[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 7167 Introduced in House (IH)]

<DOC>






115th CONGRESS
  2d Session
                                H. R. 7167

   To strengthen transparency and accountability within the Federal 
                  Government, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           November 20, 2018

Mr. Ted Lieu of California (for himself, Mr. Cicilline, Ms. Eshoo, Mr. 
  Gallego, and Ms. Sanchez) introduced the following bill; which was 
 referred to the Committee on Oversight and Government Reform, and in 
addition to the Committees on the Judiciary, and Ways and Means, for a 
 period to be subsequently determined by the Speaker, in each case for 
consideration of such provisions as fall within the jurisdiction of the 
                          committee concerned

_______________________________________________________________________

                                 A BILL


 
   To strengthen transparency and accountability within the Federal 
                  Government, and for other purposes.

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

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Restoring the 
Public Trust Act''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
         TITLE I--NO PERSONAL ENRICHMENT FOR FEDERAL EMPLOYEES

           Subtitle A--Stop Waste And Misuse by the President

Sec. 101. Short title.
Sec. 102. Findings.
Sec. 103. Reimbursal for costs of protection.
 Subtitle B--Stop Waste And Misuse by Presidential Flyers Landing Yet 
                      Evading Rules and Standards

Sec. 111. Short title.
Sec. 112. Prohibition on use of funds for travel on private aircraft.
  Subtitle C--E. Scott Pruitt Accountability for Government Officials

Sec. 121. Short title.
Sec. 122. Findings.
Sec. 123. Use of public office for private gain.
      Subtitle D--Curb Objectionable Redirection of Resources and 
                   Unconstitutional Payments to Trump

Sec. 131. Short title.
Sec. 132. Findings.
Sec. 133. Sense of the Congress.
Sec. 134. Reports.
Sec. 135. Definitions.
  Subtitle E--Relatives in Government Getting Employment Dishonorably

Sec. 141. Short title.
Sec. 142. Employment of relatives; restrictions.
 Subtitle F--Determining if Regulatory Actions are in the Interest of 
                        the Nation or the Swamp

Sec. 151. Short title.
Sec. 152. Requiring greater transparency for regulatory conflicts of 
                            interest.
Sec. 153. ACUS study and report on regulatory conflicts of interest.
Sec. 154. Judicial review.
Sec. 155. Effective date.
              TITLE II--ROOTING OUT CONFLICTS OF INTEREST

    Subtitle A--Commonsense Legislation Ensuring Accountability by 
          Reporting Access of Non-Cleared Employees to Secrets

Sec. 201. Short title.
Sec. 202. Report on security clearances for individuals working in the 
                            White House and Executive Office of the 
                            President.
   Subtitle B--Divestiture of Certain Financial Interests of Federal 
                   Officers and Employees and Spouses

Sec. 211. Divestiture of certain financial interests of Federal 
                            officers and employees and spouses.
               Subtitle C--Presidential Tax Transparency

Sec. 221. Short title.
Sec. 222. Disclosure of tax returns by Presidents and certain 
                            Presidential candidates.
                   Subtitle D--White House Open Data

Sec. 231. Short title.
Sec. 232. White House visitor log and employee information.
   Subtitle E--Prohibitions on Making Certain Contracts with Federal 
                 Government or Receiving Federal Funds

Sec. 241. Prohibitions on making certain contracts with Federal 
                            Government or receiving Federal funds.
 TITLE III--INCREASED OVERSIGHT AND STRENGTHENING AGENCIES RESPONSIBLE 
                       FOR ROOTING OUT CORRUPTION

Sec. 301. Congressional notification of change in status of Inspector 
                            General.
Sec. 302. Presidential explanation of failure to nominate an Inspector 
                            General.

         TITLE I--NO PERSONAL ENRICHMENT FOR FEDERAL EMPLOYEES

           Subtitle A--Stop Waste And Misuse by the President

SEC. 101. SHORT TITLE.

    This subtitle may be cited as the ``Stop Waste And Misuse by the 
President Act of 2018'' or the ``SWAMP Act of 2018''.

SEC. 102. FINDINGS.

    The Congress finds as follows:
            (1) Presidential travel to commercial entities owned in 
        whole or in part by the President or First Family results in 
        the American taxpayer effectively subsidizing the President's 
        businesses.
            (2) Given current expenditures, President Trump is on track 
        to spend more during his first year of office than all eight 
        years of the Obama administration combined.
            (3) It is unacceptable for the President to maintain an 
        interest in traveling to properties in which he has a direct 
        financial interest, as the U.S. Government is responsible for 
        renting space for personnel in said private commercial 
        entities.
            (4) Every time the President travels to Mar-a-Lago, he 
        necessarily promotes his private business interests via free 
        press at the Government's expense.
            (5) The State Department's recent promotion of Mar-a-Lago 
        on its official website raises serious ethics concerns.
            (6) As of April 14, 2017, President Trump has cost the U.S. 
        taxpayer unprecedented amounts of money, including the 
        following estimated costs:
                    (A) For trips to Mar-a-Lago:
                            (i) Total cost for security in Palm Beach: 
                        $3,700,000 (each trip).
                            (ii) Roundtrip flights from Joint Base 
                        Andrews, Maryland, to West Palm, Florida: 
                        $700,000.
                            (iii) Overtime for local law enforcement 
                        during Trump's trips: $60,000/day.
                            (iv) Total golf cart rentals ordered by the 
                        Secret Service ``for POTUS visit'': $35,185.
                            (v) Estimated loss of business due to 
                        airport closure: $30,000/weekend.
                    (B) For Trump Tower:
                            (i) Request for additional Secret Service 
                        funding to secure Trump Towers: $60,000,000.
                            (ii) New York Police Department security 
                        costs: $127,000-$146,000/day.
                            (iii) ``Elevator services'' ordered by the 
                        Secret Service: $64,000.
                            (iv) Air Force One flights to New York 
                        City: $180,000/hour.
            (7) The proposed 2017 Federal spending bill includes 
        reimbursements for millions of dollars spent by Florida and New 
        York to protect the President and First Family, and facilitate 
        their travel. While localities should be reimbursed, the 
        taxpayer should not be responsible for said reimbursement.

SEC. 103. REIMBURSAL FOR COSTS OF PROTECTION.

