RIGHT Act of 2019

I 116TH CONGRESS 1ST SESSION H. R. 1028 To reform certain ethics rules of the Federal Government, and for other purposes. IN THE HOUSE OF REPRESENTATIVES FEBRUARY 6, 2019 Ms. SPEIER introduced the following bill; which was referred to the Committee on Oversight and Reform, and in addition to the Committees on House Administration, and Ways and Means, for a period to be subsequently de- termined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To reform certain ethics rules of the Federal Government, and for other purposes. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Restoring Integrity, 4 Governance, Honesty, and Transparency Act of 2019’’ or 5 the ‘‘RIGHT Act of 2019’’. 6 VerDate Sep 11 2014 22:53 Feb 19, 2019 Jkt 089200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H1028.IH H1028 pbinns on DSK79D2C42PROD with BILLS 2 •HR 1028 IH SEC. 2. AMENDMENTS TO THE ETHICS IN GOVERNMENT 1 ACT OF 1978. 2 (a) REFERENCES.—Except as otherwise expressly 3 provided, whenever in this section an amendment or repeal 4 is expressed in terms of an amendment to, or repeal of, 5 a section or other provision, the reference shall be consid- 6 ered to be made to a section or other provision of the Eth- 7 ics in Government Act of 1978 (5 U.S.C. App 101 et seq.). 8 (b) DISCLOSURE OF TAX RETURNS OF CANDIDATES 9 FOR THE OFFICE OF PRESIDENT AND VICE PRESI- 10 DENT.— 11 (1) IN GENERAL.—Section 102 is amended by 12 adding at the end the following: 13 ‘‘(j)(1) Any report filed pursuant to section 101(c) 14 by an individual who is a candidate for the office of Presi- 15 dent or Vice President shall include the individual’s return 16 of Federal income tax for the taxable year ending in or 17 with the applicable calendar year covered by such report 18 and such returns for the previous nineteen taxable years. 19 ‘‘(2) If any person covered by paragraph (1) files the 20 return for such taxable year with the Internal Revenue 21 Service after the due date for such report, such return 22 shall be submitted (in the same manner as such a report) 23 not later than 30 days after such return was so filed. 24 ‘‘(3)(A) The Secretary of the Treasury, in consulta- 25 tion with the Director of the Office of Government Ethics, 26 VerDate Sep 11 2014 22:53 Feb 19, 2019 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H1028.IH H1028 pbinns on DSK79D2C42PROD with BILLS 3 •HR 1028 IH may issue regulations authorizing the redaction of per- 1 sonal information as the Secretary deems necessary to pre- 2 vent identity theft or physical danger from disclosure of 3 tax returns required under subsection (a). 4 ‘‘(B) Any redaction made in accordance with the reg- 5 ulations issued under subparagraph (A) shall be the sole 6 and exclusive responsibility of the individual who filed the 7 return, except that the Director may order the filer to re- 8 move any redaction the Director determines to be unau- 9 thorized.’’. 10 (2) DISCLOSURE PERMITTED.—Section 6103(i) 11 of the Internal Revenue Code of 1986 is amended by 12 adding at the end the following new paragraph: 13 ‘‘(9) DISCLOSURE OF TAX RETURNS UNDER 14 THE ETHICS IN GOVERNMENT ACT OF 1978.—The 15 Director of the Office of Government Ethics may 16 publically disclose returns described in section 102(j) 17 of the Ethics in Government Act of 1978 (Public 18 Law 95–521; 5 U.S.C. App. 102(j)) to the extent 19 such returns are required to be made available pur- 20 suant to such section.’’. 21 (3) APPLICATION.—The amendment made by— 22 (A) paragraph (1) shall apply to any indi- 23 vidual who becomes a candidate for the office, 24 or assumes the office, of President or Vice 25 VerDate Sep 11 2014 22:53 Feb 19, 2019 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H1028.IH H1028 pbinns on DSK79D2C42PROD with BILLS 4 •HR 1028 IH President, after the date of enactment of this 1 Act; and 2 (B) paragraph (2) shall apply to disclo- 3 sures made after the date of the enactment of 4 this Act. 5 (c) DISCLOSURE OF DONATIONS TO LEGAL DEFENSE 6 FUNDS.—Section 102 is further amended by adding at the 7 end the following: 8 ‘‘(k)(1) Except as provided in paragraphs (2) and 9 (3), each report filed pursuant to section 101 (d) and (e) 10 shall include the following information regarding each con- 11 tribution or reimbursement made, during the preceding 12 calendar year, by any source for the purpose of paying 13 on behalf of the reporting individual, or for the purpose 14 of reimbursing the reporting individual or any other per- 15 son for the payment of, a fee for legal services or a related 16 expense incurred at the time when the reporting individual 17 was an officer or employee of the Federal Government: 18 ‘‘(A) The identity of the source of the contribu- 19 tion or reimbursement, including: 20 ‘‘(i) a trust or other financial arrangement; 21 ‘‘(ii) a person who made the contribution 22 or reimbursement on behalf of another; or 23 ‘‘(iii) any other source. 