[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1028 Introduced in House (IH)]
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116th CONGRESS
1st Session
H. R. 1028
To reform certain ethics rules of the Federal Government, and for other
purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
February 6, 2019
Ms. Speier introduced the following bill; which was referred to the
Committee on Oversight and Reform, and in addition to the Committees on
House Administration, and Ways and Means, for a period to be
subsequently determined by the Speaker, in each case for consideration
of such provisions as fall within the jurisdiction of the committee
concerned
_______________________________________________________________________
A BILL
To reform certain ethics rules of the Federal Government, and for other
purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Restoring Integrity, Governance,
Honesty, and Transparency Act of 2019'' or the ``RIGHT Act of 2019''.
SEC. 2. AMENDMENTS TO THE ETHICS IN GOVERNMENT ACT OF 1978.
(a) References.--Except as otherwise expressly provided, whenever
in this section an amendment or repeal is expressed in terms of an
amendment to, or repeal of, a section or other provision, the reference
shall be considered to be made to a section or other provision of the
Ethics in Government Act of 1978 (5 U.S.C. App 101 et seq.).
(b) Disclosure of Tax Returns of Candidates for the Office of
President and Vice President.--
(1) In general.--Section 102 is amended by adding at the
end the following:
``(j)(1) Any report filed pursuant to section 101(c) by an
individual who is a candidate for the office of President or Vice
President shall include the individual's return of Federal income tax
for the taxable year ending in or with the applicable calendar year
covered by such report and such returns for the previous nineteen
taxable years.
``(2) If any person covered by paragraph (1) files the return for
such taxable year with the Internal Revenue Service after the due date
for such report, such return shall be submitted (in the same manner as
such a report) not later than 30 days after such return was so filed.
``(3)(A) The Secretary of the Treasury, in consultation with the
Director of the Office of Government Ethics, may issue regulations
authorizing the redaction of personal information as the Secretary
deems necessary to prevent identity theft or physical danger from
disclosure of tax returns required under subsection (a).
``(B) Any redaction made in accordance with the regulations issued
under subparagraph (A) shall be the sole and exclusive responsibility
of the individual who filed the return, except that the Director may
order the filer to remove any redaction the Director determines to be
unauthorized.''.
(2) Disclosure permitted.--Section 6103(i) of the Internal
Revenue Code of 1986 is amended by adding at the end the
following new paragraph:
``(9) Disclosure of tax returns under the ethics in
government act of 1978.--The Director of the Office of
Government Ethics may publically disclose returns described in
section 102(j) of the Ethics in Government Act of 1978 (Public
Law 95-521; 5 U.S.C. App. 102(j)) to the extent such returns
are required to be made available pursuant to such section.''.
(3) Application.--The amendment made by--
(A) paragraph (1) shall apply to any individual who
becomes a candidate for the office, or assumes the
office, of President or Vice President, after the date
of enactment of this Act; and
(B) paragraph (2) shall apply to disclosures made
after the date of the enactment of this Act.
(c) Disclosure of Donations to Legal Defense Funds.--Section 102 is
further amended by adding at the end the following:
``(k)(1) Except as provided in paragraphs (2) and (3), each report
filed pursuant to section 101 (d) and (e) shall include the following
information regarding each contribution or reimbursement made, during
the preceding calendar year, by any source for the purpose of paying on
behalf of the reporting individual, or for the purpose of reimbursing
the reporting individual or any other person for the payment of, a fee
for legal services or a related expense incurred at the time when the
reporting individual was an officer or employee of the Federal
Government:
``(A) The identity of the source of the contribution or
reimbursement, including:
``(i) a trust or other financial arrangement;
``(ii) a person who made the contribution or
reimbursement on behalf of another; or
``(iii) any other source.
``(B) The identity of each person who provided the source
with cash or a thing of value to be applied in support of the
contribution or reimbursement.
``(C) The value of the contribution or reimbursement.
``(D) The date of the contribution or reimbursement.
``(E) If the contribution or reimbursement was a thing of
value other than cash, a brief description of the thing of
value.
``(2) The disclosure requirement pursuant to paragraph (1) shall
apply only to contributions and reimbursements aggregating more than
the minimal value as established by section 7342(a)(5) of title 5,
United States Code, or $250, whichever is greater, made during the
preceding calendar year.