    In the case of a person whom the United States Secret Service is 
authorized to protect under paragraph (1) or (2) of section 3056(a) of 
title 18, United States Code, if that person, while traveling for 
official business or for personal purposes, stays in a hotel or other 
establishment providing daily-rate accommodation in which that person 
has an ownership or financial interest, that person shall reimburse to 
the Treasury--
            (1) any amount expended by the United States Secret Service 
        for the provision of such protection; and
            (2) any amount expended for other costs incurred by the 
        Government pertaining to that stay.

 Subtitle B--Stop Waste And Misuse by Presidential Flyers Landing Yet 
                      Evading Rules and Standards

SEC. 111. SHORT TITLE.

    This subtitle may be cited as the ``Stop Waste And Misuse by 
Presidential Flyers Landing Yet Evading Rules and Standards Act'' or 
the ``SWAMP FLYERS Act''.

SEC. 112. PROHIBITION ON USE OF FUNDS FOR TRAVEL ON PRIVATE AIRCRAFT.

    (a) In General.--Beginning on the date of the enactment of this 
Act, no Federal funds appropriated or otherwise made available in any 
fiscal year may be used to pay the travel expenses of any senior 
political appointee for travel on official business on a non-
commercial, private, or chartered flight.
    (b) Exceptions.--The limitation in subsection (a) shall not apply--
            (1) if no commercial flight was available for the travel in 
        question, consistent with subsection (c); or
            (2) to any travel on aircraft owned or leased by the 
        Government.
    (c) Certification.--
            (1) In general.--Any senior political appointee who travels 
        on a non-commercial, private, or chartered flight under the 
        exception provided in subsection (b)(1) shall, not later than 
        30 days after the date of such travel, submit a written 
        statement to Congress certifying that no commercial flight was 
        available.
            (2) Penalty.--Any statement submitted under paragraph (1) 
        shall be considered a statement for purposes of applying 
        section 1001 of title 18, United States Code.
    (d) Definition of Senior Political Appointee.--In this subtitle, 
the term ``senior political appointee'' means any individual 
occupying--
            (1) a position listed under the Executive Schedule 
        (subchapter II of chapter 53 of title 5, United States Code);
            (2) a Senior Executive Service position that is not a 
        career appointee as defined under section 3132(a)(4) of such 
        title; or
            (3) a position of a confidential or policy-determining 
        character under schedule C of subpart C of part 213 of title 5, 
        Code of Federal Regulations.

  Subtitle C--E. Scott Pruitt Accountability for Government Officials

SEC. 121. SHORT TITLE.

    This subtitle may be cited as the ``E. Scott Pruitt Accountability 
for Government Officials Act of 2018''.

SEC. 122. FINDINGS.

    Congress finds the following:
            (1) During his time as Administrator of the Environmental 
        Protection Agency, Scott Pruitt faced more than 12 separate 
        ethics investigations including by the Environmental Protection 
        Agency Inspector General, the Committee on Oversight and 
        Government Reform of the House of Representatives, the 
        Executive Office of the President, the Government 
        Accountability Office, and the U.S. Office of Special Counsel.
            (2) On October 2, 2017, the Department of the Interior's 
        Inspector General confirmed they were investigating Secretary 
        Ryan Zinke's taxpayer-funded flights, including $12,375 on a 
        chartered flight from Las Vegas to Montana where he spoke to a 
        hockey team that is owned by one of Secretary Zinke's largest 
        political donors.
            (3) On March 14, 2018, CNN reported that Secretary of 
        Housing and Urban Development Ben Carson knew about a dining 
        set worth $31,000 that was ordered for Carson's office, 
        knowledge of which he had previously denied.
            (4) On March 20, 2018, it was publicly reported that Scott 
        Pruitt secured a sub-market lease for a Washington, DC, 
        condominium owned by the wife of a lobbyist who represented 
        clients with matters pending before the Environmental 
        Protection Agency, and told the Washington Examiner that he was 
        ``dumbfounded that that's controversial''.
            (5) On April 4, 2018, the New York Times reported that 
        Scott Pruitt used a loophole in the Safe Water Drinking Act to 
        give raises to his aides that had been explicitly denied by the 
        White House.
            (6) On April 16, 2018, the Washington Post reported that 
        Scott Pruitt had spent nearly $3,000,000 of taxpayer funds on 
        security and travel since taking office in February 2017.
            (7) On April 26, 2018, Politico reported that Scott Pruitt 
        spent over $105,000 of taxpayer funds on first-class flights, 
        citing since-debunked threats to his personal security.
            (8) On June 5, 2018, the Washington Post reported that 
        Scott Pruitt used official channels to pressure Chick-fil-A 
        Chief Executive Officer Dan Cathy into securing a restaurant 
        franchise for his wife.
            (9) On June 6, 2018, the Washington Post reported that 
        Scott Pruitt forced aides to help him secure a used ``Trump 
        Home Luxury Plush Euro Pillow Top''.
            (10) On June 8, 2018, the Washington Post reported that 
        Scott Pruitt forced his security detail to help him acquire 
        high-end hand lotion and to pick up his dry cleaning.
            (11) On July 2, 2018, the Washington Post reported that 
        Scott Pruitt recruited a staff member to help his wife find a 
        job, the salary for which he stipulated should be no less than 
        $200,000.
            (12) On July 5, 2018, Scott Pruitt resigned amid myriad 
        scandals and massive public pressure.
            (13) On July 13, 2018, Forbes reported on Wilbur Ross' 
        massive conflicts of interest, including having taken meetings 
        with a trade association whose members included a car 
        manufacturer whose investors included Ross himself. The same 
        report noted that Wilbur Ross took meetings with companies 
        whose investors included his wife.
            (14) On July 13, 2018, The New York Times reported that Tom 
        Price repeatedly violated government travel rules, wasting at 
        least $314,000 of taxpayer funds by using chartered jets and 
        military air travel instead of commercially available flights.

