,,ii  #aafth ,,congress  #ast ,session  
,s4 #bcb  ,,in ,,the ,,senate ,,of ,,the
 ,,united ,,states  ,january #bh1       
#bjai,mr4 ,whitehouse 7for himself1 ,mr4
 ,carper1 ,mr4 ,udall1 and ,mr4 ,van    
,hollen7 introduced the following bill2 
which was read twice and referred to the
 ,committee on ,homeland ,security and  
,governmental ,affairs  ,a ,,bill  ,to  
amend the ,ethics in ,government ,act of
 #aigh to require individuals nominated 
or appointed to ,senate-confirmed       
positions or to positions of a          
confidential or policymaking character  
to disclose certain types of            
contributions made or solicited by1 or  
at the request of1 the individuals4  #a4
 ,short title ,this ,act may be cited as
 the ,conflicts from ,political         
,fundraising ,act of #bjai4  #b4        
,findings ,congress finds the following3
  7#a7 ,public confidence in the        
,federal ,government is based on the    
expectation that officers and employees 
will discharge their duties impartially1

 and avoid either actual conflicts of   
interest or the appearance thereof4     
7#b7 ,the risk of an actual conflict of 
interest1 or the appearance thereof1    
arises when a nominee or appointee to a 
,senate-confirmed position or an        
individual in a position of a           
confidential or policymaking character  
has previously donated to1 solicited    
for1 or received funds from a political 
action committee or entity organized    
under section #eja7;c77#d7 or section   
#eja7;c77#f7 of the ,internal ,revenue  
,code of #aihf4  7#c7 ,since the #bjaj  
decision by the ,supreme ,court of the  
,united ,states in ,citizens ,united v4 
,federal ,election ,commission1 spending
 by corporations subject to ,federal    
laws and regulations has increased      
dramatically4  7#d7 ,while some         
corporate political spending is done    
publicly1 contributions to entities     
organized under section #eja7;c77#d7 of 
the ,internal ,revenue ,code of #aihf   
need not be disclosed1 making this      

spending effectively anonymous4 ,the    
risk of an actual conflict of interest1 
or the appearance thereof1 arises       
whether political spending is public or 
anonymous4  7#e7 ,current financial     
disclosure requirements do not require  
filers to report funds they have donated
 to1 solicited for1 or received from    
political action committees or entities 
organized under section #eja7;c77#d7 or 
section #eja7;c77#f7 of the ,internal   
,revenue ,code of #aihf4  7#f7 ,apparent
 or actual conflicts of interest are    
best ameliorated through public         
disclosure of this activity to the      
,office of ,government ,ethics so the   
apparent or actual conflicts can be     
addressed in ethics agreements          
negotiated between the filer and the    
agency in which the filer will serve4   
#c4 ,disclosure of certain types of     
contributions  7a7 ,definitions ,section
 #aji of the ,ethics in ,government ,act
 of #aigh 7#e ,u4,s4,c4 ,app47 is       
amended-- 7#a7 by redesignating         

paragraphs 7#b7 through 7#ai7 as        
paragraphs 7#e7 through 7#bb71          
respectively2 and  7#b7 by inserting    
after paragraph 7#a7 the following3     
7#b7 covered contribution means a       
payment1 advance1 forbearance1          
rendering1 or deposit of money1 or any  
thing of value--  7,a7 7i7 that-- 7,i7  
is--  7aa7 made by or at the request of 
a covered individual2 or  7bb7 solicited
 in writing by or at the request of a   
covered individual2 and  7,,ii7 is      
made-- 7aa7 to a political organization1
 as defined in section #ebg of the      
,internal ,revenue ,code of #aihf2 or   
7bb7 to an organization-- 7,,aa7 that is
 described in paragraph 7#d7 or 7#f7 of 
section #eja7;c7 of the ,internal       
,revenue ,code of #aihf and exempt from 
tax under section #eja7;a7 of such      
,code2 and 7,,bb7 that promotes or      
opposes changes in ,federal laws or     
regulations that are 7or would be7      
administered by the agency in which the 
covered individual has been nominated   

for appointment to a covered position or
 is serving in a covered position2 or   
7ii7 that is-- 7,i7 solicited in writing
 by or at the request of a covered      
individual2 and  7,,ii7 made-- 7aa7 by  
an individual or entity the activities  
of which are subject to ,federal laws or
 regulations that are 7or would be7     
administered by the agency in which the 
covered individual has been nominated   
for appointment to a covered position or
 is serving in a covered position2 and  
7bb7 to-- 7,,aa7 a political            
organization1 as defined in section #ebg
 of the ,internal ,revenue ,code of     
#aihf2 or 7,,bb7 an organization that is
 described in paragraph 7#d7 or 7#f7 of 
section #eja7;c7 of the ,internal       
,revenue ,code of #aihf and exempt from 
tax under section #eja7;a7 of such      
,code2 and  7,b7 that is made to an     
organization described in item 7aa7 or  
7bb7 of clause 7i77,,ii7 or clause      
7ii77,,ii77bb7 of subparagraph 7,a7 for 
which the total amount of such payments1