``(3) The disclosure requirement pursuant to paragraph (1) shall
not apply to--
``(A) a contribution or reimbursement from a relative of
the reporting individual, unless the relative received, or has
an arrangement to receive, cash or a thing of value to be
applied in support of the contribution or reimbursement;
``(B) a contribution or reimbursement made in connection
with a fee for legal services or an expense that is unrelated
to the reporting individual's employment; or
``(C) a reduction or waiver of a fee for legal services by
the provider of the services, unless the provider has received,
or has an arrangement to receive, cash or a thing of value to
be applied in support of the reduction or waiver.
``(4) Nothing in paragraph (3) shall be construed to relieve a
reporting individual of the disclosure requirement set forth at
subsection (a)(2).''.
(d) Increase in Penalty for Failure To File or Filing False
Reports.--Section 104(a)(1) is amended by striking ``$50,000'' and
inserting ``$200,000''.
(e) Clarification of Application to Entire Executive Branch.--Title
IV is amended--
(1) in section 401, by adding at the end the following:
``(d) In this title, the term `executive agency' has the meaning
given that term in section 105 of title 5, United States Code, and
includes the United States Postal Service, the Postal Regulatory
Commission, the Executive Office of the President, the Office of the
Vice President, and the White House.''; and
(2) in section 402(a), by striking ``, as defined in
section 105 of title 5, United States Code.''.
(f) Responsibility of the Director Regarding Gifts.--Section 402(b)
is amended--
(1) in paragraph (14), by striking ``and'' at the end;
(2) in paragraph (15), by striking the period and inserting
``; and''; and
(3) by adding at the end the following:
``(16) make rules, after consultation with the Attorney
General, for the requirements pertaining to acceptance of gifts
by executive branch employees and procedures for compliance
with such requirements.''.
(g) Authority Regarding Regulations.--Section 402 is amended--
(1) in subsection (a), by striking ``, in consultation with
the Office of Personnel Management,''; and
(2) in subsection (b)--
(A) in paragraphs (1), (2), and (12), by striking
``and the Office of Personnel Management'' in each
instance; and
(B) in paragraph (15), by striking ``in
consultation with the Office of Personnel
Management,''.
(h) Limitation on Legal Defense Funds.--
(1) Legal defense funds.--
(A) Not later than 180 days after the date of the
enactment of this Act, the Director of the Office of
Government Ethics shall issue final regulations
regarding the acceptance by any officer or employee of
the executive branch (not including the President or
Vice President) of reimbursement for, or payment of,
legal fees incurred in connection with the employee's
service in the executive branch or in connection with
the employee's participation in, assistance to, or
association with, a presidential campaign or president-
elect transition team.
(B) Such regulations shall prohibit any executive
branch officer or employee covered by subparagraph (A)
from receiving any reimbursement or payment of fees as
described in such subparagraph, except that the
regulations may authorize, to the extent otherwise
permitted by applicable law and regulation (including
regulations under paragraph (16) of section 402(b) of
the Ethics in Government Act of 1978, as added by
subsection (f)(3)), such a reimbursement or payment by
a relative of the officer or employee or by a legal
expense fund approved (in writing) by the Director
that--
(i) exists solely to reimburse or pay the
legal fees of one individual and owes that
individual an exclusive fiduciary duty, with
all unused funds going to charity;
(ii) makes comprehensive disclosure, as
defined by the Director and including the
disclosures required under section 102(f) of
the Ethics in Government Act of 1978 (as added
by subsection (c)), of all receipts and
distributions by the fund; and
(iii) complies with all procedural and
substantive requirements the Director deems
necessary for the protection of the public's
trust in Government and to prevent the
appearance of impropriety.
SEC. 3. AMENDMENTS TO TITLE 5, UNITED STATES CODE.
(a) Assessment of Penalties for Violating Anti-Nepotism Statute.--
Section 3110 of title 5, United States Code, is amended as follows:
(1) In subsection (a)(1)(A), by inserting before the
semicolon the following: ``, including the White House and the
Executive Office of the President''.
(2) By adding at the end the following:
``(f)(1) Any individual who knowingly is appointed or employed in
violation of this section, and the public official who is a relative of
such individual and who appoints, employs, or advocated for appointment
or employment (as the case may be) of such individual, shall each be
subject to a fine of $1,000 for each day the individual is so appointed
or employed, except that--
``(A) in the case of a career employee, the maximum penalty
shall not exceed the employee's pay for the period of the
violation; and
``(B) in the case of a noncareer employee, there shall be
no limit on the liability under this subsection.
