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RULE XXVI: FINANCIAL DISCLOSURE
1. The Clerk shall send a copy of each
report filed with the Clerk under title
I of the Ethics in Government Act of
1978 within the seven-day period beginning
on the date on which the report is
filed to the Committee on Standards of
Official Conduct. By August 1 of each
year, the Clerk shall compile all such
reports sent to him by Members within
the period beginning on January 1 and
ending on June 15 of each year and
have them printed as a House document,
which shall be made available to
the public.
2. For the purposes of this rule, the
provisions of title I of the Ethics in
Government Act of 1978 shall be considered
Rules of the House as they pertain
to Members, Delegates, the Resident
Commissioner, officers, and employees
of the House.
[Pertinent provisions of Title I of the Ethics in Government Act of 1978 (5 U.S.C. App. 6 §§ 101–111) follow:]
TITLE I FINANCIAL DISCLOSURE
REQUIREMENTS OF FEDERAL PERSONNEL
Persons Required to File
SEC. 101. (a) Within thirty days of assuming
the position of an officer or employee
described in subsection (f), an
individual shall file a report containing
the information described in section
102(b) unless the individual has left another
position described in subsection
(f) within thirty days prior to assuming
such new position or has already filed a
report under this title with respect to
nomination for the new position or as a
candidate for the position. * * *
(c) Within thirty days of becoming a
candidate as defined in section 301 of
the Federal Campaign Act of 1971, in a
calendar year for nomination or election
to the office of President, Vice
President, or Member of Congress, or
on or before May 15 of that calendar
year, whichever is later, but in no
event later than 30 days before the
election, and on or before May 15 of
each successive year an individual continues
to be a candidate, an individual
other than an incumbent President,
Vice President, or Member of Congress
shall file a report containing the information
described in section 102(b). Notwithstanding
the preceding sentence,
in any calendar year in which an individual
continues to be a candidate for
any office but all elections for such office
relating to such candidacy were
held in prior calendar years, such individual
need not file a report unless he
becomes a candidate for another vacancy
in that office or another office
during that year.
(d) Any individual who is an officer
or employee described in subsection (f)
during any calendar year and performs
the duties of his position or office for a
period in excess of sixty days in that
calendar year shall file on or before
May 15 of the succeeding year a report
containing the information described
in section 102(a).
(e) Any individual who occupies a position
described in subsection (f) shall,
on or before the thirtieth day after termination
of employment in such position,
file a report containing the information
described in section 102(a) covering
the preceding calendar year if the
report required by subsection (d) has
not been filed and covering the portion
of the calendar year in which such termination
occurs up to the date the individual
left such office or position, unless
such individual has accepted employment
in another position described
in subsection (f).
(f) The officers and employees referred
to in subsections (a), (d), and (e)
are— * * *
(9) a Member of Congress as defined
under section 109(12);
(10) an officer or employee of the
Congress as defined under section
109(13); * * *
(g)(1) Reasonable extensions of time
for filing any report may be granted
under procedures prescribed by the supervising
ethics office for each branch,
but the total of such extensions shall
not exceed ninety days. * * *
(h) The provisions of subsections (a),
(b), and (e) shall not apply to an individual
who, as determined by the designated
agency ethics official or Secretary
concerned (or in the case of a
Presidential appointee under subsection
(b), the Director of the Office of
Government Ethics), the congressional
ethics committees, or the Judicial Conference,
is not reasonably expected to
perform the duties of his office or position
for more than sixty days in a calendar
year, except that if such individual
performs the duties of his office
or position for more than sixty days in
a calendar year—
(1) the report required by subsections
(a) and (b) shall be filed
within fifteen days of the sixtieth
day, and
(2) the report required by subsection
(e) shall be filed as provided
in such subsection.
(i) The supervising ethics office for
each branch may grant a publicly
available request for a waiver of any
reporting requirement under this section
for an individual who is expected
to perform or has performed the duties
of his office or position less than one
hundred and thirty days in a calendar
year, but only if the supervising ethics
office determines that—
(1) such individual is not a fulltime
employee of the Government,
(2) such individual is able to provide
services specially needed by the
Government,
(3) it is unlikely that the individual’s
outside employment or financial
interests will create a conflict of
interest, and
(4) public financial disclosure by
such individual is not necessary in
the circumstances.
Contents of Reports
SEC. 102. (a) Each report filed pursuant
to section 101 (d) and (e) shall include
a full and complete statement
with respect to the following:
(1)(A) The source, type, and amount
or value of income (other than income
referred to in subparagraph (B))
from any source (other than from
current employment by the United
States Government), and the source,
date, and amount of honoraria from
any source, received during the preceding
calendar year, aggregating
$200 or more in value and, effective
January 1, 1991, the source, date, and
amount of payments made to charitable
organizations in lieu of honoraria,
and the reporting individual
shall simultaneously file with the applicable
supervising ethics office, on
a confidential basis, a corresponding
list of recipients of all such payments,
together with the dates and
amounts of such payments.
(B) The source and type of income
which consists of dividends, rents, interest,
and capital gains, received
during the preceding calendar year
which exceeds $200 in amount or
value, and an indication of which of
the following categories the amount
or value of such item of income is
within:
(i) not more than $1,000,
(ii) greater than $1,000 but not
more than $2,500,
(iii) greater than $2,500 but not
more than $5,000,
(iv) greater than $5,000 but not
more than $15,000,
(v) greater than $15,000 but not
more than $50,000,
(vi) greater than $50,000 but not
more than $100,000,
(vii) greater than $100,000 but not
more than $1,000,000,
(viii) greater than $1,000,000 but
not more than $5,000,000, or
(ix) greater than $5,000,000.
(2)(A) The identity of the source, a
brief description, and the value of all
gifts aggregating more than the
minimal value as established by section
7342(a)(5) of title 5, United
States Code, or $250, whichever is
greater, received from any source
other than a relative of the reporting
individual during the preceding calendar
year, except that any food, lodging, or entertainment received as
personal hospitality of an individual
need not be reported, and any gift
with a fair market value of $100 or
less, as adjusted at the same time
and by the same percentage as the
minimal value is adjusted, need not
be aggregated for purposes of this
subparagraph.