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

    (a) In General.--Chapter 93 of title 18, United States Code, is 
amended by adding at the end the following:
``Sec. 1925. Use of public office for private gain
    ``(a) Use for Private Gain.--Whoever, being a covered Federal 
officer or employee, uses his public office for--
            ``(1) his own private gain;
            ``(2) the endorsement of any product, service or 
        enterprise; or
            ``(3) the private gain of a friend, relative, or a person 
        with whom the covered Federal officer or employee is affiliated 
        in a nongovernmental capacity, including a nonprofit 
        organization of which the covered Federal officer or employee 
        is an officer or member, and a person with whom the employee 
        has or seeks employment or business relations,
shall be fined under this title, imprisoned not more than one year, or 
in the case of a willful violation, not more than 5 years, or both.
    ``(b) Coercion.--Whoever, being a covered Federal officer or 
employee, uses or permits the use of his Government position or title 
or any authority associated with his public office in a manner that is 
intended to coerce or induce another person, including a subordinate, 
to provide any benefit, financial or otherwise, to himself or to a 
friend, relative, or person with whom the covered Federal officer or 
employee is affiliated in a nongovernmental capacity, shall be fined 
under this title, imprisoned not more than one year, or in the case of 
a willful violation, not more than 5 years, or both.
    ``(c) Covered Federal Officer or Employee.--For purposes of this 
section, the term `covered Federal officer or employee' means any of 
the following officers or employees of the Federal Government:
            ``(1) Assistant to the President for National Security 
        Affairs.
            ``(2) Assistant to the President and Chief of Staff.
            ``(3) Assistant to the President and Deputy Chief of Staff.
            ``(4) Assistant to the President and Deputy Chief of Staff 
        for Communications (or Director of Communications).
            ``(5) Assistant to the President and Press Secretary.
            ``(6) Senior Advisor to the President.
            ``(7) Assistant to the President and Staff Secretary.
            ``(8) Assistant to the President for Homeland Security and 
        Counterterrorism.
            ``(9) Assistant to the President and Counselor to the 
        President.
            ``(10) Director of the National Economic Council.
            ``(11) Director of the Domestic Policy Council.
            ``(12) Assistant to the President and Chief of Staff or 
        Deputy Chief of Staff to the Vice President.
            ``(13) Special Assistant to the President and Director of 
        Communications for the Vice President.
            ``(14) Press Secretary to the Vice President.
            ``(15) Senior Advisor to the Vice President.
            ``(16) Deputy Assistant to the President and National 
        Security Advisor or Deputy National Security Advisor to the 
        Vice President.
            ``(17) Deputy Assistant to the President and Counselor to 
        the Vice President.
            ``(18) Assistant to the President and White House Counsel.
            ``(19) Director of the Office of Management and Budget.
            ``(20) Any officer or employee whose appointment is made by 
        the President by and with the advice and consent of the 
        Senate.''.
    (b) Clerical Amendment.--The table of sections for chapter 93 of 
title 18, United States Code, is amended by inserting after the item 
related to section 1924 the following:

``1925. Use of public office for private gain.''.

      Subtitle D--Curb Objectionable Redirection of Resources and 
                   Unconstitutional Payments to Trump

SEC. 131. SHORT TITLE.

    This subtitle may be cited as the ``Curb Objectionable Redirection 
of Resources and Unconstitutional Payments to Trump Act'' or the 
``CORRUPT Act''.

SEC. 132. FINDINGS.

    Congress finds the following:
            (1) Kleptocracy is a tool used by autocratic leaders, 
        including Vladimir Putin, to exploit state resources; it 
        involves the operation of sophisticated networks for the 
        purpose of self-enrichment.
            (2) Unlike prior presidents, President Trump has refused to 
        sell his business interests or divest himself of assets that 
        present potential conflicts of interest.
            (3) Article I of the Constitution states that ``no Person 
        holding any office of profit or trust under them, shall, 
        without the consent of the Congress, accept any present, 
        emolument, office, or title, of any kind whatever, from any 
        King, Prince, or foreign State''.
            (4) Foreign governments and foreign-held companies have 
        already shifted business to the President's companies in order 
        to curry favor with the Administration.
            (5) According to reports, the Trump International Hotel has 
        generated at least $19,700,000 in income for the President 
        between September 2016 and April 2017.
            (6) The National Security Council and State Department have 
        allegedly used taxpayers' money to pay for staff to stay at 
        Trump hotels and resorts, thereby benefitting the President.

SEC. 133. SENSE OF THE CONGRESS.

    It is the sense of Congress that--
            (1) kleptocrats such as Vladimir Putin pose a threat to 
        United States national security by undermining financial and 
        Government institutions;
            (2) the United States must take all steps necessary to 
        defend itself against kleptocratic practices; and
            (3) Federal funds should not be expended in a manner that 
        enriches the President or any of his close relatives or 
        associates.

SEC. 134. REPORTS.

    (a) Agency Report.--Not later than 90 days after the date of the 
enactment of this Act, the head of each agency shall submit to the 
Office of Government Ethics a report on the amount expended by that 
agency in fiscal year 2018 at, or any payments made to, any covered 
property and shall include--
            (1) any hotel stay using per diem or other funds; or
            (2) the rental of any conference room or meeting facility.
    (b) Office of Government Ethics Report.--Not later than 120 days 
after the date of the enactment of this Act, the Office of Government 
Ethics shall submit to Congress a comprehensive report on funds 
expended by any agency at, or any payments made to, a covered property 
in fiscal year 2018.
    (c) Annual Report.--At the end of the next fiscal year following 
the date of the enactment of this Act, and at the end of each fiscal 
year thereafter, the Director of the Office of Management and Budget 
shall submit to Congress a report on the direct and indirect ways that 
funds appropriated to agencies have benefitted a covered property, 
including--
            (1) funds expended by any agency at, or any payments made 
        to, a covered property in the previous fiscal year;
            (2) regulatory actions in the previous fiscal year with a 
        beneficial impact on a covered property; and
            (3) indirect expenditures with vendors conducting more than 
        $1,000,000 in business with a covered individual or with the 
        owners of a covered property in the previous fiscal year.

SEC. 135. DEFINITIONS.