``(2) Any individual who is employed in violation of this section
shall not be eligible for access to classified information.''.
(b) Hatch Act Amendments.--
(1) In general.--Section 7326 of title 5, United States
Code, is amended--
(A) by striking ``An employee'' and inserting ``(a)
An employee''; and
(B) by adding at the end the following:
``(b)(1) If the Office of Special Counsel determines that an
employee of the White House or the Executive Office of the President
has violated section 7323 or 7324, the Special Counsel shall submit a
report to the President. The report shall include the recommended
disciplinary action to be taken against the employee.
``(2)(A) On the date a report is received under paragraph (1), the
President shall--
``(i) carry out the proposed disciplinary action contained
in that report against the applicable employee; or
``(ii) decline to carry out the proposed action.
``(B) If the President declines to carry out the proposed action
pursuant to subparagraph (A)(ii), not later than 30 days after
receiving the report the President shall submit (in writing)
notification to the Special Counsel and the chair and ranking member of
the Committee on Oversight and Reform of the House of Representatives
and the Committee on Homeland Security and Governmental Affairs of the
Senate, including a detailed explanation of why the action was not
taken.
``(C) The Special Counsel shall publish the notification received
under subparagraph (B) on the Office's public Internet website''.
(2) Application.--The amendments made by paragraph (1)
shall apply to any violation of section 7323 or 7324 of title
5, United States Code, by an employee of the White House or the
Executive Office of the President occurring after the date of
enactment of this Act.
SEC. 4. DISCLOSURE OF TRAVEL BY SENIOR FEDERAL OFFICIALS.
(a) Regulations.--Not later than 30 days after the date of
enactment of this Act, the Administrator of General Services shall
promulgate regulations to modify the requirements of section 301-70.907
of title 41, Code of Federal Regulations, to require that the report
required under such section--
(1) be submitted on a quarterly basis; and
(2) include, with respect to any instance of travel of a
senior Federal official or non-Federal traveler--
(A) an explanation of the decision to use a
Government aircraft and the type of aircraft used; and
(B) the estimated cost to the Government.
(b) Publication.--The Administrator shall publish any report
submitted under such section on the General Services Administration's
public Internet website.
SEC. 5. LIMITATION ON AVAILABILITY OF FUNDS FOR EXPENSES INCURRED AT
PROPERTY OWNED BY FEDERAL EMPLOYEES.
(a) In General.--In fiscal year 2018 and each fiscal year
thereafter, no Federal funds may be obligated or expended to pay for an
expense incurred at a property owned or operated by any covered
individual or an immediate family member of such individual if the
payment of the expense would result in a net financial benefit for such
individual or an immediate family member of such individual, or any
trust or organization in which the individual or the immediate family
member has a financial interest.
(b) Definitions.--In this section--
(1) the term ``covered individual'' means--
(A) the President;
(B) the Vice President; and
(C) any Federal employee;
(2) the term ``Federal employee'' has the meaning given the
term ``employee'' in section 2105 of title 5, United States
Code, and includes any officer or employee of the United States
Postal Service, the Postal Regulatory Commission, the Executive
Office of the President, or the White House; and
(3) the term ``immediate family member'', with respect to a
covered individual, means--
(A) the spouse of such individual; or
(B) any adult or minor child of such individual.
SEC. 6. PROHIBITION ON DONATIONS BY GOVERNMENT CONTRACTORS TO INAUGURAL
COMMITTEES.
Section 317 of the Federal Election Campaign Act of 1971 (52 U.S.C.
30119) is amended--
(1) by amending the heading to read as follows:
``contributions and other donations by government
contractors'';
(2) in subsection (a)--
(A) in paragraph (1), by inserting ``, or directly
or indirectly to make a donation of money or other
thing of value, or to promise expressly or impliedly to
make any such donation to an Inaugural Committee''
after ``political purpose or use''; and
(B) in paragraph (2), by inserting ``or donation''
after ``contribution''; and
(3) by adding at the end the following new subsection:
``(d) For purposes of this section, the term `Inaugural Committee'
has the meaning given it by section 501 of title 36, United States
Code.''.
SEC. 7. DISCLOSURE OF AND PROHIBITION ON CERTAIN DONATIONS TO INAUGURAL
COMMITTEE.
Section 510(c) of title 36, United States Code is amended by
striking the period at the end and inserting ``or from a government
contractor (as described in section 317(a)(1) of such Act (52 U.S.C.
30119(a)(1)).''.
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