(B) The identity of the source and a
brief description (including a travel
itinerary, dates, and nature of expenses
provided) of reimbursements
received from any source aggregating
more than the minimal value as established
by section 7342(a)(5) of title
5, United States Code, or $250, whichever
is greater, and received during
the preceding calendar year.
(C) In an unusual case, a gift need
not be aggregated under subparagraph
(A) if a publicly available request
for a waiver is granted.
(3) The identity and category of
value of any interest in property held
during the preceding calendar year in
a trade or business, or for investment
or the production of income, which
has a fair market value which exceeds
$1,000 as of the close of the preceding
calendar year, excluding any
personal liability owed to the reporting
individual by a spouse, or by a
parent, brother, sister, or child of the
reporting individual or of the reporting
individual’s spouse, or any deposits
aggregating $5,000 or less in a personal
savings account. For purposes
of this paragraph, a personal savings
account shall include any certificate
of deposit or any other form of deposit
in a bank, savings and loan association,
credit union, or similar financial
institution.
(4) The identity and category of
value of the total liabilities owed to
any creditor other than a spouse, or a
parent, brother, sister, or child of the
reporting individual or of the reporting
individual’s spouse which exceed
$10,000 at any time during the preceding
calendar year, excluding—
(A) any mortgage secured by real
property which is a personal residence
of the reporting individual or
his spouse; and
(B) any loan secured by a personal
motor vehicle, household furniture,
or appliances, which loan
does not exceed the purchase price
of the item which secures it.
With respect to revolving charge accounts,
only those with an outstanding
liability which exceeds
$10,000 as of the close of the preceding
calendar year need be reported under
this paragraph.
(5) Except as provided in this paragraph,
a brief description, the date,
and category of value of any purchase,
sale or exchange during the
preceding calendar year exceeds
$1,000—
(A) in real property, other than
property used solely as a personal
residence of the reporting individual
or his spouse; or
(B) in stocks, bonds, commodities
futures, and other forms of securities.
Reporting is not required under this
paragraph of any transaction solely
by and between the reporting individual,
his spouse, or dependent children.
(6)(A) The identity of all positions
held on or before the date of filing
during the current calendar year
(and, for the first report filed by an
individual, during the two-year period
preceding such calendar year) as
an officer, director, trustee, partner,
proprietor, representative, employee,
or consultant of any corporation,
company, firm, partnership, or other
business enterprise, any nonprofit organization,
any labor organization,
or any educational or other institution
other than the United States.
This subparagraph shall not require
the reporting of positions held in any
religious, social, fraternal, or political
entity and positions solely of an
honorary nature.
(B) If any person, other than the
United States Government, paid a
nonelected reporting individual compensation
in excess of $5,000 in any of
the two calendar years prior to the
calendar year during which the individual
files his first report under this
title, the individual shall include in
the report—
(i) the identity of each source of
such compensation; and
(ii) a brief description of the nature
of the duties performed or
services rendered by the reporting
individual for each such source.
The preceding sentence shall not require
any individual to include in
such report any information which is
considered confidential as a result of
a privileged relationship, established
by law, between such individual and
any person nor shall it require an individual
to report any information
with respect to any person for whom
services were provided by any firm or
association of which such individual
was a member, partner, or employee
unless such individual was directly
involved in the provision of such
services.
(7) A description of the date, parties
to, and terms of any agreement
or arrangement with respect to
(A)
future employment;
(B) a leave of absence
during the period of the reporting
individual’s Government service;
(C) continuation of payments by a
former employer other than the
United States Government; and
(D)
continuing participation in an employee
welfare or benefit plan maintained
by a former employer.
(8) The category of the total cash
value of any interest of the reporting
individual in a qualified blind trust,
unless the trust instrument was executed
prior to July 24, 1995 and precludes
the beneficiary from receiving
information on the total cash value
of any interest in the qualified blind
trust.
(b)(1) Each report filed pursuant to
subsections (a), (b), and (c) of section
101 shall include a full and complete
statement with respect to the information
required by—
(A) paragraph (1) of subsection (a)
for the year of filing and the preceding
calendar year,
(B) paragraphs (3) and (4) of subsection
(a) as of the date specified in
the report but which is less than thirty-
one days before the filing date,
and
(C) paragraphs (6) and (7) of subsection
(a) as of the filing date but
for periods described in such paragraphs.
(2)(A) In lieu of filling out one or
more schedules of a financial disclosure
form, an individual may supply
the required information in an alternative
format, pursuant to either rules
adopted by the supervising ethics office
for the branch in which such individual
serves or pursuant to a specific written
determination by such office for a reporting
individual.
(B) In lieu of indicating the category
of amount or value of any item contained
in any report filed under this
title, a reporting individual may indicate
the exact dollar amount of such
item.
(c) In the case of any individual described
in section 101(e), any reference
to the preceding calendar year shall be
considered also to include that part of
the calendar year of filing up to the
date of the termination of employment.
(d)(1) The categories for reporting the
amount or value of the items covered
in paragraphs (3), (4), (5), and (8) of subsection
(a) are as follows:
(A) not more than $15,000;
(B) greater than $15,000 but not
more than $50,000;
(C) greater than $50,000 but not
more than $100,000;
(D) greater than $100,000 but not
more than $250,000;
(E) greater than $250,000 but not
more than $500,000;
(F) greater than $500,000 but not
more than $1,000,000;
(G) greater than $1,000,000 but not
more than $5,000,000;
(H) greater than $5,000,000 but not
more than $25,000,000;
(I) greater than $25,000,000 but not
more than $50,000,000; and
(J) greater than $50,000,000.
(2) For the purposes of paragraph (3)
of subsection (a) if the current value of
an interest in real property (or an interest
in a real estate partnership) is
not ascertainable without an appraisal,
an individual may list (A) the date of
purchase and the purchase price of the
interest in the real property, or (B) the
assessed value of the real property for
tax purposes, adjusted to reflect the
market value of the property used for
the assessment if the assessed value is
computed at less than 100 percent of
such market value, but such individual shall include in his report a full and
complete description of the method
used to determine such assessed value,
instead of specifying a category of
value pursuant to paragraph (1) of this
subsection. If the current value of any
other item required to be reported
under paragraph
(3) of subsection (a) is
not ascertainable without an appraisal,
such individual may list the book value
of a corporation whose stock is not
publicly traded, the net worth of a
business partnership, the equity value
of an individually owned business, or
with respect to other holdings, any recognized
indication of value, but such
individual shall include in his report a
full and complete description of the
method used in determining such
value. In lieu of any value referred to
in the preceding sentence, an individual
may list the assessed value of
the item for tax purposes, adjusted to
reflect the market value of the item
used for the assessment if the assessed
value is computed at less than 100 percent
of such market value, but a full
and complete description of the method
used in determining such assessed
value shall be included in the report.
