,,ii #aafth ,,congress #ast ,session ,s4 #hhb ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,march #bf1 #bjai,ms4 ,warren 7for herself1 ,ms4 ,baldwin1 ,mr4 ,bennet1 ,mr4 ,blumenthal1 ,mr4 ,booker1 ,mr4 ,brown1 ,ms4 ,cantwell1 ,mr4 ,cardin1 ,mr4 ,carper1 ,mr4 ,casey1 ,mr4 ,coons1 ,ms4 ,duckworth1 ,mr4 ,durbin1 ,mrs4 ,feinstein1 ,mrs4 ,gillibrand1 ,ms4 ,harris1 ,ms4 ,hirono1 ,ms4 ,klobuchar1 ,mr4 ,leahy1 ,mr4 ,markey1 ,mr4 ,merkley1 ,mr4 ,murphy1 ,mrs4 ,murray1 ,mr4 ,peters1 ,mr4 ,reed1 ,ms4 ,smith1 ,ms4 ,stabenow1 ,mr4 ,udall1 ,mr4 ,van ,hollen1 ,mr4 ,whitehouse1 and ,mr4 ,wyden7 introduced the following bill2 which was read twice and referred to the ,committee on ,homeland ,security and ,governmental ,affairs ,a ,,bill ,to address financial conflicts of interest of the ,president and ,vice ,president4 #a4 ,short title ,this ,act may be cited as the ,presidential ,conflicts of ,interest ,act of #bjai4 #b4 ,divestiture of personal financial interests of the ,president and ,vice ,president that pose a potential conflict of interest 7a7 ,definitions 7#a7 ,in general ,in this section-- 7,a7 the term conflict-free holding means a financial interest described in section #ajb7;f77#h7 of the ,ethics in ,government ,act of #aigh 7#e ,u4,s4,c4 ,app472 7,b7 the term financial interest posing a potential conflict of interest means a financial interest of the ,president1 the ,vice ,president1 the spouse of the ,president or ,vice ,president1 or a minor child of the ,president or ,vice ,president1 as applicable1 that-- 7i7 would constitute a financial interest described in subsection 7a7 of section #bjh of title #ah1 ,united ,states ,code-- 7,i7 if-- 7aa7 for purposes of such section #bjh1 the terms officer and employee included the ,president and the ,vice ,president2 and 7bb7 the ,president or ,vice ,president1 as applicable1 participated as described in subsection 7a7 of such section #bjh in relation to such financial interest2 and 7,,ii7 determined without regard to any exception under subsection 7b7 of such section #bjh2 or 7ii7 may constitute a present1 emolument1 office1 or title1 of any kind whatever1 from any king1 prince1 or foreign state 7including from an entity owned or controlled by a foreign government71 within the meaning of article ,i1 section #i of the ,constitution of the ,united ,states2 7,c7 the term qualified blind trust has the meaning given that term in section #ajb7;f77#c7 of the ,ethics in ,government ,act of #aigh 7#e ,u4,s4,c4 ,app471 unless otherwise specified in this ,act2 and 7,d7 the term tax return-- 7i7 means any ,federal income tax return and any amendment or supplement thereto1 including supporting schedules1 attachments1 or lists which are supplemental to1 or part of1 the return for the taxable year2 and 7ii7 includes any information return that reports information that does or may affect the liability for tax for the taxable year4 7#b7 ,applicability of ,ethics in ,government ,act of #aigh ,for purposes of the definition of qualified blind trust in this section1 the term supervising ethics officer in section #ajb7;f77#c7 of the ,ethics in ,government ,act of #aigh 7#e ,u4,s4,c4 ,app47 means the ,director of the ,office of ,government ,ethics4 7b7 ,initial financial disclosure 7#a7 ,submission of disclosure 7,a7 ,in general ,not later than #cj days after assuming the office of ,president or ,vice ,president1 respectively1 the ,president and ,vice ,president shall submit to ,congress and the ,director of the ,office of ,government ,ethics a disclosure of financial interests4 7,b7 ,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 ,act1 the disclosure of financial interests shall be submitted to ,congress and the ,director of the ,office of ,government ,ethics not later than #cj days after the date of enactment of this ,act4 7#b7 ,contents 7,a7 ,president ,the disclosure of financial interests submitted under paragraph 7#a7 by the ,president shall-- 7i7 describe in detail each financial interest of the ,president1 the spouse of the ,president1 or a minor child of the ,president2 7ii7 at a minimum1 include the information relating to each such financial interest that is required for reports under section #ajb of the ,ethics in ,government ,act of #aigh 7#e ,u4,s4,c4 ,app472 and 7iii7 include the tax returns filed by or on behalf of the ,president for-- 7,i7 