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[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1028 Introduced in House (IH)]

<DOC>

116th CONGRESS
  1st Session
                                H. R. 1028

To reform certain ethics rules of the Federal Government, and for other 
                               purposes.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                            February 6, 2019

  Ms. Speier introduced the following bill; which was referred to the 
Committee on Oversight and Reform, and in addition to the Committees on 
     House Administration, 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 reform certain ethics rules of the Federal Government, 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 ``Restoring Integrity, Governance, 
Honesty, and Transparency Act of 2019'' or the ``RIGHT Act of 2019''.

SEC. 2. AMENDMENTS TO THE ETHICS IN GOVERNMENT ACT OF 1978.

    (a) References.--Except as otherwise expressly provided, whenever 
in this section an amendment or repeal is expressed in terms of an 
amendment to, or repeal of, a section or other provision, the reference 
shall be considered to be made to a section or other provision of the 
Ethics in Government Act of 1978 (5 U.S.C. App 101 et seq.).
    (b) Disclosure of Tax Returns of Candidates for the Office of 
President and Vice President.--
            (1) In general.--Section 102 is amended by adding at the 
        end the following:
    ``(j)(1) Any report filed pursuant to section 101(c) by an 
individual who is a candidate for the office of President or Vice 
President shall include the individual's return of Federal income tax 
for the taxable year ending in or with the applicable calendar year 
covered by such report and such returns for the previous nineteen 
taxable years.
    ``(2) If any person covered by paragraph (1) files the return for 
such taxable year with the Internal Revenue Service after the due date 
for such report, such return shall be submitted (in the same manner as 
such a report) not later than 30 days after such return was so filed.
    ``(3)(A) The Secretary of the Treasury, in consultation with the 
Director of the Office of Government Ethics, may issue regulations 
authorizing the redaction of personal information as the Secretary 
deems necessary to prevent identity theft or physical danger from 
disclosure of tax returns required under subsection (a).
    ``(B) Any redaction made in accordance with the regulations issued 
under subparagraph (A) shall be the sole and exclusive responsibility 
of the individual who filed the return, except that the Director may 
order the filer to remove any redaction the Director determines to be 
unauthorized.''.
            (2) Disclosure permitted.--Section 6103(i) of the Internal 
        Revenue Code of 1986 is amended by adding at the end the 
        following new paragraph:
            ``(9) Disclosure of tax returns under the ethics in 
        government act of 1978.--The Director of the Office of 
        Government Ethics may publically disclose returns described in 
        section 102(j) of the Ethics in Government Act of 1978 (Public 
        Law 95-521; 5 U.S.C. App. 102(j)) to the extent such returns 
        are required to be made available pursuant to such section.''.
            (3) Application.--The amendment made by--
                    (A) paragraph (1) shall apply to any individual who 
                becomes a candidate for the office, or assumes the 
                office, of President or Vice President, after the date 
                of enactment of this Act; and
                    (B) paragraph (2) shall apply to disclosures made 
                after the date of the enactment of this Act.
    (c) Disclosure of Donations to Legal Defense Funds.--Section 102 is 
further amended by adding at the end the following:
    ``(k)(1) Except as provided in paragraphs (2) and (3), each report 
filed pursuant to section 101 (d) and (e) shall include the following 
information regarding each contribution or reimbursement made, during 
the preceding calendar year, by any source for the purpose of paying on 
behalf of the reporting individual, or for the purpose of reimbursing 
the reporting individual or any other person for the payment of, a fee 
for legal services or a related expense incurred at the time when the 
reporting individual was an officer or employee of the Federal 
Government:
            ``(A) The identity of the source of the contribution or 
        reimbursement, including:
                    ``(i) a trust or other financial arrangement;
                    ``(ii) a person who made the contribution or 
                reimbursement on behalf of another; or
                    ``(iii) any other source.
            ``(B) The identity of each person who provided the source 
        with cash or a thing of value to be applied in support of the 
        contribution or reimbursement.
            ``(C) The value of the contribution or reimbursement.
            ``(D) The date of the contribution or reimbursement.
            ``(E) If the contribution or reimbursement was a thing of 
        value other than cash, a brief description of the thing of 
        value.
    ``(2) The disclosure requirement pursuant to paragraph (1) shall 
apply only to contributions and reimbursements aggregating more than 
the minimal value as established by section 7342(a)(5) of title 5, 