(e)(1) Except as provided in the last
sentence of this paragraph, each report
required by section 101 shall also contain
information listed in paragraphs
(1) through (5) of subsection (a) of this
section respecting the spouse or dependent
child of the reporting individual
as follows:
(A) The source of items of earned
income earned by a spouse from any
person which exceed $1,000 and the
source and amount of any honoraria
received by a spouse, except that,
with respect to earned income (other
than honoraria), if the spouse is selfemployed
in business or a profession,
only the nature of such business or
profession need be reported.
(B) All information required to be
reported in subsection (a)(1)(B) with
respect to income derived by a spouse
or dependent child from any asset
held by the spouse or dependent child
and reported pursuant to subsection
(a)(3).
(C) In the case of any gifts received
by a spouse or dependent child which
are not received totally independent
of the relationship of the spouse or
dependent child to the reporting individual,
the identity of the source and
a brief description of gifts of transportation,
lodging, food, or entertainment
and a brief description and the
value of other gifts.
(D) In the case of any reimbursements
received by a spouse or dependent
child which are not received
totally independent of the relationship
of the spouse or dependent child
to the reporting individual, the identity
of the source and a brief description
of each such reimbursement.
(E) In the case of items described in
paragraphs (3) through (5) of subsection
(a), all information required
to be reported under these paragraphs
other than items (i) which the
reporting individual certifies represent
the spouse’s or dependent
child’s sole financial interest or responsibility
and which the reporting
individual has no knowledge of, (ii)
which are not in any way, past or
present, derived from the income, assets,
or activities of the reporting individual,
and (iii) from which the reporting
individual neither derives,
nor expects to derive, any financial
or economic benefit.
(F) For purposes of this section,
categories with amounts or values
greater than $1,000,000 set forth in
sections 102(a)(1)(B) and 102(d)(1)
shall apply to the income, assets, or
liabilities of spouses and dependent
children only if the income, assets, or
liabilities are held jointly with the
reporting individual. All other income,
assets, or liabilities of the
spouse or dependent children required
to be reported under this section
in an amount or value greater
than $1,000,000 shall be categorized
only as an amount or value greater
than $1,000,000.
Reports required by subsections (a),
(b), and (c) of section 101 shall, with respect
to the spouse and dependent child
of the reporting individual, only contain
information listed in paragraphs
(1), (3), and (4) of subsection (a), as
specified in this paragraph.
(2) No report shall be required with
respect to a spouse living separate and
apart from the reporting individual
with the intention of terminating the
marriage or providing for permanent
separation; or with respect to any income
or obligations of an individual
arising from the dissolution of his marriage
or the permanent separation from
his spouse.
(f)(1) Except as provided in paragraph
(2), each reporting individual shall report
the information required to be reported
pursuant to subsections (a), (b),
and (c) of this section with respect to
the holdings of and the income from a
trust or other financial arrangement
from which income is received by, or
with respect to which a beneficial interest
in principal or income is held by,
such individual, his spouse, or any dependent
child.
(2) A reporting individual need not report the holdings of or the source of
income from any of the holdings of—
(A) any qualified blind trust (as defined
in paragraph (3));
(B) a trust—
(i) which was not created directly
by such individual, his spouse, or
any dependent child, and
(ii) the holdings or sources of income
of which such individual, his
spouse, and any dependent child
have no knowledge of; or
(C) an entity described under the
provisions of paragraph (8), but such
individual shall report the category
of the amount of income received by
him, his spouse, or any dependent
child from the trust or other entity
under subsection (a)(1)(B) of this section.
(3) For purpose of this subsection, the
term ‘‘qualified blind trust’’ includes
any trust in which a reporting individual,
his spouse, or any minor or dependent
child has a beneficial interest
in the principal or income, and which
meets the following requirements:
(A)(i) The trustee of the trust and
any other entity designated in the
trust instrument to perform fiduciary
duties is a financial institution,
an attorney, a certified public accountant,
a broker, or an investment
advisor who—
(I) is independent of and not associated
with any interested party so
that the trustee or other person
cannot be controlled or influenced
in the administration of the trust
by any interested party;
(II) is not and has not been an
employee of or affiliated with any
interested party and is not a partner
of, or involved in any joint venture
or other investment with, any
interested party; and
(III) is not a relative of any interested
party.
(ii) Any officer or employee of a
trustee or other entity who is involved
in the management or control
of the trust—
(I) is independent of and not associated
with any interested party so
that such officer or employee cannot
be controlled or influenced in
the administration of the trust by
any interested party;
(II) is not a partner of, or involved
in any joint venture or
other investment with, any interested
party; and
(III) is not a relative of any interested
party.
(B) Any asset transferred to the
trust by an interested party is free of
any restriction with respect to its
transfer or sale unless such restriction
is expressly approved by the supervising
ethics office of the reporting
individual.
