[Congressional Record Volume 170, Number 115 (Thursday, July 11, 2024)]
[Senate]
[Pages S5123-S5125]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 2893. Ms. WARREN (for herself, Ms. Stabenow, Mr. Markey, Mr. 
Padilla, Mr. Blumenthal, Mr. Lujan, Ms. Duckworth, and Mr. Van Hollen) 
submitted an amendment intended to be proposed by her to the bill S. 
4638, to authorize appropriations for fiscal year 2025 for military 
activities of the Department of Defense, for military construction, and 
for defense activities of the Department of Energy, to prescribe 
military personnel strengths for such fiscal year, and for other 
purposes; which was ordered to lie on the table; as follows:

       At the end of subtitle H of title X, add the following:

     SEC. 1095. PRESIDENTIAL CONFLICTS OF INTEREST ACT OF 2024.

       (a) Short Title.--This section may be cited as the 
     ``Presidential Conflicts of Interest Act of 2024''.
       (b) Divestiture of Personal Financial Interests of the 
     President and Vice President That Pose a Potential Conflict 
     of Interest.--
       (1) Definitions.--
       (A) In general.--In this subsection--
       (i) the term ``conflict-free holding'' means an interest in 
     a widely held investment fund (whether such fund is a mutual 
     fund, regulated investment company, pension or deferred 
     compensation plan, or other investment fund) that--

       (I) is diversified (as defined in section 2640.102 of title 
     5, Code of Federal Regulations, as in effect on the date of 
     enactment of this Act); and
       (II) is--

       (aa) publicly traded;
       (bb) registered as a management company under the 
     Investment Company Act of 1940 (15 U.S.C. 80a-1 et seq.); or
       (cc) a unit investment trust (as defined in section 4 of 
     the Investment Company Act of 1940 15 U.S.C. 80a-4) that is a 
     regulated investment company under section 851 of the 
     Internal Revenue Code of 1986;

[[Page S5124]]

       (ii) the term ``financial interest posing a potential 
     conflict of interest'' means a financial interest of the 
     President, the Vice President, the spouse of the President or 
     Vice President, or a minor child of the President or Vice 
     President, as applicable, that--

       (I) would constitute a financial interest described in 
     subsection (a) of section 208 of title 18, United States 
     Code--

       (aa) if--
       (AA) for purposes of such section 208, the terms 
     ``officer'' and ``employee'' included the President and the 
     Vice President; and
       (BB) the President or Vice President, as applicable, 
     participated in a particular matter affecting such financial 
     interest; and
       (bb) determined without regard to any exception under 
     subsection (b)(1) of such section 208; or

       (II) constitutes a present, emolument, office, or title, of 
     any kind whatever, from any king, prince, or foreign state 
     (including from an entity owned or controlled by a foreign 
     government), within the meaning of article I, section 9 of 
     the Constitution of the United States;

       (iii) the term ``qualified blind trust'' has the meaning 
     given that term in section 13104(f)(3) of title 5, United 
     States Code; and
       (iv) the term ``tax return''--

       (I) means any Federal income tax return and any amendment 
     or supplement thereto, including supporting schedules, 
     attachments, or lists which are supplemental to, or part of, 
     the return for the taxable year; and
       (II) includes any information return that reports 
     information that does or may affect the liability for tax for 
     the taxable year.

       (B) Applicability of ethics in government requirements.--
     For purposes of the definition of ``qualified blind trust'' 
     in this subsection, the term ``supervising ethics officer'' 
     in section 13104(f)(3) of title 5, United States Code, means 
     the Director of the Office of Government Ethics.
       (2) Initial financial disclosure.--
       (A) Submission of disclosure.--
       (i) In general.--Not later than 30 days after assuming the 
     office of President or Vice President, respectively, the 
     President and Vice President shall submit to Congress and the 
     Director of the Office of Government Ethics a disclosure of 
     financial interests.
       (ii) Application to sitting president and vice president.--
     For any individual who is serving as the President or Vice 
     President on the date of enactment of this Act, the 
     disclosure of financial interests shall be submitted to 
     Congress and the Director of the Office of Government Ethics 
     not later than 30 days after the date of enactment of this 
     Act.
       (B) Contents.--
       (i) President.--The disclosure of financial interests 
     submitted under subparagraph (A) by the President shall--

       (I) describe in detail each financial interest of the 
     President, the spouse of the President, or a minor child of 
     the President that is required to be disclosed under 
     regulations of the Office of Government Ethics in addition to 
     the financial interests required to be disclosed under 
     section 13104 of title 5, United States Code; and
       (II) include the tax returns filed by or on behalf of the 
     President for--

       (aa) the 3 most recent taxable years; and
       (bb) each taxable year for which an audit of the return by 
     the Internal Revenue Service is pending on the date the 
     report is filed.
       (ii) Vice president.--The disclosure of financial interests 
     submitted under subparagraph (A) by the Vice President 
     shall--

