118 HR 8489 IH: Presidential Ethics Reform Act
U.S. House of Representatives
2024-05-22
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EN
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I
118th CONGRESS
2d Session
H. R. 8489
IN THE HOUSE OF REPRESENTATIVES
May 22, 2024
Mr. Comer (for himself and Ms. Porter) introduced the following bill; which was referred to the Committee on Oversight and Accountability
A BILL
To amend title 5, United States Code, to require additional ethics disclosures for the President, Vice President, and their family members, and for other purposes.
1.

Short title
This Act may be cited as the “Presidential Ethics Reform Act”.
2.

Additional reporting requirements for Presidents and Vice Presidents
(a)

Additional ethics reporting requirements for Presidents and Vice Presidents
Section 13103 of title 5, United States Code, is amended—
(1)
by redesignating subsection (i) as subsection (j);
(2)
by inserting after subsection (h) the following new subsection:
“(i)

Additional ethics reports for Presidents and Vice Presidents
(1)

Upon entering
Within 30 days of assuming the office of President or Vice President, an individual shall file a report containing the information described in each of subsections (j) through (m) of section 13104 with respect to the 2 years preceding the assumption of such office.
(2)

Additional annual reports
Any individual who occupies the office of President or Vice President shall file on or before May 15 a report containing, with respect to the prior calendar year for which such individual occupies the office, the information described in each of subsections (j) through (o) of section 13104.
(3)

Post-Departure Reports
(A)

Initial post-departure report
Following the date on which an individual ceases to occupy the office of President or Vice President, such individual shall file a report containing, with respect to the final calendar year during which such individual occupied the office and any applicable partial calendar year immediately preceding such date, the information described in each of subsections (j) through (o) of section 13104—
(i)
on or before the first-occurring May 15 after the full regular term in office of the individual has ended; or
(ii)
within 30 calendar days of the date that such individual ceases to occupy office if such date is prior to the end of their full regular term in office.
(B)

Subsequent post-departure reports
Beginning on the date that is one year after the date on which an individual ceased to occupy the office of President or Vice President and annually thereafter, such individual shall file on or before May 15 a report containing, with respect to the prior year, the information described in each of subsections (j) through (m) of section 13104.
(C)

Duration
The requirement under subparagraph (B) ends on the first-occurring May 15 following the date that is 2 years after the date on which such individual ceased to occupy such office.
(4)

Reports requiring periodic updates
With respect to an individual required to submit a report under paragraphs (1) through (3), such individual shall—
(A)
with respect to subsection (n), submit an addendum to the report required under paragraphs (2) and (3)(A) to the entities under paragraph (5)(A) within 30 days of a new conflict of interest becoming known; and
(B)
with respect to subsection (o), submit an addendum to the report required under paragraphs (2) and (3)(A) to the entities designated under paragraph (5) within 30 days of a relative accompanying such individual on official travel.
(5)

Submission of reports
(A)

In general
Each report or addendum required to be submitted under this subsection shall be submitted to the following entities:
(i)
The Committee on Oversight and Accountability of the House of Representatives.
(ii)
The Judiciary Committee of the Senate.
(iii)
The Director of the Office of Government Ethics to be made publicly available by the Director within 30 days of receipt, in conformity with the requirements under paragraph (6).
(B)

Additional entities
In the case of subsection (o), the report or addendum shall also be submitted to the following:
(i)
The Committee on Armed Services of the House of Representatives.
(ii)
The Permanent Select Committee on Intelligence of the House of Representatives.
(iii)
The Committee on Armed Services of the Senate.
(iv)
The Select Committee on Intelligence of the Senate.
(v)
The Director of the White House Military Office to be made publicly available by the Director within 30 days of receipt, in conformity with the requirements under paragraph (6).
(6)

Availability of reports
The applicable reports under paragraph (5) shall be made publicly available on a website, which may utilize an existing government website, in a manner that—
(A)
allows the public to search, sort, filter, and download reports by the category of additional reports required under this subsection, the filer name or name of the filer’s relative, or a date or the date range of the period covered by the report; and
(B)
is fully compliant with the web design requirements under subsection (a) of section 3 of the 21st Century Integrated Digital Experience Act (44 U.S.C. 3501 note).”; and
(3)
in subsection (j) as redesignated by paragraph (1), by inserting “, except subsection (i),” after “under this section”.
(b)

Contents of additional ethics reports
Section 13104 of title 5, United States Code, is amended by adding at the end the following new subsections:
“(j)

Gifts
Each report filed pursuant to section 13103(i) shall include a full and complete statement with respect to each gift valued at more than $10,000—
(1)
received by such individual during the applicable time period from a relative; and
(2)
received by a relative during the applicable time period.
(k)

