I 
108TH CONGRESS 
1ST SESSION H. R. 1603
To amend the Ethics in Government Act of 1978 (5 U.S.C. App.) to 
streamline the financial disclosure process for executive branch employees. 
IN THE HOUSE OF REPRESENTATIVES 
APRIL 3, 2003
Mrs. JO ANN DAVIS of Virginia (for herself and Mr. PUTNAM) introduced the 
following bill; which was referred to the Committee on Government Re-
form, and in addition to the Committees on the Judiciary, and House Ad-
ministration, for a period to be subsequently determined by the Speaker, 
in each case for consideration of such provisions as fall within the juris-
diction of the committee concerned 
A BILL 
To amend the Ethics in Government Act of 1978 (5 U.S.C. 
App.) to streamline the financial disclosure process for 
executive branch employees.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Presidential Appoint-
ments Improvement Act of 2003’’. 
SEC. 2. PURPOSES. 
The purposes of this Act are to—
(1) improve the Presidential appointment proc-
ess without violating the spirit and letter of conflict 
of interest laws; and 
(2) provide a newly elected President the ability 
to submit all nominations to the Senate for all Presi-
dential appointments as expeditiously as possible 
after the President takes office. 
SEC. 3. PUBLIC FINANCIAL DISCLOSURE FOR JUDICIAL 
AND LEGISLATIVE PERSONNEL. 
Title I of the Ethics in Government Act of 1978 (5 
U.S.C. App.) is amended to read as follows: 
‘‘TITLE I—JUDICIAL AND LEGIS-
LATIVE PERSONNEL FINAN-
CIAL DISCLOSURE REQUIRE-
MENTS 
‘‘SEC. 101. PERSONS REQUIRED TO FILE. 
‘‘(a) Within 30 days of assuming the position of an 
officer or employee described in subsection (f), an indi-
vidual shall file a report containing the information de-
scribed in section 102(b) unless the individual has left an-
other position described in subsection (f) or section 201(f) 
within 30 days prior to assuming such new position or 
has already filed a report under this title with respect to 
nomination for the new position or as a candidate for the 
position.
‘‘(b)(1) Within 5 days of the transmittal by the Presi-
dent to the Senate of the nomination of an individual to 
a position in the legislative or judicial branch, appoint-
ment to which requires the advice and consent of the Sen-
ate, such individual shall file a report containing the infor-
mation described in section 102(b). Such individual shall, 
not later than the date of the first hearing to consider 
the nomination of such individual, make current the report 
filed pursuant to this paragraph by filing the information 
required by section 102(a)(1)(A) with respect to income 
and honoraria received as of the date which occurs 5 days 
before the date of such hearing. Nothing in this Act shall 
prevent any congressional committee from requesting, as 
a condition of confirmation, any additional financial infor-
mation from any Presidential nominee whose nomination 
has been referred to that committee. 
‘‘(2) An individual whom the President or the Presi-
dent-elect has publicly announced he intends to nominate 
to a position may file the report required by paragraph 
(1) at any time after that public announcement, but not 
later than is required under the first sentence of such 
paragraph. 
‘‘(c) Within 30 days of becoming a candidate as de-
fined in section 301 of the Federal Campaign Act of 1971, 
in a calendar year for nomination or election to the office
of Member of Congress, or on or before May 15 of that 
calendar year, whichever is later, but in no event later 
than 30 days before the election, and on or before May 
15 of each successive year an individual continues to be 
a candidate, an individual other than an incumbent Mem-
ber of Congress shall file a report containing the informa-
tion described in section 102(b). Notwithstanding the pre-
ceding sentence, in any calendar year in which an indi-
vidual continues to be a candidate for any office but all 
elections for such office relating to such candidacy were 
held in prior calendar years, such individual need not file 
a report unless he becomes a candidate for another va-
cancy in that office or another office during that year. 
‘‘(d) Any individual who is an officer or employee de-
scribed in subsection (f) during any calendar year and per-
forms the duties of his position or office for a period in 
excess of 60 days in that calendar year shall file on or 
before May 15 of the succeeding year a report containing 
the information described in section 102(a). 
‘‘(e) Any individual who occupies a position described 
in subsection (f) shall, on or before the thirtieth day after 
termination of employment in such position, file a report 
containing the information described in section 102(a) 
covering the preceding calendar year if the report required 
by subsection (d) has not been filed and covering the por-
tion of the calendar year in which such termination occurs 
up to the date the individual left such office or position, 
unless such individual has accepted employment in an-
other position described in subsection (f) or section 201(f). 
‘‘(f) The officers and employees referred to in sub-
sections (a), (d), and (e) are—
‘‘(1) a Member of Congress as defined under 
section 109(10); 
‘‘(2) an officer or employee of the Congress as 
defined under section 109(11); 
‘‘(3) a judicial officer as defined under section 
109(8); and 
‘‘(4) a judicial employee as defined under sec-
tion 109(6). 
‘‘(g) Reasonable extensions of time for filing any re-
port may be granted under procedures prescribed by the 
supervising ethics office for each branch, but the total of 
such extensions shall not exceed 90 days. 
‘‘(h) The provisions of subsections (a), (b), and (e) 
shall not apply to an individual who, as determined by the 
congressional ethics committees or the Judicial Con-
ference, is not reasonably expected to perform the duties
of his office or position for more than 60 days in a cal-
endar year, except that if such individual performs the du-
ties of his office or position for more than 60 days in a 
calendar year—
‘‘(1) the report required by subsections (a) and 
(b) shall be filed within 15 days of the sixtieth day, 
and 
‘‘(2) the report required by subsection (e) shall 
be filed as provided in such subsection. 
‘‘(i) The supervising ethics office for each branch may 
grant a publicly available request for a waiver of any re-
porting requirement under this section for an individual 
who is expected to perform or has performed the duties 
of his office or position less than 130 days in a calendar 
year, but only if the supervising ethics office determines 
that—
‘‘(1) such individual is not a full-time employee 
of the Government, 
‘‘(2) such individual is able to provide services 
specially needed by the Government, 
‘‘(3) it is unlikely that the individual’s outside 
employment or financial interests will create a con-
flict of interest, and 
‘‘(4) public financial disclosure by such indi-
vidual is not necessary in the circumstances.
‘‘SEC. 102. CONTENTS OF REPORTS. 
‘‘(a) Each report filed pursuant to section 101 (d) 
and (e) shall include a full and complete statement with 
respect to the following: 
‘‘(1)(A) The source, type, and amount or value 
of income (other than income referred to in subpara-
graph (B)) from any source (other than from cur-
rent employment by the United States Government), 
and the source, date, and amount of honoraria from 
any source, received during the preceding calendar 
year, aggregating $200 or more in value and the 
source, date, and amount of payments made to char-
itable organizations in lieu of honoraria, and the re-
porting individual shall simultaneously file with the 
applicable supervising ethics office, on a confidential 
basis, a corresponding list of recipients of all such 
payments, together with the dates and amounts of 
such payments. 
‘‘(B) The source and type of income which con-
sists of dividends, rents, interest, and capital gains, 
received during the preceding calendar year which 
exceeds $200 in amount or value, and an indication 
of which of the following categories the amount or 
value of such item of income is within: 
‘‘(i) Not more than $1,000.
‘‘(ii) Greater than $1,000 but not more 
than $2,500. 
‘‘(iii) Greater than $2,500 but not more 
than $5,000. 
‘‘(iv) Greater than $5,000 but not more 
than $15,000. 
‘‘(v) Greater than $15,000 but not more 
than $50,000. 
‘‘(vi) Greater than $50,000 but not more 
than $100,000. 
‘‘(vii) Greater than $100,000 but not more 
than $1,000,000. 
‘‘(viii) Greater than $1,000,000 but not 
more than $5,000,000. 
‘‘(ix) Greater than $5,000,000. 
‘‘(2)(A) The identity of the source, a brief de-
scription, and the value of all gifts aggregating more 
than the minimal value as established by section 
7342(a)(5) of title 5, United States Code, or $250, 
whichever is greater, received from any source other 
than a relative of the reporting individual during the 
preceding calendar year, except that any food, lodg-
ing, or entertainment received as personal hospitality 
of an individual need not be reported, and any gift 
with a fair market value of $100 or less, as adjusted
at the same time and by the same percentage as the 
minimal value is adjusted, need not be aggregated 
for purposes of this subparagraph. 
‘‘(B) The identity of the source and a brief de-
scription (including a travel itinerary, dates, and na-
ture of expenses provided) of reimbursements re-
ceived from any source aggregating more than the 
minimal value as established by section 7342(a)(5) 
of title 5, United States Code, or $250, whichever is 
greater and received during the preceding calendar 
year. 
‘‘(C) In an unusual case, a gift need not be ag-
gregated under subparagraph (A) if a publicly avail-
able request for a waiver is granted. 
‘‘(3) The identity and category of value of any 
interest in property held during the preceding cal-
endar year in a trade or business, or for investment 
or the production of income, which has a fair market 
value which exceeds $1,000 as of the close of the 
preceding calendar year, excluding any personal li-
ability owed to the reporting individual by a spouse, 
or by a parent, brother, sister, or child of the report-
ing individual or of the reporting individual’s spouse, 
or any deposits aggregating $5,000 or less in a per-
sonal savings account. For purposes of this para-
graph, a personal savings account shall include any 
certificate of deposit or any other form of deposit in 
a bank, savings and loan association, credit union, 
or similar financial institution. 
‘‘(4) The identity and category of value of the 
total liabilities owed to any creditor other than a 
spouse, or a parent, brother, sister, or child of the 
reporting individual or of the reporting individual’s 
spouse which exceed $10,000 at any time during the 
preceding calendar year, excluding—
‘‘(A) any mortgage secured by real prop-
erty which is a personal residence of the report-
ing individual or his spouse; and 
‘‘(B) any loan secured by a personal motor 
vehicle, household furniture, or appliances, 
which loan does not exceed the purchase price 
of the item which secures it. 
With respect to revolving charge accounts, only 
those with an outstanding liability which exceeds 
$10,000 as of the close of the preceding calendar 
year need be reported under this paragraph. 
‘‘(5) Except as provided in this paragraph, a 
brief description, the date, and category of value of 
any purchase, sale or exchange during the preceding 
calendar year which exceeds $1,000—
‘‘(A) in real property, other than property 
used solely as a personal residence of the re-
porting individual or his spouse; or 
‘‘(B) in stocks, bonds, commodities fu-
tures, and other forms of securities. 
Reporting is not required under this paragraph of 
any transaction solely by and between the reporting 
individual, his spouse, or dependent children. 
‘‘(6)(A) The identity of all positions held on or 
before the date of filing during the current calendar 
year (and, for the first report filed by an individual, 
during the 2-year period preceding such calendar 
year) as an officer, director, trustee, partner, propri-
etor, representative, employee, or consultant of any 
corporation, company, firm, partnership, or other 
business enterprise, any nonprofit organization, any 
labor organization, or any educational or other insti-
tution other than the United States. This subpara-
graph shall not require the reporting of positions 
held in any religious, social, fraternal, or political 
entity and positions solely of an honorary nature. 
‘‘(B) If any person, other than the United 
States Government, paid a nonelected reporting indi-
vidual compensation in excess of $5,000 in any of 
the 2 calendar years prior to the calendar year dur-
ing which the individual files his first report under 
this title, the individual shall include in the report—
‘‘(i) the identity of each source of such 
compensation; and 
‘‘(ii) a brief description of the nature of 
the duties performed or services rendered by 
the reporting individual for each such source. 
The preceding sentence shall not require any indi-
vidual to include in such report any information 
which is considered confidential as a result of a priv-
ileged relationship, established by law, between such 
individual and any person nor shall it require an in-
dividual to report any information with respect to 
any person for whom services were provided by any 
firm or association of which such individual was a 
member, partner, or employee unless such individual 
was directly involved in the provision of such serv-
ices. 
‘‘(7) A description of the date, parties to, and 
terms of any agreement or arrangement with respect 
to—
‘‘(A) future employment; 
‘‘(B) a leave of absence during the period 
of the reporting individual’s Government serv-
ice;
‘‘(C) continuation of payments by a former 
employer other than the United States Govern-
ment; and 
‘‘(D) continuing participation in an em-
ployee welfare or benefit plan maintained by a 
former employer. 
‘‘(8) The category of the total cash value of any 
interest of the reporting individual in a qualified 
blind trust, unless the trust instrument was executed 
prior to July 24, 1995, and precludes the beneficiary 
from receiving information on the total cash value of 
any interest in the qualified blind trust. 
‘‘(b)(1) Each report filed pursuant to subsections (a), 
(b), and (c) of section 101 shall include a full and complete 
statement with respect to the information required by—
‘‘(A) paragraph (1) of subsection (a) for the 
year of filing and the preceding calendar year, 
‘‘(B) paragraphs (3) and (4) of subsection (a) 
as of the date specified in the report but which is 
less than 31 days before the filing date, and 
‘‘(C) paragraphs (6) and (7) of subsection (a) 
as of the filing date but for periods described in 
such paragraphs. 
‘‘(2)(A) In lieu of filling out 1 or more schedules of 
a financial disclosure form, an individual may supply the
required information in an alternative format, pursuant 
to either rules adopted by the supervising ethics office for 
the branch in which such individual serves or pursuant 
to a specific written determination by such office for a 
reporting individual. 
‘‘(B) In lieu of indicating the category of amount or 
value of any item contained in any report filed under this 
title, a reporting individual may indicate the exact dollar 
amount of such item. 
‘‘(c) In the case of any individual described in section 
101(e), any reference to the preceding calendar year shall 
be considered also to include that part of the calendar year 
of filing up to the date of the termination of employment. 
‘‘(d)(1) The categories for reporting the amount or 
value of the items covered in paragraphs (3), (4), (5), and 
(8) of subsection (a) are—
‘‘(A) not more than $15,000; 
‘‘(B) greater than $15,000 but not more than 
$50,000; 
‘‘(C) greater than $50,000 but not more than 
$100,000; 
‘‘(D) greater than $100,000 but not more than 
$250,000; 
‘‘(E) greater than $250,000 but not more than 
$500,000;
‘‘(F) greater than $500,000 but not more than 
$1,000,000; 
‘‘(G) greater than $1,000,000 but not more 
than $5,000,000; 
‘‘(H) greater than $5,000,000 but not more 
than $25,000,000; 
‘‘(I) greater than $25,000,000 but not more 
than $50,000,000; and 
‘‘(J) greater than $50,000,000. 