 advances1 forbearances1 renderings1 or 
deposits of money1 or any thing of      
value1 during the calendar year in which
 it is made is not less than the        
contribution limitation in effect under 
section #cae7;a77#a77;,a7 of the        
,federal ,election ,campaign ,act of    
#aiga 7#eb ,u4,s4,c4                    
#cjaaf7;a77#a77;,a77 for elections      
occurring during such calendar year2    
7#c7 covered individual means an        
individual who has been nominated or    
appointed to a covered position2 and    
7#d7 covered position--  7,a7 means--   
7i7 a position described under sections 
#ecab through #ecaf of title #e1 ,united
 ,states ,code2  7ii7 a position placed 
in level ,,iv or ,v of the ,executive   
,schedule under section #ecag of title  
#e1 ,united ,states ,code2  7iii7 a     
position as a limited term appointee1   
limited emergency appointee1 or         
noncareer appointee in the ,senior      
,executive ,service1 as defined under   
paragraphs 7#e71 7#f71 and 7#g71        

respectively1 of section #cacb7;a7 of   
title #e1 ,united ,states ,code2 or     
7iv7 a position in the executive branch 
of the ,government of a confidential or 
policy-determining character under      
schedule ,c of subpart ,c of part #bac  
of title #e of the ,code of ,federal    
,regulations2 and  7,b7 does not include
 a position if the individual serving in
 the position has been excluded from the
 application of section #aja7;f77#e72  4
  7b7 ,disclosure requirements ,the     
,ethics in ,government ,act of #aigh 7#e
 ,u4,s4,c4 ,app47 is amended-- 7#a7 in  
section #aja--  7,a7 in subsection 7a7--
 7i7 by inserting 7#a7 before ,within2  
7ii7 by striking unless and inserting   
and1 if the individual is assuming a    
covered position1 the information       
described in section #ajb7;j71 except   
that1 subject to paragraph 7#b71 the    
individual shall not be required to file
 a report if2 and  7iii7 by adding at   
the end the following3  7#b7 ,if an     
individual has left a position described

 in subsection 7f7 that is not a covered
 position and1 within #cj days1 assumes 
a position that is a covered position1  
the individual shall1 within #cj days of
 assuming the covered position1 file a  
report containing the information       
described in section #ajb7;j77#b77;,a74 
2  7,b7 in subsection 7b77#a71 in the   
first sentence1 by inserting and the    
information required by section #ajb7;j7
 after described in section #ajb7;b72   
7,c7 in subsection 7d71 by inserting    
and1 if the individual is serving in a  
covered position1 the information       
required by section #ajb7;j77#b77;,a7   
after described in section #ajb7;a72 and
  7,d7 in subsection 7e71 by inserting  
and1 if the individual was serving in a 
covered position1 the information       
required by section #ajb7;j77#b77;,a7   
after described in section #ajb7;a72 and
  7#b7 in section #ajb-- 7,a7 in        
subsection 7g71 by striking ,political  
campaign funds and inserting ,except as 
provided in subsection 7j71 political   

campaign funds2 and  7,b7 by adding at  
the end the following3  7j7 7#a7 ,in    
this subsection--  7,a7 the term        
applicable period means-- 7i7 with      
respect to a report filed pursuant to   
subsection 7a7 or 7b7 of section #aja1  
the year of filing and the #d calendar  
years preceding the year of the filing2 
and  7ii7 with respect to a report filed
 pursuant to subsection 7d7 or 7e7 of   
section #aja1 the preceding calendar    
year2 and  7,b7 the term covered gift   
means a gift that-- 7i7 is made to a    
covered individual1 the spouse of a     
covered individual1 or the dependent    
child of a covered individual2  7ii7 is 
made by an entity described in item 7aa7
 or 7bb7 of section                     
#aji7b77;,a77i77,,ii72 and  7iii7 would 
have been required to be reported under 
subsection 7a77#b7 if the covered       
individual had been required to file a  
report under section #aja7;d7 with      
respect to the calendar year during     
which the gift was made4  7#b7 7,a7 ,a  

report filed pursuant to subsection 7a71
 7b71 7d71 or 7e7 of section #aja by a  
covered individual shall include1 for   
each covered contribution made by or at 
the request of1 or that was solicited in
 writing by or at the request of1 that  
covered individual during the applicable
 period--  7i7 the date on which the    
covered contribution was made2  7ii7 if 
applicable1 the date or dates on which  
the covered contribution was solicited2 
7iii7 the value of the covered          
contribution2  7iv7 the name of the     
person making the covered contribution2 
and  7v7 the name of the person         
receiving the covered contribution4     
7,b7 7i7 ,subject to clause 7ii71 a     
covered contribution made by or at the  
request of1 or that was solicited in    
writing by or at the request of1 a      
covered individual shall constitute a   
conflict of interest1 or an appearance  
thereof1 with respect to the official   
duties of the covered individual4  7ii7 
,the ,director of the ,office of        