    In this subtitle:
            (1) Agency.--The term ``agency''--
                    (A) has the meaning given the term--
                            (i) ``Executive agency'' under section 105 
                        of title 5, United States Code; and
                            (ii) ``military department'' under section 
                        102 of title 5, United States Code; and
                    (B) means--
                            (i) any other establishment in the 
                        executive branch (including the Executive 
                        Office of the President, the United States 
                        Postal Service, and the Postal Regulatory 
                        Commission);
                            (ii) an office, agency, or other 
                        establishment in the legislative branch; and
                            (iii) an office, agency, or other 
                        establishment in the judicial branch.
            (2) Covered individual.--The term ``covered individual'' 
        means--
                    (A) the President;
                    (B) a relative of the President; and
                    (C) with respect to an agency that is an Executive 
                department, the head of the Executive department.
            (3) Covered property.--The term ``covered property'' 
        means--
                    (A) any property controlled by the Trump 
                Organization; or
                    (B) an organization or business controlled by or 
                associated with a covered person (including any known 
                shell company), any member of the President's family, 
                or any employee of the Trump Organization.
            (4) Executive department.--The term ``Executive 
        department'' has the meaning given the term in section 101 of 
        title 5, United States Code.

  Subtitle E--Relatives In Government Getting Employment Dishonorably

SEC. 141. SHORT TITLE.

    This subtitle may be cited as the ``Relatives In Government Getting 
Employment Dishonorably Act'' or the ``RIGGED Act''.

SEC. 142. EMPLOYMENT OF RELATIVES; RESTRICTIONS.

    (a) In General.--Section 3110 of title 5, United States Code, is 
amended--
            (1) in subsection (a)--
                    (A) in paragraph (1)(A) by inserting ``, including 
                the White House Office and the Executive Office of the 
                President'' after ``Executive agency'';
                    (B) by redesignating paragraphs (2) and (3) as 
                paragraphs (3) and (4), respectively; and
                    (C) by inserting after paragraph (1) the following:
            ``(2) `civilian position' means any existing or newly 
        created position in an agency, including a position acting in a 
        professional or official capacity as a consultant or advisor, 
        regardless of whether such position is voluntary, gratuitous, 
        or authorized by law to be compensated;'';
            (2) in subsection (b), by striking ``A public official may 
        not'' and inserting ``Notwithstanding any other provision of 
        law, a public official may not''; and
            (3) in subsection (c)--
                    (A) by inserting ``shall be removed immediately 
                and'' after ``in violation of this section''; and
                    (B) by striking ``as pay'' and inserting ``as 
                salary or expenses''.
    (b) Application of Prohibited Personnel Practices.--Section 
2302(a)(2)(C) of title 5, United States Code, is amended by inserting 
``, including the White House Office,'' after ``Executive agency''.

 Subtitle F--Determining if Regulatory Actions are in the Interest of 
                        the Nation or the Swamp

SEC. 151. SHORT TITLE.

    This subtitle may be cited as the ``Determining if Regulatory 
Actions are in the Interest of the Nation or the Swamp Act of 2018'' or 
the ``DRAIN the Swamp Act of 2018''.

SEC. 152. REQUIRING GREATER TRANSPARENCY FOR REGULATORY CONFLICTS OF 
              INTEREST.

    (a) In General.--Part I of title 5, United States Code, is amended 
by inserting after chapter 6, the following new chapter:

    ``CHAPTER 6A--PUBLICATION OF INFORMATION RELATING TO REGULATORY 
                         CONFLICTS OF INTEREST

``621. Definitions.
``622. Agency submission to Comptroller General.
``Sec. 621. Definitions
    ``In this chapter:
            ``(1) Agency; rule; rule making.--The terms `agency', 
        `rule', and `rule making' have the meanings given those terms 
        in section 551.
            ``(2) Major rule.--The term `major rule' has the meaning 
        given that term in section 804.
            ``(3) Regulatory conflict of interest.--The term 
        `regulatory conflict of interest' means a major rule that has a 
        substantial pecuniary benefit to a covered person.
            ``(4) Covered person.--The term `covered person' means the 
        President, senior advisors to the President, including special 
        advisors that do not receive an official salary, the head of 
        the agency issuing the rule, the Director of the Office of 
        Management and Budget, the Administrator of the Office of 
        Information and Regulatory Affairs, or any individual who 
        serves on a Regulatory Reform Task Force established by section 
        3 of Executive Order 13777.
``Sec. 622. Agency submission to Comptroller General
    ``(a) Regulatory Conflicts of Interest.--Not later than September 
30 of each fiscal year, the head of each agency shall submit to the 
Comptroller General of the United States in such a manner as the 
Comptroller General may reasonably require, for each major rule that 
the agency proposes or finalizes during that fiscal year, an assessment 
and quantification of any regulatory conflict of interest pertaining to 
that major rule.
    ``(b) Exception.--Nothing in this chapter shall apply to any rule 
that an agency for good cause finds (and incorporates the finding and a 
brief statement of each reason therefor in the rule issued) that notice 
and public procedure thereon are impracticable, unnecessary, or 
contrary to the public interest.
    ``(c) Major Rules.--Before a major rule may take effect, the head 
of the agency promulgating such rule shall submit to the Comptroller 
General and publish in the Federal Register the report required 
pursuant to subsection (a).''.
    (b) Clerical Amendment.--The table of chapters for part I of title 
5, United States Code, is amended by inserting after the item relating 
to chapter 6, the following new item:

``6A. Publication of Information Relating to Regulatory          621''.
                            Conflicts of Interest.

SEC. 153. ACUS STUDY AND REPORT ON REGULATORY CONFLICTS OF INTEREST.

    (a) In General.--The Administrative Conference of the United States 
shall conduct a study on--
            (1) compliance by agencies with this subtitle and the 
        amendments made by this subtitle; and
            (2) effective measures to minimize regulatory conflicts of 
        interest (as that term is defined in section 621(3) of title 5, 
        United States Code, as added by section 152(a)).
    (b) Report.--Not later than 1 year after the date of the enactment 
of this Act, the Administrative Conference of the United States shall 
submit to Congress a report that contains the findings of the study 
conducted under subsection (a).

SEC. 154. JUDICIAL REVIEW.