‘‘(2) For the purposes of paragraph (3) of subsection 
(a) if the current value of an interest in real property (or 
an interest in a real estate partnership) is not ascertain-
able without an appraisal, an individual may list (A) the 
date of purchase and the purchase price of the interest 
in the real property, or (B) the assessed value of the real 
property for tax purposes, adjusted to reflect the market 
value of the property used for the assessment if the as-
sessed value is computed at less than 100 percent of such 
market value, but such individual shall include in his re-
port a full and complete description of the method used 
to determine such assessed value, instead of specifying a 
category of value pursuant to paragraph (1) of this sub-
section. If the current value of any other item required 
to be reported under paragraph (3) of subsection (a) is 
not ascertainable without an appraisal, such individual
may list the book value of a corporation whose stock is 
not publicly traded, the net worth of a business partner-
ship, the equity value of an individually owned business, 
or with respect to other holdings, any recognized indica-
tion of value, but such individual shall include in his report 
a full and complete description of the method used in de-
termining such value. In lieu of any value referred to in 
the preceding sentence, an individual may list the assessed 
value of the item for tax purposes, adjusted to reflect the 
market value of the item used for the assessment if the 
assessed value is computed at less than 100 percent of 
such market value, but a full and complete description of 
the method used in determining such assessed value shall 
be included in the report. 
‘‘(e)(1) Except as provided in the last sentence of this 
paragraph, each report required by section 101 shall also 
contain information listed in paragraphs (1) through (5) 
of subsection (a) of this section respecting the spouse or 
dependent child of the reporting individual as follows: 
‘‘(A) The source of items of earned income 
earned by a spouse from any person which exceed 
$1,000 and the source and amount of any honoraria 
received by a spouse, except that, with respect to 
earned income (other than honoraria), if the spouse 
is self-employed in business or a profession, only the
nature of such business or profession need be re-
ported. 
‘‘(B) All information required to be reported in 
subsection (a)(1)(B) with respect to income derived 
by a spouse or dependent child from any asset held 
by the spouse or dependent child and reported pur-
suant to subsection (a)(3). 
‘‘(C) In the case of any gifts received by a 
spouse or dependent child which are not received to-
tally independent of the relationship of the spouse or 
dependent child to the reporting individual, the iden-
tity of the source and a brief description of gifts of 
transportation, lodging, food, or entertainment and 
a brief description and the value of other gifts. 
‘‘(D) In the case of any reimbursements re-
ceived by a spouse or dependent child which are not 
received totally independent of the relationship of 
the spouse or dependent child to the reporting indi-
vidual, the identity of the source and a brief descrip-
tion of each such reimbursement. 
‘‘(E) In the case of items described in para-
graphs (3) through (5) of subsection (a), all infor-
mation required to be reported under these para-
graphs other than items (i) which the reporting indi-
vidual certifies represent the spouse’s or dependent
child’s sole financial interest or responsibility and 
which the reporting individual has no knowledge of, 
(ii) which are not in any way, past or present, de-
rived from the income, assets, or activities of the re-
porting individual, and (iii) from which the reporting 
individual neither derives, nor expects to derive, any 
financial or economic benefit. 
‘‘(F) For purposes of this section, categories 
with amounts or values greater than $1,000,000 set 
forth in sections 102 (a)(1)(B) and (d)(1) shall 
apply to the income, assets, or liabilities of spouses 
and dependent children only if the income, assets, or 
liabilities are held jointly with the reporting indi-
vidual. All other income, assets, or liabilities of the 
spouse or dependent children required to be reported 
under this section in an amount or value greater 
than $1,000,000 shall be categorized only as an 
amount or value greater than $1,000,000. 
Reports required by subsections (a), (b), and (c) of section 
101 shall, with respect to the spouse and dependent child 
of the reporting individual, only contain information listed 
in paragraphs (1), (3), and (4) of subsection (a), as speci-
fied in this paragraph. 
‘‘(2) No report shall be required with respect to a 
spouse living separate and apart from the reporting indi-
vidual with the intention of terminating the marriage or 
providing for permanent separation; or with respect to any 
income or obligations of an individual arising from the dis-
solution of his marriage or the permanent separation from 
his spouse. 
‘‘(f)(1) Except as provided in paragraph (2), each re-
porting individual shall report the information required to 
be reported pursuant to subsections (a), (b), and (c) of 
this section with respect to the holdings of and the income 
from a trust or other financial arrangement from which 
income is received by, or with respect to which a beneficial 
interest in principal or income is held by, such individual, 
his spouse, or any dependent child. 
‘‘(2) A reporting individual need not report the hold-
ings of or the source of income from any of the holdings 
of—
‘‘(A) any qualified blind trust (as defined in 
paragraph (3)); 
‘‘(B) a trust—
‘‘(i) which was not created directly by such 
individual, his spouse, or any dependent child, 
and 
‘‘(ii) the holdings or sources of income of 
which such individual, his spouse, and any de-
pendent child have no knowledge of; or
‘‘(C) an entity described under the provisions of 
paragraph (8), but such individual shall report the 
category of the amount of income received by him, 
his spouse, or any dependent child from the trust or 
other entity under subsection (a)(1)(B) of this sec-
tion. 
‘‘(3) For purposes of this subsection, the term ‘quali-
fied blind trust’ includes any trust in which a reporting 
individual, his spouse, or any minor or dependent child 
has a beneficial interest in the principal or income, and 
which meets the following requirements: 
‘‘(A)(i) The trustee of the trust and any other 
entity designated in the trust instrument to perform 
fiduciary duties is a financial institution, an attor-
ney, a certified public accountant, a broker, or an in-
vestment advisor who—
‘‘(I) is independent of and not associated 
with any interested party so that the trustee or 
other person cannot be controlled or influenced 
in the administration of the trust by any inter-
ested party; 
‘‘(II) is not and has not been an employee 
of or affiliated with any interested party and is 
not a partner of, or involved in any joint ven-
ture or other investment with, any interested 
party; and 
‘‘(III) is not a relative of any interested 
party. 
‘‘(ii) Any officer or employee of a trustee or 
other entity who is involved in the management or 
control of the trust—
‘‘(I) is independent of and not associated 
with any interested party so that such officer or 
employee cannot be controlled or influenced in 
the administration of the trust by any inter-
ested party; 
‘‘(II) is not a partner of, or involved in any 
joint venture or other investment with, any in-
terested party; and 
‘‘(III) is not a relative of any interested 
party. 
‘‘(B) Any asset transferred to the trust by an 
interested party is free of any restriction with re-
spect to its transfer or sale unless such restriction 
is expressly approved by the supervising ethics office 
of the reporting individual. 
‘‘(C) The trust instrument which establishes the 
trust provides that—
‘‘(i) except to the extent provided in sub-
paragraph (B) of this paragraph, the trustee in 
the exercise of his authority and discretion to 
manage and control the assets of the trust shall 
not consult or notify any interested party; 
‘‘(ii) the trust shall not contain any asset 
the holding of which by an interested party is 
prohibited by any law or regulation; 
‘‘(iii) the trustee shall promptly notify the 
reporting individual and his supervising ethics 
office when the holdings of any particular asset 
transferred to the trust by any interested party 
are disposed of or when the value of such hold-
ing is less than $1,000; 
‘‘(iv) the trust tax return shall be prepared 
by the trustee or his designee, and such return 
and any information relating thereto (other 
than the trust income summarized in appro-
priate categories necessary to complete an inter-
ested party’s tax return), shall not be disclosed 
to any interested party; 
‘‘(v) an interested party shall not receive 
any report on the holdings and sources of in-
come of the trust, except a report at the end of 
each calendar quarter with respect to the total
cash value of the interest of the interested party 
in the trust or the net income or loss of the 
trust or any reports necessary to enable the in-
terested party to complete an individual tax re-
turn required by law or to provide the informa-
tion required by subsection (a)(1) of this sec-
tion, but such report shall not identify any 
asset or holding; 
‘‘(vi) except for communications which 
solely consist of requests for distributions of 
cash or other unspecified assets of the trust, 
there shall be no direct or indirect communica-
tion between the trustee and an interested 
party with respect to the trust unless such com-
munication is in writing and unless it relates 
only (I) to the general financial interest and 
needs of the interested party (including, but not 
limited to, an interest in maximizing income or 
long-term capital gain), (II) to the notification 
of the trustee of a law or regulation subse-
quently applicable to the reporting individual 
which prohibits the interested party from hold-
ing an asset, which notification directs that the 
asset not be held by the trust, or (III) to direc-
tions to the trustee to sell all of an asset ini-
tially placed in the trust by an interested party 
which in the determination of the reporting in-
dividual creates a conflict of interest or the ap-
pearance thereof due to the subsequent assump-
tion of duties by the reporting individual (but 
nothing herein shall require any such direction); 
and 
‘‘(vii) the interested parties shall make no 
effort to obtain information with respect to the 
holdings of the trust, including obtaining a copy 
of any trust tax return filed or any information 
relating thereto except as otherwise provided in 
this subsection. 
‘‘(D) The proposed trust instrument and the 
proposed trustee is approved by the reporting indi-
vidual’s supervising ethics office. 
‘‘(E) For purposes of this subsection, ‘inter-
ested party’ means a reporting individual, his 
spouse, and any minor or dependent child; ‘broker’ 
has the meaning set forth in section 3(a)(4) of the 
Securities and Exchange Act of 1934 (15 U.S.C. 
78c(a)(4)); and ‘investment adviser’ includes any in-
vestment adviser who, as determined under regula-
tions prescribed by the supervising ethics office, is
generally involved in his role as such an adviser in 
the management or control of trusts. 
‘‘(F) Any trust qualified by a supervising ethics 
office before January 1, 1991, shall continue to be 
governed by the law and regulations in effect imme-
diately before such effective date. 
‘‘(4)(A) An asset placed in a trust by an interested 
party shall be considered a financial interest of the report-
ing individual, for the purposes of any applicable conflict 
of interest statutes, regulations, or rules of the Federal 
Government (including section 208 of title 18, United 
States Code), until such time as the reporting individual 
is notified by the trustee that such asset has been disposed 
of, or has a value of less than $1,000. 
‘‘(B)(i) The provisions of subparagraph (A) shall not 
apply with respect to a trust created for the benefit of 
a reporting individual, or the spouse, dependent child, or 
minor child of such a person, if the supervising ethics of-
fice for such reporting individual finds that—
‘‘(I) the assets placed in the trust consist of a 
well-diversified portfolio of readily marketable securi-
ties; 
‘‘(II) none of the assets consist of securities of 
entities having substantial activities in the area of
the reporting individual’s primary area of responsi-
bility; 
‘‘(III) the trust instrument prohibits the trust-
ee, notwithstanding the provisions of paragraph 
(3)(C) (iii) and (iv) of this subsection, from making 
public or informing any interested party of the sale 
of any securities; 
‘‘(IV) the trustee is given power of attorney, 
notwithstanding 
the 
provisions 
of 
paragraph 
(3)(C)(v) of this subsection, to prepare on behalf of 
any interested party the personal income tax returns 
and similar returns which may contain information 
relating to the trust; and 
‘‘(V) except as otherwise provided in this para-
graph, the trust instrument provides (or in the case 
of a trust established prior to January 1, 1991, 
which by its terms does not permit amendment, the 
trustee, the reporting individual, and any other in-
terested party agree in writing) that the trust shall 
be administered in accordance with the requirements 
of this subsection and the trustee of such trust 
meets the requirements of paragraph (3)(A). 
‘‘(ii) In any instance covered by subparagraph (B) 
in which the reporting individual is an individual whose 
nomination is being considered by a congressional com-
mittee, the reporting individual shall inform the congres-
sional committee considering his nomination before or dur-
ing the period of such individual’s confirmation hearing 
of his intention to comply with this paragraph. 
‘‘(5)(A) The reporting individual shall, within 30 
days after a qualified blind trust is approved by his super-
vising ethics office, file with such office a copy of—
‘‘(i) the executed trust instrument of such trust 
(other than those provisions which relate to the tes-
tamentary disposition of the trust assets), and 
‘‘(ii) a list of the assets which were transferred 
to such trust, including the category of value of each 
asset as determined under subsection (d) of this sec-
tion. 
This subparagraph shall not apply with respect to a trust 
meeting the requirements for being considered a qualified 
blind trust under paragraph (7) of this subsection. 
‘‘(B) The reporting individual shall, within 30 days 
of transferring an asset (other than cash) to a previously 
established qualified blind trust, notify his supervising eth-
ics office of the identity of each such asset and the cat-
egory of value of each asset as determined under sub-
section (d) of this section. 
‘‘(C) Within 30 days of the dissolution of a qualified 
blind trust, a reporting individual shall—
‘‘(i) notify his supervising ethics office of such 
dissolution, and 
‘‘(ii) file with such office a copy of a list of the 
assets of the trust at the time of such dissolution 
and the category of value under subsection (d) of 
this section of each such asset. 
‘‘(D) Documents filed under subparagraphs (A), (B), 
and (C) of this paragraph and the lists provided by the 
trustee of assets placed in the trust by an interested party 
which have been sold shall be made available to the public 
in the same manner as a report is made available under 
section 105 and the provisions of that section shall apply 
with respect to such documents and lists. 
‘‘(E) A copy of each written communication with re-
spect to the trust under paragraph (3)(C)(vi) shall be filed 
by the person initiating the communication with the re-
porting individual’s supervising ethics office within 5 days 
of the date of the communication. 
‘‘(6)(A) A trustee of a qualified blind trust shall not 
knowingly and willfully, or negligently, (i) disclose any in-
formation to an interested party with respect to such trust 
that may not be disclosed under paragraph (3) of this sub-
section; (ii) acquire any holding the ownership of which 
is prohibited by the trust instrument; (iii) solicit advice 
from any interested party with respect to such trust, which
solicitation is prohibited by paragraph (3) of this sub-
section or the trust agreement; or (iv) fail to file any docu-
ment required by this subsection. 