(C) The trust instrument which establishes
the trust provides that—
(i) except to the extent provided
in subparagraph (B) of this paragraph,
the trustee in the exercise of
his authority and discretion to
manage and control the assets of
the trust shall not consult or notify
any interested party;
(ii) the trust shall not contain
any asset the holding of which by
an interested party is prohibited by
any law or regulation;
(iii) the trustee shall promptly
notify the reporting individual and
his supervising ethics office when
the holdings of any particular asset
transferred to the trust by any interested
party are disposed of or
when the value of such holding is
less than $1,000;
(iv) the trust tax return shall be
prepared by the trustee or his designee,
and such return and any information
relating thereto (other
than the trust income summarized in appropriate categories necessary
to complete an interested party’s
tax return), shall not be disclosed
to any interested party;
(v) an interested party shall not
receive any report on the holdings
and sources of income of the trust,
except a report at the end of each
calendar quarter with respect to
the total cash value of the interest
of the interested party in the trust
or the net income or loss of the
trust or any reports necessary to
enable the interested party to complete
an individual tax return required
by law or to provide the information
required by subsection
(a)(1) of this section, but such report
shall not identify any asset or
holding;
(vi) except for communications
which solely consist of requests for
distributions of cash or other unspecified
assets of the trust, there
shall be no direct or indirect communication
between the trustee
and an interested party with respect
to the trust unless such communication
is in writing and unless
it relates only
(I) to the general financial
interest and needs of the
interested party (including, but not
limited to, an interest in maximizing
income or long-term capital
gain),
(II) to the notification of the
trustee of a law or regulation subsequently
applicable to the reporting
individual which prohibits the
interested party from holding an
asset, which notification directs
that the asset not be held by the
trust, or
(III) to directions to the
trustee to sell all of an asset initially
placed in the trust by an interested
party which in the determination
of the reporting individual
creates a conflict of interest
or the appearance thereof due to
the subsequent assumption of duties
by the reporting individual
(but nothing herein shall require
any such direction); and
(vii) the interested parties shall
make no effort to obtain information
with respect to the holdings of
the trust, including obtaining a
copy of any trust tax return filed or
any information relating thereto
except as otherwise provided in this
subsection.
(D) The proposed trust instrument
and the proposed trustee is approved
by the reporting individual’s supervising
ethics office.
(E) For purposes of this subsection,
‘‘interested party’’ means a reporting
individual, his spouse, and any minor
or dependent child; ‘‘broker’’ has the
meaning set forth in section 3(a)(4) of
the Securities and Exchange Act of
1934 (15 U.S.C. 78c(a)(4)); and ‘‘investment
adviser’’ includes any investment
adviser who, as determined
under regulations prescribed by the
supervising ethics office, is generally
involved in his role as such an adviser
in the management or control
of trusts.
(F) Any trust qualified by a supervising
ethics office before the effective
date of title II of the Ethics Reform
Act of 1989 shall continue to be
governed by the law and regulations
in effect immediately before such effective
date.
(4)(A) An asset placed in a trust by an
interested party shall be considered a
financial interest of the reporting individual,
for the purposes of any applicable
conflict of interest statutes, regulations,
or rules of the Federal Government
(including section 208 of title 18,
United States Code), until such time as
the reporting individual is notified by
the trustee that such asset has been
disposed of, or has a value of less than
$1,000.
(B)(i) The provisions of subparagraph
(A) shall not apply with respect to a
trust created for the benefit of a reporting
individual, or the spouse, dependent
child, or minor child of such a
person, if the supervising ethics office
for such reporting individual finds
that—
(I) the assets placed in the trust
consist of a well-diversified portfolio
of readily marketable securities;
(II) none of the assets consist of securities
of entities having substantial
activities in the area of the reporting
individual’s primary area of
responsibility;
(III) the trust instrument prohibits
the trustee, notwithstanding the provisions
of paragraphs (3)(C) (iii) and
(iv) of this subsection, from making
public or informing any interested
party of the sale of any securities;
(IV) the trustee is given power of
attorney, notwithstanding the provisions
of paragraph (3)(C)(v) of this
subsection, to prepare on behalf of
any interested party the personal income
tax returns and similar returns
which may contain information relating
to the trust; and
(V) except as otherwise provided in
this paragraph, the trust instrument
provides (or in the case of a trust established
prior to the effective date
of this Act which by its terms does
not permit amendment, the trustee,
the reporting individual, and any
other interested party agree in writing)
that the trust shall be administered
in accordance with the requirements
of this subsection and the
trustee of such trust meets the requirements
of paragraph (3)(A). * * *
(5)(A) The reporting individual shall,
within thirty days after a qualified
blind trust is approved by his supervising
ethics office, file with such office
a copy of—
(i) the executed trust instrument of
such trust (other than those provisions
which relate to the testamentary
disposition of the trust assets),
and
(ii) a list of the assets which were
transferred to such trust, including
the category of value of each asset as
determined under subsection (d) of
this section.
This subparagraph shall not apply with
respect to a trust meeting the requirements
for being considered a qualified
blind trust under paragraph (7) of this
subsection.
(B) The reporting individual shall,
within thirty days of transferring an
asset (other than cash) to a previously
established qualified blind trust, notify
his supervising ethics office of the
identity of each such asset and the category
of value of each asset as determined
under subsection (d) of this section.
(C) Within thirty days of the dissolution
of a qualified blind trust, a reporting
individual shall—
(i) notify his supervising ethics office
of such dissolution, and
(ii) file with such office a copy of a
list of the assets of the trust at the
time of such dissolution and the category
of value under subsection (d) of
this section of each such asset.
(D) Documents filed under subparagraphs
(A), (B), and (C) of this paragraph
and the lists provided by the
trustee of assets placed in the trust by
an interested party which have been
sold shall be made available to the public
in the same manner as a report is
made available under section 105 and
the provisions of that section shall
apply with respect to such documents
and lists.
(E) A copy of each written communication
with respect to the trust
under paragraph (3)(C)(vi) shall be filed
by the person initiating the communication
with the reporting individual’s
supervising ethics office within
five days of the date of the communication.
(6)(A) A trustee of a qualified blind
trust shall not knowingly and willfully,
or negligently, (i) disclose any
information to an interested party
with respect to such trust that may
not be disclosed under paragraph (3) of
this subsection; (ii) acquire any holding
the ownership of which is prohibited
by the trust instrument; (iii) solicit
advice from any interested party
with respect to such trust, which solicitation
is prohibited by paragraph (3) of
this subsection or the trust agreement;
or (iv) fail to file any document required
by this subsection.
(B) A reporting individual shall not
knowingly and willfully, or negligently,
(i) solicit or receive any information
with respect to a qualified
blind trust of which he is an interested
party that may not be disclosed under
paragraph (3)(C) of this subsection or
(ii) fail to file any document required
by this subsection.
(C)(i) The Attorney General may
bring a civil action in any appropriate
United States district court against
any individual who knowingly and willfully
violates the provisions of subparagraph
(A) or (B) of this paragraph.
