I 

115TH CONGRESS 

2D SESSION H. R. 7167 

To strengthen transparency and accountability within the Federal 

Government, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

NOVEMBER 20, 2018 

Mr. TED LIEU of California (for himself, Mr. CICILLINE, Ms. ESHOO, Mr. 

GALLEGO, and Ms. SA ́NCHEZ) introduced the following bill; which was referred to the Committee on Oversight and Government Reform, and in 

addition to the Committees on the Judiciary, and Ways and Means, for 

a period to be subsequently determined by the Speaker, in each case for 

consideration of such provisions as fall within the jurisdiction of the committee concerned 

A BILL 

To strengthen transparency and accountability within the 

Federal Government, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

4 (a) SHORT TITLE.—This Act may be cited as the 

5 ‘‘Restoring the Public Trust Act’’. 

6 (b) TABLE OF CONTENTS.—The table of contents for 

7 this Act is as follows: 

Sec. 1. Short title; table of contents. 


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TITLE I—NO PERSONAL ENRICHMENT FOR FEDERAL 

EMPLOYEES 

Subtitle A—Stop Waste And Misuse by the President 

Sec. 101. Short title. 

Sec. 102. Findings. 

Sec. 103. Reimbursal for costs of protection. 

Subtitle B—Stop Waste And Misuse by Presidential Flyers Landing Yet 

Evading Rules and Standards 

Sec. 111. Short title. 

Sec. 112. Prohibition on use of funds for travel on private aircraft. 

Subtitle C—E. Scott Pruitt Accountability for Government Officials 

Sec. 121. Short title. 

Sec. 122. Findings. 

Sec. 123. Use of public office for private gain. 

Subtitle D—Curb Objectionable Redirection of Resources and Unconstitutional 

Payments to Trump 

Sec. 131. Short title. 

Sec. 132. Findings. 

Sec. 133. Sense of the Congress. 

Sec. 134. Reports. 

Sec. 135. Definitions. 

Subtitle E—Relatives in Government Getting Employment Dishonorably 

Sec. 141. Short title. 

Sec. 142. Employment of relatives; restrictions. 

Subtitle F—Determining if Regulatory Actions are in the Interest of the 

Nation or the Swamp 

Sec. 151. Short title. 

Sec. 152. Requiring greater transparency for regulatory conflicts of interest. 

Sec. 153. ACUS study and report on regulatory conflicts of interest. 

Sec. 154. Judicial review. 

Sec. 155. Effective date. 

TITLE II—ROOTING OUT CONFLICTS OF INTEREST 

Subtitle A—Commonsense Legislation Ensuring Accountability by Reporting 

Access of Non-Cleared Employees to Secrets 

Sec. 201. Short title. 

Sec. 202. Report on security clearances for individuals working in the White 

House and Executive Office of the President. 

Subtitle B—Divestiture of Certain Financial Interests of Federal Officers and 

Employees and Spouses 

Sec. 211. Divestiture of certain financial interests of Federal officers and employees and spouses. 


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Subtitle C—Presidential Tax Transparency 

Sec. 221. Short title. 

Sec. 222. Disclosure of tax returns by Presidents and certain Presidential candidates. 

Subtitle D—White House Open Data 

Sec. 231. Short title. 

Sec. 232. White House visitor log and employee information. 

Subtitle E—Prohibitions on Making Certain Contracts with Federal 

Government or Receiving Federal Funds 

Sec. 241. Prohibitions on making certain contracts with Federal Government or 

receiving Federal funds. 

TITLE III—INCREASED OVERSIGHT AND STRENGTHENING 

AGENCIES RESPONSIBLE FOR ROOTING OUT CORRUPTION 

Sec. 301. Congressional notification of change in status of Inspector General. 

Sec. 302. Presidential explanation of failure to nominate an Inspector General. 

1 TITLE I—NO PERSONAL ENRICH2 MENT FOR FEDERAL EM3 PLOYEES 

4 Subtitle A—Stop Waste And Misuse 

5 by the President 

6 SEC. 101. SHORT TITLE. 

7 This subtitle may be cited as the ‘‘Stop Waste And 

8 Misuse by the President Act of 2018’’ or the ‘‘SWAMP 

9 Act of 2018’’. 

10 SEC. 102. FINDINGS. 

11 The Congress finds as follows: 

12 (1) Presidential travel to commercial entities 

13 owned in whole or in part by the President or First 

14 Family results in the American taxpayer effectively 

15 subsidizing the President’s businesses. 


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1 (2) Given current expenditures, President 

2 Trump is on track to spend more during his first 

3 year of office than all eight years of the Obama ad4 ministration combined. 

5 (3) It is unacceptable for the President to 

6 maintain an interest in traveling to properties in 

7 which he has a direct financial interest, as the U.S. 

8 Government is responsible for renting space for per9 sonnel in said private commercial entities. 

10 (4) Every time the President travels to Mar-a11 Lago, he necessarily promotes his private business 

12 interests via free press at the Government’s expense. 

13 (5) The State Department’s recent promotion 

14 of Mar-a-Lago on its official website raises serious 

15 ethics concerns. 

16 (6) As of April 14, 2017, President Trump has 

17 cost the U.S. taxpayer unprecedented amounts of 

18 money, including the following estimated costs: 

19 (A) For trips to Mar-a-Lago: 

20 (i) Total cost for security in Palm 

21 Beach: $3,700,000 (each trip). 

22 (ii) Roundtrip flights from Joint Base 

23 Andrews, Maryland, to West Palm, Flor24 ida: $700,000. 


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1 (iii) Overtime for local law enforce2 ment during Trump’s trips: $60,000/day. 

3 (iv) Total golf cart rentals ordered by 

4 the Secret Service ‘‘for POTUS visit’’: 

5 $35,185. 

6 (v) Estimated loss of business due to 

7 airport closure: $30,000/weekend. 

8 (B) For Trump Tower: 

9 (i) Request for additional Secret Serv10 ice funding to secure Trump Towers: 

11 $60,000,000. 

12 (ii) New York Police Department se13 curity costs: $127,000–$146,000/day. 

14 (iii) ‘‘Elevator services’’ ordered by 

15 the Secret Service: $64,000. 

16 (iv) Air Force One flights to New 

17 York City: $180,000/hour. 

18 (7) The proposed 2017 Federal spending bill in19 cludes reimbursements for millions of dollars spent 

20 by Florida and New York to protect the President 

21 and First Family, and facilitate their travel. While 

22 localities should be reimbursed, the taxpayer should 

23 not be responsible for said reimbursement. 


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1 SEC. 103. REIMBURSAL FOR COSTS OF PROTECTION. 

2 In the case of a person whom the United States Se3 cret Service is authorized to protect under paragraph (1) 

4 or (2) of section 3056(a) of title 18, United States Code, 

5 if that person, while traveling for official business or for 

6 personal purposes, stays in a hotel or other establishment 

7 providing daily-rate accommodation in which that person 

8 has an ownership or financial interest, that person shall 

9 reimburse to the Treasury— 

10 (1) any amount expended by the United States 

11 Secret Service for the provision of such protection; 

12 and 

13 (2) any amount expended for other costs in14 curred by the Government pertaining to that stay. 