‘‘(B) A reporting individual shall not knowingly and 
willfully, or negligently, (i) solicit or receive any informa-
tion with respect to a qualified blind trust of which he 
is an interested party that may not be disclosed under 
paragraph (3)(C) of this subsection or (ii) fail to file any 
document required by this subsection. 
‘‘(C)(i) The Attorney General may bring a civil action 
in any appropriate United States district court against 
any individual who knowingly and willfully violates the 
provisions of subparagraph (A) or (B) of this paragraph. 
The court in which such action is brought may assess 
against such individual a civil penalty in any amount not 
to exceed $10,000. 
‘‘(ii) The Attorney General may bring a civil action 
in any appropriate United States district court against 
any individual who negligently violates the provisions of 
subparagraph (A) or (B) of this paragraph. The court in 
which such action is brought may assess against such indi-
vidual a civil penalty in any amount not to exceed $5,000. 
‘‘(7) Any trust may be considered to be a qualified 
blind trust if—
‘‘(A) the trust instrument is amended to comply 
with the requirements of paragraph (3) or, in the 
case of a trust instrument which does not by its 
terms permit amendment, the trustee, the reporting 
individual, and any other interested party agree in 
writing that the trust shall be administered in ac-
cordance with the requirements of this subsection 
and the trustee of such trust meets the requirements 
of paragraph (3)(A); except that in the case of any 
interested party who is a dependent child, a parent 
or guardian of such child may execute the agreement 
referred to in this subparagraph; 
‘‘(B) a copy of the trust instrument (except tes-
tamentary provisions) and a copy of the agreement 
referred to in subparagraph (A), and a list of the as-
sets held by the trust at the time of approval by the 
supervising ethics office, including the category of 
value of each asset as determined under subsection 
(d) of this section, are filed with such office and 
made available to the public as provided under para-
graph (5)(D) of this subsection; and 
‘‘(C) the supervising ethics office determines 
that approval of the trust arrangement as a quali-
fied blind trust is in the particular case appropriate
to assure compliance with applicable laws and regu-
lations. 
‘‘(8) A reporting individual shall not be required to 
report the financial interests held by a widely held invest-
ment fund (whether such fund is a mutual fund, regulated 
investment company, pension or deferred compensation 
plan, or other investment fund), if—
‘‘(A)(i) the fund is publicly traded; or 
‘‘(ii) the assets of the fund are widely diversi-
fied; and 
‘‘(B) the reporting individual neither exercises 
control over nor has the ability to exercise control 
over the financial interests held by the fund. 
‘‘(g) Political campaign funds, including campaign re-
ceipts and expenditures, need not be included in any re-
port filed pursuant to this title. 
‘‘(h) A report filed pursuant to subsection (a), (d), 
or (e) of section 101 need not contain the information de-
scribed in subparagraphs (A), (B), and (C) of subsection 
(a)(2) with respect to gifts and reimbursements received 
in a period when the reporting individual was not an offi-
cer or employee of the Federal Government. 
‘‘(i) A reporting individual shall not be required 
under this title to report—
‘‘(1) financial interests in or income derived 
from—
‘‘(A) any retirement system under title 5, 
United States Code (including the Thrift Sav-
ings Plan under subchapter III of chapter 84 of 
such title); or 
‘‘(B) any other retirement system main-
tained by the United States for officers or em-
ployees of the United States, including the 
President, or for members of the uniformed 
services; or 
‘‘(2) benefits received under the Social Security 
Act (42 U.S.C. 301 et seq.). 
‘‘SEC. 103. FILING OF REPORTS. 
‘‘(a) Each supervising ethics office shall develop and 
make available forms for reporting the information re-
quired by this title. 
‘‘(b)(1) The reports required under this title shall be 
filed by a reporting individual with—
‘‘(A)(i)(I) the Clerk of the House of Represent-
atives, in the case of a Representative in Congress, 
a Delegate to Congress, the Resident Commissioner 
from Puerto Rico, an officer or employee of the Con-
gress whose compensation is disbursed by the Chief 
Administrative Officer of the House of Representa-
tives, an officer or employee of the Architect of the 
Capitol, the United States Botanic Garden, the Con-
gressional Budget Office, the Government Printing 
Office, the Library of Congress, or the Copyright 
Royalty Tribunal (including any individual termi-
nating service, under section 101(e), in any office or 
position referred to in this subclause), or an indi-
vidual described in section 101(c) who is a candidate 
for nomination or election as a Representative in 
Congress, a Delegate to Congress, or the Resident 
Commissioner from Puerto Rico; and 
‘‘(II) the Secretary of the Senate, in the case 
of a Senator, an officer or employee of the Congress 
whose compensation is disbursed by the Secretary of 
the Senate, an officer or employee of the General 
Accounting Office, or the Office of the Attending 
Physician (including any individual terminating serv-
ice, under section 101(e), in any office or position 
referred to in this subclause), or an individual de-
scribed in section 101(c) who is a candidate for 
nomination or election as a Senator; and 
‘‘(ii) in the case of an officer or employee of the 
Congress as described under section 101(f)(2) who is
employed by an agency or commission established in 
the legislative branch after November 30, 1989—
‘‘(I) the Secretary of the Senate or the 
Clerk of the House of Representatives, as the 
case may be, as designated in the statute estab-
lishing such agency or commission; or 
‘‘(II) if such statute does not designate 
such committee, the Secretary of the Senate for 
agencies and commissions established in even 
numbered calendar years, and the Clerk of the 
House of Representatives for agencies and com-
missions established in odd numbered calendar 
years; and 
‘‘(B) the Judicial Conference with regard to a 
judicial officer or employee described under para-
graphs (3) and (4) of section 101(f) (including indi-
viduals terminating service in such office or position 
under section 101(e) or immediately preceding serv-
ice in such office or position). 
‘‘(2) The date any report is received (and the date 
of receipt of any supplemental report) shall be noted on 
such report by such committee. 
‘‘(c) A copy of each report filed under this title by 
a Member or an individual who is a candidate for the of-
fice of Member shall be sent by the Clerk of the House 
of Representatives or Secretary of the Senate, as the case 
may be, to the appropriate State officer designated under
section 312(a) of the Federal Election Campaign Act of 
1971 of the State represented by the Member or in which 
the individual is a candidate, as the case may be, within 
the 30-day period beginning on the day the report is filed 
with the Clerk or Secretary. 
‘‘(d)(1) A copy of each report filed under this title 
with the Clerk of the House of Representatives shall be 
sent by the Clerk to the Committee on Standards of Offi-
cial Conduct of the House of Representatives within the 
7-day period beginning on the day the report is filed. 
‘‘(2) A copy of each report filed under this title with 
the Secretary of the Senate shall be sent by the Secretary 
to the Select Committee on Ethics of the Senate within 
the 7-day period beginning on the day the report is filed. 
‘‘(e) In carrying out their responsibilities under this 
title with respect to candidates for office, the Clerk of the 
House of Representatives and the Secretary of the Senate 
shall avail themselves of the assistance of the Federal 
Election Commission. The Commission shall make avail-
able to the Clerk and the Secretary on a regular basis a 
complete list of names and addresses of all candidates reg-
istered with the Commission, and shall cooperate and co-
ordinate its candidate information and notification pro-
gram with the Clerk and the Secretary to the greatest ex-
tent possible.
‘‘SEC. 104. FAILURE TO FILE OR FILING FALSE REPORTS. 
‘‘(a) The Attorney General may bring a civil action 
in any appropriate United States district court against 
any individual who knowingly and willfully falsifies or who 
knowingly and willfully fails to file or report any informa-
tion that such individual is required to report pursuant 
to section 102. The court in which such action is brought 
may assess against such individual a civil penalty in any 
amount, not to exceed $10,000. 
‘‘(b) Each congressional ethics committee or the Ju-
dicial Conference, as the case may be, shall refer to the 
Attorney General the name of any individual which such 
official or committee has reasonable cause to believe has 
willfully failed to file a report or has willfully falsified or 
willfully failed to file information required to be reported. 
Whenever the Judicial Conference refers a name to the 
Attorney General under this subsection, the Judicial Con-
ference also shall notify the judicial council of the circuit 
in which the named individual serves of the referral. 
‘‘(c) A congressional ethics committee and the Judi-
cial Conference, may take any appropriate personnel or 
other action in accordance with applicable law or regula-
tion against any individual failing to file a report or fal-
sifying or failing to report information required to be re-
ported.
‘‘(d)(1) Any individual who files a report required to 
be filed under this title more than 30 days after the later 
of—
‘‘(A) the date such report is required to be filed 
pursuant to the provisions of this title and the rules 
and regulations promulgated thereunder; or 
‘‘(B) if a filing extension is granted to such in-
dividual under section 101(g), the last day of the fil-
ing extension period, shall, at the direction of and 
pursuant to regulations issued by the supervising 
ethics office, pay a filing fee of $200. All such fees 
shall be deposited in the miscellaneous receipts of 
the Treasury. 
‘‘(2) The supervising ethics office may waive the fil-
ing fee under this subsection in extraordinary cir-
cumstances. 
‘‘SEC. 105. CUSTODY OF AND PUBLIC ACCESS TO REPORTS. 
‘‘(a) The supervising ethics office of the judicial 
branch, the Clerk of the House of Representatives, and 
the Secretary of the Senate shall make available to the 
public, in accordance with subsection (b), each report filed 
under this title with such office or with the Clerk or the 
Secretary of the Senate.
‘‘(b)(1) Except as provided in the second sentence of 
this subsection, the supervising ethics office in the judicial
branch, the Clerk of the House of Representatives, and 
the Secretary of the Senate shall, within 30 days after 
any report is received under this title by such office or 
by the Clerk or the Secretary of the Senate, as the case 
may be, permit inspection of such report by or furnish 
a copy of such report to any person requesting such in-
spection or copy. With respect to any report required to 
be filed by May 15 of any year, such report shall be made 
available for public inspection within 30 calendar days 
after May 15 of such year or within 30 days of the date 
of filing of such a report for which an extension is granted 
pursuant to section 101(g). The office, Clerk, or Secretary 
of the Senate, as the case may be, may require a reason-
able fee to be paid in any amount which is found necessary 
to recover the cost of reproduction or mailing of such re-
port excluding any salary of any employee involved in such 
reproduction or mailing. A copy of such report may be 
furnished without charge or at a reduced charge if it is 
determined that waiver or reduction of the fee is in the 
public interest. 
‘‘(2) Notwithstanding paragraph (1), a report may 
not be made available under this section to any person 
nor may any copy thereof be provided under this section 
to any person except upon a written application by such 
person stating—
‘‘(A) that person’s name, occupation, and ad-
dress; 
‘‘(B) the name and address of any other person 
or organization on whose behalf the inspection or 
copy is requested; and 
‘‘(C) that such person is aware of the prohibi-
tions on the obtaining or use of the report. 
Any such application shall be made available to the public 
throughout the period during which the report is made 
available to the public. 
‘‘(3)(A) This section does not require the immediate 
and unconditional availability of reports filed by an indi-
vidual described in section 109 (6) or (8) of this Act if 
a finding is made by the Judicial Conference, in consulta-
tion with United States Marshal Service, that revealing 
personal and sensitive information could endanger that in-
dividual. 
‘‘(B) A report may be redacted pursuant to this para-
graph only—
‘‘(i) to the extent necessary to protect the indi-
vidual who filed the report; and 
‘‘(ii) for as long as the danger to such indi-
vidual exists.
‘‘(C) The Administrative Office of the United States 
Courts shall submit to the Committees on the Judiciary
of the House of Representatives and of the Senate an an-
nual report with respect to the operation of this paragraph 
including—
‘‘(i) the total number of reports redacted pursu-
ant to this paragraph; 
‘‘(ii) the total number of individuals whose re-
ports have been redacted pursuant to this para-
graph; and 
‘‘(iii) the types of threats against individuals 
whose reports are redacted, if appropriate. 
‘‘(D) The Judicial Conference, in consultation with 
the Department of Justice, shall issue regulations setting 
forth the circumstances under which redaction is appro-
priate under this paragraph and the procedures for redac-
tion. 
‘‘(E) This paragraph shall expire on December 31, 
2005, and apply to filings through calendar year 2005. 
‘‘(c)(1) It shall be unlawful for any person to obtain 
or use a report—
‘‘(A) for any unlawful purpose; 
‘‘(B) for any commercial purpose, other than by 
news and communications media for dissemination 
to the general public; 
‘‘(C) for determining or establishing the credit 
rating of any individual; or
‘‘(D) for use, directly or indirectly, in the solici-
tation of money for any political, charitable, or other 
purpose. 
‘‘(2) The Attorney General may bring a civil action 
against any person who obtains or uses a report for any 
purpose prohibited in paragraph (1) of this subsection. 
The court in which such action is brought may assess 
against such person a penalty in any amount not to exceed 
$10,000. Such remedy shall be in addition to any other 
remedy available under statutory or common law. 
‘‘(d) Any report filed with or transmitted to a super-
vising ethics office or to the Clerk of the House of Rep-
resentatives or the Secretary of the Senate pursuant to 
this title shall be retained by such office or by the Clerk 
or the Secretary of the Senate, as the case may be. Such 
report shall be made available to the public for a period 
of 6 years after receipt of the report. After such 6-year 
period the report shall be destroyed unless needed in an 
ongoing investigation, except that in the case of an indi-
vidual who filed the report pursuant to section 101(b) and 
was not subsequently confirmed by the Senate, or who 
filed the report pursuant to section 101(c) and was not 
subsequently elected, such reports shall be destroyed 1 
year after the individual either is no longer under consid-
eration by the Senate or is no longer a candidate for nomi-
nation or election to the Office of President, Vice Presi-
dent, or as a Member of Congress, unless needed in an 
ongoing investigation. 
‘‘SEC. 106. REVIEW OF REPORTS. 
‘‘(a) Each congressional ethics committee and the Ju-
dicial Conference shall make provisions to ensure that 
each report filed under this title is reviewed within 60 days 
after the date of such filing. 