,government ,ethics may exempt a covered
 contribution from the application of   
clause 7i7 if the ,director determines  
the circumstances of the solicitation   
and making of the covered contribution  
do not present a risk of a conflict of  
interest and the exemption of the       
covered contribution would not affect   
adversely the integrity of the          
,government or the public's confidence  
in the integrity of the ,government4    
7#c7 ,a report filed pursuant to        
subsection 7a7 or 7b7 of section #aja by
 a covered individual shall include the 
information described in subsection     
7a77#b7 with respect to each covered    
gift received during the applicable     
period4  4  7c7 ,provision of reports   
and ethics agreements to ,congress      
,section #aje of the ,ethics in         
,government ,act of #aigh 7#e ,u4,s4,c4 
,app47 is amended by adding at the end  
the following3  7e7 ,not later than #cj 
days after receiving a written request  
from the ,chairman or ,ranking ,member  

of a committee or subcommittee of either
 ,house of ,congress1 the ,director of  
the ,office of ,government ,ethics shall
 provide to the ,chairman and ,ranking  
,member each report filed under this    
title by a covered individual and any   
ethics agreement entered into between   
the agency and the covered individual4  
4  7d7 ,rules on ethics agreements ,the 
,director of the ,office of ,government 
,ethics shall promptly issue rules      
regarding how an agency in the executive
 branch shall address information       
required to be disclosed under the      
amendments made by this ,act in drafting
 ethics agreements between the agency   
and individuals appointed to positions  
in the agency4  7e7 ,technical and      
conforming amendments  7#a7 ,the ,ethics
 in ,government ,act of #aigh 7#e       
,u4,s4,c4 ,app47 is amended-- 7,a7 in   
section #aja7;f7--  7i7 in paragraph    
7#i71 by striking section #aji7ab7 and  
inserting section #aji7ae72  7ii7 in    
paragraph 7#aj71 by striking section    

#aji7ac7 and inserting section #aji7af72
  7iii7 in paragraph 7#aa71 by striking 
section #aji7aj7 and inserting section  
#aji7ac72 and  7iv7 in paragraph 7#ab71 
by striking section #aji7h7 and         
inserting section #aji7aa72  7,b7 in    
section #ajc7l7-- 7i7 in paragraph 7#i71
 by striking section #aji7ab7 and       
inserting section #aji7ae72 and  7ii7 in
 paragraph 7#aj71 by striking section   
#aji7ac7 and inserting section #aji7af72
 and  7,c7 in section #aje7;b77#c77;,a71
 by striking section #aji7h7 or #aji7aj7
 and inserting section #aji7aa7 or      
#aji7ac74  7#b7 ,section #c7d77;,d7 of  
the ,lobbying ,disclosure ,act of #aiie 
7#b ,u4,s4,c4 #afjb7d77;,d77 is amended 
by striking section #aji7ac7 and        
inserting section #aji7af74  7#c7       
,section #ba;,a of the ,securities      
,exchange ,act of #aicd 7#ae ,u4,s4,c4  
#ghu-#a7 is amended--  7,a7 in          
subsection 7g77#b77;,b77ii71 by striking
 section #aji7aa7 of the ,ethics in     
,government ,act of #aigh 7#e ,u4,s4,c4 

,app4 #aji7aa777 and inserting section  
#aji of the ,ethics in ,government ,act 
of #aigh 7#e ,u4,s4,c4 ,app4772 and     
7,b7 in subsection 7h77#b7--  7i7 in    
subparagraph 7,b71 by striking section  
#aji7h7 of the ,ethics in ,government   
,act of #aigh 7#e ,u4,s4,c4 ,app4       
#aji7h77 and inserting section #aji of  
the ,ethics in ,government ,act of #aigh
 7#e ,u4,s4,c4 ,app472 and  7ii7 in     
subparagraph 7,c71 by striking section  
#aji7aj7 of the ,ethics in ,government  
,act of #aigh 7#e ,u4,s4,c4 ,app4       
#aji7aj77 and inserting section #aji of 
the ,ethics in ,government ,act of #aigh
 7#e ,u4,s4,c4 ,app474  7#d7 ,section   
#dii7;j77#b7 of the ,public ,health     
,service ,act 7#db ,u4,s4,c4            
#bij;b7j77#b77 is amended by striking   
section #aji7af7 of the ,ethics in      
,government ,act of #aigh and inserting 
section #aji of the ,ethics in          
,government ,act of #aigh 7#e ,u4,s4,c4 
,app474