15 Subtitle B—Stop Waste And Misuse 

16 by Presidential Flyers Landing 

17 Yet Evading Rules and Stand18 ards 

19 SEC. 111. SHORT TITLE. 

20 This subtitle may be cited as the ‘‘Stop Waste And 

21 Misuse by Presidential Flyers Landing Yet Evading Rules 

22 and Standards Act’’ or the ‘‘SWAMP FLYERS Act’’. 

23 SEC. 112. PROHIBITION ON USE OF FUNDS FOR TRAVEL ON 

24 PRIVATE AIRCRAFT. 

25 (a) IN GENERAL.—Beginning on the date of the en26 actment of this Act, no Federal funds appropriated or othVerDate Sep 11 2014 23:00 Nov 21, 2018 Jkt 089200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H7167.IH H7167

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1 erwise made available in any fiscal year may be used to 

2 pay the travel expenses of any senior political appointee 

3 for travel on official business on a non-commercial, pri4 vate, or chartered flight. 

5 (b) EXCEPTIONS.—The limitation in subsection (a) 

6 shall not apply— 

7 (1) if no commercial flight was available for the 

8 travel in question, consistent with subsection (c); or 

9 (2) to any travel on aircraft owned or leased by 

10 the Government. 

11 (c) CERTIFICATION.— 

12 (1) IN GENERAL.—Any senior political ap13 pointee who travels on a non-commercial, private, or 

14 chartered flight under the exception provided in sub15 section (b)(1) shall, not later than 30 days after the 

16 date of such travel, submit a written statement to 

17 Congress certifying that no commercial flight was 

18 available. 

19 (2) PENALTY.—Any statement submitted under 

20 paragraph (1) shall be considered a statement for 

21 purposes of applying section 1001 of title 18, United 

22 States Code. 

23 (d) DEFINITION OF SENIOR POLITICAL AP24 POINTEE.—In this subtitle, the term ‘‘senior political ap25 pointee’’ means any individual occupying— 


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1 (1) a position listed under the Executive Sched2 ule (subchapter II of chapter 53 of title 5, United 

3 States Code); 

4 (2) a Senior Executive Service position that is 

5 not a career appointee as defined under section 

6 3132(a)(4) of such title; or 

7 (3) a position of a confidential or policy-deter8 mining character under schedule C of subpart C of 

9 part 213 of title 5, Code of Federal Regulations. 

10 Subtitle C—E. Scott Pruitt Ac11 countability for Government Of12 ficials 

13 SEC. 121. SHORT TITLE. 

14 This subtitle may be cited as the ‘‘E. Scott Pruitt 

15 Accountability for Government Officials Act of 2018’’. 

16 SEC. 122. FINDINGS. 

17 Congress finds the following: 

18 (1) During his time as Administrator of the 

19 Environmental Protection Agency, Scott Pruitt faced 

20 more than 12 separate ethics investigations includ21 ing by the Environmental Protection Agency Inspec22 tor General, the Committee on Oversight and Gov23 ernment Reform of the House of Representatives, 

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1 ment Accountability Office, and the U.S. Office of 

2 Special Counsel. 

3 (2) On October 2, 2017, the Department of the 

4 Interior’s Inspector General confirmed they were in5 vestigating Secretary Ryan Zinke’s taxpayer-funded 

6 flights, including $12,375 on a chartered flight from 

7 Las Vegas to Montana where he spoke to a hockey 

8 team that is owned by one of Secretary Zinke’s larg9 est political donors. 

10 (3) On March 14, 2018, CNN reported that 

11 Secretary of Housing and Urban Development Ben 

12 Carson knew about a dining set worth $31,000 that 

13 was ordered for Carson’s office, knowledge of which 

14 he had previously denied. 

15 (4) On March 20, 2018, it was publicly re16 ported that Scott Pruitt secured a sub-market lease 

17 for a Washington, DC, condominium owned by the 

18 wife of a lobbyist who represented clients with mat19 ters pending before the Environmental Protection 

20 Agency, and told the Washington Examiner that he 

21 was ‘‘dumbfounded that that’s controversial’’. 

22 (5) On April 4, 2018, the New York Times re23 ported that Scott Pruitt used a loophole in the Safe 

24 Water Drinking Act to give raises to his aides that 

25 had been explicitly denied by the White House. 


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1 (6) On April 16, 2018, the Washington Post re2 ported that Scott Pruitt had spent nearly 

3 $3,000,000 of taxpayer funds on security and travel 

4 since taking office in February 2017. 

5 (7) On April 26, 2018, Politico reported that 

6 Scott Pruitt spent over $105,000 of taxpayer funds 

7 on first-class flights, citing since-debunked threats to 

8 his personal security. 

9 (8) On June 5, 2018, the Washington Post re10 ported that Scott Pruitt used official channels to 

11 pressure Chick-fil-A Chief Executive Officer Dan 

12 Cathy into securing a restaurant franchise for his 

13 wife. 

14 (9) On June 6, 2018, the Washington Post re15 ported that Scott Pruitt forced aides to help him se16 cure a used ‘‘Trump Home Luxury Plush Euro Pil17 low Top’’. 

18 (10) On June 8, 2018, the Washington Post re19 ported that Scott Pruitt forced his security detail to 

20 help him acquire high-end hand lotion and to pick 

21 up his dry cleaning. 

22 (11) On July 2, 2018, the Washington Post re23 ported that Scott Pruitt recruited a staff member to 

24 help his wife find a job, the salary for which he stip25 ulated should be no less than $200,000. 


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1 (12) On July 5, 2018, Scott Pruitt resigned 

2 amid myriad scandals and massive public pressure. 

3 (13) On July 13, 2018, Forbes reported on Wil4 bur Ross’ massive conflicts of interest, including 

5 having taken meetings with a trade association 

6 whose members included a car manufacturer whose 

7 investors included Ross himself. The same report 

8 noted that Wilbur Ross took meetings with compa9 nies whose investors included his wife. 

10 (14) On July 13, 2018, The New York Times 

11 reported that Tom Price repeatedly violated govern12 ment travel rules, wasting at least $314,000 of tax13 payer funds by using chartered jets and military air 

14 travel instead of commercially available flights. 

15 SEC. 123. USE OF PUBLIC OFFICE FOR PRIVATE GAIN. 

16 (a) IN GENERAL.—Chapter 93 of title 18, United 

17 States Code, is amended by adding at the end the fol18 lowing: 

19 ‘‘§ 1925. Use of public office for private gain 

20 ‘‘(a) USE FOR PRIVATE GAIN.—Whoever, being a 

21 covered Federal officer or employee, uses his public office 

22 for— 

23 ‘‘(1) his own private gain; 

24 ‘‘(2) the endorsement of any product, service or 

25 enterprise; or 


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1 ‘‘(3) the private gain of a friend, relative, or a 

2 person with whom the covered Federal officer or em3 ployee is affiliated in a nongovernmental capacity, 

4 including a nonprofit organization of which the cov5 ered Federal officer or employee is an officer or 

6 member, and a person with whom the employee has 

7 or seeks employment or business relations, 

8 shall be fined under this title, imprisoned not more than 

9 one year, or in the case of a willful violation, not more 

10 than 5 years, or both. 

11 ‘‘(b) COERCION.—Whoever, being a covered Federal 

12 officer or employee, uses or permits the use of his Govern13 ment position or title or any authority associated with his 

14 public office in a manner that is intended to coerce or in15 duce another person, including a subordinate, to provide 

16 any benefit, financial or otherwise, to himself or to a 

17 friend, relative, or person with whom the covered Federal 

18 officer or employee is affiliated in a nongovernmental ca19 pacity, shall be fined under this title, imprisoned not more 

20 than one year, or in the case of a willful violation, not 

21 more than 5 years, or both. 

