717 
‘‘(C) a description of the nature and value 
of any assets with a value of $10,000 or 
more.’’. 
(c) REGULATIONS.—Not later than 120 days after 
the date of enactment of this Act, the Director of the Of-
fice of Government Ethics shall promulgate regulations to 
define the criteria required by section 701(a)(1) of the 
Ethics in Government Act of 1978 (as added by subsection 
(a)) and the term ‘‘significant financial interest’’ for pur-
poses of section 102(a)(9) of the Ethics in Government 
Act (as added by subsection (b)). 
SEC. 8013. INITIAL FINANCIAL DISCLOSURE. 
Subsection (a) of section 101 of the Ethics in Govern-
ment Act of 1978 (5 U.S.C. App.) is amended by striking 
‘‘position’’ and adding at the end the following: ‘‘position, 
with the exception of the President and Vice President, 
who must file a new report.’’. 
SEC. 8014. CONTRACTS BY THE PRESIDENT OR VICE PRESI-
DENT. 
(a) AMENDMENT.—Section 431 of title 18, United 
States Code, is amended— 
(1) in the section heading, by inserting ‘‘the 
President, Vice President, Cabinet Mem-
ber, or a’’ after ‘‘Contracts by’’; and 
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(2) in the first undesignated paragraph, by in-
serting ‘‘the President, Vice President, or any Cabi-
net member’’ after ‘‘Whoever, being’’. 
(b) TABLE OF SECTIONS AMENDMENT.—The table of 
sections for chapter 23 of title 18, United States Code, 
is amended by striking the item relating to section 431 
and inserting the following: 
‘‘431. Contracts by the President, Vice President, or a Member of Congress.’’. 
SEC. 8015. LEGAL DEFENSE FUNDS. 
(a) DEFINITIONS.—In this section— 
(1) the term ‘‘Director’’ means the Director of 
the Office of Government Ethics; 
(2) the term ‘‘legal defense fund’’ means a 
trust— 
(A) that has only one beneficiary; 
(B) that is subject to a trust agreement 
creating an enforceable fiduciary duty on the 
part of the trustee to the beneficiary, pursuant 
to the applicable law of the jurisdiction in which 
the trust is established; 
(C) that is subject to a trust agreement 
that provides for the mandatory public disclo-
sure of all donations and disbursements; 
(D) that is subject to a trust agreement 
that prohibits the use of its resources for any 
purpose other than— 
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(i) the administration of the trust; 
(ii) the payment or reimbursement of 
legal fees or expenses incurred in investiga-
tive, civil, criminal, or other legal pro-
ceedings relating to or arising by virtue of 
service by the trust’s beneficiary as an offi-
cer or employee, as defined in this section, 
or as an employee, contractor, consultant 
or volunteer of the campaign of the Presi-
dent or Vice President; or 
(iii) the distribution of unused re-
sources to a charity selected by the trustee 
that has not been selected or recommended 
by the beneficiary of the trust; 
(E) that is subject to a trust agreement 
that prohibits the use of its resources for any 
other purpose or personal legal matters, includ-
ing tax planning, personal injury litigation, pro-
tection of property rights, divorces, or estate 
probate; and 
(F) that is subject to a trust agreement 
that prohibits the acceptance of donations, ex-
cept in accordance with this section and the 
regulations of the Office of Government Ethics; 
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(3) the term ‘‘lobbying activity’’ has the mean-
ing given that term in section 3 of the Lobbying 
Disclosure Act of 1995 (2 U.S.C. 1602); 
(4) the term ‘‘officer or employee’’ means— 
(A) an officer (as that term is defined in 
section 2104 of title 5, United States Code) or 
employee (as that term is defined in section 
2105 of such title) of the executive branch of 
the Government; 
(B) the Vice President; and 
(C) the President; and 
(5) the term ‘‘relative’’ has the meaning given 
that term in section 3110 of title 5, United States 
Code. 
(b) LEGAL DEFENSE FUNDS.—An officer or em-
ployee may not accept or use any gift or donation for the 
payment or reimbursement of legal fees or expenses in-
curred in investigative, civil, criminal, or other legal pro-
ceedings relating to or arising by virtue of the officer or 
employee’s service as an officer or employee, as defined 
in this section, or as an employee, contractor, consultant 
or volunteer of the campaign of the President or Vice 
President except through a legal defense fund that is cer-
tified by the Director of the Office of Government Ethics. 