24 VerDate Sep 11 2014 22:53 Feb 19, 2019 Jkt 089200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H1028.IH H1028 pbinns on DSK79D2C42PROD with BILLS 5 •HR 1028 IH ‘‘(B) The identity of each person who provided 1 the source with cash or a thing of value to be ap- 2 plied in support of the contribution or reimburse- 3 ment. 4 ‘‘(C) The value of the contribution or reim- 5 bursement. 6 ‘‘(D) The date of the contribution or reimburse- 7 ment. 8 ‘‘(E) If the contribution or reimbursement was 9 a thing of value other than cash, a brief description 10 of the thing of value. 11 ‘‘(2) The disclosure requirement pursuant to para- 12 graph (1) shall apply only to contributions and reimburse- 13 ments aggregating more than the minimal value as estab- 14 lished by section 7342(a)(5) of title 5, United States Code, 15 or $250, whichever is greater, made during the preceding 16 calendar year. 17 ‘‘(3) The disclosure requirement pursuant to para- 18 graph (1) shall not apply to— 19 ‘‘(A) a contribution or reimbursement from a 20 relative of the reporting individual, unless the rel- 21 ative received, or has an arrangement to receive, 22 cash or a thing of value to be applied in support of 23 the contribution or reimbursement; 24 VerDate Sep 11 2014 22:53 Feb 19, 2019 Jkt 089200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H1028.IH H1028 pbinns on DSK79D2C42PROD with BILLS 6 •HR 1028 IH ‘‘(B) a contribution or reimbursement made in 1 connection with a fee for legal services or an expense 2 that is unrelated to the reporting individual’s em- 3 ployment; or 4 ‘‘(C) a reduction or waiver of a fee for legal 5 services by the provider of the services, unless the 6 provider has received, or has an arrangement to re- 7 ceive, cash or a thing of value to be applied in sup- 8 port of the reduction or waiver. 9 ‘‘(4) Nothing in paragraph (3) shall be construed to 10 relieve a reporting individual of the disclosure requirement 11 set forth at subsection (a)(2).’’. 12 (d) INCREASE IN PENALTY FOR FAILURE TO FILE 13 OR FILING FALSE REPORTS.—Section 104(a)(1) is 14 amended by striking ‘‘$50,000’’ and inserting 15 ‘‘$200,000’’. 16 (e) CLARIFICATION OF APPLICATION TO ENTIRE EX- 17 ECUTIVE BRANCH.—Title IV is amended— 18 (1) in section 401, by adding at the end the fol- 19 lowing: 20 ‘‘(d) In this title, the term ‘executive agency’ has the 21 meaning given that term in section 105 of title 5, United 22 States Code, and includes the United States Postal Serv- 23 ice, the Postal Regulatory Commission, the Executive Of- 24 VerDate Sep 11 2014 22:53 Feb 19, 2019 Jkt 089200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H1028.IH H1028 pbinns on DSK79D2C42PROD with BILLS 7 •HR 1028 IH fice of the President, the Office of the Vice President, and 1 the White House.’’; and 2 (2) in section 402(a), by striking ‘‘, as defined 3 in section 105 of title 5, United States Code.’’. 4 (f) RESPONSIBILITY OF THE DIRECTOR REGARDING 5 GIFTS.—Section 402(b) is amended— 6 (1) in paragraph (14), by striking ‘‘and’’ at the 7 end; 8 (2) in paragraph (15), by striking the period 9 and inserting ‘‘; and’’; and 10 (3) by adding at the end the following: 11 ‘‘(16) make rules, after consultation with the 12 Attorney General, for the requirements pertaining to 13 acceptance of gifts by executive branch employees 14 and procedures for compliance with such require- 15 ments.’’. 16 (g) AUTHORITY REGARDING REGULATIONS.—Sec- 17 tion 402 is amended— 18 (1) in subsection (a), by striking ‘‘, in consulta- 19 tion with the Office of Personnel Management,’’; 20 and 21 (2) in subsection (b)— 22 (A) in paragraphs (1), (2), and (12), by 23 striking ‘‘and the Office of Personnel Manage- 24 ment’’ in each instance; and 25 VerDate Sep 11 2014 22:53 Feb 19, 2019 Jkt 089200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H1028.IH H1028 pbinns on DSK79D2C42PROD with BILLS 8 •HR 1028 IH (B) in paragraph (15), by striking ‘‘in con- 1 sultation with the Office of Personnel Manage- 2 ment,’’. 3 (h) LIMITATION ON LEGAL DEFENSE FUNDS.— 4 (1) LEGAL DEFENSE FUNDS.— 5 (A) Not later than 180 days after the date 6 of the enactment of this Act, the Director of 7 the Office of Government Ethics shall issue 8 final regulations regarding the acceptance by 9 any officer or employee of the executive branch 10 (not including the President or Vice President) 11 of reimbursement for, or payment of, legal fees 12 incurred in connection with the employee’s serv- 13 ice in the executive branch or in connection 14 with the employee’s participation in, assistance 15 to, or association with, a presidential campaign 16 or president-elect transition team. 17 (B) Such regulations shall prohibit any ex- 18 ecutive branch officer or employee covered by 19 subparagraph (A) from receiving any reim- 20 bursement or payment of fees