22 ‘‘(c) COVERED FEDERAL OFFICER OR EMPLOYEE.— 

23 For purposes of this section, the term ‘covered Federal 

24 officer or employee’ means any of the following officers 

25 or employees of the Federal Government: 


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1 ‘‘(1) Assistant to the President for National Se2 curity Affairs. 

3 ‘‘(2) Assistant to the President and Chief of 

4 Staff. 

5 ‘‘(3) Assistant to the President and Deputy 

6 Chief of Staff. 

7 ‘‘(4) Assistant to the President and Deputy 

8 Chief of Staff for Communications (or Director of 

9 Communications). 

10 ‘‘(5) Assistant to the President and Press Sec11 retary. 

12 ‘‘(6) Senior Advisor to the President. 

13 ‘‘(7) Assistant to the President and Staff Sec14 retary. 

15 ‘‘(8) Assistant to the President for Homeland 

16 Security and Counterterrorism. 

17 ‘‘(9) Assistant to the President and Counselor 

18 to the President. 

19 ‘‘(10) Director of the National Economic Coun20 cil. 

21 ‘‘(11) Director of the Domestic Policy Council. 

22 ‘‘(12) Assistant to the President and Chief of 

23 Staff or Deputy Chief of Staff to the Vice President. 

24 ‘‘(13) Special Assistant to the President and 

25 Director of Communications for the Vice President. 


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1 ‘‘(14) Press Secretary to the Vice President. 

2 ‘‘(15) Senior Advisor to the Vice President. 

3 ‘‘(16) Deputy Assistant to the President and 

4 National Security Advisor or Deputy National Secu5 rity Advisor to the Vice President. 

6 ‘‘(17) Deputy Assistant to the President and 

7 Counselor to the Vice President. 

8 ‘‘(18) Assistant to the President and White 

9 House Counsel. 

10 ‘‘(19) Director of the Office of Management 

11 and Budget. 

12 ‘‘(20) Any officer or employee whose appoint13 ment is made by the President by and with the ad14 vice and consent of the Senate.’’. 

15 (b) CLERICAL AMENDMENT.—The table of sections 

16 for chapter 93 of title 18, United States Code, is amended 

17 by inserting after the item related to section 1924 the fol18 lowing: 

‘‘1925. Use of public office for private gain.’’. 


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1 Subtitle D—Curb Objectionable Re2 direction of Resources and Un3 constitutional Payments to 

4 Trump 

5 SEC. 131. SHORT TITLE. 

6 This subtitle may be cited as the ‘‘Curb Objectionable 

7 Redirection of Resources and Unconstitutional Payments 

8 to Trump Act’’ or the ‘‘CORRUPT Act’’. 

9 SEC. 132. FINDINGS. 

10 Congress finds the following: 

11 (1) Kleptocracy is a tool used by autocratic 

12 leaders, including Vladimir Putin, to exploit state re13 sources; it involves the operation of sophisticated 

14 networks for the purpose of self-enrichment. 

15 (2) Unlike prior presidents, President Trump 

16 has refused to sell his business interests or divest 

17 himself of assets that present potential conflicts of 

18 interest. 

19 (3) Article I of the Constitution states that ‘‘no 

20 Person holding any office of profit or trust under 

21 them, shall, without the consent of the Congress, ac22 cept any present, emolument, office, or title, of any 

23 kind whatever, from any King, Prince, or foreign 

24 State’’. 


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1 (4) Foreign governments and foreign-held com2 panies have already shifted business to the Presi3 dent’s companies in order to curry favor with the 

4 Administration. 

5 (5) According to reports, the Trump Inter6 national Hotel has generated at least $19,700,000 in 

7 income for the President between September 2016 

8 and April 2017. 

9 (6) The National Security Council and State 

10 Department have allegedly used taxpayers’ money to 

11 pay for staff to stay at Trump hotels and resorts, 

12 thereby benefitting the President. 

13 SEC. 133. SENSE OF THE CONGRESS. 

14 It is the sense of Congress that— 

15 (1) kleptocrats such as Vladimir Putin pose a 

16 threat to United States national security by under17 mining financial and Government institutions; 

18 (2) the United States must take all steps nec19 essary to defend itself against kleptocratic practices; 

20 and 

21 (3) Federal funds should not be expended in a 

22 manner that enriches the President or any of his 

23 close relatives or associates. 


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1 SEC. 134. REPORTS. 

2 (a) AGENCY REPORT.—Not later than 90 days after 

3 the date of the enactment of this Act, the head of each 

4 agency shall submit to the Office of Government Ethics 

5 a report on the amount expended by that agency in fiscal 

6 year 2018 at, or any payments made to, any covered prop7 erty and shall include— 

8 (1) any hotel stay using per diem or other 

9 funds; or 

10 (2) the rental of any conference room or meet11 ing facility. 

12 (b) OFFICE OF GOVERNMENT ETHICS REPORT.— 

13 Not later than 120 days after the date of the enactment 

14 of this Act, the Office of Government Ethics shall submit 

15 to Congress a comprehensive report on funds expended by 

16 any agency at, or any payments made to, a covered prop17 erty in fiscal year 2018. 

18 (c) ANNUAL REPORT.—At the end of the next fiscal 

19 year following the date of the enactment of this Act, and 

20 at the end of each fiscal year thereafter, the Director of 

21 the Office of Management and Budget shall submit to 

22 Congress a report on the direct and indirect ways that 

23 funds appropriated to agencies have benefitted a covered 

24 property, including— 


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1 (1) funds expended by any agency at, or any 

2 payments made to, a covered property in the pre3 vious fiscal year; 

4 (2) regulatory actions in the previous fiscal year 

5 with a beneficial impact on a covered property; and 

6 (3) indirect expenditures with vendors con7 ducting more than $1,000,000 in business with a 

8 covered individual or with the owners of a covered 

9 property in the previous fiscal year. 

10 SEC. 135. DEFINITIONS. 

11 In this subtitle: 

12 (1) AGENCY.—The term ‘‘agency’’— 

13 (A) has the meaning given the term— 

14 (i) ‘‘Executive agency’’ under section 

15 105 of title 5, United States Code; and 

16 (ii) ‘‘military department’’ under sec17 tion 102 of title 5, United States Code; 

18 and 

19 (B) means— 

20 (i) any other establishment in the ex21 ecutive branch (including the Executive Of22 fice of the President, the United States 

23 Postal Service, and the Postal Regulatory 

24 Commission); 


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1 (ii) an office, agency, or other estab2 lishment in the legislative branch; and 

3 (iii) an office, agency, or other estab4 lishment in the judicial branch. 

5 (2) COVERED INDIVIDUAL.—The term ‘‘covered 

6 individual’’ means— 

7 (A) the President; 

8 (B) a relative of the President; and 

9 (C) with respect to an agency that is an 

10 Executive department, the head of the Execu11 tive department. 

12 (3) COVERED PROPERTY.—The term ‘‘covered 

13 property’’ means— 

14 (A) any property controlled by the Trump 

15 Organization; or 

16 (B) an organization or business controlled 

17 by or associated with a covered person (includ18 ing any known shell company), any member of 

19 the President’s family, or any employee of the 

20 Trump Organization. 

21 (4) EXECUTIVE DEPARTMENT.—The term ‘‘Ex22 ecutive department’’ has the meaning given the term 

23 in section 101 of title 5, United States Code. 


