direct and predictable effect on the
financial interest of such individual or such relative;
or
``(B) knows that a person with whom the individual
or such relative has a covered relationship, as
described in paragraph (2), is or represents a party to
such matter.
``(2) Covered relationship.--With respect to a particular
matter involving specific parties, an individual or relative
has a covered relationship with such a party or a
representative of such a party if the individual or relative--
``(A) has served, is serving, or is seeking to
serve as an officer, director, trustee, general
partner, agent, attorney, consultant, contractor or
employee of the party or a representative;
``(B) otherwise has or seeks a business,
contractual, or other financial relationship with the
party or a representative that involves other than a
routine consumer transaction;
``(C) is a member of the household of the party or
is otherwise a family member of the party or a
representative with a close personal relationship; or
``(D) is otherwise an active participant in an
organization in which the party or a representative is
also an active participant.
``(3) Definitions.--In this subsection:
``(A) Direct and predictable effect.--For the
purposes of the term `direct and predictable effect'--
``(i) a `direct effect' (of a particular
matter on a financial interest)--
``(I) is characterized by a close
causal link between any decision or
action to be taken in the matter and
any effect or expected effect of the
matter on the financial interest, even
if the effect does not occur
immediately;
``(II) is not characterized by--
``(aa) an attenuated chain
of causation or a chain of
causation contingent upon the
occurrence of events that are
speculative or that are
independent of, and unrelated
to, the matter; or
``(bb) an effect on a
financial interest only as a
consequence of effects on the
general economy; and
``(ii) a `predictable effect' (of a
particular matter on a financial interest) is
characterized by a reasonable expectation of a
real, as opposed to a speculative possibility,
that the matter will affect the financial
interest regardless of whether the magnitude of
the gain or loss be known, or the dollar amount
of the gain or loss is immaterial.
``(B) Particular matter involving specific
parties.--The term `particular matter involving
specific parties' means any judicial or other
proceeding, application, request for a ruling or other
determination, contract, claim, controversy,
investigation, charge, accusation, arrest or other
particular matter involving a specific party or parties
in which the United States is a party or has a direct
and substantial interest.
``(o) Accompaniment on Official Travel.--
``(1) In general.--Each report or addendum filed pursuant
to section 13103(i) shall, with respect to the applicable time
period, include a full and complete statement with respect to
the following:
``(A) Each instance on which a relative (other than
a minor child) accompanied the reporting individual on
official travel and a description of the official
purpose for the relative to accompany the reporting
individual, including a listing of related events and
meetings on the trip which the relative attended.
``(B) Each instance on which the accompaniment of
the relative under subparagraph (A) also related to a
commercial purpose.
``(C) A description of each commercial purpose
under subparagraph (B) to which the accompaniment under
subparagraph (A) is related.
``(D) The name, professional title or role, and
associated entity of each person involved in any
meeting or other engagement or activity with the
relative relating to each commercial purpose described
in subparagraph (C).
``(E) Each instance on which the accompaniment of
the relative under subparagraph (A) included a meeting
with a foreign principal that otherwise exceeded the
scope of the official purpose of the travel described
in subparagraph (A).
``(2) Classified annex.--The reporting individual may
submit a classified annex to the report or addendum required
under this subsection to protect properly classified national
security information.
``(p) Information Relating to Relatives.--
``(1) In case of estrangement.--With respect to each report
or addendum required by section 13103(i) containing the
information required in each of subsections (j) through (o),
the reporting individual may exclude the information of any
relative if the reporting individual--
``(A) certifies to the Director of the Office of
Government Ethics that the reporting individual--
``(i) engaged in a sustained and diligent
effort to contact or connect with any such
relative in order to acquire the relevant
information from any such relative; and
``(ii) is unable to acquire relevant
information from any such relative to comply
with the reporting requirements under
subsections (j) through (o) despite the effort
engaged in under clause (i); and
``(B) provides documentation of such engagement.
``(2) In case of relative who is a federal employee or
officeholder.--With respect to each report or addendum required
by section 13103(i) containing the information required in each
of subsections (j) through (o), the reporting individual may
exclude the information of any relative if the reporting
individual certifies to the Director of the Office of
Government Ethics that such information is required to be
disclosed by such relative under other provisions of this
subchapter.
``(3) Definition of relative.--With respect to each report
or addendum required by section 13103(i) containing the
information required in each of subsections (j) through (o),
the term `relative' means any of the following:
``(A) Father.
``(B) Mother.
``(C) Son.
``(D) Daughter.
``(E) Brother.
``(F) Sister.
``(G) Husband.
``(H) Wife.
``(I) Father-In-Law.
``(J) Mother-In-Law.
``(K) Son-In-Law.
``(L) Daughter-In-Law.
``(M) Brother-In-Law.
``(N) Sister-In-Law.
``(O) Stepfather.
``(P) Stepmother.
``(Q) Stepson.
``(R) Stepdaughter.
``(S) Stepbrother.
``(T) Stepsister.
``(U) Half-Brother.
``(V) Half-Sister.''.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Oversight and Accountability.
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