‘‘(b)(1) If after reviewing any report under subsection 
(a), a person designated by the congressional ethics com-
mittee or a person designated by the Judicial Conference, 
as the case may be, is of the opinion that on the basis 
of information contained in such report the individual sub-
mitting such report is in compliance with applicable laws 
and regulations, he shall state such opinion on the report, 
and shall sign such report. 
‘‘(2) If a person designated by the congressional eth-
ics committee, or a person designated by the Judicial Con-
ference, after reviewing any report under subsection (a)—
‘‘(A) believes additional information is required 
to be submitted, he shall notify the individual sub-
mitting such report what additional information is 
required and the time by which it must be sub-
mitted, or
‘‘(D) request for an exemption under section 
208(b) of title 18, United States Code, or 
‘‘(E) voluntary request for transfer, reassign-
ment, limitation of duties, or resignation. 
The use of any such steps shall be in accordance with such 
rules or regulations as the supervising ethics office may 
prescribe. 
‘‘(4) If steps for assuring compliance with applicable 
laws and regulations are not taken by the date set under 
paragraph (3) by an individual in a position appointment 
to which requires the advice and consent of the Senate 
but removal authority resides in the President, the matter 
shall be referred to the President for appropriate action. 
‘‘(5) If steps for assuring compliance with applicable 
laws and regulations are not taken by the date set under 
paragraph (3) by any other officer or employee, the matter 
shall be referred to the congressional ethics committee or 
the Judicial Conference, for appropriate action. 
‘‘(6) Each supervising ethics office may render advi-
sory opinions interpreting this title within its respective
jurisdiction. Notwithstanding any other provision of law, 
the individual to whom a public advisory opinion is ren-
dered in accordance with this paragraph, and any other 
individual covered by this title who is involved in a fact
situation which is indistinguishable in all material aspects,
and who acts in good faith in accordance with the provi-
sions and findings of such advisory opinion shall not, as 
a result of such act, be subject to any penalty or sanction 
provided by this title. 
‘‘SEC. 107. CONFIDENTIAL REPORTS AND OTHER ADDI-
TIONAL REQUIREMENTS. 
‘‘(a)(1) Each supervising ethics office may require of-
ficers and employees under its jurisdiction (including spe-
cial Government employees as defined in section 202 of 
title 18, United States Code) to file confidential financial 
disclosure reports, in such form as the supervising ethics 
office may prescribe. The information required to be re-
ported under this subsection by the officers and employees 
of the legislative or judicial branch shall be set forth in 
rules or regulations prescribed by the supervising ethics 
office, and may be less extensive than otherwise required 
by this title, or more extensive when determined by the 
supervising ethics office to be necessary and appropriate 
in light of sections 202 through 209 of title 18, United 
States Code, regulations promulgated thereunder, official 
codes of conduct or the authorized activities of such offi-
cers or employees. Any individual required to file a report 
pursuant to section 101 shall not be required to file a con-
fidential report pursuant to this subsection, except with 
respect to information which is more extensive than infor-
mation otherwise required by this title. Subsections (a), 
(b), and (d) of section 105 shall not apply with respect 
to any such report. 
‘‘(2) Any information required to be provided by an 
individual under this subsection shall be confidential and 
shall not be disclosed to the public. 
‘‘(3) Nothing in this subsection exempts any indi-
vidual otherwise covered by the requirement to file a public 
financial disclosure report under this title from such re-
quirement. 
‘‘(b) The provisions of this title requiring the report-
ing of information shall supersede any general require-
ment under any other provision of law or regulation with 
respect to the reporting of information required for pur-
poses of preventing conflicts of interest or apparent con-
flicts of interest. Such provisions of this title shall not su-
persede the requirements of section 7342 of title 5, United 
States Code. 
‘‘(c) Nothing in this Act requiring reporting of infor-
mation shall be deemed to authorize—
‘‘(1) the receipt of income, gifts, or reimburse-
ments; 
‘‘(2) the holding of assets, liabilities, or posi-
tions; or
‘‘(3) the participation in transactions that are 
prohibited by law, rule, or regulation. 
‘‘SEC. 108. AUTHORITY OF COMPTROLLER GENERAL. 
‘‘(a) The Comptroller General shall have access to fi-
nancial disclosure reports filed under this title for the pur-
poses of carrying out his statutory responsibilities. 
‘‘(b) Not later than December 31, 1992, and regu-
larly thereafter, the Comptroller General shall conduct a 
study to determine whether the provisions of this title are 
being carried out effectively. 
‘‘SEC. 109. DEFINITIONS. 
‘‘For the purposes of this title, the term—
‘‘(1) ‘congressional ethics committees’ means 
the Select Committee on Ethics of the Senate and 
the Committee on Standards of Official Conduct of 
the House of Representatives; 
‘‘(2) ‘dependent child’ means, when used with 
respect to any reporting individual, any individual 
who is a son, daughter, stepson, or stepdaughter and 
who—
‘‘(A) is unmarried and under age 21 and 
is living in the household of such reporting indi-
vidual; or 
‘‘(B) is a dependent of such reporting indi-
vidual within the meaning of section 152 of the
Internal Revenue Code of 1986 (26 U.S.C. 
152); 
‘‘(3) ‘gift’ means a payment, advance, forbear-
ance, rendering, or deposit of money, or any thing 
of value, unless consideration of equal or greater 
value is received by the donor, but does not in-
clude—
‘‘(A) bequest and other forms of inherit-
ance; 
‘‘(B) suitable mementos of a function hon-
oring the reporting individual; 
‘‘(C) food, lodging, transportation, and en-
tertainment provided by a foreign government 
within a foreign country or by the United 
States Government, the District of Columbia, or 
a State or local government or political subdivi-
sion thereof; 
‘‘(D) food and beverages which are not 
consumed in connection with a gift of overnight 
lodging; 
‘‘(E) communications to the offices of a re-
porting individual, including subscriptions to 
newspapers and periodicals; or 
‘‘(F) consumable products provided by 
home-State businesses to the offices of a report-
ing individual who is an elected official, if those 
products are intended for consumption by per-
sons other than such reporting individual; 
‘‘(4) ‘honoraria’ has the meaning given such 
term in section 505 of this Act; 
‘‘(5) ‘income’ means all income from whatever 
source derived, including but not limited to the fol-
lowing items: compensation for services, including 
fees, commissions, and similar items; gross income 
derived from business (and net income if the indi-
vidual elects to include it); gains derived from deal-
ings in property; interest; rents; royalties; dividends; 
annuities; income from life insurance and endow-
ment contracts; pensions; income from discharge of 
indebtedness; distributive share of partnership in-
come; and income from an interest in an estate or 
trust; 
‘‘(6) ‘judicial employee’ means any employee of 
the judicial branch of the Government, of the United 
States Sentencing Commission, of the Tax Court, of
the Court of Federal Claims, of the Court of Ap-
peals for Veterans Claims, or of the United States 
Court of Appeals for the Armed Forces, who is not 
a judicial officer and who is authorized to perform 
adjudicatory functions with respect to proceedings in
the judicial branch, or who occupies a position for 
which the rate of basic pay is equal to or greater 
than 120 percent of the minimum rate of basic pay 
payable for GS–15 of the General Schedule; 
‘‘(7) ‘Judicial Conference’ means the Judicial 
Conference of the United States; 
‘‘(8) ‘judicial officer’ means the Chief Justice of 
the United States, the Associate Justices of the Su-
preme Court, and the judges of the United States 
courts of appeals, United States district courts, in-
cluding the district courts in Guam, the Northern 
Mariana Islands, and the Virgin Islands, Court of 
Appeals for the Federal Circuit, Court of Inter-
national Trade, Tax Court, Court of Federal Claims, 
Court of Appeals for Veterans Claims, United States 
Court of Appeals for the Armed Forces, and any 
court created by Act of Congress, the judges of 
which are entitled to hold office during good behav-
ior; 
‘‘(9) ‘legislative branch’ includes—
‘‘(A) the Architect of the Capitol; 
‘‘(B) the Botanic Gardens; 
‘‘(C) the Congressional Budget Office; 
‘‘(D) the General Accounting Office; 
‘‘(E) the Government Printing Office;
‘‘(F) the Library of Congress; 
‘‘(G) the United States Capitol Police; 
‘‘(H) the Office of Compliance; and 
‘‘(I) any other agency, entity, office, or 
commission established in the legislative branch; 
‘‘(10) ‘Member of Congress’ means a United 
States Senator, a Representative in Congress, a Del-
egate to Congress, or the Resident Commissioner 
from Puerto Rico; 
‘‘(11) ‘officer or employee of the Congress’ 
means—
‘‘(A) any individual described under sub-
paragraph (B), other than a Member of Con-
gress or the Vice President, whose compensa-
tion is disbursed by the Secretary of the Senate 
or the Chief Administrative Officer of the 
House of Representatives; 
‘‘(B)(i) each officer or employee of the leg-
islative branch who, for at least 60 days, occu-
pies a position for which the rate of basic pay 
is equal to or greater than 120 percent of the 
minimum rate of basic pay payable for GS–15 
of the General Schedule; and 
‘‘(ii) at least 1 principal assistant des-
ignated for purposes of this paragraph by each
Member who does not have an employee who 
occupies a position for which the rate of basic 
pay is equal to or greater than 120 percent of 
the minimum rate of basic pay payable for GS–
15 of the General Schedule; 
‘‘(12) ‘personal hospitality of any individual’ 
means hospitality extended for a nonbusiness pur-
pose by an individual, not a corporation or organiza-
tion, at the personal residence of that individual or 
his family or on property or facilities owned by that 
individual or his family; 
‘‘(13) ‘reimbursement’ means any payment or 
other thing of value received by the reporting indi-
vidual, other than gifts, to cover travel-related ex-
penses of such individual other than those which 
are—
‘‘(A) provided by the United States Gov-
ernment, the District of Columbia, or a State or 
local government or political subdivision thereof;
‘‘(B) required to be reported by the report-
ing individual under section 7342 of title 5, 
United States Code; or 
‘‘(C) required to be reported under section 
304 of the Federal Election Campaign Act of 
1971 (2 U.S.C. 434);
‘‘(14) ‘relative’ means an individual who is re-
lated to the reporting individual, as father, mother, 
son, daughter, brother, sister, uncle, aunt, great 
aunt, great uncle, first cousin, nephew, niece, hus-
band, wife, grandfather, grandmother, grandson, 
granddaughter, father-in-law, mother-in-law, son-in-
law, daughter-in-law, brother-in-law, sister-in-law, 
stepfather, stepmother, stepson, stepdaughter, step-
brother, stepsister, half brother, half sister, or who 
is the grandfather or grandmother of the spouse of 
the reporting individual, and shall be deemed to in-
clude the fiance´ or fiance´e of the reporting indi-
vidual; 
‘‘(15) ‘supervising ethics office’ means—
‘‘(A) the Select Committee on Ethics of 
the Senate, for Senators, officers and employees 
of the Senate, and other officers, or employees 
of the legislative branch required to file finan-
cial disclosure reports with the Secretary of the 
Senate pursuant to section 103(h) of this title; 
‘‘(B) the Committee on Standards of Offi-
cial Conduct of the House of Representatives, 
for Members, officers, and employees of the 
House of Representatives and other officers or 
employees of the legislative branch required to
file financial disclosure reports with the Clerk 
of the House of Representatives pursuant to 
section 103(h) of this title; and 
‘‘(C) the Judicial Conference for judicial 
officers and judicial employees; and 
‘‘(16) ‘value’ means a good faith estimate of the 
dollar value if the exact value is neither known nor 
easily obtainable by the reporting individual. 
‘‘SEC. 110. NOTICE OF ACTIONS TAKEN TO COMPLY WITH 
ETHICS AGREEMENTS. 
‘‘(a) In any case in which an individual agrees with 
a Senate confirmation committee, a congressional ethics 
committee, or the Judicial Conference, to take any action 
to comply with this Act or any other law or regulation 
governing conflicts of interest of, or establishing standards 
of conduct applicable with respect to, officers or employees 
of the Government, that individual shall notify in writing 
the appropriate committee of the Senate, the congressional
ethics committee, or the Judicial Conference, as the case 
may be, of any action taken by the individual pursuant 
to that agreement. Such notification shall be made not 
later than the date specified in the agreement by which 
action by the individual must be taken, or not later than 
3 months after the date of the agreement, if no date for 
action is so specified.
‘‘(b) If an agreement described in subsection (a) re-
quires that the individual recuse himself or herself from 
particular categories of agency or other official action, the 
individual shall reduce to writing those subjects regarding 
which the recusal agreement will apply and the process 
by which it will be determined whether the individual must 
recuse himself or herself in a specific instance. An indi-
vidual shall be considered to have complied with the re-
quirements of subsection (a) with respect to such recusal 
agreement if such individual files a copy of the document 
setting forth the information described in the preceding 
sentence with the appropriate supervising ethics office 
within the time prescribed in the last sentence of sub-
section (a). 
‘‘SEC. 111. ADMINISTRATION OF PROVISIONS. 
‘‘The provisions of this title shall be administered 
by—
‘‘(1) the Select Committee on Ethics of the 
Senate and the Committee on Standards of Official 
Conduct of the House of Representatives, as appro-
priate, with regard to officers and employees de-
scribed in paragraphs (1) and (2) of section 101(f); 
and 
‘‘(2) the Judicial Conference in the case of an 
officer or employee described in paragraphs (3) and
(4) of section 101(f). The Judicial Conference may 
delegate any authority it has under this title to an 
ethics committee established by the Judicial Con-
ference.’’. 
SEC. 4. PUBLIC FINANCIAL DISCLOSURE FOR THE EXECU-
TIVE BRANCH. 
The Ethics in Government Act of 1978 (5 U.S.C. 
App.) is amended by inserting after title I the following: 
‘‘TITLE 
II—EXECUTIVE 
PER-
SONNEL FINANCIAL DISCLO-
SURE REQUIREMENTS 
‘‘SEC. 201. PERSONS REQUIRED TO FILE. 
‘‘(a) Within 30 days of assuming the position of an 
officer or employee described in subsection (f), an indi-
vidual shall file a report containing the information de-
scribed in section 202(b) unless the individual has left an-
other position described in subsection (f) of this section 
or section 101(f) of this Act within 30 days prior to as-
suming such new position or has already filed a report 
under this title with respect to nomination for the new 
position or as a candidate for the position. 
