Dismantling Investments in Violation of Ethical Standards through Trusts Act

Bill: 117-hr-8754
Sponsor: full_name: Rep. Cloud, Michael [R-TX-27]
Introduced: 2022-08-30
Policy area: Government Operations and Politics
Latest action: action_date: 2022-08-30
text: Referred to the Committee on Oversight and Reform, and in addition to the Committee on Ways and Means, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.

Summaries:
action_date: 2022-08-30
action_desc: Introduced in House
text: <p><strong>Dismantling Investments in Violation of Ethical Standards through Trusts Act</strong></p> <p>This bill prohibits a senior federal employee, his or her spouse, or dependent children from holding, purchasing, or selling certain financial instruments during the employee's term of service.</p> <p>Any profit made in violation of the prohibition must be disgorged to the Treasury and may subject the individual to a civil fine. The bill also requires the submission of an annual certification of compliance and requires the Government Accountability Office to conduct a compliance audit.</p> <p> A loss from a transaction or holding involving a covered financial instrument that is conducted in violation of this bill may not be deducted from the amount of income tax owed by the applicable senior federal employee, spouse, or dependent child.</p> <p>A senior federal employee who holds or conducts a transaction involving a covered financial instrument in violation of this bill may be subject to a civil fine assessed by the supervising ethics office.</p>

tv_txt: I 117th CONGRESS 2d Session H. R. 8754 IN THE HOUSE OF REPRESENTATIVES August 30, 2022 Mr. Cloud (for himself and Mr. Golden ) introduced the following bill; which was referred to the Committee on Oversight and Reform , and in addition to the Committee on Ways and Means , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To amend the Ethics in Government Act of 1978 to prohibit transactions involving certain financial instruments by senior Federal employees, their spouses, or dependent children, and for other purposes.

1. Short title This Act may be cited as the Dismantling Investments in Violation of Ethical Standards through Trusts Act . 2. Prohibiting transactions and ownership of certain financial instruments by senior Federal employees, their spouses, or dependent children (a) In general The Ethics in Government Act of 1978 (5 U.S.C. App.) is amended by inserting after title I the following: II Restrictions Regarding Financial Instruments 201. Definitions In this title: (1) Covered financial instrument (A) In general The term covered financial instrument means— (i) any investment in— (I) a security (as defined in section 3(a) of Securities Exchange Act of 1934 ( 15 U.S.C. 78c(a) )); (II) a security future (as defined in that section); or (III) a commodity (as defined in section 1a of the Commodity Exchange Act ( 7 U.S.C. 1a )); and (ii) any economic interest comparable to an interest described in clause (i) that is acquired through synthetic means, such as the use of a derivative, including an option, warrant, or other similar means. (B) Exclusions The term covered financial instrument does not include— (i) a diversified mutual fund; (ii) a diversified exchange-traded fund; (iii) a United States Treasury bill, note, or bond; or (iv) compensation from the primary occupation of a spouse or dependent child of a senior Federal employee. (2) Qualified blind trust The term qualified blind trust has the meaning given the term in section 102(f)(3). (3) Senior Federal employee The term senior Federal employee means any individual occupying a Senior Executive Service position (as that term is defined in section 3132 of title 5, United States Code). (4) Supervising ethics office The term supervising ethics office has the meaning given the term in section 109. 202. Prohibition on certain transactions and holdings involving covered financial instruments (a) Prohibition Except as provided in subsection (b), a senior Federal employee, their spouse, or their dependent children may not, during the term of service of the employee, hold, purchase, or sell any covered financial instrument. (b) Exceptions The prohibition under subsection (a) does not apply to— (1) a sale by a senior Federal employee, their spouse, or their dependent child that is completed by the date that is— (A) for an employee serving on the date of enactment of this title, 180 days after that date of enactment; and (B) for any employee who commences service as an employee after the date of enactment of this title, 180 days after the