Loans
Each report filed pursuant to section 13103(i) shall include a full and complete statement with respect to all loans or loan repayments, including the terms and repayment schedules of each such loan or loan repayment, made during the applicable time period—
(1)
to such individual by a relative; or
(2)
to a relative of such an individual in an amount greater than $10,000, other than commercial loans or repayments thereof, which may include loans that have customary interest rates based on commonly accepted categories of loans and that are evidenced by a written instrument between parties that defines the terms of repayment.
(l)

Foreign payments
(1)
Each report filed pursuant to section 13103(i) shall include a full and complete statement with respect to any payment, transfer, or other item of value received during the applicable time period by such individual or a relative of such individual from a foreign principal or a foreign principal’s agent, representative, employee, or servant.
(2)
In this subsection, the term foreign principal includes—
(A)
a government of a foreign country and a foreign political party;
(B)
a person outside of the United States, unless it is established that such person is an individual and a citizen of and domiciled within the United States, or that such person is not an individual and is organized under or created by the laws of the United States or of any State or other place subject to the jurisdiction of the United States and has its principal place of business within the United States; and
(C)
a partnership, association, corporation, organization or other combination of persons organized under the laws of or having its principal place of business in a foreign country.
(m)

Federal income tax returns
(1)

In general
Each report filed pursuant to section 13103(i) shall include a copy of each applicable Federal income tax return with respect to the reporting individual for any taxable year which ends in or with the time period covered by such report. In the case of any such income tax return which is not filed with the Internal Revenue Service before the date on which such report is filed, such return shall be submitted under section 13103(i) not later than 30 days after the date that such income tax return is filed with the Internal Revenue Service.
(2)

Confidentiality
Before making publicly available any income tax return under this subchapter, the Director of the Office of Government Ethics shall redact such information as the Director determines is necessary for protecting against identity theft, such as social security numbers.
(3)

Applicable Federal income tax return
For purposes of this subsection, the term applicable Federal income tax return means any Federal income tax return of—
(A)
a reporting individual;
(B)
an individual who is married (within the meaning of section 7703(a) of the Internal Revenue Code of 1986) to a reporting individual for the taxable year to which such return relates;
(C)
any corporation or partnership which is controlled by any individual described in subparagraph (A) or (B) at any time during the taxable year to which such return relates;
(D)
the estate of any person described in (A) or (B) or any estate with respect to which any person described in subparagraph (A), (B), or (C) is an executor, or beneficiary at any time during the taxable year to which such return relates; and
(E)
any trust with respect to which any person described in subparagraph (A), (B), (C), or (D) is a grantor, fiduciary or beneficiary, or for which another trust described in this subparagraph is a grantor or beneficiary, at any time during the taxable year to which such return relates.
Such term shall include any schedule, attachment, or other document filed with such return.
(4)

Control
For purposes of paragraph (3)(C)—
(A)

In general
Except as otherwise provided in this paragraph, control shall be determined under the rules of paragraphs (2) and (3) of section 6038(e) of the Internal Revenue Code of 1986 (determined without regard to subparagraphs (A) and (B) of such paragraph (2) and without regard to subparagraph (C) of paragraph (3) thereof).
(B)

Restriction on family attribution
(i)

In general
Except as provided in clause (ii), for purposes of applying subparagraph (A)—
(I)
section 318 of the Internal Revenue Code of 1986 shall be applied without regard to subsection (a)(1)(A)(ii) thereof; and
(II)
section 267(c) of the Internal Revenue Code of 1986 shall be applied by treating the family of an individual as including only such individual’s spouse (in lieu of the application of paragraph (4) thereof).
(ii)

Exception for recent transfer to family members
For purposes of determining whether any corporation or partnership is controlled by a reporting individual under paragraph (3)(C) for any taxable year, clause (i) shall not apply if such corporation or partnership was controlled by such reporting individual (after application of clause (i)) at any time during the 4 immediately preceding taxable years.
(5)

Application to amended returns
For purposes of this paragraph (1), any amendment or supplement to a return of tax shall be treated as for the taxable year to which the underlying return relates.
(n)

Conflicts of interest
(1)

In general
Each report filed pursuant to section 13103(i) shall include a full and complete statement with respect to each instance during the applicable time period in which the reporting individual or a relative of such individual—
(A)
knows that a particular matter involving specific parties had a direct effect or is likely to have both a direct and predictable effect on the financial interest of such individual or such relative; or
(B)
knows that a person with whom the individual or such relative has a covered relationship, as described in paragraph (2), is or represents a party to such matter.
(2)