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1 Subtitle E—Relatives In Govern2 ment Getting Employment Dis3 honorably 

4 SEC. 141. SHORT TITLE. 

5 This subtitle may be cited as the ‘‘Relatives In Gov6 ernment Getting Employment Dishonorably Act’’ or the 

7 ‘‘RIGGED Act’’. 

8 SEC. 142. EMPLOYMENT OF RELATIVES; RESTRICTIONS. 

9 (a) IN GENERAL.—Section 3110 of title 5, United 

10 States Code, is amended— 

11 (1) in subsection (a)— 

12 (A) in paragraph (1)(A) by inserting ‘‘, in13 cluding the White House Office and the Execu14 tive Office of the President’’ after ‘‘Executive 

15 agency’’; 

16 (B) by redesignating paragraphs (2) and 

17 (3) as paragraphs (3) and (4), respectively; and 

18 (C) by inserting after paragraph (1) the 

19 following: 

20 ‘‘(2) ‘civilian position’ means any existing or 

21 newly created position in an agency, including a po22 sition acting in a professional or official capacity as 

23 a consultant or advisor, regardless of whether such 

24 position is voluntary, gratuitous, or authorized by 

25 law to be compensated;’’; 


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1 (2) in subsection (b), by striking ‘‘A public offi2 cial may not’’ and inserting ‘‘Notwithstanding any 

3 other provision of law, a public official may not’’; 

4 and 

5 (3) in subsection (c)— 

6 (A) by inserting ‘‘shall be removed imme7 diately and’’ after ‘‘in violation of this section’’; 

8 and 

9 (B) by striking ‘‘as pay’’ and inserting ‘‘as 

10 salary or expenses’’. 

11 (b) APPLICATION OF PROHIBITED PERSONNEL

12 PRACTICES.—Section 2302(a)(2)(C) of title 5, United 

13 States Code, is amended by inserting ‘‘, including the 

14 White House Office,’’ after ‘‘Executive agency’’. 

15 Subtitle F—Determining if Regu16 latory Actions are in the Inter17 est of the Nation or the Swamp 

18 SEC. 151. SHORT TITLE. 

19 This subtitle may be cited as the ‘‘Determining if 

20 Regulatory Actions are in the Interest of the Nation or 

21 the Swamp Act of 2018’’ or the ‘‘DRAIN the Swamp Act 

22 of 2018’’. 


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1 SEC. 152. REQUIRING GREATER TRANSPARENCY FOR REG2 ULATORY CONFLICTS OF INTEREST. 

3 (a) IN GENERAL.—Part I of title 5, United States 

4 Code, is amended by inserting after chapter 6, the fol5 lowing new chapter: 

6 ‘‘CHAPTER 6A—PUBLICATION OF INFOR7 MATION RELATING TO REGULATORY 

8 CONFLICTS OF INTEREST 

‘‘621. Definitions. 

‘‘622. Agency submission to Comptroller General. 

9 ‘‘§ 621. Definitions 

10 ‘‘In this chapter: 

11 ‘‘(1) AGENCY; RULE; RULE MAKING.—The 

12 terms ‘agency’, ‘rule’, and ‘rule making’ have the 

13 meanings given those terms in section 551. 

14 ‘‘(2) MAJOR RULE.—The term ‘major rule’ has 

15 the meaning given that term in section 804. 

16 ‘‘(3) REGULATORY CONFLICT OF INTEREST.— 

17 The term ‘regulatory conflict of interest’ means a 

18 major rule that has a substantial pecuniary benefit 

19 to a covered person. 

20 ‘‘(4) COVERED PERSON.—The term ‘covered 

21 person’ means the President, senior advisors to the 

22 President, including special advisors that do not re23 ceive an official salary, the head of the agency 

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1 agement and Budget, the Administrator of the Of2 fice of Information and Regulatory Affairs, or any 

3 individual who serves on a Regulatory Reform Task 

4 Force established by section 3 of Executive Order 

5 13777. 

6 ‘‘§ 622. Agency submission to Comptroller General 

7 ‘‘(a) REGULATORY CONFLICTS OF INTEREST.—Not 

8 later than September 30 of each fiscal year, the head of 

9 each agency shall submit to the Comptroller General of 

10 the United States in such a manner as the Comptroller 

11 General may reasonably require, for each major rule that 

12 the agency proposes or finalizes during that fiscal year, 

13 an assessment and quantification of any regulatory con14 flict of interest pertaining to that major rule. 

15 ‘‘(b) EXCEPTION.—Nothing in this chapter shall 

16 apply to any rule that an agency for good cause finds (and 

17 incorporates the finding and a brief statement of each rea18 son therefor in the rule issued) that notice and public pro19 cedure thereon are impracticable, unnecessary, or contrary 

20 to the public interest. 

21 ‘‘(c) MAJOR RULES.—Before a major rule may take 

22 effect, the head of the agency promulgating such rule shall 

23 submit to the Comptroller General and publish in the Fed24 eral Register the report required pursuant to subsection 

25 (a).’’. 


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1 (b) CLERICAL AMENDMENT.—The table of chapters 

2 for part I of title 5, United States Code, is amended by 

3 inserting after the item relating to chapter 6, the following 

4 new item: 

‘‘6A. Publication of Information Relating to Regulatory Conflicts of Interest ............................................................................. 621’’. 

5 SEC. 153. ACUS STUDY AND REPORT ON REGULATORY CON6 FLICTS OF INTEREST. 

7 (a) IN GENERAL.—The Administrative Conference of 

8 the United States shall conduct a study on— 

9 (1) compliance by agencies with this subtitle 

10 and the amendments made by this subtitle; and 

11 (2) effective measures to minimize regulatory 

12 conflicts of interest (as that term is defined in sec13 tion 621(3) of title 5, United States Code, as added 

14 by section 152(a)). 

15 (b) REPORT.—Not later than 1 year after the date 

16 of the enactment of this Act, the Administrative Con17 ference of the United States shall submit to Congress a 

18 report that contains the findings of the study conducted 

19 under subsection (a). 

20 SEC. 154. JUDICIAL REVIEW. 

21 (a) AGENCY STATEMENTS ON REGULATORY CON22 FLICTS OF INTEREST.— 

23 (1) IN GENERAL.—Compliance or noncompli24 ance by any agency with the provisions of chapter 


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1 6A of title 5, United States Code, as added by sec2 tion 152(a), shall be subject to judicial review only 

3 in accordance with this section. 

4 (2) LIMITED REVIEW OF AGENCY COMPLIANCE

5 OR NONCOMPLIANCE.— 

6 (A) IN GENERAL.—Agency compliance or 

7 noncompliance with the provisions of chapter 

8 6A of title 5, United States Code, as added by 

9 section 152(a), shall be subject to judicial re10 view only under section 706(1) of title 5, 

11 United States Code, and only as provided under 

12 subparagraph (B). 

13 (B) FAILURE TO PREPARE WRITTEN

14 STATEMENT.—If an agency fails to prepare the 

15 written statement (including the preparation of 

16 the estimates, analyses, statements, or descrip17 tions) under such chapter, a court may compel 

18 the agency to prepare such written statement. 