first date of the initial term of service; (2) a covered financial instrument held in a qualified blind trust operated on behalf of, or for the benefit of, a senior Federal employee, their spouse, or their dependent child; or (3) a covered financial instrument exempted from coverage under section 208 of title 18, United States Code, pursuant to section 2640.202 of title 5, Code of Federal Regulations (or any successor regulation). (c) Application of certificate of divestiture program For purposes of section 1043 of the Internal Revenue Code of 1986— (1) this section shall be treated as a Federal conflict of interest statute; and (2) any person required to dispose of any property by reason of this section shall be treated as an eligible person. (d) Penalties (1) Disgorgement A senior Federal employee, their spouse, or their dependent child shall disgorge to the general fund of the Treasury any profit from a transaction or holding involving a covered financial instrument that is conducted in violation of this section. (2) Income tax A loss from a transaction or holding involving a covered financial instrument that is conducted in violation of this section may not be deducted from the amount of income tax owed by the applicable senior Federal employee, their spouse, or their dependent child. (3) Fines A senior Federal employee who holds or conducts a transaction involving a covered financial instrument in violation of this section may be subject to a civil fine assessed by the supervising ethics office under section 204. 203. Certification of compliance (a) In general Not less frequently than annually, each senior Federal employee shall submit to the supervising ethics office a written certification that the employee, their spouse, or their dependent child has achieved compliance with the requirements of this title. (b) Publication The supervising ethics office shall publish each certification submitted under subsection (a) on a publicly available website. 204. Authority of supervising ethics office (a) In general The supervising ethics office may implement and enforce the requirements of this title, including by— (1) issuing— (A) for applicable senior Federal employees— (i) rules governing that implementation; and (ii) 1 or more reasonable extensions to achieve compliance with this title, if the supervising ethics office determines that an employee is making a good faith effort to divest any covered financial instruments; and (B) guidance relating to covered financial instruments; (2) publishing on the internet certifications submitted by senior Federal employees under section 203(a); and (3) assessing civil fines against any senior Federal employee who is in violation of this title, subject to subsection (b). (b) Requirements for civil fines (1) Amount A fine imposed under this section against a senior Federal employee shall be equal to the greater of— (A) $1,000, or (B) an amount equal to 10 percent of the greatest dollar value of the applicable covered financial instrument during any period that such instrument was held by the applicable senior Federal employee or their spouse or dependent child (as the case may be). (2) In general Before imposing a fine pursuant to this section, the supervising ethics office shall provide to the applicable senior Federal employee— (A) a written notice describing each covered financial instrument transaction for which a fine will be assessed; and (B) an opportunity, with respect to each such covered financial instrument transaction— (i) for a hearing; and (ii) to achieve compliance with the requirements of this title. (3) Publication The supervising ethics office shall publish on a publicly available website a description of— (A) each fine assessed pursuant to this section; (B) the reasons why each such fine was assessed; and (C) the result of each assessment, including any hearing under paragraph (2)(B)(i) relating to the assessment. (4) Appeal A senior Federal employee may appeal to the supervising ethics office a fine assessed under this section during the 30-day period beginning on the date the fine is so assessed. 