The court in which such action is
brought may assess against such individual
a civil penalty in any amount
not to exceed $10,000. a civil action in any appropriate
United States district court against
any individual who negligently violates
the provisions of subparagraph
(A) or (B) of this paragraph. The court
in which such action is brought may
assess against such individual a civil
penalty in any amount not to exceed
$5,000.
(7) Any trust may be considered to be
a qualified blind trust if—
(A) the trust instrument is amended
to comply with the requirements
of paragraph (3) or, in the case of a
trust instrument which does not by
its terms permit amendment, the
trustee, the reporting individual, and
any other interested party agree in
writing that the trust shall be administered
in accordance with the requirements
of this subsection and the
trustee of such trust meets the requirements
of paragraph (3)(A); except
that in the case of any interested
party who is a dependent child,
a parent or guardian of such child
may execute the agreement referred
to in this subparagraph;
(B) a copy of the trust instrument
(except testamentary provisions) and
a copy of the agreement referred to
in subparagraph (A), and a list of the
assets held by the trust at the time
of approval by the supervising ethics
office, including the category of
value of each asset as determined
under subsection (d) of this section,
are filed with such office and made
available to the public as provided
under paragraph
(5)(D) of this subsection;
and
(C) the supervising ethics office determines
that approval of the trust
arrangement as a qualified blind
trust is in the particular case appropriate
to assure compliance with applicable
laws and regulations.
(8) A reporting individual shall not be
required to report the financial interests
held by a widely held investment
fund (whether such fund is a mutual
fund, regulated investment company,
pension or deferred compensation plan,
or other investment fund), if—
(A)(i) the fund is publicly traded; or
(ii) the assets of the fund are widely
diversified; and
(B) the reporting individual neither
exercises control over nor has the
ability to exercise control over the
financial interests held by the fund.
(g) Political campaign funds, including
campaign receipts and expenditures,
need not be included in any report
filed pursuant to this title.
(h) A report filed pursuant to subsection
(a), (d), or (e) of section 101
need not contain the information described
in subparagraphs (A), (B), and
(C) of subsection (a)(2) with respect to
gifts and reimbursements received in a
period when the reporting individual
was not an officer or employee of the
Federal Government.
(i) A reporting individual shall not be
required under this title to report—
(1) financial interests in or income
derived from— (A) any retirement system under
title 5, United States Code (including
the Thrift Savings Plan under
subchapter III of chapter 84 of such
title); or
(B) any other retirement system
maintained by the United States
for officers or employees of the
United States, including the President,
or for members of the uniformed
services; or
(2) benefits received under the Social
Security Act.
Filing of Reports
SEC. 103. (a) Except as otherwise provided
in this section, the reports required
under this title shall be filed by
the reporting individual with the designated
agency ethics official at the
agency by which he is employed (or in
the case of an individual described in
section 101(e), was employed) or in
which he will serve. The date any report
is received (and the date of receipt
of any supplemental report) shall be
noted on such report by such official.
* * *
(g) Each supervising Ethics Office
shall develop and make available forms
for reporting the information required
by this title.
(h)(1) The reports required under this
title shall be filed by a reporting individual
with—
(A)(i)(I) the Clerk of the House of
Representatives, in the case of a Representative
in Congress, a Delegate
to Congress, the Resident Commissioner
from Puerto Rico, an officer or
employee of the Congress whose compensation
is disbursed by the Clerk of
the House of Representatives, an officer
or employee of the Architect of
the Capitol, the United States Botanic
Garden, the Congressional
Budget Office, the Government Printing
Office, the Library of Congress,
or the Copyright Royalty Tribunal
(including any individual terminating
service, under section 101(e),
in any office or position referred to
in this subclause), or an individual
described in section 101(c) who is a
candidate for nomination or election
as a Representative in Congress, a
Delegate to Congress, or the Resident
Commissioner from Puerto
Rico; * * *
(ii) in the case of an officer or employee
of the Congress as described
under section 101(f)(10) who is employed
by an agency or commission
established in the legislative branch
after the date of the enactment of
the Ethics Reform Act of 1989—
(I) the Secretary of the Senate or
the Clerk of the House of Representatives,
as the case may be, as
designated in the statute establishing
such agency or commission;
or
(II) if such statute does not designate
such committee, the Secretary
of the Senate for agencies
and commissions established in
even numbered calendar years, and
the Clerk of the House of Representatives
for agencies and commissions
established in odd numbered
calendar years; * * *
(2) The date any report is received
(and the date of receipt of any supplemental
report) shall be noted on such
report by such committee.
(i) A copy of each report filed under
this title by a Member or an individual
who is a candidate for the office of
Member shall be sent by the Clerk of
the House of Representatives or Secretary
of the Senate, as the case may
be, to the appropriate State officer designated
under section 316(a) of the Federal
Election Campaign Act of 1971 of
the State represented by the Member
or in which the individual is a candidate,
as the case may be, within the
30-day period beginning on the day the
report is filed with the Clerk or Secretary.
(j)(1) A copy of each report filed
under this title with the Clerk of the
House of Representatives shall be sent
by the Clerk to the Committee on
Standards of Official Conduct of the
House of Representatives within the 7-
day period beginning on the day the report
is filed. * * *
(k) In carrying out their responsibilities
under this title with respect to
candidates for office, the Clerk of the
House of Representatives and the Secretary
of the Senate shall avail themselves
of the assistance of the Federal
Election Commission. The Commission
shall make available to the Clerk and
the Secretary on a regular basis a complete
list of names and addresses of all
candidates registered with the Commission,
and shall cooperate and coordinate
its candidate information and
notification program with the Clerk
and the Secretary to the greatest extent
possible.
Failure to File or Filing False Reports
SEC. 104. (a) The Attorney General
may bring a civil action in any appropriate
United States district court
against any individual who knowingly
and willfully falsifies or who knowingly
and willfully fails to file or report
any information that such individual
is required to report pursuant to
section 102. The court in which such action
is brought may assess against such
individual a civil penalty in any
amount, not to exceed $10,000.
(b) The head of each agency, each
Secretary concerned, the Director of
the Office of Government Ethics, each
congressional ethics committee, or the
Judicial Conference, as the case may
be, shall refer to the Attorney General
the name of any individual which such
official or committee has reasonable
cause to believe has willfully failed to
file a report or has willfully falsified or
willfully failed to file information required
to be reported.