United States Code, or $250, whichever is greater, made during the 
preceding calendar year.
    ``(3) The disclosure requirement pursuant to paragraph (1) shall 
not apply to--
            ``(A) a contribution or reimbursement from a relative of 
        the reporting individual, unless the relative received, or has 
        an arrangement to receive, cash or a thing of value to be 
        applied in support of the contribution or reimbursement;
            ``(B) a contribution or reimbursement made in connection 
        with a fee for legal services or an expense that is unrelated 
        to the reporting individual's employment; or
            ``(C) a reduction or waiver of a fee for legal services by 
        the provider of the services, unless the provider has received, 
        or has an arrangement to receive, cash or a thing of value to 
        be applied in support of the reduction or waiver.
    ``(4) Nothing in paragraph (3) shall be construed to relieve a 
reporting individual of the disclosure requirement set forth at 
subsection (a)(2).''.
    (d) Increase in Penalty for Failure To File or Filing False 
Reports.--Section 104(a)(1) is amended by striking ``$50,000'' and 
inserting ``$200,000''.
    (e) Clarification of Application to Entire Executive Branch.--Title 
IV is amended--
            (1) in section 401, by adding at the end the following:
    ``(d) In this title, the term `executive agency' has the meaning 
given that term in section 105 of title 5, United States Code, and 
includes the United States Postal Service, the Postal Regulatory 
Commission, the Executive Office of the President, the Office of the 
Vice President, and the White House.''; and
            (2) in section 402(a), by striking ``, as defined in 
        section 105 of title 5, United States Code.''.
    (f) Responsibility of the Director Regarding Gifts.--Section 402(b) 
is amended--
            (1) in paragraph (14), by striking ``and'' at the end;
            (2) in paragraph (15), by striking the period and inserting 
        ``; and''; and
            (3) by adding at the end the following:
            ``(16) make rules, after consultation with the Attorney 
        General, for the requirements pertaining to acceptance of gifts 
        by executive branch employees and procedures for compliance 
        with such requirements.''.
    (g) Authority Regarding Regulations.--Section 402 is amended--
            (1) in subsection (a), by striking ``, in consultation with 
        the Office of Personnel Management,''; and
            (2) in subsection (b)--
                    (A) in paragraphs (1), (2), and (12), by striking 
                ``and the Office of Personnel Management'' in each 
                instance; and
                    (B) in paragraph (15), by striking ``in 
                consultation with the Office of Personnel 
                Management,''.
    (h) Limitation on Legal Defense Funds.--
            (1) Legal defense funds.--
                    (A) Not later than 180 days after the date of the 
                enactment of this Act, the Director of the Office of 
                Government Ethics shall issue final regulations 
                regarding the acceptance by any officer or employee of 
                the executive branch (not including the President or 
                Vice President) of reimbursement for, or payment of, 
                legal fees incurred in connection with the employee's 
                service in the executive branch or in connection with 
                the employee's participation in, assistance to, or 
                association with, a presidential campaign or president-
                elect transition team.
                    (B) Such regulations shall prohibit any executive 
                branch officer or employee covered by subparagraph (A) 
                from receiving any reimbursement or payment of fees as 
                described in such subparagraph, except that the 
                regulations may authorize, to the extent otherwise 
                permitted by applicable law and regulation (including 
                regulations under paragraph (16) of section 402(b) of 
                the Ethics in Government Act of 1978, as added by 
                subsection (f)(3)), such a reimbursement or payment by 
                a relative of the officer or employee or by a legal 
                expense fund approved (in writing) by the Director 
                that--
                            (i) exists solely to reimburse or pay the 
                        legal fees of one individual and owes that 
                        individual an exclusive fiduciary duty, with 
                        all unused funds going to charity;
                            (ii) makes comprehensive disclosure, as 
                        defined by the Director and including the 
                        disclosures required under section 102(f) of 
                        the Ethics in Government Act of 1978 (as added 
                        by subsection (c)), of all receipts and 
                        distributions by the fund; and
                            (iii) complies with all procedural and 
                        substantive requirements the Director deems 
                        necessary for the protection of the public's 
                        trust in Government and to prevent the 
                        appearance of impropriety.