‘‘(b)(1) Within 5 days of the transmittal by the Presi-
dent to the Senate of the nomination of an individual 
(other than an individual nominated for appointment to 
a position as a Foreign Service Officer or a grade or rank
in the uniformed services for which the pay grade pre-
scribed by section 201 of title 37, United States Code, is 
O–6 or below) to a position in the executive branch, ap-
pointment to which requires the advice and consent of the 
Senate, such individual shall file a report containing the 
information described in section 202(b). Such individual 
shall, not later than the date of the first hearing to con-
sider the nomination of such individual, make current the 
report filed pursuant to this paragraph by filing the infor-
mation required by section 202(a)(1)(A) with respect to 
income and honoraria received as of the date which occurs 
5 days before the date of such hearing. Nothing in this 
Act shall prevent any congressional committee from re-
questing, as a condition of confirmation, any additional 
financial information from any Presidential nominee 
whose nomination has been referred to that committee.
‘‘(2) An individual whom the President or the Presi-
dent-elect has publicly announced he intends to nominate 
to a position may file the report required by paragraph 
(1) at any time after that public announcement, but not 
later than is required under the first sentence of such 
paragraph. 
‘‘(c)(1) Within 30 days of becoming a candidate as 
defined in section 301 of the Federal Campaign Act of 
1971, in a calendar year for nomination or election to the
office of President or Vice President or on or before May 
15 of that calendar year, whichever is later, but in no 
event later than 30 days before the election, and on or 
before May 15 of each successive year an individual con-
tinues to be a candidate, an individual other than an in-
cumbent President or Vice President shall file a report 
containing the information described in section 202(b). 
Notwithstanding the preceding sentence, in any calendar 
year in which an individual continues to be a candidate 
for any office but all elections for such office relating to 
such candidacy were held in prior calendar years, such in-
dividual need not file a report unless he becomes a can-
didate for another vacancy in that office or another office 
during that year. 
‘‘(2) Notwithstanding paragraph (1), within 30 days 
of taking the oath of office of President or Vice President, 
an individual shall file a report containing the information 
described in section 202(b) unless such individual served 
as President or Vice President immediately prior to taking 
that oath. 
‘‘(d) Any individual who is an officer or employee de-
scribed in subsection (f) during any calendar year and per-
forms the duties of his position or office for a period in 
excess of 60 days in that calendar year shall file on or
before May 15 of the succeeding year a report containing 
the information described in section 202(a). 
‘‘(e) Any individual who occupies a position described 
in subsection (f) shall, on or before the thirtieth day after 
termination of employment in such position, file a report 
containing the information described in section 202(a) 
covering the preceding calendar year if the report required 
by subsection (d) has not been filed and covering the por-
tion of the calendar year in which such termination occurs 
up to the date the individual left such office or position, 
unless such individual has accepted employment in or 
takes the oath of office for another position described in 
subsection (f) or section 101(f). 
‘‘(f) The officers and employees referred to in sub-
sections (a), (d), and (e) are—
‘‘(1) the President; 
‘‘(2) the Vice President;
‘‘(3) each officer or employee in the executive 
branch, including a special Government employee as 
defined in section 202 of title 18, United States 
Code, who occupies a position classified above GS–
15 of the General Schedule or, in the case of posi-
tions not under the General Schedule, for which the 
rate of basic pay is equal to or greater than 120 per-
cent of the minimum rate of basic pay payable for
GS–15 of the General Schedule; each member of a 
uniformed service whose pay grade is at or in excess 
of O–7 under section 201 of title 37, United States 
Code; and each officer or employee in any other po-
sition determined by the Director of the Office of 
Government Ethics to be of equal classification; 
‘‘(4) each employee appointed pursuant to sec-
tion 3105 of title 5, United States Code; 
‘‘(5) any employee not described in paragraph 
(3) who is in a position in the executive branch 
which is excepted from the competitive service by 
reason of being of a confidential or policymaking 
character, except that the Director of the Office of 
Government Ethics may, by regulation, exclude from 
the application of this paragraph any individual, or 
group of individuals, who are in such positions, but 
only in cases in which the Director determines such 
exclusion would not affect adversely the integrity of 
the Government or the public’s confidence in the in-
tegrity of the Government;
‘‘(6) the Postmaster General, the Deputy Post-
master General, each Governor of the Board of Gov-
ernors of the United States Postal Service, each offi-
cer or employee of the United States Postal Service 
who is designated as a member of the Postal Career
Executive Service (PCES I or II), and each officer 
or employee of the Postal Rate Commission who oc-
cupies a position for which the rate of basic pay is 
equal to or greater than 120 percent of the min-
imum rate of basic pay payable for GS–15 of the 
General Schedule; 
‘‘(7) the Director of the Office of Government 
Ethics and each designated agency ethics official; 
and 
‘‘(8) any civilian employee not described in 
paragraph (3), employed in the Executive Office of 
the President (other than a special Government em-
ployee) who holds a commission of appointment from 
the President. 
‘‘(g)(1) Reasonable extensions of time for filing any 
report may be granted under procedures prescribed by the 
Office of Government Ethics, but the total of such exten-
sions shall not exceed 90 days. 
‘‘(2)(A) In the case of an individual who is serving 
in the Armed Forces, or serving in support of the Armed 
Forces, in an area while that area is designated by the 
President by Executive order as a combat zone for pur-
poses of section 112 of the Internal Revenue Code of 
1986, the date for the filing of any report shall be ex-
tended so that the date is 180 days after the later of—
‘‘(i) the last day of the individual’s service in 
such area during such designated period; or 
‘‘(ii) the last day of the individual’s hospitaliza-
tion as a result of injury received or disease con-
tracted while serving in such area. 
‘‘(B) The Office of Government Ethics, in consulta-
tion with the Secretary of Defense, may prescribe proce-
dures under this paragraph. 
‘‘(h) The provisions of subsections (a), (b), and (e) 
shall not apply to an individual who, as determined by the 
designated agency ethics official or Secretary concerned 
(or in the case of a Presidential appointee under sub-
section (b), the Director of the Office of Government Eth-
ics), is not reasonably expected to perform the duties of 
his office or position for more than 60 days in a calendar 
year, except that if such individual performs the duties
of his office or position for more than 60 days in a cal-
endar year—
‘‘(1) the report required by subsections (a) and 
(b) shall be filed within 15 days of the sixtieth day, 
and 
‘‘(2) the report required by subsection (e) shall 
be filed as provided in such subsection. 
‘‘(i) The Director of the Office of Government Ethics 
may grant a publicly available request for a waiver of any
reporting requirement under this section for an individual 
who is expected to perform or has performed the duties 
of his office or position less than 130 days in a calendar 
year, but only if the Director determines that—
‘‘(1) such individual is not a full-time employee 
of the Government, 
‘‘(2) such individual is able to provide services 
specially needed by the Government, 
‘‘(3) it is unlikely that the individual’s outside 
employment or financial interests will create a con-
flict of interest, and 
‘‘(4) public financial disclosure by such indi-
vidual is not necessary in the circumstances. 
‘‘SEC. 202. CONTENTS OF REPORTS. 
‘‘(a) Each report filed pursuant to section 201(d) and 
(e) shall include a full and complete statement with re-
spect to the following: 
‘‘(1)(A) The source, description, and category 
of value of income (other than income referred to in 
subparagraph (B)) from any source (other than 
from current employment by the United States Gov-
ernment), received during the preceding calendar 
year, aggregating more than $500 in value, except 
that honoraria received during Government service 
by an officer or employee shall include, in addition
to the source, the exact amount and the date it was 
received. 
‘‘(B) The source and description of investment 
income which may include but is not limited to divi-
dends, rents, interest, and capital gains, received 
during the preceding calendar year which exceeds 
$500 in amount or value. 
‘‘(C) The categories for reporting the amount 
for income covered in subparagraphs (A) and (B) of 
this paragraph are—
‘‘(i) greater than $500 but not more than 
$20,000; 
‘‘(ii) greater than $20,000 but not more 
than $100,000;
‘‘(iii) greater than $100,000 but not more 
than $1,000,000; 
‘‘(iv) greater than $1,000,000 but not 
more than $2,500,000; and 
‘‘(v) greater than $2,500,000. 
‘‘(2)(A) The identity of the source, a brief de-
scription, and the value of all gifts aggregating more 
than the minimal value as established by section 
7342(a)(5) of title 5, United States Code, or $250, 
whichever is greater, received from any source other 
than a relative of the reporting individual during the
preceding calendar year, except that any food, lodg-
ing, or entertainment received as personal hospitality 
of an individual need not be reported, and any gift 
with a fair market value of $100 or less, as adjusted 
at the same time and by the same percentage as the 
minimal value is adjusted, need not be aggregated 
for purposes of this subparagraph. 
‘‘(B) The identity of the source and a brief de-
scription (including dates of travel and nature of ex-
penses provided) of reimbursements received from 
any source aggregating more than the minimal value 
as established by section 7342(a)(5) of title 5, 
United States Code, or $250, whichever is greater 
and received during the preceding calendar year.
‘‘(C) In an unusual case, a gift need not be ag-
gregated under subparagraph (A) if a publicly avail-
able request for a waiver is granted. 
‘‘(3) The identity and category of value of any 
interest in property held during the preceding cal-
endar year in a trade or business, or for investment 
or the production of income, which has a fair market 
value which exceeds $5,000 as of the close of the 
preceding calendar year, excluding any personal li-
ability owed to the reporting individual by a spouse, 
or by a parent, brother, sister, or child of the report-
ing individual or of the reporting individual’s spouse, 
or any deposit accounts aggregating $100,000 or 
less in a financial institution, or any Federal Gov-
ernment securities aggregating $100,000 or less. 
‘‘(4) The identity and category of value of the 
total liabilities owed to any creditor other than a 
spouse, or a parent, brother, sister, or child of the 
reporting individual or of the reporting individual’s 
spouse which exceed $20,000 at any time during the 
preceding calendar year, excluding—
‘‘(A) any mortgage secured by real prop-
erty which is a personal residence of the report-
ing individual or his spouse; and 
‘‘(B) any loan secured by a personal motor 
vehicle, household furniture, or appliances, 
which loan does not exceed the purchase price 
of the item which secures it. 
With respect to revolving charge accounts, only 
those with an outstanding liability which exceeds 
$20,000 as of the close of the preceding calendar 
year need be reported under this paragraph. Not-
withstanding the preceding sentence, individuals re-
quired to file pursuant to section 201(b), shall also 
report the aggregate sum of the outstanding bal-
ances of all revolving charge accounts as of any date
that is within 30 days of the date of filing if the ag-
gregate sum of those balances exceeds $20,000. 
‘‘(5) Except as provided in this paragraph, a 
brief description of any real property, other than 
property used solely as a personal residence of the 
reporting individual or his spouse, or stocks, bonds, 
commodities futures, and other forms of securities, 
if—
‘‘(A) purchased, sold, or exchanged during 
the preceding calendar year; 
‘‘(B) the value of the transaction exceeded 
$5,000; and
‘‘(C) the property or security is not already 
required to be reported as a source of income 
pursuant to paragraph (1)(B) or as an asset 
pursuant to paragraph (3) of this section. 
‘‘(6)(A) The identity of all positions held on or 
before the date of filing during the current calendar 
year (and, for the first report filed by an individual, 
during the 1-year period preceding such calendar 
year) as an officer, director, trustee, partner, propri-
etor, representative, employee, or consultant of any 
corporation, company, firm, partnership, or other 
business enterprise, any nonprofit organization, any 
labor organization, or any educational or other insti-
tution other than the United States. This subpara-
graph shall not require the reporting of positions 
held in any religious, social, fraternal, or political 
entity and positions solely of an honorary nature. 
‘‘(B) If any person, other than a person re-
ported as a source of income under paragraph 
(1)(A) or the United States Government, paid a 
nonelected reporting individual compensation in ex-
cess of $25,000 in the calendar year prior to or the 
calendar year in which the individual files his first 
report under this title, the individual shall include in 
the report—
‘‘(i) the identity of each source of such 
compensation; and 
‘‘(ii) a brief description of the nature of 
the duties performed or services rendered by 
the reporting individual for each such source. 
The preceding sentence shall not require any indi-
vidual to include in such report any information 
which is considered confidential as a result of a priv-
ileged relationship, established by law, between such 
individual and any person or any information which 
the person for whom the services are provided has 
a reasonable expectation of privacy, nor shall it re-
quire an individual to report any information with
respect to any person for whom services were pro-
vided by any firm or association of which such indi-
vidual was a member, partner, or employee unless 
such individual was directly involved in the provision 
of such services. 
‘‘(7) A description of parties to and terms of 
any agreement or arrangement with respect to (A) 
future employment; (B) a leave of absence during 
the period of the reporting individual’s Government 
service; (C) continuation of payments by a former 
employer other than the United States Government; 
and (D) continuing participation in an employee wel-
fare or benefit plan maintained by a former em-
ployer. The description of any formal agreement for 
future employment shall include the date on which 
that agreement was entered into. 
‘‘(8) The category of the total cash value of any 
interest of the reporting individual in a qualified 
blind trust. 
‘‘(b)(1) Each report filed pursuant to subsections (a), 
(b), and (c) of section 201 shall include a full and complete 
statement with respect to the information required by—
‘‘(A) paragraphs (1) and (6) of subsection (a) 
for the year of filing and the preceding calendar 
year,
‘‘(B) paragraphs (3) and (4) of subsection (a) 
as of the date specified in the report but which is 
less than 31 days before the filing date, and 
‘‘(C) paragraph (7) of subsection (a) as of the 
filing date but for periods described in such para-
graph. 
‘‘(2)(A) In lieu of filling out 1 or more sched-
ules of a financial disclosure form, an individual may 
supply the required information in an alternative 
format, pursuant to either rules adopted by the Of-
fice of Government Ethics or pursuant to a specific
written determination by the Director for a report-
ing individual. 
‘‘(B) In lieu of indicating the category of 
amount or value of any item contained in any report 
filed under this title, a reporting individual may in-
dicate the exact dollar amount of such item. 