Covered relationship
With respect to a particular matter involving specific parties, an individual or relative has a covered relationship with such a party or a representative of such a party if the individual or relative—
(A)
has served, is serving, or is seeking to serve as an officer, director, trustee, general partner, agent, attorney, consultant, contractor or employee of the party or a representative;
(B)
otherwise has or seeks a business, contractual, or other financial relationship with the party or a representative that involves other than a routine consumer transaction;
(C)
is a member of the household of the party or is otherwise a family member of the party or a representative with a close personal relationship; or
(D)
is otherwise an active participant in an organization in which the party or a representative is also an active participant.
(3)

Definitions
In this subsection:
(A)

Direct and predictable effect
For the purposes of the term direct and predictable effect—
(i)
a “direct effect” (of a particular matter on a financial interest)—
(I)
is characterized by a close causal link between any decision or action to be taken in the matter and any effect or expected effect of the matter on the financial interest, even if the effect does not occur immediately;
(II)
is not characterized by—
- (aa)
an attenuated chain of causation or a chain of causation contingent upon the occurrence of events that are speculative or that are independent of, and unrelated to, the matter; or
- (bb)
an effect on a financial interest only as a consequence of effects on the general economy; and
(ii)
a “predictable effect” (of a particular matter on a financial interest) is characterized by a reasonable expectation of a real, as opposed to a speculative possibility, that the matter will affect the financial interest regardless of whether the magnitude of the gain or loss be known, or the dollar amount of the gain or loss is immaterial.
(B)

Particular matter involving specific parties
The term particular matter involving specific parties means any judicial or other proceeding, application, request for a ruling or other determination, contract, claim, controversy, investigation, charge, accusation, arrest or other particular matter involving a specific party or parties in which the United States is a party or has a direct and substantial interest.
(o)

Accompaniment on official travel
(1)

In general
Each report or addendum filed pursuant to section 13103(i) shall, with respect to the applicable time period, include a full and complete statement with respect to the following:
(A)
Each instance on which a relative (other than a minor child) accompanied the reporting individual on official travel and a description of the official purpose for the relative to accompany the reporting individual, including a listing of related events and meetings on the trip which the relative attended.
(B)
Each instance on which the accompaniment of the relative under subparagraph (A) also related to a commercial purpose.
(C)
A description of each commercial purpose under subparagraph (B) to which the accompaniment under subparagraph (A) is related.
(D)
The name, professional title or role, and associated entity of each person involved in any meeting or other engagement or activity with the relative relating to each commercial purpose described in subparagraph (C).
(E)
Each instance on which the accompaniment of the relative under subparagraph (A) included a meeting with a foreign principal that otherwise exceeded the scope of the official purpose of the travel described in subparagraph (A).
(2)

Classified Annex
The reporting individual may submit a classified annex to the report or addendum required under this subsection to protect properly classified national security information.
(p)

Information relating to relatives
(1)

In case of estrangement
With respect to each report or addendum required by section 13103(i) containing the information required in each of subsections (j) through (o), the reporting individual may exclude the information of any relative if the reporting individual—
(A)
certifies to the Director of the Office of Government Ethics that the reporting individual—
(i)
engaged in a sustained and diligent effort to contact or connect with any such relative in order to acquire the relevant information from any such relative; and
(ii)
is unable to acquire relevant information from any such relative to comply with the reporting requirements under subsections (j) through (o) despite the effort engaged in under clause (i); and
(B)
provides documentation of such engagement.
(2)

In case of relative who is a Federal employee or officeholder
With respect to each report or addendum required by section 13103(i) containing the information required in each of subsections (j) through (o), the reporting individual may exclude the information of any relative if the reporting individual certifies to the Director of the Office of Government Ethics that such information is required to be disclosed by such relative under other provisions of this subchapter.
(3)

Definition of relative
With respect to each report or addendum required by section 13103(i) containing the information required in each of subsections (j) through (o), the term relative means any of the following:
(A)
Father.
(B)
Mother.
(C)
Son.
(D)
Daughter.
(E)
Brother.
(F)
Sister.
(G)
Husband.
(H)
Wife.
(I)
Father-In-Law.
(J)
Mother-In-Law.
(K)
Son-In-Law.
(L)
Daughter-In-Law.
(M)
Brother-In-Law.
(N)
Sister-In-Law.
(O)
Stepfather.
(P)
Stepmother.
(Q)
Stepson.
(R)
Stepdaughter.
(S)
Stepbrother.
(T)
Stepsister.
(U)
Half-Brother.
(V)
Half-Sister.”.