19 (3) REVIEW OF AGENCY RULES.—In any judi20 cial review under any other Federal law of an agency 

21 rule for which a written statement is required under 

22 such chapter 6A, the inadequacy or failure to pre23 pare such statement shall not be used as a basis for 

24 staying, enjoining, invalidating or otherwise affecting 

25 such agency rule. 


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1 (4) CERTAIN INFORMATION AS PART OF

2 RECORD.—Any information generated under such 

3 chapter 6A that is part of the rule making record 

4 for judicial review under the provisions of any other 

5 Federal law may be considered as part of the record 

6 for judicial review conducted under such other provi7 sions of Federal law. 

8 (5) APPLICATION OF OTHER FEDERAL LAW.— 

9 For any petition under paragraph (2) the provisions 

10 of such other Federal law shall control all other mat11 ters, such as exhaustion of administrative remedies, 

12 the time for and manner of seeking review and 

13 venue, except that if such other Federal law does not 

14 provide a limitation on the time for filing a petition 

15 for judicial review that is less than 1 year, such limi16 tation shall be 1 year after a final rule is promul17 gated by the appropriate agency. 

18 (b) JUDICIAL REVIEW AND RULE OF CONSTRUC19 TION.—Except as provided in subsection (a)— 

20 (1) any information submitted under this sec21 tion shall not be subject to judicial review; and 

22 (2) no provision of this subtitle shall be con23 strued to create any right or benefit, substantive or 

24 procedural, enforceable by any person in any admin25 istrative or judicial action. 


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1 SEC. 155. EFFECTIVE DATE. 

2 This subtitle shall take effect beginning on the date 

3 of the enactment of this Act and shall apply to any agency 

4 rule for which a general notice of proposed rule making 

5 is made on or after such date. 

6 TITLE II—ROOTING OUT 

7 CONFLICTS OF INTEREST 

8 Subtitle A—Commonsense Legisla9 tion Ensuring Accountability by 

10 Reporting Access of Non11 Cleared Employees to Secrets 

12 SEC. 201. SHORT TITLE. 

13 This subtitle may be cited as the ‘‘Commonsense Leg14 islation Ensuring Accountability by Reporting Access of 

15 Non-Cleared Employees to Secrets Act’’ or the ‘‘CLEAR16 ANCES Act’’. 

17 SEC. 202. REPORT ON SECURITY CLEARANCES FOR INDI18 VIDUALS WORKING IN THE WHITE HOUSE 

19 AND EXECUTIVE OFFICE OF THE PRESIDENT. 

20 (a) IN GENERAL.—Subpart I of part III of title 5, 

21 United States Code, is amended by adding after section 

22 10106 the following: 

23 ‘‘CHAPTER 102—SECURITY CLEARANCES 

‘‘Sec. 

‘‘10201. Report on individuals working in the White House and Executive Office of the President. 


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1 ‘‘§ 10201. Report on individuals working in the White 

2 House and Executive Office of the Presi3 dent 

4 ‘‘(a) IN GENERAL.—Not later than 3 months after 

5 the date of the enactment of this section and every 3 

6 months thereafter, the President shall submit a report to 

7 the appropriate congressional committees on security 

8 clearance information on any individual working in the 

9 White House or the Executive Office of the President, in10 cluding— 

11 ‘‘(1) the President’s staff or any other indi12 vidual in the White House or Office whose function 

13 is to advise or assist the President; and 

14 ‘‘(2) any individual who is detailed from the 

15 Government, a university, a think tank, or the pri16 vate sector to the White House or the Office. 

17 ‘‘(b) REPORT REQUIREMENTS.—A report submitted 

18 under subsection (a) shall include the following: 

19 ‘‘(1) The name and position of any individual 

20 working in the White House or the Office and who 

21 holds a security clearance. 

22 ‘‘(2) With respect to any detailee, the entity or 

23 agency from which the individual was detailed from. 

24 ‘‘(3) With respect to any clearance listed pursu25 ant to paragraph (1)— 


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1 ‘‘(A) whether the clearance is temporary or 

2 permanent and level of the clearance; 

3 ‘‘(B) the date the background investigation 

4 was initiated and the date of adjudication (if 

5 any); and 

6 ‘‘(C) the date of any interim reports or no7 tifications from the investigating agency. 

8 ‘‘(4) The name and position of any individual 

9 working in the White House or the Office who was 

10 granted a security clearance by the President or 

11 other authorizing personnel despite an unfavorable 

12 recommendation from the White House Security Of13 fice or an agency, and the date the decision was 

14 made to grant the clearance. 

15 ‘‘(5) The name and position of any individual 

16 not contained in any list above whom the President 

17 has provided access to classified information, the 

18 date the information was so provided, and the level 

19 of classification of the information. 

20 ‘‘(6) The name and position of any individual 

21 working in the White House or Office— 

22 ‘‘(A) whose security clearance has been re23 voked or suspended and the date of such rev24 ocation or suspension; or 


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1 ‘‘(B) who held an interim security clear2 ance for a period longer than one year, and a 

3 justification from the White House Counsel as 

4 to why it is in the national security interest of 

5 the United States to keep the employee in the 

6 position without a permanent security clear7 ance. 

8 ‘‘(c) DEFINITIONS.—In this section— 

9 ‘‘(1) the term ‘appropriate congressional com10 mittees’ means— 

11 ‘‘(A) the Permanent Select Committee on 

12 Intelligence and the Committees on Oversight 

13 and Government Reform and the Judiciary of 

14 the House of Representatives; and 

15 ‘‘(B) the Select Committee on Intelligence 

16 and the Committees on Homeland Security and 

17 Governmental Affairs and the Judiciary of the 

18 Senate; and 

19 ‘‘(2) the term ‘Office’ means the Executive Of20 fice of the President.’’. 

21 (b) CLERICAL AMENDMENT.—The table of chapters 

22 for such title is amended by adding after the item relating 

23 to chapter 101 the following: 

‘‘102. Security Clearances ..............................................................10201’’. 


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1 Subtitle B—Divestiture of Certain 

2 Financial Interests of Federal 

3 Officers and Employees and 

4 Spouses 

5 SEC. 211. DIVESTITURE OF CERTAIN FINANCIAL INTERESTS 

6 OF FEDERAL OFFICERS AND EMPLOYEES 

7 AND SPOUSES. 

8 (a) DEFINITIONS.—In this section— 

9 (1) the term ‘‘covered significant business inter10 est’’— 

11 (A) means any financial interest of a cov12 ered officer or employee in a corporation, com13 pany, association, firm, partnership, proprietor14 ship, or any other business entity of which the 

15 covered officer or employee is— 

16 (i) a trustee; 

17 (ii) a partner; 

18 (iii) an officer; 

19 (iv) a director; or 

20 (v) a shareholder who holds more than 

21 10 percent of any class of equity securities; 

22 and 

23 (B) does not include any financial interest 

24 consisting of obligations issued by the Treasury, 

25 diversified mutual funds that qualify for a reguVerDate Sep 11 2014 23:00 Nov 21, 2018 Jkt 089200 PO 00000 Frm 00031 Fmt 6652 Sfmt 6201 E:\BILLS\H7167.IH H7167

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1 latory exemption, or residential property that is 

2 not held for the production of rental or other 

3 income; 

4 (2) the terms ‘‘conflict-free holding’’ and 

5 ‘‘qualified blind trust’’ have the meanings given 

6 those terms in sections 102(f)(3) and 102(f)(8), re7 spectively, of the Ethics in Government Act of 1978 

8 (5 U.S.C. App.); and 

9 (3) the term ‘‘covered officer or employee’’ 

10 means— 

11 (A) any individual occupying a position— 

12 (i) listed under the Executive Sched13 ule (subchapter II of chapter 53 of title 5, 

14 United States Code); 

15 (ii) in the Senior Executive Service as 

16 a noncareer appointee (as that term is de17 fined in section 3132(a) if such title); 

18 (iii) of a confidential or policy-deter19 mining character under schedule C of sub20 part C of part 213 of title 5, Code of Fed21 eral Regulations; or 

22 (iv) in the executive branch whose ap23 pointment is made by the President, by 

24 and with the advice and consent of the 

25 Senate; and 


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1 (B) any individual occupying any of the 

2 following positions: 

3 (i) Assistant to the President for Na4 tional Security Affairs. 