‘‘(c)(1) In the case of any individual referred to in 
section 201(d), the Office of Government Ethics may by 
regulation require a reporting period to include any period 
in which the individual served as an officer or employee 
described in section 201(f) and the period would not other-
wise be covered by any public report filed pursuant to this 
title.
sessed value is computed at less than 100 percent of such 
market value, but such individual shall include in his re-
port a full and complete description of the method used 
to determine such assessed value, instead of specifying a 
category of value pursuant to paragraph (1) of this sub-
section. If the current value of any other item required 
to be reported under paragraph (3) of subsection (a) is 
not ascertainable without an appraisal, such individual 
may list the book value of a corporation whose stock is 
not publicly traded, the net worth of a business partner-
ship, the equity value of an individually owned business, 
or with respect to other holdings, any recognized indica-
tion of value, but such individual shall include in his report 
a full and complete description of the method used in de-
termining such value. In lieu of any value referred to in 
the preceding sentence, an individual may list the assessed 
value of the item for tax purposes, adjusted to reflect the 
market value of the item used for the assessment if the 
assessed value is computed at less than 100 percent of 
such market value, but a full and complete description of 
the method used in determining such assessed value shall 
be included in the report. 
‘‘(3) The categories for reporting the amount or value 
of the items covered in paragraphs (4) and (8) of sub-
section (a) are—
‘‘(A) greater than $20,000 but not more than 
$100,000; 
‘‘(B) greater than $100,000 but not more than 
$500,000; 
‘‘(C) greater than $500,000 but not more than 
$1,000,000; and 
‘‘(D) greater than $1,000,000. 
‘‘(e)(1) Except as provided in the last sentence of this 
paragraph, each report required by section 201 shall also 
contain information listed in paragraphs (1) through (5) 
of subsection (a) of this section respecting the spouse or 
dependent child of the reporting individual as follows:
‘‘(A) The sources of earned income earned by 
a spouse including honoraria which exceed $500 ex-
cept that, with respect to earned income if the 
spouse is self-employed in business or a profession, 
only the nature of such business or profession need 
be reported. 
‘‘(B) All information required to be reported in 
subsection (a)(1)(B) with respect to investment in-
come derived by a spouse or dependent child. 
‘‘(C) In the case of any gifts received by a 
spouse or dependent child which are not received to-
tally independent of the relationship of the spouse or 
dependent child to the reporting individual, the iden-
tity of the source and a brief description of gifts of 
transportation, lodging, food, or entertainment and 
a brief description and the value of other gifts. 
‘‘(D) In the case of any reimbursements re-
ceived by a spouse or dependent child which are not 
received totally independent of the relationship of 
the spouse or dependent child to the reporting indi-
vidual, the identity of the source and a brief descrip-
tion of each such reimbursement. 
‘‘(E) In the case of items described in para-
graphs (3) through (5) of subsection (a), all infor-
mation required to be reported under these para-
graphs other than items which the reporting indi-
vidual certifies (i) represent the spouse’s or depend-
ent child’s sole financial interest or responsibility 
and which the reporting individual has no knowledge 
of, (ii) are not in any way, past or present, derived 
from the income, assets, or activities of the reporting 
individual, and (iii) that he neither derives, nor ex-
pects to derive, any financial or economic benefit. 
‘‘(F) Reports required by subsections (a), (b), 
and (c) of section 201 shall, with respect to the 
spouse and dependent child of the reporting indi-
vidual, only contain information listed in paragraphs
(1), (3), and (4) of subsection (a), as specified in 
this paragraph. 
‘‘(2) No report shall be required with respect to a 
spouse living separate and apart from the reporting indi-
vidual with the intention of terminating the marriage or 
providing for permanent separation; or with respect to any 
income or obligations of an individual arising from the dis-
solution of his marriage or the permanent separation from 
his spouse. 
‘‘(f)(1) Except as provided in paragraph (2), each re-
porting individual shall report the information required to 
be reported pursuant to subsections (a), (b), and (c) of 
this section with respect to the holdings of and the income
from a trust or other financial arrangement from which 
income is received by, or with respect to which a beneficial 
interest in principal or income is held by, such individual, 
his spouse, or any dependent child. 
‘‘(2) A reporting individual need not report the hold-
ings of or the source of income from any of the holdings 
of—
‘‘(A) any qualified blind trust (as defined in 
paragraph (3)); 
‘‘(B) a trust—
‘‘(i) which was not created directly by such 
individual, his spouse, or any dependent child, 
and 
‘‘(ii) the holdings or sources of income of 
which such individual, his spouse, and any de-
pendent child have no knowledge of; or 
‘‘(C) an entity described under the provisions of 
paragraph (8), but such individual shall report the 
category of the amount of income received by him, 
his spouse, or any dependent child from the entity 
under subsection (a)(1)(B) of this section. 
‘‘(3) For purposes of this subsection, the term ‘quali-
fied blind trust’ includes any trust in which a reporting 
individual, his spouse, or any minor or dependent child 
has a beneficial interest in the principal or income, and 
which meets the following requirements: 
‘‘(A)(i) The trustee of the trust and any other 
entity designated in the trust instrument to perform 
fiduciary duties is a financial institution, an attor-
ney, a certified public accountant, a broker, or an in-
vestment advisor who—
‘‘(I) is independent of and not associated 
with any interested party so that the trustee or 
other person cannot be controlled or influenced
in the administration of the trust by any inter-
ested party; 
‘‘(II) is not and has not been an employee 
of or affiliated with any interested party and is 
not a partner of, or involved in any joint ven-
ture or other investment with, any interested 
party; and 
‘‘(III) is not a relative of any interested 
party. 
‘‘(ii) Any officer or employee of a trustee or 
other entity who is involved in the management or 
control of the trust—
‘‘(I) is independent of and not associated 
with any interested party so that such officer or 
employee cannot be controlled or influenced in
the administration of the trust by any inter-
ested party; 
‘‘(II) is not a partner of, or involved in any 
joint venture or other investment with, any in-
terested party; and 
‘‘(III) is not a relative of any interested 
party. 
‘‘(B) Any asset transferred to the trust by an 
interested party is free of any restriction with re-
spect to its transfer or sale unless such restriction
is expressly approved by the Office of Government 
Ethics. 
‘‘(C) The trust instrument which establishes the 
trust provides that— 
‘‘(i) except to the extent provided in sub-
paragraph (B) of this paragraph, the trustee in 
the exercise of his authority and discretion to 
manage and control the assets of the trust shall 
not consult or notify any interested party; 
‘‘(ii) the trust shall not contain any asset 
the holding of which by an interested party is 
prohibited by any law or regulation; 
‘‘(iii) the trustee shall promptly notify the 
reporting individual and the Office of Govern-
ment Ethics when the holdings of any par-
ticular asset transferred to the trust by any in-
terested party are disposed of or when the value 
of such holding is less than $1,000; 
‘‘(iv) the trust tax return shall be prepared 
by the trustee or his designee, and such return 
and any information relating thereto (other 
than the trust income summarized in appro-
priate categories necessary to complete an inter-
ested party’s tax return), shall not be disclosed 
to any interested party;
‘‘(v) an interested party shall not receive 
any report on the holdings and sources of in-
come of the trust, except a report at the end of 
each calendar quarter with respect to the total 
cash value of the interest of the interested party 
in the trust or the net income or loss of the 
trust or any reports necessary to enable the in-
terested party to complete an individual tax re-
turn required by law or to provide the informa-
tion required by subsection (a)(1) of this sec-
tion, but such report shall not identify any 
asset or holding; 
‘‘(vi) except for communications which 
solely consist of requests for distributions of 
cash or other unspecified assets of the trust,
there shall be no direct or indirect communica-
tion between the trustee and an interested 
party with respect to the trust unless such com-
munication is in writing and unless it relates 
only (I) to the general financial interest and 
needs of the interested party (including, but not 
limited to, an interest in maximizing income or 
long-term capital gain), (II) to the notification 
of the trustee of a law or regulation subse-
quently applicable to the reporting individual
which prohibits the interested party from hold-
ing an asset, which notification directs that the 
asset not be held by the trust, or (III) to direc-
tions to the trustee to sell all of an asset ini-
tially placed in the trust by an interested party 
which in the determination of the reporting in-
dividual creates a conflict of interest or the ap-
pearance thereof due to the subsequent assump-
tion of duties by the reporting individual (but 
nothing herein shall require any such direction); 
and 
‘‘(vii) the interested parties shall make no 
effort to obtain information with respect to the 
holdings of the trust, including obtaining a copy 
of any trust tax return filed or any information
relating thereto except as otherwise provided in 
this subsection. 
‘‘(D) The proposed trust instrument and the 
proposed trustee is approved by the Office of Gov-
ernment Ethics. 
‘‘(E) For purposes of this subsection, ‘inter-
ested party’ means a reporting individual, his 
spouse, and any minor or dependent child; ‘broker’ 
has the meaning set forth in section 3(a)(4) of the 
Securities and Exchange Act of 1934 (15 U.S.C.
78c(a)(4)); and ‘investment adviser’ includes any in-
vestment adviser who, as determined under regula-
tions prescribed by the supervising ethics office, is 
generally involved in his role as such an adviser in 
the management or control of trusts. 
‘‘(4)(A) An asset placed in a trust by an interested 
party shall be considered a financial interest of the report-
ing individual, for the purposes of any applicable conflict 
of interest statutes, regulations, or rules of the Federal 
Government (including section 208 of title 18, United 
States Code), until such time as the reporting individual 
is notified by the trustee that such asset has been disposed 
of, or has a value of less than $1,000. 
‘‘(B)(i) The provisions of subparagraph (A) shall not 
apply with respect to a trust created for the benefit of 
a reporting individual, or the spouse, dependent child, or 
minor child of such a person, if the Office of Government 
Ethics finds that—
‘‘(I) the assets placed in the trust consist of a 
well-diversified portfolio of readily marketable securi-
ties; 
‘‘(II) none of the assets consist of securities of 
entities having substantial activities in the area of 
the reporting individual’s primary area of responsi-
bility;
‘‘(III) the trust instrument prohibits the trust-
ee, notwithstanding the provisions of paragraph 
(3)(C) (iii) and (iv) of this subsection, from making 
public or informing any interested party of the sale 
of any securities; 
‘‘(IV) the trustee is given power of attorney, 
notwithstanding 
the 
provisions 
of 
paragraph 
(3)(C)(v) of this subsection, to prepare on behalf of 
any interested party the personal income tax returns 
and similar returns which may contain information 
relating to the trust; and 
‘‘(V) except as otherwise provided in this para-
graph, the trust instrument provides (or in the case 
of a trust which by its terms does not permit amend-
ment, the trustee, the reporting individual, and any
other interested party agree in writing) that the 
trust shall be administered in accordance with the 
requirements of this subsection and the trustee of 
such trust meets the requirements of paragraph 
(3)(A). 
‘‘(ii) In any instance covered by subparagraph (B) 
in which the reporting individual is an individual whose 
nomination is being considered by a congressional com-
mittee, the reporting individual shall inform the congres-
sional committee considering his nomination before or dur-
ing the period of such individual’s confirmation hearing 
of his intention to comply with this paragraph. 
‘‘(5)(A) The reporting individual shall, within 30 
days after a qualified blind trust is approved by the Office 
of Government Ethics, file with such office a copy of—
‘‘(i) the executed trust instrument of such trust 
(other than those provisions which relate to the tes-
tamentary disposition of the trust assets), and 
‘‘(ii) a list of the assets which were transferred 
to such trust, including the category of value of each 
asset as determined under subsection (d) of this sec-
tion. 
This subparagraph shall not apply with respect to a trust 
meeting the requirements for being considered a qualified 
blind trust under paragraph (7) of this subsection. 
‘‘(B) The reporting individual shall, within 30 days 
of transferring an asset (other than cash) to a previously 
established qualified blind trust, notify the Office of Gov-
ernment Ethics of the identity of each such asset and the 
category of value of each asset as determined under sub-
section (d) of this section. 
‘‘(C) Within 30 days of the dissolution of a qualified 
blind trust, a reporting individual shall notify the Office 
of Government Ethics of such dissolution.
‘‘(D) Documents filed under subparagraphs (A), (B), 
and (C) of this paragraph and the lists provided by the 
trustee of assets placed in the trust by an interested party 
which have been sold shall be made available to the public 
in the same manner as a report is made available under 
section 205 and the provisions of that section shall apply 
with respect to such documents and lists. 
‘‘(E) A copy of each written communication with re-
spect to the trust under paragraph (3)(C)(vi) shall be filed 
by the person initiating the communication with the Office 
of Government Ethics within 5 days of the date of the 
communication. 
‘‘(6)(A) A trustee of a qualified blind trust shall not 
knowingly and willfully, or negligently, (i) disclose any in-
formation to an interested party with respect to such trust 
that may not be disclosed under paragraph (3) of this sub-
section; (ii) acquire any holding the ownership of which 
is prohibited by the trust instrument; (iii) solicit advice 
from any interested party with respect to such trust, which 
solicitation is prohibited by paragraph (3) of this sub-
section or the trust agreement; or (iv) fail to file any docu-
ment required by this subsection. 
‘‘(B) A reporting individual shall not knowingly and 
willfully, or negligently, (i) solicit or receive any informa-
tion with respect to a qualified blind trust of which he
is an interested party that may not be disclosed under 
paragraph (3)(C) of this subsection or (ii) fail to file any 
document required by this subsection. 
‘‘(C)(i) The Attorney General may bring a civil action 
in any appropriate United States district court against 
any individual who knowingly and willfully violates the 
provisions of subparagraph (A) or (B) of this paragraph. 
The court in which such action is brought may assess 
against such individual a civil penalty in any amount not 
to exceed $10,000. 
‘‘(ii) The Attorney General may bring a civil action 
in any appropriate United States district court against 
any individual who negligently violates the provisions of 
subparagraph (A) or (B) of this paragraph. The court in 
which such action is brought may assess against such indi-
vidual a civil penalty in any amount not to exceed $5,000.