(c) The President, the Vice President,
the Secretary concerned, the head of
each agency, the Office of Personnel
Management, a congressional ethics
Conference
of the United States, may take
any appropriate personnel or other action
in accordance with applicable law
or regulation against any individual
failing to file a report or falsifying or
failing to report information required
to be reported.
(d)(1) Any individual who files a report
required to be filed under this
title more than 30 days after the later
of—
(A) the date such report is required
to be filed pursuant to the provisions
of this title and the rules and regulations
promulgated thereunder; or
(B) if a filing extension is granted
to such individual under section
101(g), the last day of the filing extension
period, shall, at the direction
of and pursuant to regulations issued
by the supervising ethics office, pay a
filing fee of $200. All such fees shall
be deposited in the miscellaneous receipts
of the Treasury. The authority
under this paragraph to direct the
payment of a filing fee may be delegated
by the supervising ethics office
in the executive branch to other
agencies in the executive branch.
(2) The supervising ethics office may
waive the filing fee under this subsection
in extraordinary circumstances.
Custody of and Public Access to Reports
SEC. 105. (a) Each agency, each supervising
ethics office in the executive or
judicial branch, the Clerk of the House
of Representatives, and the Secretary
of the Senate shall make available to
the public, in accordance with subsection
(b), each report filed under this
title with such agency or office or with
the Clerk or the Secretary of the Senate.
* * *
(b)(1) Except as provided in the second
sentence of this subsection, each
agency, each supervising ethics office
in the executive or judicial branch, the
Clerk of the House of Representatives,
and the Secretary of the Senate shall,
within thirty days after any report is
received under this title by such agency
or office or by the Clerk or the Secretary
of the Senate, as the case may
be, permit inspection of such report by
or furnish a copy of such report to any
person requesting such inspection or
copy. With respect to any report required
to be filed by May 15 of any
year, such report shall be made available
for public inspection within 30 calendar
days after May 15 of such year or
within 30 days of the date of filing of
such a report for which an extension is
granted pursuant to section 101(g). The
agency, office, Clerk, or Secretary of
the Senate, as the case may be may require
a reasonable fee to be paid in any
amount which is found necessary to recover
the cost of reproduction or mailing
of such report excluding any salary
of any employee involved in such reproduction
or mailing. A copy of such
report may be furnished without
charge or at a reduced charge if it is
determined that waiver or reduction of
the fee is in the public interest.
(2) Notwithstanding paragraph (1), a
report may not be made available
under this section to any person nor
may any copy thereof be provided
under this section to any person except
upon a written application by such person
stating—
(A) that person’s name, occupation
and address;
(B) the name and address of any
other person or organization on
whose behalf the inspection or copy
is requested; and
(C) that such person is aware of the
prohibitions on the obtaining or use
of the report.
Any such application shall be made
available to the public throughout the
period during which the report is made
available to the public.
(3)(A) This section does not require
the immediate and unconditional
availability of reports filed by an individual
described in section 109(8) or
109(10) of this Act if a finding is made
by the Judicial Conference, in consultation
with United States Marshall
Service, that revealing personal and
sensitive information could endanger
that individual.
(B) A report may be redacted pursuant
to this paragraph only--
(i) to the extent necessary to protect
the individual who filed the report;
and
(ii) for as long as the danger to
such individual exists.
(C) The Administrative Office of the
United States Courts shall submit to
the Committees on the Judiciary of the
House of Representatives and of the
Senate an annual report with respect
to the operation of this paragraph including--
(i) the total number of reports redacted
pursuant to this paragraph;
(ii) the total number of individuals
whose reports have been redacted
pursuant to this paragraph; and
(iii) the types of threats against individuals
whose reports are redacted,
if appropriate.
(D) The Judicial Conference, in consultation
with the Department of Justice,
shall issue regulations setting
forth the circumstances under which
redaction is appropriate under this
paragraph and the procedures for redaction.
(E) This paragraph shall expire on
December 31, 2001, and apply to filings
through calendar year 2001.
(c)(1) It shall be unlawful for any person
to obtain or use a report— (A) for any unlawful purpose;
(B) for any commercial purpose,
other than by news and communications
media for dissemination to the
general public;
(C) for determining or establishing
the credit rating of any individual; or
(D) for use, directly or indirectly,
in the solicitation of money for any
political, charitable, or other purpose.
(2) The Attorney General may bring a
civil action against any person who obtains
or uses a report for any purpose
prohibited in paragraph (1) of this subsection.
The court in which such action
is brought may assess against such person
a penalty in any amount not to exceed
$10,000. Such remedy shall be in
addition to any other remedy available
under statutory or common law.
(d) Any report filed with or transmitted
to an agency or supervising ethics
office or to the Clerk of the House
of Representatives or the Secretary of
the Senate pursuant to this title shall
be retained by such agency or office or
by the Clerk or the Secretary of the
Senate, as the case may be. Such report
shall be made available to the
public for a period of six years after receipt
of the report. After such six-year
period the report shall be destroyed unless
needed in an ongoing investigation,
except that in the case of an individual
who filed the report pursuant to
section 101(b) and was not subsequently
confirmed by the Senate, or who filed
the report pursuant to section 101(c)
and was not subsequently elected, such
reports shall be destroyed one year
after the individual either is no longer
under consideration by the Senate or is
no longer a candidate for nomination
or election to the Office of President,
Vice President, or as a Member of Congress,
unless needed in an ongoing investigation.
Review of Reports
SEC. 106. (a)(1) Each designated agency
ethics official or Secretary concerned
shall make provisions to ensure that
each report filed with him under this
title is reviewed within sixty days after
the date of such filing, except that the
Director of the Office of Government
Ethics shall review only those reports
required to be transmitted to him
under this title within sixty days after
the date of transmittal.
(2) Each congressional ethics committee
and the Judicial Conference
shall make provisions to ensure that
each report filed under this title is reviewed
within sixty days after the date
of such filing.
(b)(1) If after reviewing any report
under subsection (a), the Director of
the Office of Government Ethics, the
Secretary concerned, the designated
agency ethics official, a person designated
by the congressional ethics
committee, or a person designated by
the Judicial Conference, as the case
may be, is of the opinion that on the
basis of information contained in such
report the individual submitting such
report is in compliance with applicable
laws and regulations, he shall state
such opinion on the report, and shall
sign such report.