as described in 21 such subparagraph, except that the regulations 22 may authorize, to the extent otherwise per- 23 mitted by applicable law and regulation (includ- 24 ing regulations under paragraph (16) of section 25 VerDate Sep 11 2014 22:53 Feb 19, 2019 Jkt 089200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H1028.IH H1028 pbinns on DSK79D2C42PROD with BILLS 9 •HR 1028 IH 402(b) of the Ethics in Government Act of 1 1978, as added by subsection (f)(3)), such a re- 2 imbursement or payment by a relative of the of- 3 ficer or employee or by a legal expense fund ap- 4 proved (in writing) by the Director that— 5 (i) exists solely to reimburse or pay 6 the legal fees of one individual and owes 7 that individual an exclusive fiduciary duty, 8 with all unused funds going to charity; 9 (ii) makes comprehensive disclosure, 10 as defined by the Director and including 11 the disclosures required under section 12 102(f) of the Ethics in Government Act of 13 1978 (as added by subsection (c)), of all 14 receipts and distributions by the fund; and 15 (iii) complies with all procedural and 16 substantive requirements the Director 17 deems necessary for the protection of the 18 public’s trust in Government and to pre- 19 vent the appearance of impropriety. 20 SEC. 3. AMENDMENTS TO TITLE 5, UNITED STATES CODE. 21 (a) ASSESSMENT OF PENALTIES FOR VIOLATING 22 ANTI-NEPOTISM STATUTE.—Section 3110 of title 5, 23 United States Code, is amended as follows: 24 VerDate Sep 11 2014 22:53 Feb 19, 2019 Jkt 089200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H1028.IH H1028 pbinns on DSK79D2C42PROD with BILLS 10 •HR 1028 IH (1) In subsection (a)(1)(A), by inserting before 1 the semicolon the following: ‘‘, including the White 2 House and the Executive Office of the President’’. 3 (2) By adding at the end the following: 4 ‘‘(f)(1) Any individual who knowingly is appointed or 5 employed in violation of this section, and the public official 6 who is a relative of such individual and who appoints, em- 7 ploys, or advocated for appointment or employment (as 8 the case may be) of such individual, shall each be subject 9 to a fine of $1,000 for each day the individual is so ap- 10 pointed or employed, except that— 11 ‘‘(A) in the case of a career employee, the max- 12 imum penalty shall not exceed the employee’s pay 13 for the period of the violation; and 14 ‘‘(B) in the case of a noncareer employee, there 15 shall be no limit on the liability under this sub- 16 section. 17 ‘‘(2) Any individual who is employed in violation of 18 this section shall not be eligible for access to classified in- 19 formation.’’. 20 (b) HATCH ACT AMENDMENTS.— 21 (1) IN GENERAL.—Section 7326 of title 5, 22 United States Code, is amended— 23 (A) by striking ‘‘An employee’’ and insert- 24 ing ‘‘(a) An employee’’; and 25 VerDate Sep 11 2014 22:53 Feb 19, 2019 Jkt 089200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H1028.IH H1028 pbinns on DSK79D2C42PROD with BILLS 11 •HR 1028 IH (B) by adding at the end the following: 1 ‘‘(b)(1) If the Office of Special Counsel determines 2 that an employee of the White House or the Executive 3 Office of the President has violated section 7323 or 7324, 4 the Special Counsel shall submit a report to the President. 5 The report shall include the recommended disciplinary ac- 6 tion to be taken against the employee. 7 ‘‘(2)(A) On the date a report is received under para- 8 graph (1), the President shall— 9 ‘‘(i) carry out the proposed disciplinary action 10 contained in that report against the applicable em- 11 ployee; or 12 ‘‘(ii) decline to carry out the proposed action. 13 ‘‘(B) If the President declines to carry out the pro- 14 posed action pursuant to subparagraph (A)(ii), not later 15 than 30 days after receiving the report the President shall 16 submit (in writing) notification to the Special Counsel and 17 the chair and ranking member of the Committee on Over- 18 sight and Reform of the House of Representatives and the 19 Committee on Homeland Security and Governmental Af- 20 fairs of the Senate, including a detailed explanation of why 21 the action was not taken. 22 ‘‘(C) The Special Counsel shall publish the notifica- 23 tion received under subparagraph (B) on the Office’s pub- 24 lic Internet website’’. 25 VerDate Sep 11 2014 22:53 Feb 19, 2019 Jkt 089200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\H1028.IH H1028 pbinns on DSK79D2C42PROD with BILLS 12 •HR 1028 IH (2) APPLICATION.—The amendments made by 1 paragraph (1) shall apply to any violation of section 2 7323 or 7324 of title 5, United States Code, by an 3 employee of the White House or the Executive Office 4 of the President occurring after the date of enact- 5 ment of this Act. 6 SEC. 4. DISCLOSURE OF TRAVEL BY SENIOR FEDERAL OF- 7 FICIALS. 8 (a) REGULATIONS.—Not later [Text truncated for display. Full text available on Congress.gov.]