‘‘(7) Any trust may be considered to be a qualified 
blind trust if—
‘‘(A) the trust instrument is amended to comply 
with the requirements of paragraph (3) or, in the 
case of a trust instrument which does not by its 
terms permit amendment, the trustee, the reporting 
individual, and any other interested party agree in 
writing that the trust shall be administered in ac-
cordance with the requirements of this subsection
and the trustee of such trust meets the requirements 
of paragraph (3)(A); except that in the case of any 
interested party who is a dependent child, a parent 
or guardian of such child may execute the agreement 
referred to in this subparagraph; 
‘‘(B) a copy of the trust instrument (except tes-
tamentary provisions) and a copy of the agreement 
referred to in subparagraph (A), and a list of the as-
sets held by the trust at the time of approval by the 
Office of Government Ethics, including the category 
of value of each asset as determined under sub-
section (d) of this section, are filed with such office 
and made available to the public as provided under 
paragraph (5)(D) of this subsection; and 
‘‘(C) the Director of the Office of Government 
Ethics determines that approval of the trust ar-
rangement as a qualified blind trust is in the par-
ticular case appropriate to assure compliance with 
applicable laws and regulations. 
‘‘(8) A reporting individual shall not be required to 
report the financial interests held by a widely held invest-
ment fund (whether such fund is a mutual fund, regulated 
investment company, pension or deferred compensation 
plan, or other investment fund), if—
‘‘(A)(i) the fund is publicly traded; or
‘‘(ii) the assets of the fund are widely diversi-
fied; and 
‘‘(B) the reporting individual neither exercises 
control over nor has the ability to exercise control 
over the financial interests held by the fund. 
‘‘(9)(A)(i) A reporting individual described in sub-
section (a) or (b) of section 201 shall not be required to 
report the holdings or sources of income of any trust or 
investment fund where—
‘‘(I) reporting would result in the disclosure of 
assets or sources of income of another person whose 
interests are not required to be reported by the re-
porting individual under this title; 
‘‘(II) the disclosure of such assets and sources 
of income is prohibited by contract or the assets and
sources of income are not otherwise publicly avail-
able; and 
‘‘(III) the reporting individual has executed a 
written ethics agreement which contains a general 
description of the trust or investment fund and a 
commitment to divest the interest in the trust or in-
vestment fund not later than 90 days after the date 
of the agreement. 
‘‘(ii) An agreement described under clause (i)(III) 
shall be attached to the public financial disclosure which
would otherwise include a listing of the holdings or sources 
of income from this trust or investment fund. 
‘‘(B)(i) The provisions of subparagraph (A) shall 
apply to an individual described in subsection (d) or (e) 
of section 201 if—
‘‘(I) the interest in the trust or investment fund 
is acquired involuntarily during the period to be cov-
ered by the report, such as through marriage or in-
heritance, and 
‘‘(II) for an individual described in subsection 
(d), the individual executes a written ethics agree-
ment containing a commitment to divest the interest 
no later than 90 days after the date on which the 
report is due. 
‘‘(ii) An agreement described under clause (i)(II) 
shall be attached to the public financial disclosure which 
would otherwise include a listing of the holdings or sources 
of income from this trust or investment fund. 
‘‘(iii) Failure to divest within the time specified or 
after an extension granted by the Director of the Office 
of Government Ethics for good cause shown shall result 
in an immediate requirement to report as specified in 
paragraph (1) of this subsection.
‘‘(g) Political campaign funds, including campaign re-
ceipts and expenditures, need not be included in any re-
port filed pursuant to this title. 
‘‘(h) A report filed pursuant to subsection (a), (d), 
or (e) of section 201 need not contain the information de-
scribed in subparagraphs (A), (B), and (C) of subsection 
(a)(2) with respect to gifts and reimbursements received 
in a period when the reporting individual was not an offi-
cer or employee of the Federal Government. 
‘‘(i) A reporting individual shall not be required 
under this title to report—
‘‘(1) financial interests in or income derived 
from—
‘‘(A) any retirement system under title 5, 
United States Code (including the Thrift Sav-
ings Plan under subchapter III of chapter 84 of 
such title); or 
‘‘(B) any other retirement system main-
tained by the United States for officers or em-
ployees of the United States, including the 
President, or for members of the uniformed 
services; or 
‘‘(2) benefits received under the Social Security 
Act (42 U.S.C. 301 et seq.).
‘‘(j)(1) Every month each designated agency ethics 
officer shall submit to the Office of Government Ethics 
notification of any waiver of criminal conflict of interest 
laws granted to any individual in the preceding month 
with respect to a filing under this title that is not confiden-
tial. 
‘‘(2) Every month the Office of Government Ethics 
shall make publicly available on the Internet—
‘‘(A) all notifications of waivers submitted 
under paragraph (1) in the preceding month; and 
‘‘(B) notification of all waivers granted by the 
Office of Government Ethics in the preceding 
month. 
‘‘(k) A full copy of any waiver of criminal conflict 
of interest laws granted shall be included with any filing
required under this title with respect to the year in which 
the waiver is granted. 
‘‘(l) The Office of Government Ethics shall provide 
upon request any waiver on file for which notice has been 
published. 
‘‘SEC. 203. FILING OF REPORTS. 
‘‘(a) Except as otherwise provided in this section, the 
reports required under this title shall be filed by the re-
porting individual with the designated agency ethics offi-
cial at the agency by which he is employed (or in the case
of an individual described in section 201(e), was em-
ployed) or in which he will serve. The date any report is 
received (and the date of receipt of any supplemental re-
port) shall be noted on such report by such official. 
‘‘(b) The President and the Vice President shall file 
reports required under this title with the Director of the 
Office of Government Ethics. 
‘‘(c) Copies of the reports required to be filed under 
this title by the Postmaster General, the Deputy Post-
master General, the Governors of the Board of Governors 
of the United States Postal Service, designated agency 
ethics officials, employees described in section 105(a)(2) 
(A) or (B), 106(a)(1) (A) or (B), or 107 (a)(1)(A) or 
(b)(1)(A)(i), of title 3, United States Code, candidates for 
the office of President or Vice President and officers and
employees in (and nominees to) offices or positions within 
the executive branch which require confirmation by the 
Senate shall be transmitted to the Director of the Office 
of Government Ethics. The Director shall forward a copy 
of the report of each nominee to the congressional com-
mittee considering the nomination. 
‘‘(d) Reports required to be filed under this title by 
the Director of the Office of Government Ethics shall be 
filed in the Office of Government Ethics and, immediately
after being filed, shall be made available to the public in 
accordance with this title. 
‘‘(e) Each individual identified in section 201(c) who 
is a candidate for nomination or election to the Office of 
President or Vice President shall file the reports required 
by this title with the Federal Election Commission. 
‘‘(f) Reports required of members of the uniformed 
services shall be filed with the Secretary concerned. 
‘‘(g) The Office of Government Ethics shall develop 
and make available forms for reporting the information 
required by this title. 
‘‘SEC. 204. FAILURE TO FILE OR FILING FALSE REPORTS. 
‘‘(a) The Attorney General may bring a civil action 
in any appropriate United States district court against 
any individual who knowingly and willfully falsifies or who 
knowingly and willfully fails to file or report any informa-
tion that such individual is required to report pursuant 
to section 202. The court in which such action is brought 
may assess against such individual a civil penalty in any 
amount, not to exceed $10,000. 
‘‘(b) The head of each agency, each Secretary con-
cerned, or the Director of the Office of Government Eth-
ics, as the case may be, shall refer to the Attorney General 
the name of any individual which such official has reason-
able cause to believe has willfully failed to file a report
or has willfully falsified or willfully failed to file informa-
tion required to be reported. 
‘‘(c) The President, the Vice President, the Secretary 
concerned, or the head of each agency may take any ap-
propriate personnel or other action in accordance with ap-
plicable law or regulation against any individual failing to 
file a report or falsifying or failing to report information 
required to be reported. 
‘‘(d)(1) Any individual who files a report required to 
be filed under this title more than 30 days after the later 
of—
‘‘(A) the date such report is required to be filed 
pursuant to the provisions of this title and the rules 
and regulations promulgated thereunder; or 
‘‘(B) if a filing extension is granted to such in-
dividual under section 201(g), the last day of the fil-
ing extension period, 
shall, at the direction of and pursuant to regulations 
issued by the Office of Government Ethics, pay a filing 
fee of $500. All such fees shall be deposited in the mis-
cellaneous receipts of the Treasury. The authority under 
this paragraph to direct the payment of a filing fee may 
be delegated by the Office of Government Ethics to other 
agencies in the executive branch.
‘‘(2) The Office of Government Ethics may waive the 
filing fee under this subsection for good cause shown. 
‘‘SEC. 205. CUSTODY OF AND PUBLIC ACCESS TO REPORTS. 
‘‘(a) Each agency and the Office of Government Eth-
ics shall make available to the public, in accordance with 
subsection (b), each report filed under this title with such 
agency or Office except that this section does not require 
public availability of a report filed by any individual in 
the Central Intelligence Agency, the Defense Intelligence 
Agency, the National Imagery and Mapping Agency, or 
the National Security Agency, or any individual engaged 
in intelligence activities in any agency of the United 
States, if the President finds or has found that, due to 
the nature of the office or position occupied by such indi-
vidual, public disclosure of such report would, by revealing 
the identity of the individual or other sensitive informa-
tion, compromise the national interest of the United 
States; and such individuals may be authorized, notwith-
standing section 204(a), to file such additional reports as 
are necessary to protect their identity from public disclo-
sure if the President first finds or has found that such 
filing is necessary in the national interest. 
‘‘(b)(1) Except as provided in the second sentence of 
this subsection, each agency and the Office of Government 
Ethics shall, within 30 days after any report is received
under this title by such agency or Office, as the case may 
be, permit inspection of such report by or furnish a copy 
of such report to any person requesting such inspection 
or copy. With respect to any report required to be filed 
by May 15 of any year, such report shall be made available 
for public inspection within 30 calendar days after May 
15 of such year or within 30 days of the date of filing 
of such a report for which an extension is granted pursu-
ant to section 201(g). The agency or the Office of Govern-
ment Ethics may require a reasonable fee to be paid in 
any amount which is found necessary to recover the cost 
of reproduction or mailing of such report excluding any 
salary of any employee involved in such reproduction or 
mailing. A copy of such report may be furnished without
charge or at a reduced charge if it is determined that waiv-
er or reduction of the fee is in the public interest. 
‘‘(2) Notwithstanding paragraph (1), a report may 
not be made available under this section to any person 
nor may any copy thereof be provided under this section 
to any person except upon a written application by such 
person stating—
‘‘(A) that person’s name, occupation, and ad-
dress;
‘‘(B) the name and address of any other person 
or organization on whose behalf the inspection or 
copy is requested; and 
‘‘(C) that such person is aware of the prohibi-
tions on the obtaining or use of the report. 
Any such application shall be made available to the public 
throughout the period during which the report is made 
available to the public. 
‘‘(c)(1) It shall be unlawful for any person to obtain 
or use a report—
‘‘(A) for any unlawful purpose; 
‘‘(B) for any commercial purpose, other than by 
news and communications media for dissemination 
to the general public; 
‘‘(C) for determining or establishing the credit 
rating of any individual; or
‘‘(D) for use, directly or indirectly, in the solici-
tation of money for any political, charitable, or other 
purpose. 
‘‘(2) The Attorney General may bring a civil action 
against any person who obtains or uses a report for any 
purpose prohibited in paragraph (1) of this subsection. 
The court in which such action is brought may assess 
against such person a penalty in any amount not to exceed
$10,000. Such remedy shall be in addition to any other 
remedy available under statutory or common law. 
‘‘(d) Any report filed with or transmitted to an agen-
cy or the Office of Government Ethics pursuant to this 
title shall be retained by such agency or Office, as the case 
may be. Such report shall be made available to the public 
for a period of 6 years after receipt of the report. After 
such 6-year period the report shall be destroyed unless 
needed in an ongoing investigation, except that in the case 
of an individual who filed the report pursuant to section 
201(b) and was not subsequently confirmed by the Senate, 
or who filed the report pursuant to section 201(c) and was 
not subsequently elected, such reports shall be destroyed 
1 year after the individual either is no longer under con-
sideration by the Senate or is no longer a candidate for 
nomination or election to the Office of President or Vice 
President unless needed in an ongoing investigation. 
‘‘SEC. 206. REVIEW OF REPORTS. 
‘‘(a) Each designated agency ethics official or Sec-
retary concerned shall make provisions to ensure that each 
report filed with him under this title is reviewed within 
60 days after the date of such filing, except that the Direc-
tor of the Office of Government Ethics shall review only 
those reports required to be transmitted to him under this 
title within 60 days after the date of transmittal.
‘‘(b)(1) If after reviewing any report under subsection 
(a), the Director of the Office of Government Ethics, the 
Secretary concerned, or the designated agency ethics offi-
cial, as the case may be, is of the opinion that on the basis 
of information contained in such report the individual sub-
mitting such report is in compliance with applicable laws 
and regulations, he shall state such opinion on the report, 
and shall sign such report. 
‘‘(2) If the Director of the Office of Government Eth-
ics, the Secretary concerned, or the designated agency eth-
ics official after reviewing any report under subsection 
(a)—
‘‘(A) believes additional information is required 
to be submitted to complete the form or to perform 
a conflict of interest analysis, he shall notify the in-
dividual submitting such report what additional in-
formation is required and the time by which it must 
be submitted, or 
‘‘(B) is of the opinion, on the basis of informa-
tion submitted, that the individual is not in compli-
ance with applicable laws and regulations, he shall 
notify the individual, afford a reasonable opportunity 
for a written or oral response, and after consider-
ation of such response, reach an opinion as to 
whether or not, on the basis of information sub-
mitted, the individual is in compliance with such 
laws and regulations. 
‘‘(3) If the Director of the Office of Government Eth-
ics, the Secretary concerned, or the designated agency eth-
ics official reaches an opinion under paragraph (2)(B) 
that an individual is not in compliance with applicable 
laws and regulations, the official shall notify the individual 
of that opinion and, after an opportunity for personal con-
sultation (if practicable), determine and notify the indi-
vidual of which steps, if any, would in the opinion of such 
official be appropriate for assuring compliance with such 
laws and regulations and the date by which such steps 
should be taken. Such steps may include, as appropriate—
‘‘(A) divestiture, 
‘‘(B) restitution, 
‘‘(C) the establishment of a blind trust, 
‘‘(D) request for an exemption under section 
208(b) of title 18, United States Code, or 
‘‘(E) voluntary request for transfer, reassign-
ment, limitation of duties, or resignation. 