SEC. 3. AMENDMENTS TO TITLE 5, UNITED STATES CODE.

    (a) Assessment of Penalties for Violating Anti-Nepotism Statute.--
Section 3110 of title 5, United States Code, is amended as follows:
            (1) In subsection (a)(1)(A), by inserting before the 
        semicolon the following: ``, including the White House and the 
        Executive Office of the President''.
            (2) By adding at the end the following:
    ``(f)(1) Any individual who knowingly is appointed or employed in 
violation of this section, and the public official who is a relative of 
such individual and who appoints, employs, or advocated for appointment 
or employment (as the case may be) of such individual, shall each be 
subject to a fine of $1,000 for each day the individual is so appointed 
or employed, except that--
            ``(A) in the case of a career employee, the maximum penalty 
        shall not exceed the employee's pay for the period of the 
        violation; and
            ``(B) in the case of a noncareer employee, there shall be 
        no limit on the liability under this subsection.
    ``(2) Any individual who is employed in violation of this section 
shall not be eligible for access to classified information.''.
    (b) Hatch Act Amendments.--
            (1) In general.--Section 7326 of title 5, United States 
        Code, is amended--
                    (A) by striking ``An employee'' and inserting ``(a) 
                An employee''; and
                    (B) by adding at the end the following:
    ``(b)(1) If the Office of Special Counsel determines that an 
employee of the White House or the Executive Office of the President 
has violated section 7323 or 7324, the Special Counsel shall submit a 
report to the President. The report shall include the recommended 
disciplinary action to be taken against the employee.
    ``(2)(A) On the date a report is received under paragraph (1), the 
President shall--
            ``(i) carry out the proposed disciplinary action contained 
        in that report against the applicable employee; or
            ``(ii) decline to carry out the proposed action.
    ``(B) If the President declines to carry out the proposed action 
pursuant to subparagraph (A)(ii), not later than 30 days after 
receiving the report the President shall submit (in writing) 
notification to the Special Counsel and the chair and ranking member of 
the Committee on Oversight and Reform of the House of Representatives 
and the Committee on Homeland Security and Governmental Affairs of the 
Senate, including a detailed explanation of why the action was not 
taken.
    ``(C) The Special Counsel shall publish the notification received 
under subparagraph (B) on the Office's public Internet website''.
            (2) Application.--The amendments made by paragraph (1) 
        shall apply to any violation of section 7323 or 7324 of title 
        5, United States Code, by an employee of the White House or the 
        Executive Office of the President occurring after the date of 
        enactment of this Act.

SEC. 4. DISCLOSURE OF TRAVEL BY SENIOR FEDERAL OFFICIALS.

    (a) Regulations.--Not later than 30 days after the date of 
enactment of this Act, the Administrator of General Services shall 
promulgate regulations to modify the requirements of section 301-70.907 
of title 41, Code of Federal Regulations, to require that the report 
required under such section--
            (1) be submitted on a quarterly basis; and
            (2) include, with respect to any instance of travel of a 
        senior Federal official or non-Federal traveler--
                    (A) an explanation of the decision to use a 
                Government aircraft and the type of aircraft used; and
                    (B) the estimated cost to the Government.
    (b) Publication.--The Administrator shall publish any report 
submitted under such section on the General Services Administration's 
public Internet website.

SEC. 5. LIMITATION ON AVAILABILITY OF FUNDS FOR EXPENSES INCURRED AT 
              PROPERTY OWNED BY FEDERAL EMPLOYEES.

    (a) In General.--In fiscal year 2018 and each fiscal year 
thereafter, no Federal funds may be obligated or expended to pay for an 
expense incurred at a property owned or operated by any covered 
individual or an immediate family member of such individual if the 
payment of the expense would result in a net financial benefit for such 
individual or an immediate family member of such individual, or any 
trust or organization in which the individual or the immediate family 
member has a financial interest.
    (b) Definitions.--In this section--
            (1) the term ``covered individual'' means--
                    (A) the President;
                    (B) the Vice President; and
                    (C) any Federal employee;
            (2) the term ``Federal employee'' has the meaning given the 
        term ``employee'' in section 2105 of title 5, United States 
        Code, and includes any officer or employee of the United States 
        Postal Service, the Postal Regulatory Commission, the Executive 
        Office of the President, or the White House; and
            (3) the term ``immediate family member'', with respect to a 
        covered individual, means--
                    (A) the spouse of such individual; or
                    (B) any adult or minor child of such individual.

SEC. 6. PROHIBITION ON DONATIONS BY GOVERNMENT CONTRACTORS TO INAUGURAL 
              COMMITTEES.

    Section 317 of the Federal Election Campaign Act of 1971 (52 U.S.C. 
30119) is amended--
            (1) by amending the heading to read as follows: 
        ``contributions and other donations by government 
        contractors'';
            (2) in subsection (a)--
                    (A) in paragraph (1), by inserting ``, or directly 
                or indirectly to make a donation of money or other 
                thing of value, or to promise expressly or impliedly to 
                make any such donation to an Inaugural Committee'' 
                after ``political purpose or use''; and
                    (B) in paragraph (2), by inserting ``or donation'' 
                after ``contribution''; and
            (3) by adding at the end the following new subsection:
    ``(d) For purposes of this section, the term `Inaugural Committee' 
has the meaning given it by section 501 of title 36, United States 
Code.''.

SEC. 7. DISCLOSURE OF AND PROHIBITION ON CERTAIN DONATIONS TO INAUGURAL 
              COMMITTEE.

    Section 510(c) of title 36, United States Code is amended by 
striking the period at the end and inserting ``or from a government 
contractor (as described in section 317(a)(1) of such Act (52 U.S.C. 
30119(a)(1)).''.
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