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(c) LIMITS ON GIFTS AND DONATIONS.—Not later 
than 120 days after the date of the enactment of this Act, 
the Director shall promulgate regulations establishing lim-
its with respect to gifts and donations described in sub-
section (b), which shall, at a minimum— 
(1) prohibit the receipt of any gift or donation 
described in subsection (b)— 
(A) from a single contributor (other than 
a relative of the officer or employee) in a total 
amount of more than $5,000 during any cal-
endar year; 
(B) from a registered lobbyist; 
(C) from a foreign government or an agent 
of a foreign principal; 
(D) from a State government or an agent 
of a State government; 
(E) from any person seeking official action 
from, or seeking to do or doing business with, 
the agency employing the officer or employee; 
(F) from any person conducting activities 
regulated by the agency employing the officer 
or employee; 
(G) from any person whose interests may 
be substantially affected by the performance or 
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nonperformance of the official duties of the offi-
cer or employee; 
(H) from an officer or employee of the ex-
ecutive branch; or 
(I) from any organization a majority of 
whose members are described in (A)–(H); and 
(2) require that a legal defense fund, in order 
to be certified by the Director, only permit distribu-
tions to the applicable officer or employee. 
(d) WRITTEN NOTICE.— 
(1) IN GENERAL.—An officer or employee who 
wishes to accept funds or have a representative ac-
cept funds from a legal defense fund shall first en-
sure that the proposed trustee of the legal defense 
fund submits to the Director the following informa-
tion: 
(A) The name and contact information for 
any proposed trustee of the legal defense fund. 
(B) A copy of any proposed trust docu-
ment for the legal defense fund. 
(C) The nature of the legal proceeding (or 
proceedings), investigation or other matter 
which give rise to the establishment of the legal 
defense fund. 
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(D) An acknowledgment signed by the offi-
cer or employee and the trustee indicating that 
they will be bound by the regulations and limi-
tation under this section. 
(2) APPROVAL.—An officer or employee may 
not accept any gift or donation to pay, or to reim-
burse any person for, fees or expenses described in 
subsection (b) of this section except through a legal 
defense fund that has been certified in writing by 
the Director following that office’s receipt and ap-
proval of the information submitted under para-
graph (1) and approval of the structure of the fund. 
(e) REPORTING.— 
(1) IN GENERAL.—An officer or employee who 
establishes a legal defense fund may not directly or 
indirectly accept distributions from a legal defense 
fund unless the fund has provided the Director a 
quarterly report for each quarter of every calendar 
year since the establishment of the legal defense 
fund that discloses, with respect to the quarter cov-
ered by the report— 
(A) the source and amount of each con-
tribution to the legal defense fund; and 
(B) the amount, recipient, and purpose of 
each expenditure from the legal defense fund, 
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including all distributions from the trust for 
any purpose. 
(2) PUBLIC AVAILABILITY.—The Director shall 
make publicly available online— 
(A) each report submitted under para-
graph (1) in a searchable, sortable, and 
downloadable form; 
(B) each trust agreement and any amend-
ment thereto; 
(C) the written notice and acknowledgment 
required by subsection (d); and 
(D) the Director’s written certification of 
the legal defense fund. 
(f) RECUSAL.—An officer or employee, other than the 
President and the Vice President, who is the beneficiary 
of a legal defense fund may not participate personally and 
substantially in any particular matter in which the officer 
or employee knows a donor of any source of a gift or dona-
tion to the legal defense fund established for the officer 
or employee has a financial interest, for a period of two 
years from the date of the most recent gift or donation 
to the legal defense fund. 
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Subtitle C—White House Ethics 
Transparency 
SEC. 8021. SHORT TITLE. 
This subtitle may be cited as the ‘‘White House Eth-
ics Transparency Act of 2021’’. 
SEC. 8022. PROCEDURE FOR WAIVERS AND AUTHORIZA-
TIONS RELATING TO ETHICS REQUIREMENTS. 