the #c most recent taxable years2 and 7,,ii7 each taxable year for which an audit of the return by the ,internal ,revenue ,service is pending on the date the report is filed4 7,b7 ,vice ,president ,the disclosure of financial interests submitted under paragraph 7#a7 by the ,vice ,president shall-- 7i7 describe in detail each financial interest of the ,vice ,president1 the spouse of the ,vice ,president1 or a minor child of the ,vice ,president2 7ii7 at a minimum1 include the information relating to each such financial interest that is required for reports under section #ajb of the ,ethics in ,government ,act of #aigh 7#e ,u4,s4,c4 ,app472 and 7iii7 include the tax returns filed by or on behalf of the ,vice ,president for-- 7,i7 the #c most recent taxable years2 and 7,,ii7 each taxable year for which an audit of the return by the ,internal ,revenue ,service is pending on the date the report is filed4 7c7 ,divestiture of financial interests posing a potential conflict of interest 7#a7 ,in general ,the ,president1 the ,vice ,president1 the spouse of the ,president or ,vice ,president1 and any minor child of the ,president or ,vice ,president shall divest of any financial interest posing a potential conflict of interest by transferring such interest to a qualified blind trust4 7#b7 ,trustee duties ,within a reasonable period of time after the date a financial interest is transferred to a qualified blind trust under paragraph 7#a71 the trustee of the qualified blind trust shall-- 7,a7 sell the financial interest2 and 7,b7 use the proceeds of the sale of the financial interest to purchase conflict-free holdings4 7d7 ,review by ,office of ,government ,ethics 7#a7 ,in general ,the ,director of the ,office of ,government ,ethics shall submit to ,congress1 the ,president1 and the ,vice ,president an annual report regarding the financial interests of the ,president1 the ,vice ,president1 the spouse of the ,president or ,vice ,president1 and any minor child of the ,president or ,vice ,president4 7#b7 ,contents ,each report submitted under paragraph 7#a7 shall-- 7,a7 indicate whether any financial interest of the ,president1 the ,vice ,president1 the spouse of the ,president or ,vice ,president1 or a minor child of the ,president or ,vice ,president is a financial interest posing a potential conflict of interest2 7,b7 evaluate whether any previously held financial interest of the ,president1 the ,vice ,president1 the spouse of the ,president or ,vice ,president1 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 subsection 7c72 and 7,c7 redact such information as the ,director of the ,office of ,government ,ethics determines necessary for preventing identity theft1 such as social security numbers or taxpayer identification numbers4 7e7 ,enforcement 7#a7 ,in general ,the ,attorney ,general1 the attorney general of any ,state1 or any person aggrieved by any violation of subsection 7c7 may seek declaratory or injunctive relief in a court of competent jurisdiction if-- 7,a7 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 subsection 7c72 or 7,b7 there is probable cause to believe that the ,president or the ,vice ,president has not complied with subsection 7c74 7#b7 ,fair market value ,in granting injunctive relief to the plaintiff1 the court shall ensure that any divestment procedure shall ensure the fair market return for any asset that is liquidated4 #c4 ,recusal of appointees ,section #bjh of title #ah1 ,united ,states ,code1 is amended by adding at the end the following3 7e7 7#a7 ,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-- 7,a7 the ,president who appointed the officer or employee1 which shall include any entity in which the ,president has a substantial interest2 or 7,b7 the spouse of the ,president who appointed the officer or employee1 which shall include any entity in which the spouse of the ,president has a substantial interest4 7#b7 7,a7 ,subject to subparagraph 7,b71 if an officer or employee is recused under paragraph 7#a71 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 matter4 7,b7 7i7 ,in this subparagraph1 the term ,commission means a board1 commission1 or other agency for which the authority of the agency is vested in more than #a member4 7ii7 ,if the recusal of a member of a ,commission from a matter under paragraph 7#a7 would result in there not being a