    (a) Agency Statements on Regulatory Conflicts of Interest.--
            (1) In general.--Compliance or noncompliance by any agency 
        with the provisions of chapter 6A of title 5, United States 
        Code, as added by section 152(a), shall be subject to judicial 
        review only in accordance with this section.
            (2) Limited review of agency compliance or noncompliance.--
                    (A) In general.--Agency compliance or noncompliance 
                with the provisions of chapter 6A of title 5, United 
                States Code, as added by section 152(a), shall be 
                subject to judicial review only under section 706(1) of 
                title 5, United States Code, and only as provided under 
                subparagraph (B).
                    (B) Failure to prepare written statement.--If an 
                agency fails to prepare the written statement 
                (including the preparation of the estimates, analyses, 
                statements, or descriptions) under such chapter, a 
                court may compel the agency to prepare such written 
                statement.
            (3) Review of agency rules.--In any judicial review under 
        any other Federal law of an agency rule for which a written 
        statement is required under such chapter 6A, the inadequacy or 
        failure to prepare such statement shall not be used as a basis 
        for staying, enjoining, invalidating or otherwise affecting 
        such agency rule.
            (4) Certain information as part of record.--Any information 
        generated under such chapter 6A that is part of the rule making 
        record for judicial review under the provisions of any other 
        Federal law may be considered as part of the record for 
        judicial review conducted under such other provisions of 
        Federal law.
            (5) Application of other federal law.--For any petition 
        under paragraph (2) the provisions of such other Federal law 
        shall control all other matters, such as exhaustion of 
        administrative remedies, the time for and manner of seeking 
        review and venue, except that if such other Federal law does 
        not provide a limitation on the time for filing a petition for 
        judicial review that is less than 1 year, such limitation shall 
        be 1 year after a final rule is promulgated by the appropriate 
        agency.
    (b) Judicial Review and Rule of Construction.--Except as provided 
in subsection (a)--
            (1) any information submitted under this section shall not 
        be subject to judicial review; and
            (2) no provision of this subtitle shall be construed to 
        create any right or benefit, substantive or procedural, 
        enforceable by any person in any administrative or judicial 
        action.

SEC. 155. EFFECTIVE DATE.

    This subtitle shall take effect beginning on the date of the 
enactment of this Act and shall apply to any agency rule for which a 
general notice of proposed rule making is made on or after such date.

              TITLE II--ROOTING OUT CONFLICTS OF INTEREST

    Subtitle A--Commonsense Legislation Ensuring Accountability by 
          Reporting Access of Non-Cleared Employees to Secrets

SEC. 201. SHORT TITLE.

    This subtitle may be cited as the ``Commonsense Legislation 
Ensuring Accountability by Reporting Access of Non-Cleared Employees to 
Secrets Act'' or the ``CLEARANCES Act''.

SEC. 202. REPORT ON SECURITY CLEARANCES FOR INDIVIDUALS WORKING IN THE 
              WHITE HOUSE AND EXECUTIVE OFFICE OF THE PRESIDENT.

    (a) In General.--Subpart I of part III of title 5, United States 
Code, is amended by adding after section 10106 the following:

                   ``CHAPTER 102--SECURITY CLEARANCES

``Sec.
``10201. Report on individuals working in the White House and Executive 
                            Office of the President.
``Sec. 10201. Report on individuals working in the White House and 
              Executive Office of the President
    ``(a) In General.--Not later than 3 months after the date of the 
enactment of this section and every 3 months thereafter, the President 
shall submit a report to the appropriate congressional committees on 
security clearance information on any individual working in the White 
House or the Executive Office of the President, including--
            ``(1) the President's staff or any other individual in the 
        White House or Office whose function is to advise or assist the 
        President; and
            ``(2) any individual who is detailed from the Government, a 
        university, a think tank, or the private sector to the White 
        House or the Office.
    ``(b) Report Requirements.--A report submitted under subsection (a) 
shall include the following:
            ``(1) The name and position of any individual working in 
        the White House or the Office and who holds a security 
        clearance.
            ``(2) With respect to any detailee, the entity or agency 
        from which the individual was detailed from.
            ``(3) With respect to any clearance listed pursuant to 
        paragraph (1)--
                    ``(A) whether the clearance is temporary or 
                permanent and level of the clearance;
                    ``(B) the date the background investigation was 
                initiated and the date of adjudication (if any); and
                    ``(C) the date of any interim reports or 
                notifications from the investigating agency.
            ``(4) The name and position of any individual working in 
        the White House or the Office who was granted a security 
        clearance by the President or other authorizing personnel 
        despite an unfavorable recommendation from the White House 
        Security Office or an agency, and the date the decision was 
        made to grant the clearance.
            ``(5) The name and position of any individual not contained 
        in any list above whom the President has provided access to 
        classified information, the date the information was so 
        provided, and the level of classification of the information.
            ``(6) The name and position of any individual working in 
        the White House or Office--
                    ``(A) whose security clearance has been revoked or 
                suspended and the date of such revocation or 
                suspension; or
                    ``(B) who held an interim security clearance for a 
                period longer than one year, and a justification from 
                the White House Counsel as to why it is in the national 
                security interest of the United States to keep the 
                employee in the position without a permanent security 
                clearance.
    ``(c) Definitions.--In this section--
            ``(1) the term `appropriate congressional committees' 
        means--
                    ``(A) the Permanent Select Committee on 
                Intelligence and the Committees on Oversight and 
                Government Reform and the Judiciary of the House of 
                Representatives; and
                    ``(B) the Select Committee on Intelligence and the 
                Committees on Homeland Security and Governmental 
                Affairs and the Judiciary of the Senate; and
            ``(2) the term `Office' means the Executive Office of the 
        President.''.
    (b) Clerical Amendment.--The table of chapters for such title is 
amended by adding after the item relating to chapter 101 the following:

``102. Security Clearances..................................   10201''.

   Subtitle B--Divestiture of Certain Financial Interests of Federal 
                   Officers and Employees and Spouses

SEC. 211. DIVESTITURE OF CERTAIN FINANCIAL INTERESTS OF FEDERAL 
              OFFICERS AND EMPLOYEES AND SPOUSES.