(2) If the Director of the Office of
Government Ethics, the Secretary concerned,
the designated agency ethics
official, a person designated by the
congressional ethics committee, or a
person designated by the Judicial Conference, after reviewing any report
under subsection (a)—
(A) believes additional information
is required to be submitted, he shall
notify the individual submitting such
report what additional information is
required and the time by which it
must be submitted, or
(B) is of the opinion, on the basis of
information submitted, that the individual is not in compliance with applicable
laws and regulations, he
shall notify the individual, afford a
reasonable opportunity for a written
or oral response, and after consideration
of such response, reach an opinion
as to whether or not, on the basis
of information submitted, the individual
is in compliance with such
laws and regulations.
(3) If the Director of the Office of
Government Ethics, the Secretary concerned,
the designated agency ethics
official, a person designated by a congressional
ethics committee, or a person
designated by the Judicial Conference,
reaches an opinion under paragraph
(2)(B) that an individual is not in
compliance with applicable laws and
regulations, the official or committee
shall notify the individual of that opinion
and, after an opportunity for personal
consultation (if practicable), determine
and notify the individual of
which steps, if any, would in the opinion
of such official or committee be appropriate
for assuring compliance with
such laws and regulations and the date
by which such steps should be taken.
Such steps may include, as
appropriate—
(A) divestiture,
(B) restitution,
(C) the establishment of a blind
trust,
(D) request for an exemption under
section 208(b) of title 18, United
States Code, or
(E) voluntary request for transfer,
reassignment, limitation of duties, or
resignation.
The use of any such steps shall be in
accordance with such rules or regulations
as the supervising ethics office
may prescribe.
(4) If steps for assuring compliance
with applicable laws and regulations
are not taken by the date set under
paragraph (3) by an individual in a position
in the executive branch (other
than in the Foreign Service or the uniformed
services), appointment to which
requires the advice and consent of the
Senate, the matter shall be referred to
the President for appropriate action.
(5) If steps for assuring compliance
with applicable laws and regulations
are not taken by the date set under
paragraph (3) by a member of the Foreign
Service or the uniformed services,
the Secretary concerned shall take appropriate
action.
(6) If steps for assuring compliance
with applicable laws and regulations
are not taken by the date set under
paragraph (3) by any other officer or
employee, the matter shall be referred
to the head of the appropriate agency,
the congressional ethics committee, or
the Judicial Conference, for appropriate
action; except that in the case of
the Postmaster General or Deputy
Postmaster General, the Director of
the Office of Government Ethics shall
recommend to the Governors of the
Board of Governors of the United
States Postal Service the action to be
taken.
(7) Each supervising ethics office
may render advisory opinions interpreting
this title within its respective
jurisdiction. Notwithstanding any
other provision of law, the individual
to whom a public advisory opinion is
rendered in accordance with this paragraph,
and any other individual covered
by this title who is involved in a
fact situation which is indistinguishable
in all material aspects, and who
acts in good faith in accordance with
the provisions and findings of such advisory
opinion shall not, as a result of
such act, be subject to any penalty or
sanction provided by this title.
Confidential Reports and Other Additional Requirements
SEC. 107. (a)(1) Each supervising ethics
office may require officers and employees
under its jurisdiction (including
special Government employees as defined
in section 202 of title 18, United
States Code) to file confidential financial
disclosure reports, in such form as
the supervising ethics office may prescribe.
The information required to be
reported under this subsection by the
officers and employees of any department
or agency shall be set forth in
rules or regulations prescribed by the
supervising ethics office, and may be
less extensive than otherwise required
by this title, or more extensive when
determined by the supervising ethics
office to be necessary and appropriate
in light of sections 202 through 209 of
title 18, United States Code, regulations
promulgated thereunder, or the
authorized activities of such officers or
employees. Any individual required to
file a report pursuant to section 101
shall not be required to file a confidential
report pursuant to this subsection,
except with respect to information
which is more extensive than information
otherwise required by this title.
Subsections (a), (b), and (d) of section
105 shall not apply with respect to any
such report.
(2) Any information required to be
provided by an individual under this
subsection shall be confidential and
shall not be disclosed to the public.
(3) Nothing in this subsection exempts
any individual otherwise covered
by the requirement to file a public financial
disclosure report under this
title from such requirement.
(b) The provisions of this title requiring
the reporting of information shall
supersede any general requirement
under any other provision of law or
regulation with respect to the reporting
of information required for purposes
of preventing conflicts of interest
or apparent conflicts of interest. Such
provisions of this title shall not supersede
the requirements of section 7342 of
title 5, United States Code.
(c) Nothing in this Act requiring reporting
of information shall be deemed
to authorize the receipt of income,
gifts, or reimbursements; the holding
of assets, liabilities, or positions; or
the participation in transactions that
are prohibited by law, Executive order,
rule, or regulation.
Authority of Comptroller General
SEC. 108. (a) The Comptroller General shall have access to financial disclosure reports filed under this title for the purposes of carrying out his statutory responsibilities.
(b) No later than December 31, 1992, and regularly thereafter, the Comptroller General shall conduct a study to determine whether the provisions of this title are being carried out effectively.