5 (ii) Assistant to the President and 

6 Chief of Staff. 

7 (iii) Assistant to the President and 

8 Deputy Chief of Staff. 

9 (iv) Assistant to the President and 

10 Deputy Chief of Staff for Communications 

11 (or Director of Communications). 

12 (v) Assistant to the President and 

13 Press Secretary. 

14 (vi) Senior Advisor to the President. 

15 (vii) Assistant to the President and 

16 Staff Secretary. 

17 (viii) Assistant to the President for 

18 Homeland Security and Counterterrorism. 

19 (ix) Assistant to the President and 

20 Counselor to the President. 

21 (x) Director of the National Economic 

22 Council. 

23 (xi) Director of the Domestic Policy 

24 Council. 


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1 (xii) Assistant to the President and 

2 Chief of Staff or Deputy Chief of Staff to 

3 the Vice President. 

4 (xiii) Special Assistant to the Presi5 dent and Director of Communications for 

6 the Vice President. 

7 (xiv) Press Secretary to the Vice 

8 President. 

9 (xv) Senior Advisor to the Vice Presi10 dent. 

11 (xvi) Deputy Assistant to the Presi12 dent and National Security Advisor or 

13 Deputy National Security Advisor to the 

14 Vice President. 

15 (xvii) Deputy Assistant to the Presi16 dent and Counselor to the Vice President. 

17 (xviii) Assistant to the President and 

18 White House Counsel. 

19 (b) DIVESTITURE OF COVERED SIGNIFICANT BUSI20 NESS INTEREST.— 

21 (1) IN GENERAL.—A covered officer or em22 ployee or the spouse of any such an officer or em23 ployee shall divest of any covered significant busi24 ness interest by transferring such interest to a quali25 fied blind trust. 


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1 (2) TRUSTEE DUTIES.—Within a reasonable pe2 riod of time after the date a covered significant busi3 ness interest is transferred to a qualified blind trust 

4 under paragraph (1), the trustee of the qualified 

5 blind trust shall— 

6 (A) sell the interest; and 

7 (B) use the proceeds of the sale of the in8 terest to purchase conflict-free holdings. 

9 (c) ENFORCEMENT.—The Attorney General, the at10 torney general of any State, or any person aggrieved by 

11 any violation of subsection (b) may seek declaratory or in12 junctive relief in a court of competent jurisdiction if there 

13 is probable cause to believe that a covered officer or em14 ployee or the spouse of such an officer or employee has 

15 not complied with such subsection. 

16 Subtitle C—Presidential Tax 

17 Transparency 

18 SEC. 221. SHORT TITLE. 

19 This subtitle may be cited as the ‘‘Presidential Tax 

20 Transparency Act’’. 

21 SEC. 222. DISCLOSURE OF TAX RETURNS BY PRESIDENTS 

22 AND CERTAIN PRESIDENTIAL CANDIDATES. 

23 (a) IN GENERAL.—Title I of the Ethics in Govern24 ment Act of 1978 (5 U.S.C. App.) is amended— 

25 (1) by inserting after section 102 the following: 


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1 ‘‘SEC. 102A. DISCLOSURE OF TAX RETURNS. 

2 ‘‘(a) DEFINITIONS.—In this section— 

3 ‘‘(1) the term ‘covered candidate’ means an in4 dividual— 

5 ‘‘(A) required to file a report under section 

6 101(c); and 

7 ‘‘(B) who is nominated by a major party 

8 as a candidate for the office of President; 

9 ‘‘(2) the term ‘covered individual’ means— 

10 ‘‘(A) a President required to file a report 

11 under subsection (a) or (d) of section 101; and 

12 ‘‘(B) an individual who occupies the office 

13 of the President required to file a report under 

14 section 101(e); 

15 ‘‘(3) the term ‘major party’ has the meaning 

16 given the term in section 9002 of the Internal Rev17 enue Code of 1986; and 

18 ‘‘(4) the term ‘income tax return’ means, with 

19 respect to any covered candidate or covered indi20 vidual, any return (within the meaning of section 

21 6103(b) of the Internal Revenue Code of 1986) re22 lated to Federal income taxes, but does not in23 clude— 

24 ‘‘(A) information returns issued to persons 

25 other than such covered candidate or covered 

26 individual; and 


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1 ‘‘(B) declarations of estimated tax. 

2 ‘‘(b) DISCLOSURE.— 

3 ‘‘(1) COVERED INDIVIDUALS.— 

4 ‘‘(A) IN GENERAL.—In addition to the in5 formation described in subsections (a) and (b) 

6 of section 102, a covered individual shall in7 clude in each report required to be filed under 

8 this title a copy of the income tax returns of the 

9 covered individual for the 3 most recent taxable 

10 years for which a return has been filed with the 

11 Internal Revenue Service as of the date on 

12 which the report is filed. 

13 ‘‘(B) FAILURE TO DISCLOSE.—If an in14 come tax return is not disclosed under subpara15 graph (A), the Director of the Office of Govern16 ment Ethics shall submit to the Secretary of 

17 the Treasury a request that the Secretary of 

18 the Treasury provide the Director of the Office 

19 of Government Ethics with a copy of the in20 come tax return. 

21 ‘‘(C) PUBLICLY AVAILABLE.—Each income 

22 tax return submitted under this paragraph shall 

23 be filed with the Director of the Office of Gov24 ernment Ethics and made publicly available in 


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1 the same manner as the information described 

2 in subsections (a) and (b) of section 102. 

3 ‘‘(D) REDACTION OF CERTAIN INFORMA4 TION.—Before making any income tax return 

5 submitted under this paragraph available to the 

6 public, the Director of the Office of Government 

7 Ethics shall redact such information as the Di8 rector of the Office of Government Ethics, in 

9 consultation with the Secretary of the Treasury 

10 (or a delegate of the Secretary), determines ap11 propriate. 

12 ‘‘(2) CANDIDATES.— 

13 ‘‘(A) IN GENERAL.—Not later than 15 

14 days after the date on which a covered can15 didate is nominated, the covered candidate shall 

16 amend the report filed by the covered candidate 

17 under section 101(c) with the Federal Election 

18 Commission to include a copy of the income tax 

19 returns of the covered candidate for the 3 most 

20 recent taxable years for which a return has 

21 been filed with the Internal Revenue Service. 