205. Audit by Government Accountability Office Not later than 2 years after the date of enactment of this title, the Comptroller General of the United States shall— (1) conduct an audit of the compliance by senior Federal employees with the requirements of this title; and (2) submit to each supervising ethics office a report describing the results of the audit conducted under paragraph (1). . (b) Application The amendments made by subsection (a) shall apply to individuals described in section 202(a) of the Ethics in Government Act of 1978 (5 U.S.C. App.) beginning on the date that is 12 months following the date of enactment of this Act. (c) Additional employees Section 401(c)(1) of the Ethics in Government Act of 1978 (5 U.S.C. App.) is amended by inserting up to 100 after appoint . (d) Funding The Director of the Office of Management and Budget may transfer such funds as the Director considers appropriate, to be derived from unobligated amounts available for executive branch programs identified by the Director to be duplicative, to the Office of Government Ethics for the purpose of carrying out this Act, to remain available until the date that is 5 years following the date of the enactment of this Act. (e) Conforming amendments (1) Section 109 of the Ethics in Government Act of 1978 (5 U.S.C. App.) is amended— (A) in the matter preceding paragraph (1), by striking For the purposes of this title, the term— and inserting In this title: ; (B) in paragraph (1), by striking means and all that follows through Representatives; and inserting the following: means, as applicable— (A) the Select Committee on Ethics of the Senate; and (B) the Committee on Ethics of the House of Representatives. ; (C) in each of paragraphs (2) through (17), by striking the semicolon at the end of the paragraph and inserting a period; (D) in paragraph (18)— (i) in subparagraph (B), by striking Standards of Official Conduct and inserting Ethics ; and (ii) in subparagraph (D), by striking ; and at the end and inserting a period; (E) in each of paragraphs (1) through (19)— (i) by inserting The term after the paragraph designation; and (ii) by inserting a paragraph heading, the text of which is comprised of the term defined in that paragraph; and (F) by redesignating paragraphs (8) and (9) as paragraphs (9) and (8), respectively, and moving the paragraphs so as to appear in numerical order. (2) Section 101(f) of the Ethics in Government Act of 1978 (5 U.S.C. App.) is amended— (A) in paragraph (9), by striking as defined under section 109(12) ; (B) in paragraph (10), by striking as defined under section 109(13) ; (C) in paragraph (11), by striking as defined under section 109(10) ; and (D) in paragraph (12), by striking as defined under section 109(8) . (3) Section 103 of the Ethics in Government Act of 1978 (5 U.S.C. App.) is amended— (A) in subsection (j)(1), by striking Standards of Official Conduct and inserting Ethics ; and (B) in subsection ( l )— (i) in paragraph (9), by striking , as defined under section 109(12) ; and (ii) in paragraph (10), by striking , as defined under section 109(13) . (4) Section 105(b)(3)(A) of the Ethics in Government Act of 1978 (5 U.S.C. App.) is amended by striking described in section 109(8) or 109(10) of this Act and inserting who is a judicial employee or judicial officer . (5) Section 111(2) of the Ethics in Government Act of 1978 (5 U.S.C. App.) is amended by striking Standards of Official Conduct and inserting Ethics . (6) Section 402 of the Ethics in Government Act of 1978 (5 U.S.C. App.) is amended— (A) in subsection (b), by striking title II of each place it appears; and (B) in subsection (f)(2)(B)— (i) by striking Subject to clause (iv) of this subparagraph, before each place it appears and inserting Before ; and (ii) by striking clause (iv). (7) Section 503(1)(A) of the Ethics in Government Act of 1978 (5 U.S.C. App.) is amended by striking Standards of Official Conduct and inserting Ethics . (8) Section 3(4)(D) of the Lobbying Disclosure Act of 1995 ( 2 U.S.C. 1602(4)(D) ) is amended by striking legislative branch employee serving in a position described under section 109(13) of the Ethics in Government Act of 1978 (5 U.S.C. App.) and inserting officer or employee of the Congress (as defined in section 109 of the Ethics in Government Act of 1978 (5 U.S.C. App.)) . (9) Section 21A of the Securities Exchange Act of 1934 ( 15 U.S.C. 78u–1 ) is amended— (A) in subsection (g)(2)(B)(ii), by striking section 109(11) of the Ethics in Government Act of 1978 ( 5 U.S.C. App. 109(11) ) and inserting section 109 of the Ethics in Government Act of 1978 (5 U.S.C. App.) ; and (B) in subsection (h)(2)— (i) in subparagraph (B), by striking section 109(8) of the Ethics in Government Act of 1978 ( 5 U.S.C. App. 109(8) ) and inserting section 109 of the Ethics in Government Act of 1978 (5 U.S.C. App.) ; and (ii) in subparagraph (C), by striking under section 109(10) of the Ethics in Government Act of 1978 ( 5 U.S.C. App. 109(10) ) and inserting in section 109 of the Ethics in Government Act of 1978 (5 U.S.C. App.) .