Definitions
SEC. 109. For the purposes of this title, the term—
(1) ‘‘congressional ethics committees’’
means the Select Committee
on Ethics of the Senate and the Committee
on Standards of Official Conduct
of the House of Representatives;
(2) ‘‘dependent child’’ means, when
used with respect to any reporting
individual, any individual who is a
son, daughter, stepson, or stepdaughter
and who—
(A) is unmarried and under age 21
and is living in the household of
such reporting individual; or
(B) is a dependent of such reporting
individual within the meaning
of section 152 of the Internal Revenue
Code of 1986;
(3) ‘‘designated agency ethics official’’
means an officer or employee
who is designated to administer the
provisions of this title within an
agency; * * *
(5) ‘‘gift’’ means a payment, advance,
forbearance, rendering, or deposit
of money, or any thing of value,
unless consideration of equal or
greater value is received by the
donor, but does not include—
(A) bequest and other forms of inheritance;
(B) suitable mementos of a function
honoring the reporting individual;
(C) food, lodging, transportation,
and entertainment provided by a
foreign government within a foreign
country or by the United
States Government, the District of
Columbia, or a State or local government
or political subdivision
thereof;
(D) food and beverages which are
not consumed in connection with a
gift of overnight lodging;
(E) communications to the offices
of a reporting individual, including
subscriptions to newspapers and
periodicals; or
(F) consumable products provided
by home-State businesses to the of fices of a reporting individual who
is an elected official, if those products
are intended for consumption
by persons other than such reporting
individual;
(6) ‘‘honoraria’’ has the meaning
given such term in section 505 of this
Act;
(7) ‘‘income’’ means all income
from whatever source derived, including
but not limited to the following
items: compensation for services, including
fees, commissions, and similar
items; gross income derived from
business (and net income if the individual
elects to include it); gains derived
from dealings in property; interest;
rents; royalties; dividends; annuities;
income from life insurance
and endowment contracts; pensions;
income from discharge of indebtedness;
distributive share of partnership
income; and income from an interest
in an estate or trust; * * *
(11) ‘‘legislative branch’’ includes—
(A) the Architect of the Capitol;
(B) the Botanic Gardens;
(C) the Congressional Budget Office;
(D) the General Accounting Office;
(E) the Government Printing Office;
(F) the Library of Congress;
(G) the United States Capitol Police;
(H) the Office of Technology Assessment;
and
(I) any other agency, entity, office,
or commission established in
the legislative branch;
(12) ‘‘Member of Congress’’ means a
United States Senator, a Representative
in Congress, a Delegate to Congress,
or the Resident Commissioner
from Puerto Rico;
(13) ‘‘officer or employee of the
Congress’’ means—
(A) any individual described
under subparagraph (B), other than
a Member of Congress or the Vice
President, whose compensation is
disbursed by the Secretary of the
Senate or the Clerk of the House of
Representatives;
(B)(i) each officer or employee of
the legislative branch who, for at
least 60 days, occupies a position
for which the rate of basic pay is
equal to or greater than 120 percent
of the minimum rate of basic pay
payable for GS–15 of the General
Schedule; and
(ii) at least one principal assistant
designated for purposes of this
paragraph by each Member who
does not have an employee who occupies
a position for which the rate
of basic pay is equal to or greater
than 120 percent of the minimum
rate of basic pay payable for GS–15
of the General Schedule;
(14) ‘‘personal hospitality of any individual’’
means hospitality extended
for a nonbusiness purpose by an individual,
not a corporation or organization,
at the personal residence of
that individual or his family or on
property or facilities owned by that
individual or his family;
(15) ‘‘reimbursement’’ means any
payment or other thing of value received
by the reporting individual,
other than gifts, to cover travel-related
expenses of such individual
other than those which are—
(A) provided by the United States
Government, the District of Columbia,
or a State or local government
or political subdivision thereof;
(B) required to be reported by the
reporting individual under section
7342 of title 5, United States Code;
or
(C) required to be reported under
section 304 of the Federal Election
Campaign Act of 1971 (2 U.S.C. 434);
(16) ‘‘relative’’ means an individual
who is related to the reporting individual,
as father, mother, son, daughter,
brother, sister, uncle, aunt, great
aunt, great uncle, first cousin, nephew,
niece, husband, wife, grandfather,
grandmother, grandson, granddaughter,
father-in-law, mother-inlaw,
son-in-law, daughter-in-law,
brother-in-law, sister-in-law, stepfather,
stepmother, stepson, stepdaughter,
stepbrother, stepsister,
half brother, half sister, or who is the
grandfather or grandmother of the
spouse of the reporting individual,
and shall be deemed to include the fiance
or fiancee of the reporting individual;
* * *
(18) ‘‘supervising ethics office’’
means—
(A) the Senate Committee on
Ethics of the Senate, for Senators,
officers and employees of the Senate,
and other officers or employees
of the legislative branch required
to file financial disclosure reports
with the Secretary of the Senate
pursuant to section 103(h) of this
title;
(B) the Committee on Standards
of Official Conduct of the House of
Representatives, for Members, officers
and employees of the House of
Representatives and other officers
or employees of the legislative
branch required to file financial
disclosure reports with the Clerk of
the House of Representatives pursuant
to section 103(h) of this title;
(C) the Judicial Conference for
judicial officers and judicial employees;
and
(D) the Office of Government Ethics
for all executive branch officers
and employees; and
(19) ‘‘value’’ means a good faith estimate
of the dollar value if the exact
value is neither known nor easily obtainable
by the reporting individual.
Notice of Actions Taken to Comply with Ethics Agreements
SEC. 110. (a) In any case in which an
individual agrees with that individual’s
designated agency ethics official, the
Office of Government Ethics, a Senate
confirmation committee, a congressional
ethics committee, or the Judicial
Conference, to take any action to
comply with this Act or any other law
or regulation governing conflicts of interest
of, or establishing standards of
conduct applicable with respect to, officers
or employees of the Government,
that individual shall notify in writing
the designated agency ethics official,
the Office of Government Ethics, the
appropriate committee of the Senate,
the congressional ethics committee, or
the Judicial Conference, as the case
may be, of any action taken by the individual
pursuant to that agreement.
Such notification shall be made not
later than the date specified in the
agreement by which action by the individual
must be taken, or not later than
three months after the date of the
agreement, if no date for action is so
specified.
(b) If an agreement described in subsection
(a) requires that the individual
recuse himself or herself from particular
categories of agency or other
official action, the individual shall reduce
to writing those subjects regarding
which the recusal agreement will
apply and the process by which it will
be determined whether the individual
must recuse himself or herself in a specific
instance. An individual shall be
considered to have complied with the
requirements of subsection (a) with respect
to such recusal agreement if such
individual files a copy of the document
setting forth the information described
in the preceding sentence with such individual’s
designated agency ethics official
or the appropriate supervising
ethics office within the time prescribed
in the last sentence of subsection (a).
Administration of Provisions
SEC. 111. The provisions of this title
shall be administered by * * *
(2) the Select Committee on Ethics
of the Senate and the Committee on
Standards of Official Conduct of the
House of Representatives, as appropriate,
with regard to officers and
employees described in paragraphs (9)
and (10) of section 101(f). * * *
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