(a) IN GENERAL.—Notwithstanding any other provi-
sion of law, not later than 30 days after an officer or em-
ployee issues or approves a waiver or authorization pursu-
ant to any Executive order related to ethics commitments 
or compliance by covered employees, such officer or em-
ployee shall— 
(1) transmit a written copy of such waiver or 
authorization to the Director of the Office of Gov-
ernment Ethics; and 
(2) make a written copy of such waiver or au-
thorization available to the public on the website of 
the employing agency of the covered employee. 
(b) OFFICE
OF
GOVERNMENT
ETHICS
PUBLIC 
AVAILABILITY.—Not later than 30 days after receiving a 
written copy of a waiver or authorization under subsection 
(a)(1), the Director of the Office of Government Ethics 
shall make such waiver or authorization available to the 
public on the website of the Office of Government Ethics. 
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(c) DEFINITION OF COVERED EMPLOYEE.—In this 
section, the term ‘‘covered employee’’— 
(1) means a non-career Presidential or Vice 
Presidential appointee, non-career appointee in the 
Senior Executive Service (or other SES-type sys-
tem), or an appointee to a position that has been ex-
cepted from the competitive service by reason of 
being of a confidential or policymaking character 
(Schedule C and other positions excepted under com-
parable criteria) in an executive agency; and 
(2) does not include any individual appointed as 
a member of the Senior Foreign Service or solely as 
a uniformed service commissioned officer. 
Subtitle D—Executive Branch 
Ethics Enforcement 
SEC. 8031. SHORT TITLE. 
This subtitle may be cited as the ‘‘Executive Branch 
Comprehensive Ethics Enforcement Act of 2021’’. 
SEC. 8032. REAUTHORIZATION OF THE OFFICE OF GOVERN-
MENT ETHICS. 
Section 405 of the Ethics in Government Act of 1978 
(5 U.S.C. App.) is amended by striking ‘‘fiscal year 2007’’ 
and inserting ‘‘fiscal years 2021 through 2025.’’. 
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SEC. 8033. TENURE OF THE DIRECTOR OF THE OFFICE OF 
GOVERNMENT ETHICS. 
Section 401(b) of the Ethics in Government Act of 
1978 (5 U.S.C. App.) is amended by striking the period 
at the end and inserting ‘‘, subject to removal only for 
inefficiency, neglect of duty, or malfeasance in office. The 
Director may continue to serve beyond the expiration of 
the term until a successor is appointed and has qualified, 
except that the Director may not continue to serve for 
more than one year after the date on which the term would 
otherwise expire under this subsection.’’. 
SEC. 8034. DUTIES OF DIRECTOR OF THE OFFICE OF GOV-
ERNMENT ETHICS. 
(a) IN GENERAL.—Section 402(a) of the Ethics in 
Government Act of 1978 (5 U.S.C. App.) is amended by 
striking ‘‘, in consultation with the Office of Personnel 
Management,’’. 
(b) RESPONSIBILITIES OF THE DIRECTOR.—Section 
402(b) of the Ethics in Government Act of 1978 (5 U.S.C. 
App.) is amended— 
(1) in paragraph (1)— 
(A) by striking ‘‘developing, in consultation 
with the Attorney General and the Office of 
Personnel Management, rules and regulations 
to be promulgated by the President or the Di-
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rector’’ and inserting ‘‘developing and promul-
gating rules and regulations’’; and 
(B) by striking ‘‘title II’’ and inserting 
‘‘title I’’; 
(2) by striking paragraph (2) and inserting the 
following: 
‘‘(2) providing mandatory education and train-
ing programs for designated agency ethics officials, 
which may be delegated to each agency or the White 
House Counsel as deemed appropriate by the Direc-
tor;’’; 
(3) in paragraph (3), by striking ‘‘title II’’ and 
inserting ‘‘title I’’; 
(4) in paragraph (4), by striking ‘‘problems’’ 
and inserting ‘‘issues’’; 
(5) in paragraph (6)— 
(A) by striking ‘‘issued by the President or 
the Director’’; and 
(B) by striking ‘‘problems’’ and inserting 
‘‘issues’’; 
(6) in paragraph (7)— 
(A) by striking ‘‘, when requested,’’; and 
(B) by striking ‘‘conflict of interest prob-
lems’’ and inserting ‘‘conflicts of interest, as 
well as other ethics issues’’; 
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