statutorily required quorum of members of the ,commission available to participate in the matter1 notwithstanding such statute or any other provision of law1 the members of the ,commission not recused under paragraph 7#a7 may-- 7,i7 consider the matter without regard to the quorum requirement under such statute2 7,,ii7 delegate the authorities and responsibilities of the ,commission with respect to the matter to a subcommittee of the ,commission2 or 7,,iii7 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 matter4 7#c7 ,any officer or employee who negligently violates paragraph 7#a7 shall be subject to the penalties set forth in section #baf4 7#d7 ,for purposes of this section1 the term particular matter shall have the meaning given the term in section #bjg7;i74 4 #d4 ,contracts by the ,president or ,vice ,president 7a7 ,amendment ,section #dca of title #ah1 ,united ,states ,code1 is amended-- 7#a7 in the section heading1 by inserting the ,president1 ,vice ,president1 or a after ,contracts by2 and 7#b7 in the first undesignated paragraph1 by inserting the ,president or ,vice ,president1 after ,whoever1 being4 7b7 ,table of sections amendment ,the table of sections for chapter #bc of title #ah1 ,united ,states ,code1 is amended by striking the item relating to section #dca and inserting the following3 #dca4 ,contracts by the ,president1 ,vice ,president1 or a ,member of ,congress4 4 #e4 ,presidential tax transparency 7a7 ,in general ,title ,i of the ,ethics in ,government ,act of #aigh 7#e ,u4,s4,c4 ,app47 is amended-- 7#a7 by inserting after section #ajb the following3 #ajb;,a4 ,disclosure of tax returns 7a7 ,definitions ,in this section-- 7#a7 the term covered candidate means an individual-- 7,a7 required to file a report under section #aja7;c72 and 7,b7 who is nominated by a major party as a candidate for the office of ,president2 and 7#b7 the term covered individual means-- 7,a7 a ,president required to file a report under subsection 7a7 or 7d7 of section #aja2 and 7,b7 an individual who occupies the office of the ,president required to file a report under section #aja7;e72 7#c7 the term major party has the meaning given the term in section #ijjb of the ,internal ,revenue ,code of #aihf2 and 7#d7 the term income tax return means1 with respect to any covered candidate or covered individual1 any return 7within the meaning of section #fajc7;b7 of the ,internal ,revenue ,code of #aihf7 related to ,federal income taxes1 but does not include-- 7,a7 information returns issued to persons other than such covered candidate or covered individual1 and 7,b7 declarations of estimated tax4 7b7 ,disclosure 7#a7 ,covered individuals 7,a7 ,in general ,in addition to the information described in subsections 7a7 and 7b7 of section #ajb1 a covered individual shall include in each report required to be filed under this title a copy of the income tax returns of the covered individual for the #c 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 filed4 7,b7 ,failure to disclose ,if an income tax return is not disclosed under subparagraph 7,a71 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 return4 7,c7 ,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 7a7 and 7b7 of section #ajb4 7,d7 ,redaction of certain information ,before making any income tax return submitted under this paragraph available to the public1 the ,director of the ,office of ,government ,ethics shall redact such information as the ,director of the ,office of ,government ,ethics1 in consultation with the ,secretary of the ,treasury 7or a delegate of the ,secretary71 determines appropriate4 7#b7 ,candidates 7,a7 ,in general ,not later than #ae days after the date on which a covered candidate is nominated1 the covered candidate shall amend the report filed by the covered candidate under section #aja7;c7 with the ,federal ,election ,commission to include a copy of the income tax returns of the covered candidate for the #c most recent taxable years for which a return has been filed with the ,internal ,revenue ,service4 7,b7 ,failure to disclose ,if an income tax return is not disclosed under subparagraph 7,a7 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 return4 7,c7 ,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 #ajb7;b74 7,d7 ,redaction of certain information ,before making any income tax return submitted under