       (I) describe in detail each financial interest of the Vice 
     President, the spouse of the Vice President, or a minor child 
     of the Vice President that is required to be disclosed under 
     regulations of the Office of Government Ethics in addition to 
     the financial interests required to be disclosed under 
     section 13104 of title 5, United States Code; and
       (II) include the tax returns filed by or on behalf of the 
     Vice President for--

       (aa) the 3 most recent taxable years; and
       (bb) each taxable year for which an audit of the return by 
     the Internal Revenue Service is pending on the date the 
     report is filed.
       (3) Divestiture of financial interests posing a potential 
     conflict of interest.--
       (A) In general.--The President, the Vice President, the 
     spouse of the President or Vice President, and any minor 
     child of the President or Vice President shall divest of any 
     financial interest posing a potential conflict of interest 
     by--
       (i) converting each such interest to cash or another 
     investment that meets the criteria established by the 
     Director of the Office of Government Ethics through 
     regulation as being an interest so remote or inconsequential 
     as not to pose a conflict; or
       (ii) transferring such interest to a qualified blind trust.
       (B) Trustee duties.--Within a reasonable period of time 
     after the date a financial interest is transferred to a 
     qualified blind trust under subparagraph (A)(ii), the trustee 
     of the qualified blind trust shall--
       (i) sell the financial interest; and
       (ii) use the proceeds of the sale of the financial interest 
     to purchase conflict-free holdings.
       (C) Regulations.--Not later than 120 days after the date of 
     enactment of this Act, the Director of the Office of 
     Government Ethics shall promulgate regulations to define the 
     criteria described in subparagraph (A)(ii).
       (4) Review by office of government ethics.--
       (A) In general.--The Director of the Office of Government 
     Ethics shall submit to Congress, the President, and the Vice 
     President an annual report regarding the financial interests 
     of the President, the Vice President, the spouse of the 
     President or Vice President, and any minor child of the 
     President or Vice President.
       (B) Contents.--Each report submitted under subparagraph (A) 
     shall--
       (i) indicate whether any financial interest of the 
     President, the Vice President, the spouse of the President or 
     Vice President, or a minor child of the President or Vice 
     President is a financial interest posing a potential conflict 
     of interest;
       (ii) evaluate whether any previously held financial 
     interest of the President, the Vice President, the spouse of 
     the President or Vice President, or a minor child of the 
     President or Vice President that was a financial interest 
     posing a potential conflict of interest was divested in 
     accordance with paragraph (3); and
       (iii) redact such information as the Director of the Office 
     of Government Ethics determines necessary for preventing 
     identity theft, such as social security numbers or taxpayer 
     identification numbers.
       (C) Trustee responsibility.--If the President, the Vice 
     President, the spouse of the President or Vice President, or 
     any minor child of the President or Vice President transfers 
     1 or more interests to a qualified blind trust under 
     paragraph (3)(A)(ii), the trustee for the qualified blind 
     trust shall assist the Director in complying with 
     subparagraph (B)(ii) of this paragraph by notifying the 
     Director of the Office of Government Ethics when all initial 
     property of the qualified blind trust has been sold and 
     furnishing such other information as the Director may 
     require.
       (5) Enforcement.--
       (A) In general.--The Attorney General, the attorney general 
     of any State, or any person aggrieved by any violation 
     paragraph (3) may seek declaratory or injunctive relief in a 
     court of competent jurisdiction if--
       (i) the Director of the Office of Government Ethics is 
     unable to issue a report indicating whether the President or 
     the Vice President is in substantial compliance with 
     paragraph (3); or
       (ii) there is probable cause to believe that the President 
     or the Vice President has not complied with paragraph (3).
       (B) Fair market value.--In granting injunctive relief to 
     the plaintiff, the court shall ensure that any divestment 
     procedure is reasonably calculated to ensure the fair market 
     return for any asset that is liquidated.
       (c) Recusal of Appointees.--Section 208 of title 18, United 
     States Code, is amended by adding at the end the following:
       ``(e)(1) Any officer or employee appointed by the President 
     shall recuse himself or herself from any particular matter 
     involving specific parties in which a party to that matter 
     is--
       ``(A) the President who appointed the officer or employee, 
     which shall include any entity in which the President has a 
     substantial interest; or
       ``(B) the spouse of the President who appointed the officer 
     or employee, which shall include any entity in which the 
     spouse of the President has a substantial interest.
       ``(2)(A) Subject to subparagraph (B), if an officer or 
     employee is recused under paragraph (1), a career appointee 
     in the agency of the officer or employee shall perform the 
     functions and duties of the officer or employee with respect 
     to the matter.
       ``(B)(i) In this subparagraph, the term `Commission' means 
     a board, commission, or other agency for which the authority 
     of the agency is vested in more than 1 member.
       ``(ii) If the recusal of a member of a Commission from a 
     matter under paragraph (1) would result in there not being a 
     statutorily required quorum of members of the Commission 
     available to participate in the matter, notwithstanding such 
     statute or any other provision of law, the members of the 
     Commission not recused under paragraph (1) may--
       ``(I) consider the matter without regard to the quorum 
     requirement under such statute;
       ``(II) delegate the authorities and responsibilities of the 
     Commission with respect to the matter to a subcommittee of 
     the Commission; or
       ``(III) designate an officer or employee of the Commission 
     who was not appointed by the President who appointed the 
     member of the Commission recused from the matter to exercise 
     the authorities and duties of the recused member with respect 
     to the matter.
       ``(3) Any officer or employee who knowingly and willfully 
     violates paragraph (1) shall be subject to the penalties set 
     forth in section 216.
       ``(4) For purposes of this section, the term `particular 
     matter' shall have the meaning given the term in section 
     207(i).''.
       (d) Contracts by the President or Vice President.--
       (1) Amendment.--Section 431 of title 18, United States 
     Code, is amended--
       (A) in the section heading, by inserting ``the President, 
     Vice President, or a'' after ``Contracts by''; and
       (B) in the first undesignated paragraph, by inserting ``the 
     President or Vice President,'' after ``Whoever, being''.
       (2) Table of sections amendment.--The table of sections for 
     chapter 23 of title 18, United States Code, is amended by 
     striking the item relating to section 431 and inserting the 
     following:

``431. Contracts by the President, Vice President, or a Member of 
              Congress.''.

[[Page S5125]]

       (e) Presidential Tax Transparency.--
       (1) Disclosure requirement.--
       (A) In general.--Chapter 131 of title 5, United States 
     Code, is amended--
       (i) by inserting after section 13104 the following:

     ``Sec. 13104A. 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 13103(c); and
       ``(B) who is nominated by a major party as a candidate for 
     the office of President; and
       ``(2) the term `covered individual' means--
       ``(A) a President required to file a report under 
     subsection (a) or (d) of section 13103; and
       ``(B) an individual who occupies the office of the 
     President required to file a report under section 13103(e);
       ``(3) 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; and
       ``(4) the term `major party' has the meaning given the term 
     in section 9002 of the Internal Revenue Code of 1986.
       ``(b) Disclosure.--
       ``(1) Covered individuals.--
       ``(A) In general.--In addition to the information described 
     in subsections (a) and (b) of section 13104, a covered 
     individual shall include in each report required to be filed 
     under this subchapter a copy of the income tax returns of the 
     covered individual for the 3 most recent taxable years for 
     which a return have 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 13104.
       ``(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 13103(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 13104(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 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
       (ii) in section 13106--

       (I) in subsection (a)--

       (aa) 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 13104A'' before the period; and
       (bb) in paragraph (2)(A)--
       (AA) in clause (i), by inserting ``or falsify any income 
     tax return that such person is required to disclose under 
     section 13104A'' before the semicolon; and
       (BB) in clause (ii), by inserting ``or fail to file any 
     income tax return that such person is required to disclosed 
     under section 13104A'' before the period;

       (II) 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 
     13104A'' before the period;
       (III) in subsection (c), by inserting ``or failing to file 
     or falsifying an income tax return required to be disclosed 
     under section 13104A'' before the period; and
       (IV) in subsection (d)(1)--

       (aa) in the matter preceding subparagraph (A), by inserting 
     ``or files an income tax return required to be disclosed 
     under section 13104A'' after ``subchapter''; and
       (bb) in subparagraph (A), by inserting ``or such income tax 
     return, as applicable,'' after ``report''.
       (B) Conforming amendment.--The table of sections for 
     chapter 131 of title 5, United States Code, is amended by 
     inserting after the item relating to section 13104 the 
     following:

``13104A. Disclosure of tax returns.''.
       (2) Authority to disclose information.--
       (A) 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 13104A(b)(1)(B) of title 5, United States 
     Code, 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 13104A 
     of such title.
       ``(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 13104A of title 5, United 
     States Code.
       ``(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 13104A(b)(2)(B) of title 5, United States 
     Code, 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 13104A of title 5, United 
     States Code.
       ``(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.''.
       (B) 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.
       (f) Sense of Congress Regarding Violations.--It is the 
     sense of Congress that a violation of subsection (b) or 
     chapter 131 of title 5, United States Code, by the President 
     or the Vice President would constitute a high crime or 
     misdemeanor under article II, section 4 of the Constitution 
     of the United States.
       (g) Rule of Construction.--Nothing in this section or an 
     amendment made by this section shall be construed to violate 
     the Constitution of the United States.
       (h) Severability.--If any provision of this section or any 
     amendment made by this section, or any application of such 
     provision or amendment to any person or circumstance, is held 
     to be unconstitutional, the remainder of the provisions of 
     this section and the amendments made by this section, and the 
     application of the provision or amendment to any other person 
     or circumstance, shall not be affected.
                                 ______