22 ‘‘(B) FAILURE TO DISCLOSE.—If an in23 come tax return is not disclosed under subpara24 graph (A) the Federal Election Commission 

25 shall submit to the Secretary of the Treasury a 


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1 request that the Secretary of the Treasury pro2 vide the Federal Election Commission with the 

3 income tax return. 

4 ‘‘(C) PUBLICLY AVAILABLE.—Each income 

5 tax return submitted under this paragraph shall 

6 be filed with the Federal Election Commission 

7 and made publicly available in the same manner 

8 as the information described in section 102(b). 

9 ‘‘(D) REDACTION OF CERTAIN INFORMA10 TION.—Before making any income tax return 

11 submitted under this paragraph available to the 

12 public, the Federal Election Commission shall 

13 redact such information as the Federal Election 

14 Commission, in consultation with the Secretary 

15 of the Treasury (or a delegate of the Secretary) 

16 and the Director of the Office of Government 

17 Ethics, determines appropriate. 

18 ‘‘(3) SPECIAL RULE FOR SITTING PRESI19 DENTS.—Not later than 30 days after the date of 

20 the enactment of this section, the President shall 

21 submit to the Director of the Office of Government 

22 Ethics a copy of the income tax returns described in 

23 paragraph (1)(A).’’; and 

24 (2) in section 104— 

25 (A) in subsection (a)— 


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1 (i) in paragraph (1), in the first sen2 tence, by inserting ‘‘or any individual who 

3 knowingly and willfully falsifies or who 

4 knowingly and willfully fails to file an in5 come tax return that such individual is re6 quired to disclose pursuant to section 

7 102A’’ before the period; and 

8 (ii) in paragraph (2)(A)— 

9 (I) in clause (i), by inserting ‘‘or 

10 falsify any income tax return that 

11 such person is required to disclose 

12 under section 102A’’ before the semi13 colon; and 

14 (II) in clause (ii), by inserting 

15 ‘‘or fail to file any income tax return 

16 that such person is required to dis17 close under section 102A’’ before the 

18 period; 

19 (B) in subsection (b), in the first sentence 

20 by inserting ‘‘or willfully failed to file or has 

21 willfully falsified an income tax return required 

22 to be disclosed under section 102A’’ before the 

23 period; 

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1 quired to be disclosed under section 102A’’ be2 fore the period; and 

3 (D) in subsection (d)(1)— 

4 (i) in the matter preceding subpara5 graph (A), by inserting ‘‘or files an income 

6 tax return required to be disclosed under 

7 section 102A’’ after ‘‘title’’; and 

8 (ii) in subparagraph (A), by inserting 

9 ‘‘or such income tax return, as applicable,’’ 

10 after ‘‘report’’. 

11 (b) AUTHORITY TO DISCLOSE INFORMATION.— 

12 (1) IN GENERAL.—Section 6103(l) of the Inter13 nal Revenue Code of 1986 is amended by adding at 

14 the end the following new paragraph: 

15 ‘‘(23) DISCLOSURE OF RETURN INFORMATION

16 OF PRESIDENTS AND CERTAIN PRESIDENTIAL CAN17 DIDATES.— 

18 ‘‘(A) DISCLOSURE OF RETURNS OF PRESI19 DENTS.— 

20 ‘‘(i) IN GENERAL.—The Secretary 

21 shall, upon written request from the Direc22 tor of the Office of Government Ethics 

23 pursuant to section 102A(b)(1)(B) of the 

24 Ethics in Government Act of 1978, provide 

25 to officers and employees of the Office of 


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1 Government Ethics a copy of any income 

2 tax return of the President which is re3 quired to be filed under section 102A of 

4 such Act. 

5 ‘‘(ii) DISCLOSURE TO PUBLIC.—The 

6 Director of the Office of Government Eth7 ics may disclose to the public the income 

8 tax return of any President which is re9 quired to be filed with the Director pursu10 ant to section 102A of the Ethics in Gov11 ernment Act of 1978. 

12 ‘‘(B) DISCLOSURE OF RETURNS OF CER13 TAIN CANDIDATES FOR PRESIDENT.— 

14 ‘‘(i) IN GENERAL.—The Secretary 

15 shall, upon written request from the Chair16 man of the Federal Election Commission 

17 pursuant to section 102A(b)(2)(B) of the 

18 Ethics in Government Act of 1978, provide 

19 to officers and employees of the Federal 

20 Election Commission copies of the applica21 ble returns of any person who has been 

22 nominated as a candidate of a major party 

23 (as defined in section 9002(a)) for the of24 fice of President. 


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1 ‘‘(ii) DISCLOSURE TO PUBLIC.—The 

2 Federal Election Commission may disclose 

3 to the public applicable returns of any per4 son who has been nominated as a can5 didate of a major party (as defined in sec6 tion 9002(6)) for the office of President 

7 and which is required to be filed with the 

8 Commission pursuant to section 102A of 

9 the Ethics in Government Act. 

10 ‘‘(C) APPLICABLE RETURNS.—For pur11 poses of this paragraph, the term ‘applicable re12 turns’ means, with respect to any candidate for 

13 the office of President, income tax returns for 

14 the 3 most recent taxable years for which a re15 turn has been filed as of the date of the nomi16 nation.’’. 

17 (2) CONFORMING AMENDMENTS.—Section 

18 6103(p)(4) of such Code, in the matter preceding 

19 subparagraph (A) and in subparagraph (F)(ii), is 

20 amended by striking ‘‘or (22)’’ and inserting ‘‘(22), 

21 or (23)’’ each place it appears. 


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1 Subtitle D—White House Open 

2 Data 

3 SEC. 231. SHORT TITLE. 

4 This subtitle may be cited as the ‘‘White House Open 

5 Data Act’’. 

6 SEC. 232. WHITE HOUSE VISITOR LOG AND EMPLOYEE IN7 FORMATION. 

8 (a) REQUIREMENT TO PUBLISH.—Except as pro9 vided in subsection (b), not later than 90 days after the 

10 date of the enactment of this Act, the Executive Office 

11 of the President shall make available on a publicly avail12 able website in an easily searchable and downloadable for13 mat the following information: 

14 (1) Visitor records for any location where the 

15 President or Vice President regularly conducts offi16 cial business, which shall— 

17 (A) include the name of each visitor, the 

18 name of each individual with whom the visitor 

19 met, and the purpose of the visit; and 

20 (B) shall be updated every 30 days. 

21 (2) The annual salary of each White House em22 ployee, which shall be updated quarterly. 

23 (3) The most recent financial disclosure state24 ment for each White House employee filed pursuant 


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1 to the Ethics in Government Act of 1978 (5 U.S.C. 

2 App.), which shall be updated annually. 

3 (b) EXCEPTIONS.—Except as provided in subsection 

4 (c)(3), the requirement described in subsection (a) does 

5 not apply to any visitor record that relates to— 

6 (1) the social security number, taxpayer identi7 fication number, birth date, home address, or per8 sonal phone number of an individual, the name of an 

9 individual who is less than 18 years old, or a finan10 cial account number; 

11 (2) a law enforcement concern; 

12 (3) a national security threat; 

13 (4) the personal safety of an employee of the 

14 Executive Office of the President; or 

15 (5) personal visits that do not involve any offi16 cial or political business. 