this paragraph available to the public1 the ,federal ,election ,commission shall redact such information as the ,federal ,election ,commission1 in consultation with the ,secretary of the ,treasury 7or a delegate of the ,secretary7 and the ,director of the ,office of ,government ,ethics1 determines appropriate4 7#c7 ,special rule for sitting ,presidents ,not later than #cj days after the date of enactment of this section1 the ,president shall submit to the ,director of the ,office of ,government ,ethics a copy of the income tax returns described in paragraph 7#a77;,a74 2 and 7#b7 in section #ajd-- 7,a7 in subsection 7a7-- 7i7 in paragraph 7#a71 in the first sentence1 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 #ajb;,a before the period2 and 7ii7 in paragraph 7#b77;,a7-- 7,i7 in clause 7i71 by inserting or falsify any income tax return that such person is required to disclose under section #ajb;,a before the semicolon2 and 7,,ii7 in clause 7ii71 by inserting or fail to file any income tax return that such person is required to disclosed under section #ajb;,a before the period2 7,b7 in subsection 7b71 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 #ajb;,a before the period2 7,c7 in subsection 7c71 by inserting or failing to file or falsifying an income tax return required to be disclosed under section #ajb;,a before the period2 and 7,d7 in subsection 7d77#a7-- 7i7 in the matter preceding subparagraph 7,a71 by inserting or files an income tax return required to be disclosed under section #ajb;,a after title2 and 7ii7 in subparagraph 7,a71 by inserting or such income tax return1 as applicable1 after report4 7b7 ,authority ,to disclose information 7#a7 ,in general ,section #fajc7l7 of the ,internal ,revenue ,code of #aihf is amended by adding at the end the following new paragraph3 7#bc7 ,disclosure of return information of ,presidents and certain presidential candidates 7,a7 ,disclosure of returns of ,presidents 7i7 ,in general ,the ,secretary shall1 upon written request from the ,director of the ,office of ,government ,ethics pursuant to section #ajb;,a7b77#a77;,b7 of the ,ethics in ,government ,act of #aigh1 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 #ajb;,a of such ,act4 7ii7 ,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 #ajb;,a of the ,ethics in ,government ,act of #aigh4 7,b7 ,disclosure of returns of certain candidates for ,president 7i7 ,in general ,the ,secretary shall1 upon written request from the ,chairman of the ,federal ,election ,commission pursuant to section #ajb;,a7b77#b77;,b7 of the ,ethics in ,government ,act of #aigh1 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 7as defined in section #ijjb7;a77 for the office of ,president4 7ii7 ,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 7as defined in section #ijjb7f77 for the office of ,president and which is required to be filed with the ,commission pursuant to section #ajb;,a of the ,ethics in ,government ,act4 7,c7 ,applicable returns ,for purposes of this paragraph1 the term applicable returns means1 with respect to any candidate for the office of ,president1 income tax returns for the #c most recent taxable years for which a return has been filed as of the date of the nomination4 4 7#b7 ,conforming amendments ,section #fajc7p77#d7 of such ,code1 in the matter preceding subparagraph 7,a7 and in subparagraph 7,f77ii71 is amended by striking or 7#bb7 and inserting 7#bb71 or 7#bc7 each place it appears4 #f4 ,sense of ,congress regarding violations ,it is the sense of ,congress that a violation of section #b of this ,act or the ,ethics in ,government ,act of #aigh 7#e ,u4,s4,c4 ,app47 by the ,president or the ,vice ,president would constitute a high crime or misdemeanor under article ,,ii1 section #d of the ,constitution of the ,united ,states4 #g4 ,rule of construction ,nothing in this ,act or an amendment made by this ,act shall be construed to violate the ,constitution of the ,united ,states4 #h4 ,severability ,if any provision of this ,act or any amendment made by this ,act1 or any application of such provision or amendment to any person or circumstance1 is held to be unconstitutional1 the remainder of the provisions of this ,act and the amendments made by this ,act1 and the application of the provision or amendment to any other person or circumstance1 shall not be affected4