    (a) Definitions.--In this section--
            (1) the term ``covered significant business interest''--
                    (A) means any financial interest of a covered 
                officer or employee in a corporation, company, 
                association, firm, partnership, proprietorship, or any 
                other business entity of which the covered officer or 
                employee is--
                            (i) a trustee;
                            (ii) a partner;
                            (iii) an officer;
                            (iv) a director; or
                            (v) a shareholder who holds more than 10 
                        percent of any class of equity securities; and
                    (B) does not include any financial interest 
                consisting of obligations issued by the Treasury, 
                diversified mutual funds that qualify for a regulatory 
                exemption, or residential property that is not held for 
                the production of rental or other income;
            (2) the terms ``conflict-free holding'' and ``qualified 
        blind trust'' have the meanings given those terms in sections 
        102(f)(3) and 102(f)(8), respectively, of the Ethics in 
        Government Act of 1978 (5 U.S.C. App.); and
            (3) the term ``covered officer or employee'' means--
                    (A) any individual occupying a position--
                            (i) listed under the Executive Schedule 
                        (subchapter II of chapter 53 of title 5, United 
                        States Code);
                            (ii) in the Senior Executive Service as a 
                        noncareer appointee (as that term is defined in 
                        section 3132(a) if such title);
                            (iii) of a confidential or policy-
                        determining character under schedule C of 
                        subpart C of part 213 of title 5, Code of 
                        Federal Regulations; or
                            (iv) in the executive branch whose 
                        appointment is made by the President, by and 
                        with the advice and consent of the Senate; and
                    (B) any individual occupying any of the following 
                positions:
                            (i) Assistant to the President for National 
                        Security Affairs.
                            (ii) Assistant to the President and Chief 
                        of Staff.
                            (iii) Assistant to the President and Deputy 
                        Chief of Staff.
                            (iv) Assistant to the President and Deputy 
                        Chief of Staff for Communications (or Director 
                        of Communications).
                            (v) Assistant to the President and Press 
                        Secretary.
                            (vi) Senior Advisor to the President.
                            (vii) Assistant to the President and Staff 
                        Secretary.
                            (viii) Assistant to the President for 
                        Homeland Security and Counterterrorism.
                            (ix) Assistant to the President and 
                        Counselor to the President.
                            (x) Director of the National Economic 
                        Council.
                            (xi) Director of the Domestic Policy 
                        Council.
                            (xii) Assistant to the President and Chief 
                        of Staff or Deputy Chief of Staff to the Vice 
                        President.
                            (xiii) Special Assistant to the President 
                        and Director of Communications for the Vice 
                        President.
                            (xiv) Press Secretary to the Vice 
                        President.
                            (xv) Senior Advisor to the Vice President.
                            (xvi) Deputy Assistant to the President and 
                        National Security Advisor or Deputy National 
                        Security Advisor to the Vice President.
                            (xvii) Deputy Assistant to the President 
                        and Counselor to the Vice President.
                            (xviii) Assistant to the President and 
                        White House Counsel.
    (b) Divestiture of Covered Significant Business Interest.--
            (1) In general.--A covered officer or employee or the 
        spouse of any such an officer or employee shall divest of any 
        covered significant business interest by transferring such 
        interest to a qualified blind trust.
            (2) Trustee duties.--Within a reasonable period of time 
        after the date a covered significant business interest is 
        transferred to a qualified blind trust under paragraph (1), the 
        trustee of the qualified blind trust shall--
                    (A) sell the interest; and
                    (B) use the proceeds of the sale of the interest to 
                purchase conflict-free holdings.
    (c) Enforcement.--The Attorney General, the attorney general of any 
State, or any person aggrieved by any violation of subsection (b) may 
seek declaratory or injunctive relief in a court of competent 
jurisdiction if there is probable cause to believe that a covered 
officer or employee or the spouse of such an officer or employee has 
not complied with such subsection.

               Subtitle C--Presidential Tax Transparency

SEC. 221. SHORT TITLE.

    This subtitle may be cited as the ``Presidential Tax Transparency 
Act''.

SEC. 222. DISCLOSURE OF TAX RETURNS BY PRESIDENTS AND CERTAIN 
              PRESIDENTIAL CANDIDATES.

    (a) In General.--Title I of the Ethics in Government Act of 1978 (5 
U.S.C. App.) is amended--
            (1) by inserting after section 102 the following:

``SEC. 102A. DISCLOSURE OF TAX RETURNS.