The use of any such steps shall be in accordance with such 
rules or regulations as the Office of Government Ethics 
may prescribe. 
‘‘(4) If steps for assuring compliance with applicable 
laws and regulations are not taken by the date set under
100
paragraph (3) by an individual in a position in the execu-
tive branch (other than in the Foreign Service or the uni-
formed services), appointment to which requires the advice 
and consent of the Senate, the matter shall be referred 
to the President for appropriate action. 
‘‘(5) If steps for assuring compliance with applicable 
laws and regulations are not taken by the date set under 
paragraph (3) by a member of the Foreign Service or the 
uniformed services, the Secretary concerned shall take ap-
propriate action. 
‘‘(6) If steps for assuring compliance with applicable 
laws and regulations are not taken by the date set under 
paragraph (3) by any other officer or employee, the matter 
shall be referred to the head of the appropriate agency 
for appropriate action; except that in the case of the Post-
master General or Deputy Postmaster General, the Direc-
tor of the Office of Government Ethics shall recommend
to the Governors of the Board of Governors of the United 
States Postal Service the action to be taken. 
‘‘(7) The Office of Government Ethics may render 
advisory opinions interpreting this title. Notwithstanding 
any other provision of law, the individual to whom a public 
advisory opinion is rendered in accordance with this para-
graph, and any other individual covered by this title who 
is involved in a fact situation which is indistinguishable
101
in all material aspects, and who acts in good faith in ac-
cordance with the provisions and findings of such advisory 
opinion shall not, as a result of such act, be subject to 
any penalty or sanction provided by this title. 
‘‘SEC. 207. CONFIDENTIAL REPORTS AND OTHER ADDI-
TIONAL REQUIREMENTS. 
‘‘(a)(1) The Office of Government Ethics may require 
officers and employees of the executive branch (including 
special Government employees as defined in section 202 
of title 18, United States Code) to file confidential finan-
cial disclosure reports, in such form as it may prescribe. 
The information required to be reported under this sub-
section by the officers and employees of any department 
or agency shall be set forth in rules or regulations pre-
scribed by the Office of Government Ethics, and may be 
less extensive than otherwise required by this title, or more 
extensive when determined by the Office of Government
Ethics to be necessary and appropriate in light of sections 
202 through 209 of title 18, United States Code, regula-
tions promulgated thereunder, or the authorized activities 
of such officers or employees. Any individual required to 
file a report pursuant to section 201 shall not be required 
to file a confidential report pursuant to this subsection, 
except with respect to information which is more extensive 
than information otherwise required by this title. Sub-
102
sections (a), (b), and (d) of section 205 shall not apply 
with respect to any such report. 
‘‘(2) Any information required to be provided by an 
individual under this subsection shall be confidential and 
shall not be disclosed to the public. 
‘‘(3) Nothing in this subsection exempts any indi-
vidual otherwise covered by the requirement to file a public 
financial disclosure report under this title from such re-
quirement. 
‘‘(b) The provisions of this title requiring the report-
ing of information shall supersede any general require-
ment under any other provision of law or regulation with 
respect to the reporting of information required for pur-
poses of preventing conflicts of interest or apparent con-
flicts of interest. Such provisions of this title shall not su-
persede the requirements of section 7342 of title 5, United 
States Code. 
‘‘(c) Nothing in this Act requiring reporting of infor-
mation shall be deemed to authorize the receipt of income, 
gifts, or reimbursements; the holding of assets, liabilities, 
or positions; or the participation in transactions that are 
prohibited by law, Executive order, rule, or regulation.
103
‘‘SEC. 208. AUTHORITY OF COMPTROLLER GENERAL. 
‘‘The Comptroller General shall have access to finan-
cial disclosure reports filed under this title for the pur-
poses of carrying out his statutory responsibilities. 
‘‘SEC. 209. DEFINITIONS. 
‘‘For the purposes of this title, the term—
‘‘(1) ‘dependent child’ means, when used with 
respect to any reporting individual, any individual 
who is a son, daughter, stepson, or stepdaughter and 
who—
‘‘(A) is unmarried and under age 21 and 
is living in the household of such reporting indi-
vidual; or 
‘‘(B) is a dependent of such reporting indi-
vidual within the meaning of section 152 of the 
Internal Revenue Code of 1986 (26 U.S.C. 
152); 
‘‘(2) ‘designated agency ethics official’ means 
an officer or employee who is designated to admin-
ister the provisions of this title within an agency; 
‘‘(3) ‘executive branch’ includes each Executive 
agency (as defined in section 105 of title 5, United 
States Code), other than the General Accounting Of-
fice, and any other entity or administrative unit in 
the executive branch;
104
‘‘(4) ‘gift’ means a payment, advance, forbear-
ance, rendering, or deposit of money, or any thing 
of value, unless consideration of equal or greater 
value is received by the donor, but does not in-
clude—
‘‘(A) bequest and other forms of inherit-
ance; 
‘‘(B) suitable mementos of a function hon-
oring the reporting individual; 
‘‘(C) food, lodging, transportation, and en-
tertainment provided by a foreign government 
within a foreign country or by the United 
States Government, the District of Columbia, or 
a State or local government or political subdivi-
sion thereof; 
‘‘(D) food and beverages which are not 
consumed in connection with a gift of overnight 
lodging;
‘‘(E) communications to the offices of a re-
porting individual, including subscriptions to 
newspapers and periodicals; or 
‘‘(F) items that are accepted pursuant to 
or are required to be reported by the reporting 
individual under section 7342 of title 5, United 
States Code.
105
‘‘(5) ‘honoraria’ means a payment of money or 
anything of value for an appearance, speech, or arti-
cle; 
‘‘(6) ‘income’ means all income from whatever 
source derived, including but not limited to the fol-
lowing items: compensation for services, including 
fees, commissions, and similar items; gross income 
derived from business (and net income if the indi-
vidual elects to include it); gains derived from deal-
ings in property; interest; rents; royalties; prizes and 
awards; dividends; annuities; income from life insur-
ance and endowment contracts; pensions; income 
from discharge of indebtedness; distributive share of 
partnership income; and income from an interest in 
an estate or trust; 
‘‘(7) ‘personal hospitality of any individual’ 
means hospitality extended for a nonbusiness pur-
pose by an individual, not a corporation or organiza-
tion, at the personal residence of that individual or 
his family or on property or facilities owned by that 
individual or his family; 
‘‘(8) ‘reimbursement’ means any payment or 
other thing of value received by the reporting indi-
vidual, other than gifts, to cover travel-related ex-
106
penses of such individual other than those which 
are—
‘‘(A) provided by the United States Gov-
ernment, the District of Columbia, or a State or 
local government or political subdivision thereof; 
‘‘(B) required to be reported by the report-
ing individual under section 7342 of title 5, 
United States Code; or 
‘‘(C) required to be reported under section 
304 of the Federal Election Campaign Act of 
1971 (2 U.S.C. 434); 
‘‘(9) ‘relative’ means an individual who is re-
lated to the reporting individual, as father, mother, 
son, daughter, brother, sister, uncle, aunt, great 
aunt, great uncle, first cousin, nephew, niece, hus-
band, wife, grandfather, grandmother, grandson, 
granddaughter, father-in-law, mother-in-law, son-in-
law, daughter-in-law, brother-in-law, sister-in-law, 
stepfather, stepmother, stepson, stepdaughter, step-
brother, stepsister, half brother, half sister, or who 
is the grandfather or grandmother of the spouse of 
the reporting individual, and shall be deemed to in-
clude the fiance´ or fiance´e of the reporting indi-
vidual;
107
‘‘(10) ‘Secretary concerned’ has the meaning 
set forth in section 101(a)(9) of title 10, United 
States Code, and, in addition, means—
‘‘(A) the Secretary of Commerce, with re-
spect to matters concerning the National Oce-
anic and Atmospheric Administration; 
‘‘(B) the Secretary of Health and Human 
Services, with respect to matters concerning the 
Public Health Service; and 
‘‘(C) the Secretary of State, with respect 
to matters concerning the Foreign Service; and 
‘‘(11) ‘value’ means a good faith estimate of the 
dollar value if the exact value is neither known nor 
easily obtainable by the reporting individual. 
‘‘SEC. 210. NOTICE OF ACTIONS TAKEN TO COMPLY WITH 
ETHICS AGREEMENTS. 
‘‘(a) In any case in which an individual agrees with 
that individual’s designated agency ethics official, the Of-
fice of Government Ethics, or a Senate confirmation com-
mittee, to take any action to comply with this Act or any 
other law or regulation governing conflicts of interest of, 
or establishing standards of conduct applicable with re-
spect to, officers or employees of the Government, that 
individual shall notify in writing the designated agency 
ethics official, the Office of Government Ethics, or the ap-
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propriate committee of the Senate, as the case may be, 
of any action taken by the individual pursuant to that 
agreement. Such notification shall be made not later than 
the date specified in the agreement by which action by 
the individual must be taken, or not later than 3 months 
after the date of the agreement, if no date for action is 
so specified. If all actions agreed to have not been com-
pleted by the date of this notification, such notification 
shall continue on a monthly basis thereafter until the indi-
vidual has met the terms of the agreement. 
‘‘(b) If an agreement described in subsection (a) re-
quires that the individual recuse himself or herself from 
particular categories of agency or other official action, the 
individual shall reduce to writing those subjects regarding 
which the recusal agreement will apply and the process 
by which it will be determined whether the individual must 
recuse himself or herself in a specific instance. An indi-
vidual shall be considered to have complied with the re-
quirements of subsection (a) with respect to such recusal 
agreement if such individual files a copy of the document 
setting forth the information described in the preceding 
sentence with such individual’s designated agency ethics 
official or the Office of Government Ethics within the time 
prescribed in the penultimate sentence of subsection (a).
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‘‘SEC. 211. ADMINISTRATION OF PROVISIONS. 
‘‘The Office of Government Ethics shall issue regula-
tions, develop forms, and provide such guidance as is nec-
essary to implement and interpret this title.’’. 
SEC. 5. TRANSMITTAL OF RECORD RELATING TO PRESI-
DENTIALLY APPOINTED POSITIONS TO PRES-
IDENTIAL CANDIDATES. 
(a) DEFINITION.—In this section, the term ‘‘major 
party’’ has the meaning given that term under section 
9002(6) of the Internal Revenue Code of 1986. 
(b) TRANSMITTAL.—
(1) IN GENERAL.—Not later than 15 days after 
the date on which a major party nominates a can-
didate for President, the Executive Clerk of the 
White House shall transmit an electronic record to 
that candidate on Presidentially appointed positions. 
(2) OTHER CANDIDATES.—After making trans-
mittals under paragraph (1), the Executive Clerk of 
the White House may transmit an electronic record 
on Presidentially appointed positions to any other 
candidate for President.
(c) CONTENT.—The record transmitted under this 
section shall provide—
(1) all positions which are appointed by the 
President, including the title and description of the 
duties of each position;
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(2) the name of each person holding a position 
described under paragraph (1); 
(3) any vacancy in the positions described 
under paragraph (1), and the period of time any 
such position has been vacant; 
(4) the date on which an appointment made 
after the applicable Presidential election for any po-
sition described under paragraph (1) is necessary to 
ensure effective operation of the Government; and 
(5) any other information that the Executive 
Clerk determines is useful in making appointments. 
SEC. 6. REDUCTION OF POSITIONS REQUIRING APPOINT-
MENT WITH SENATE CONFIRMATION. 
(a) DEFINITION.—In this section, the term ‘‘agency’’ 
means an Executive agency as defined under section 105 
of title 5, United States Code. 
(b) REDUCTION PLAN.—
(1) IN
GENERAL.—Not later than 180 days 
after the date of enactment of this Act, the head of 
each agency shall submit a Presidential appointment 
reduction plan to—
(A) the President; 
(B) the Committee on Governmental Af-
fairs of the Senate; and
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(C) the Committee on Government Reform 
of the House of Representatives. 
(2) CONTENT.—The plan under this subsection 
shall provide for the reduction of—
(A) the number of positions within that 
agency that require an appointment by the 
President, by and with the advice and consent 
of the Senate; and 
(B) the number of levels of such positions 
within that agency. 
SEC. 7. ATTORNEY GENERAL REVIEW OF CONFLICT OF IN-
TEREST LAW. 
(a) IN GENERAL.—Not later than 180 days after the 
date of enactment of this Act, the Director of the Office 
of Government Ethics, in consultation with the Attorney 
General of the United States, shall conduct a comprehen-
sive review of conflict of interest laws relating to Federal 
employment and submit a report to—
(1) the President; 
(2) the Committee on Governmental Affairs of 
the Senate; 
(3) the Committee on the Judiciary of the Sen-
ate; 
(4) the Committee on Government Reform of 
the House of Representatives; and
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(5) the Committee on the Judiciary of the 
House of Representatives. 
(b) CONTENT.—The report under this section shall—
(1) examine all—
(A) Federal criminal conflict of interest 
laws relating to Federal employment, including 
the relevant provisions of chapter 11 of title 18, 
United States Code; and 
(B) related civil conflict of interest laws, 
including regulations promulgated under section 
402 of the Ethics in Government Act of 1978 
(5 U.S.C. App.); and 
(2) make recommendations on legislation to 
provide for—
(A) better coordination of such laws; and 
(B) more uniformity, efficiency, and clarity 
in the application and administration of such 
laws. 
SEC. 8. EFFECTIVE DATE. 
(a) AMENDMENTS TO ETHICS IN GOVERNMENT ACT 
OF 1978.—
(1) IN GENERAL.—Subject to subsection (b), 
the amendments made by sections 3 and 4 shall take 
effect on January 1 of the year following the date 
of enactment of this Act.
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(2) LATER DATE.—If the date of enactment of 
this Act is on or after July 1 of any calendar year, 
the amendments made by sections 3 and 4 shall take 
effect on July 1 in the year following the date of en-
actment of this Act. 
(b) OTHER PROVISIONS.—Sections 1, 2, 5, 6, and 7 
shall take effect on the date of enactment of this Act.
Æ