17 (c) RECORDS WITHHELD.—With respect to a visitor 

18 record excepted under subsection (b), the Executive Office 

19 of the President shall— 

20 (1) disclose the number of records withheld 

21 every 30 days; 

22 (2) post any such excepted record on the 

23 website described under subsection (a) if the Execu24 tive Office of the President determines that the 


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1 record is no longer subject to an exception described 

2 in subsection (b); and 

3 (3) notwithstanding subsection (b), post any 

4 reasonably segregable portion that is not covered by 

5 an exception described in subsection (b) of any such 

6 excepted record on the website described under sub7 section (a). 

8 Subtitle E—Prohibitions on Mak9 ing Certain Contracts with Fed10 eral Government or receiving 

11 Federal funds 

12 SEC. 241. PROHIBITIONS ON MAKING CERTAIN CONTRACTS 

13 WITH FEDERAL GOVERNMENT OR RECEIVING 

14 FEDERAL FUNDS. 

15 (a) CONTRACTS WITH FEDERAL GOVERNMENT.— 

16 (1) PROHIBITION.—The following may not 

17 enter into or benefit from a contract or agreement 

18 with the Federal Government, or any part thereof: 

19 (A) The President. 

20 (B) The Vice President. 

21 (C) An immediate family member of the 

22 President. 

23 (D) An immediate family member of the 

24 Vice President. 

25 (E) A covered significant business interest. 


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1 (2) EXCEPTION.—Paragraph (1) does not apply 

2 to the following: 

3 (A) A contract or agreement with the Fed4 eral Government entered into or negotiated be5 fore or after the period in which the President 

6 or the Vice President, as applicable, serves in 

7 office. 

8 (B) A contract for employment with the 

9 Federal Government or a contract for service in 

10 the Armed Forces, or any benefits provided 

11 under such employment or service. 

12 (b) RECEIPT OF FEDERAL FUNDS.— 

13 (1) PROHIBITION.—Except as provided in para14 graph (2), the Federal Government may not obligate 

15 or expend Federal funds with the President, the Vice 

16 President, or a covered significant business interest. 

17 (2) EXCEPTIONS.— 

18 (A) ENTITLEMENTS.—The Federal Gov19 ernment may obligate or expend Federal funds 

20 the President or the Vice President is entitled 

21 to by law for discharging an official duty, in22 cluding annual salary. 

23 (B) OBLIGATIONS.—Paragraph (1) does 

24 not apply to Federal funds obligated or ex25 pended before or after the period in which the 


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1 President or the Vice President, as applicable, 

2 serves in office. 

3 (c) RULE OF CONSTRUCTION.—Nothing in this Act 

4 may be construed to limit any payment to the President, 

5 the Vice President, an immediate family member of the 

6 President or Vice President, or covered significant busi7 ness interest of any Federal benefit for which the Presi8 dent, the Vice President, an immediate family member of 

9 the President or Vice President, or covered significant 

10 business interest would otherwise be eligible. 

11 (d) DEFINITIONS.—In this section: 

12 (1) CONTRACT OR AGREEMENT WITH FEDERAL

13 GOVERNMENT.—The term ‘‘contract or agreement 

14 with the Federal Government’’ means a procurement 

15 contract or grant, a land use contract, or a lease 

16 created, funded, or controlled by the Federal Gov17 ernment, respectively. 

18 (2) COVERED SIGNIFICANT BUSINESS INTER19 EST.—The term ‘‘covered significant business inter20 est’’ means any corporation, company, association, 

21 firm, partnership, proprietorship, or any other busi22 ness entity of which the President, the Vice Presi23 dent, an immediate family member of the President, 

24 or an immediate family member of the Vice Presi25 dent is— 


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1 (A) a trustee; 

2 (B) a partner; 

3 (C) an officer; 

4 (D) a director; or 

5 (E) a shareholder who holds more than 10 

6 percent of any class of equity securities. 

7 (3) IMMEDIATE FAMILY MEMBER.—The term 

8 ‘‘immediate family member’’ means a spouse, par9 ent, sibling, child, or dependent relative. 

10 (e) APPLICATION.— 

11 (1) CONTRACT OR AGREEMENT WITH FEDERAL

12 GOVERNMENT.—The prohibition under subsection 

13 (a)(1) applies to contracts or agreements with the 

14 Federal Government entered into, revised, or re15 newed after the date of the enactment of this Act. 

16 (2) FEDERAL FUNDS.—The prohibition under 

17 subsection (a)(2) applies to Federal funds obligated 

18 after the date of the enactment of this Act. 


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1 TITLE III—INCREASED OVER2 SIGHT AND STRENGTHENING 

3 AGENCIES RESPONSIBLE FOR 

4 ROOTING OUT CORRUPTION 

5 SEC. 301. CONGRESSIONAL NOTIFICATION OF CHANGE IN 

6 STATUS OF INSPECTOR GENERAL. 

7 (a) CHANGE IN STATUS OF INSPECTOR GENERAL OF

8 OFFICES.—Section 3(b) of the Inspector General Act of 

9 1978 (5 U.S.C. App.) is amended— 

10 (1) by inserting ‘‘, is placed on paid or unpaid 

11 non-duty status,’’ after ‘‘is removed from office’’; 

12 (2) by inserting ‘‘, change in status,’’ after 

13 ‘‘any such removal’’; and 

14 (3) by inserting ‘‘, change in status,’’ after ‘‘be15 fore the removal’’. 

16 (b) CHANGE IN STATUS OF INSPECTOR GENERAL OF

17 DESIGNATED FEDERAL ENTITIES.—Section 8G(e)(2) of 

18 the Inspector General Act of 1978 (5 U.S.C. App.) is 

19 amended— 

20 (1) by inserting ‘‘, is placed on paid or unpaid 

21 non-duty status,’’ after ‘‘office’’; 

22 (2) by inserting ‘‘, change in status,’’ after 

23 ‘‘any such removal’’; and 

24 (3) by inserting ‘‘, change in status,’’ after ‘‘be25 fore the removal’’. 


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1 (c) EFFECTIVE DATE.—The amendments made by 

2 this section shall take effect 30 days after the date of the 

3 enactment of this Act. 

4 SEC. 302. PRESIDENTIAL EXPLANATION OF FAILURE TO 

5 NOMINATE AN INSPECTOR GENERAL. 

6 (a) IN GENERAL.—Subchapter III of chapter 33 of 

7 title 5, United States Code, is amended by inserting after 

8 section 3349d the following new section: 

9 ‘‘§ 3349e. Presidential explanation of failure to nomi10 nate an Inspector General 

11 ‘‘If the President fails to make a formal nomination 

12 for a vacant Inspector General position within the period 

13 beginning on the date on which the vacancy occurred and 

14 ending on the day that is 210 days after that date, the 

15 President shall communicate, within 30 days after the end 

16 of such period, to Congress in writing — 

17 ‘‘(1) the reasons why the President has not yet 

18 made a formal nomination; and 

19 ‘‘(2) a target date for making a formal nomina20 tion.’’. 

21 (b) CLERICAL AMENDMENT.—The table of sections 

22 for chapter 33 of title 5, United States Code, is amended 

23 by inserting after the item relating to 3349d the following 

24 new item: 

‘‘3349e. Presidential explanation of failure to nominate an Inspector General.’’. 


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1 (c) EFFECTIVE DATE.—The amendment made by 

2 subsection (a) shall take effect on the date of the enact3 ment of this Act and shall apply to any vacancy first oc4 curring on or after that date. 

Æ 


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