    ``(a) Definitions.--In this section--
            ``(1) the term `covered candidate' means an individual--
                    ``(A) required to file a report under section 
                101(c); and
                    ``(B) who is nominated by a major party as a 
                candidate for the office of President;
            ``(2) the term `covered individual' means--
                    ``(A) a President required to file a report under 
                subsection (a) or (d) of section 101; and
                    ``(B) an individual who occupies the office of the 
                President required to file a report under section 
                101(e);
            ``(3) the term `major party' has the meaning given the term 
        in section 9002 of the Internal Revenue Code of 1986; and
            ``(4) the term `income tax return' means, with respect to 
        any covered candidate or covered individual, any return (within 
        the meaning of section 6103(b) of the Internal Revenue Code of 
        1986) related to Federal income taxes, but does not include--
                    ``(A) information returns issued to persons other 
                than such covered candidate or covered individual; and
                    ``(B) declarations of estimated tax.
    ``(b) Disclosure.--
            ``(1) Covered individuals.--
                    ``(A) In general.--In addition to the information 
                described in subsections (a) and (b) of section 102, a 
                covered individual shall include in each report 
                required to be filed under this title a copy of the 
                income tax returns of the covered individual for the 3 
                most recent taxable years for which a return has been 
                filed with the Internal Revenue Service as of the date 
                on which the report is filed.
                    ``(B) Failure to disclose.--If an income tax return 
                is not disclosed under subparagraph (A), the Director 
                of the Office of Government Ethics shall submit to the 
                Secretary of the Treasury a request that the Secretary 
                of the Treasury provide the Director of the Office of 
                Government Ethics with a copy of the income tax return.
                    ``(C) Publicly available.--Each income tax return 
                submitted under this paragraph shall be filed with the 
                Director of the Office of Government Ethics and made 
                publicly available in the same manner as the 
                information described in subsections (a) and (b) of 
                section 102.
                    ``(D) Redaction of certain information.--Before 
                making any income tax return submitted under this 
                paragraph available to the public, the Director of the 
                Office of Government Ethics shall redact such 
                information as the Director of the Office of Government 
                Ethics, in consultation with the Secretary of the 
                Treasury (or a delegate of the Secretary), determines 
                appropriate.
            ``(2) Candidates.--
                    ``(A) In general.--Not later than 15 days after the 
                date on which a covered candidate is nominated, the 
                covered candidate shall amend the report filed by the 
                covered candidate under section 101(c) with the Federal 
                Election Commission to include a copy of the income tax 
                returns of the covered candidate for the 3 most recent 
                taxable years for which a return has been filed with 
                the Internal Revenue Service.
                    ``(B) Failure to disclose.--If an income tax return 
                is not disclosed under subparagraph (A) the Federal 
                Election Commission shall submit to the Secretary of 
                the Treasury a request that the Secretary of the 
                Treasury provide the Federal Election Commission with 
                the income tax return.
                    ``(C) Publicly available.--Each income tax return 
                submitted under this paragraph shall be filed with the 
                Federal Election Commission and made publicly available 
                in the same manner as the information described in 
                section 102(b).
                    ``(D) Redaction of certain information.--Before 
                making any income tax return submitted under this 
                paragraph available to the public, the Federal Election 
                Commission shall redact such information as the Federal 
                Election Commission, in consultation with the Secretary 
                of the Treasury (or a delegate of the Secretary) and 
                the Director of the Office of Government Ethics, 
                determines appropriate.
            ``(3) Special rule for sitting presidents.--Not later than 
        30 days after the date of the enactment of this section, the 
        President shall submit to the Director of the Office of 
        Government Ethics a copy of the income tax returns described in 
        paragraph (1)(A).''; and
            (2) in section 104--
                    (A) in subsection (a)--
                            (i) in paragraph (1), in the first 
                        sentence, by inserting ``or any individual who 
                        knowingly and willfully falsifies or who 
                        knowingly and willfully fails to file an income 
                        tax return that such individual is required to 
                        disclose pursuant to section 102A'' before the 
                        period; and
                            (ii) in paragraph (2)(A)--
                                    (I) in clause (i), by inserting 
                                ``or falsify any income tax return that 
                                such person is required to disclose 
                                under section 102A'' before the 
                                semicolon; and
                                    (II) in clause (ii), by inserting 
                                ``or fail to file any income tax return 
                                that such person is required to 
                                disclose under section 102A'' before 
                                the period;
                    (B) in subsection (b), in the first sentence by 
                inserting ``or willfully failed to file or has 
                willfully falsified an income tax return required to be 
                disclosed under section 102A'' before the period;
                    (C) in subsection (c), by inserting ``or failing to 
                file or falsifying an income tax return required to be 
                disclosed under section 102A'' before the period; and
                    (D) in subsection (d)(1)--
                            (i) in the matter preceding subparagraph 
                        (A), by inserting ``or files an income tax 
                        return required to be disclosed under section 
                        102A'' after ``title''; and
                            (ii) in subparagraph (A), by inserting ``or 
                        such income tax return, as applicable,'' after 
                        ``report''.
    (b) Authority To Disclose Information.--
            (1) In general.--Section 6103(l) of the Internal Revenue 
        Code of 1986 is amended by adding at the end the following new 
        paragraph:
            ``(23) Disclosure of return information of presidents and 
        certain presidential candidates.--
                    ``(A) Disclosure of returns of presidents.--
                            ``(i) In general.--The Secretary shall, 
                        upon written request from the Director of the 
                        Office of Government Ethics pursuant to section 
                        102A(b)(1)(B) of the Ethics in Government Act 
                        of 1978, provide to officers and employees of 
                        the Office of Government Ethics a copy of any 
                        income tax return of the President which is 
                        required to be filed under section 102A of such 
                        Act.
                            ``(ii) Disclosure to public.--The Director 
                        of the Office of Government Ethics may disclose 
                        to the public the income tax return of any 
                        President which is required to be filed with 
                        the Director pursuant to section 102A of the 
                        Ethics in Government Act of 1978.
                    ``(B) Disclosure of returns of certain candidates 
                for president.--
                            ``(i) In general.--The Secretary shall, 
                        upon written request from the Chairman of the 
                        Federal Election Commission pursuant to section 
                        102A(b)(2)(B) of the Ethics in Government Act 
                        of 1978, provide to officers and employees of 
                        the Federal Election Commission copies of the 
                        applicable returns of any person who has been 
                        nominated as a candidate of a major party (as 
                        defined in section 9002(a)) for the office of 
                        President.
                            ``(ii) Disclosure to public.--The Federal 
                        Election Commission may disclose to the public 
                        applicable returns of any person who has been 
                        nominated as a candidate of a major party (as 
                        defined in section 9002(6)) for the office of 
                        President and which is required to be filed 
                        with the Commission pursuant to section 102A of 
                        the Ethics in Government Act.
                    ``(C) Applicable returns.--For purposes of this 
                paragraph, the term `applicable returns' means, with 
                respect to any candidate for the office of President, 
                income tax returns for the 3 most recent taxable years 
                for which a return has been filed as of the date of the 
                nomination.''.
            (2) Conforming amendments.--Section 6103(p)(4) of such 
        Code, in the matter preceding subparagraph (A) and in 
        subparagraph (F)(ii), is amended by striking ``or (22)'' and 
        inserting ``(22), or (23)'' each place it appears.

                   Subtitle D--White House Open Data

SEC. 231. SHORT TITLE.

    This subtitle may be cited as the ``White House Open Data Act''.

SEC. 232. WHITE HOUSE VISITOR LOG AND EMPLOYEE INFORMATION.

    (a) Requirement To Publish.--Except as provided in subsection (b), 
not later than 90 days after the date of the enactment of this Act, the 
Executive Office of the President shall make available on a publicly 
available website in an easily searchable and downloadable format the 
following information:
            (1) Visitor records for any location where the President or 
        Vice President regularly conducts official business, which 
        shall--
                    (A) include the name of each visitor, the name of 
                each individual with whom the visitor met, and the 
                purpose of the visit; and
                    (B) shall be updated every 30 days.
            (2) The annual salary of each White House employee, which 
        shall be updated quarterly.
            (3) The most recent financial disclosure statement for each 
        White House employee filed pursuant to the Ethics in Government 
        Act of 1978 (5 U.S.C. App.), which shall be updated annually.
    (b) Exceptions.--Except as provided in subsection (c)(3), the 
requirement described in subsection (a) does not apply to any visitor 
record that relates to--
            (1) the social security number, taxpayer identification 
        number, birth date, home address, or personal phone number of 
        an individual, the name of an individual who is less than 18 
        years old, or a financial account number;
            (2) a law enforcement concern;
            (3) a national security threat;
            (4) the personal safety of an employee of the Executive 
        Office of the President; or
            (5) personal visits that do not involve any official or 
        political business.
    (c) Records Withheld.--With respect to a visitor record excepted 
under subsection (b), the Executive Office of the President shall--
            (1) disclose the number of records withheld every 30 days;
            (2) post any such excepted record on the website described 
        under subsection (a) if the Executive Office of the President 
        determines that the record is no longer subject to an exception 
        described in subsection (b); and
            (3) notwithstanding subsection (b), post any reasonably 
        segregable portion that is not covered by an exception 
        described in subsection (b) of any such excepted record on the 
        website described under subsection (a).

   Subtitle E--Prohibitions on Making Certain Contracts with Federal 
                 Government or receiving Federal funds

SEC. 241. PROHIBITIONS ON MAKING CERTAIN CONTRACTS WITH FEDERAL 
              GOVERNMENT OR RECEIVING FEDERAL FUNDS.

    (a) Contracts With Federal Government.--
            (1) Prohibition.--The following may not enter into or 
        benefit from a contract or agreement with the Federal 
        Government, or any part thereof:
                    (A) The President.
                    (B) The Vice President.
                    (C) An immediate family member of the President.
                    (D) An immediate family member of the Vice 
                President.
                    (E) A covered significant business interest.
            (2) Exception.--Paragraph (1) does not apply to the 
        following:
                    (A) A contract or agreement with the Federal 
                Government entered into or negotiated before or after 
                the period in which the President or the Vice 
                President, as applicable, serves in office.
                    (B) A contract for employment with the Federal 
                Government or a contract for service in the Armed 
                Forces, or any benefits provided under such employment 
                or service.
    (b) Receipt of Federal Funds.--
            (1) Prohibition.--Except as provided in paragraph (2), the 
        Federal Government may not obligate or expend Federal funds 
        with the President, the Vice President, or a covered 
        significant business interest.
            (2) Exceptions.--
                    (A) Entitlements.--The Federal Government may 
                obligate or expend Federal funds the President or the 
                Vice President is entitled to by law for discharging an 
                official duty, including annual salary.
                    (B) Obligations.--Paragraph (1) does not apply to 
                Federal funds obligated or expended before or after the 
                period in which the President or the Vice President, as 
                applicable, serves in office.
    (c) Rule of Construction.--Nothing in this Act may be construed to 
limit any payment to the President, the Vice President, an immediate 
family member of the President or Vice President, or covered 
significant business interest of any Federal benefit for which the 
President, the Vice President, an immediate family member of the 
President or Vice President, or covered significant business interest 
would otherwise be eligible.
    (d) Definitions.--In this section:
            (1) Contract or agreement with federal government.--The 
        term ``contract or agreement with the Federal Government'' 
        means a procurement contract or grant, a land use contract, or 
        a lease created, funded, or controlled by the Federal 
        Government, respectively.
            (2) Covered significant business interest.--The term 
        ``covered significant business interest'' means any 
        corporation, company, association, firm, partnership, 
        proprietorship, or any other business entity of which the 
        President, the Vice President, an immediate family member of 
        the President, or an immediate family member of the Vice 
        President is--
                    (A) a trustee;
                    (B) a partner;
                    (C) an officer;
                    (D) a director; or
                    (E) a shareholder who holds more than 10 percent of 
                any class of equity securities.
            (3) Immediate family member.--The term ``immediate family 
        member'' means a spouse, parent, sibling, child, or dependent 
        relative.
    (e) Application.--
            (1) Contract or agreement with federal government.--The 
        prohibition under subsection (a)(1) applies to contracts or 
        agreements with the Federal Government entered into, revised, 
        or renewed after the date of the enactment of this Act.
            (2) Federal funds.--The prohibition under subsection (a)(2) 
        applies to Federal funds obligated after the date of the 
        enactment of this Act.

 TITLE III--INCREASED OVERSIGHT AND STRENGTHENING AGENCIES RESPONSIBLE 
                       FOR ROOTING OUT CORRUPTION

SEC. 301. CONGRESSIONAL NOTIFICATION OF CHANGE IN STATUS OF INSPECTOR 
              GENERAL.

    (a) Change in Status of Inspector General of Offices.--Section 3(b) 
of the Inspector General Act of 1978 (5 U.S.C. App.) is amended--
            (1) by inserting ``, is placed on paid or unpaid non-duty 
        status,'' after ``is removed from office'';
            (2) by inserting ``, change in status,'' after ``any such 
        removal''; and
            (3) by inserting ``, change in status,'' after ``before the 
        removal''.
    (b) Change in Status of Inspector General of Designated Federal 
Entities.--Section 8G(e)(2) of the Inspector General Act of 1978 (5 
U.S.C. App.) is amended--
            (1) by inserting ``, is placed on paid or unpaid non-duty 
        status,'' after ``office'';
            (2) by inserting ``, change in status,'' after ``any such 
        removal''; and
            (3) by inserting ``, change in status,'' after ``before the 
        removal''.
    (c) Effective Date.--The amendments made by this section shall take 
effect 30 days after the date of the enactment of this Act.

SEC. 302. PRESIDENTIAL EXPLANATION OF FAILURE TO NOMINATE AN INSPECTOR 
              GENERAL.

    (a) In General.--Subchapter III of chapter 33 of title 5, United 
States Code, is amended by inserting after section 3349d the following 
new section:
``Sec. 3349e. Presidential explanation of failure to nominate an 
              Inspector General
    ``If the President fails to make a formal nomination for a vacant 
Inspector General position within the period beginning on the date on 
which the vacancy occurred and ending on the day that is 210 days after 
that date, the President shall communicate, within 30 days after the 
end of such period, to Congress in writing --
            ``(1) the reasons why the President has not yet made a 
        formal nomination; and
            ``(2) a target date for making a formal nomination.''.
    (b) Clerical Amendment.--The table of sections for chapter 33 of 
title 5, United States Code, is amended by inserting after the item 
relating to 3349d the following new item:

``3349e. Presidential explanation of failure to nominate an Inspector 
                            General.''.
    (c) Effective Date.--The amendment made by subsection (a) shall 
take effect on the date of the enactment of this Act and shall apply to 
any vacancy first occurring on or after that date.
                                 <all>