201. Short title
This subtitle may be cited as the “Commonsense Legislation Ensuring Accountability by Reporting Access of Non-Cleared Employees to Secrets Act” or the “CLEARANCES Act”.
Title II — Rooting Out Conflicts of Interest
II Rooting Out Conflicts of Interest
A Commonsense Legislation Ensuring Accountability by Reporting Access of Non-Cleared Employees to Secrets
202. Report on security clearances for individuals working in the White House and Executive Office of the President
In general— Subpart I of part III of title 5, United States Code, is amended by adding after section 10106 the following:
“102 Security Clearances
“10201. Report on individuals working in the White House and Executive Office of the President
“(a) In general—Not later than 3 months after the date of the enactment of this section and every 3 months thereafter, the President shall submit a report to the appropriate congressional committees on security clearance information on any individual working in the White House or the Executive Office of the President, including—
“(1) the President’s staff or any other individual in the White House or Office whose function is to advise or assist the President; and
“(2) any individual who is detailed from the Government, a university, a think tank, or the private sector to the White House or the Office.
“(b) Report requirements—A report submitted under subsection (a) shall include the following:
“(1) The name and position of any individual working in the White House or the Office and who holds a security clearance.
“(2) With respect to any detailee, the entity or agency from which the individual was detailed from.
“(3) With respect to any clearance listed pursuant to paragraph (1)—
“(A) whether the clearance is temporary or permanent and level of the clearance;
“(B) the date the background investigation was initiated and the date of adjudication (if any); and
“(C) the date of any interim reports or notifications from the investigating agency.
“(4) The name and position of any individual working in the White House or the Office who was granted a security clearance by the President or other authorizing personnel despite an unfavorable recommendation from the White House Security Office or an agency, and the date the decision was made to grant the clearance.
“(5) The name and position of any individual not contained in any list above whom the President has provided access to classified information, the date the information was so provided, and the level of classification of the information.
“(6) The name and position of any individual working in the White House or Office—
“(A) whose security clearance has been revoked or suspended and the date of such revocation or suspension; or
“(B) who held an interim security clearance for a period longer than one year, and a justification from the White House Counsel as to why it is in the national security interest of the United States to keep the employee in the position without a permanent security clearance.
“(c) Definitions—In this section—
“(1) the term appropriate congressional committees means—
“(A) the Permanent Select Committee on Intelligence and the Committees on Oversight and Reform and the Judiciary of the House of Representatives; and
“(B) the Select Committee on Intelligence and the Committees on Homeland Security and Governmental Affairs and the Judiciary of the Senate; and
“(2) the term Office means the Executive Office of the President.”
Clerical amendment— The table of chapters for such title is amended by adding after the item relating to chapter 101 the following:
B Divestiture of Certain Financial Interests of Federal Officers and Employees and Spouses
211. Divestiture of certain financial interests of Federal officers and employees and spouses
Definitions— In this section—
the term covered significant business interest—
means any financial interest of a covered officer or employee in a corporation, company, association, firm, partnership, proprietorship, or any other business entity of which the covered officer or employee is—
a trustee;
a partner;
an officer;
a director; or
a shareholder who holds more than 10 percent of any class of equity securities; and
does not include any financial interest consisting of obligations issued by the Treasury, diversified mutual funds that qualify for a regulatory exemption, or residential property that is not held for the production of rental or other income;
the terms conflict-free holding and qualified blind trust have the meanings given those terms in sections 102(f)(3) and 102(f)(8), respectively, of the Ethics in Government Act of 1978 (5 U.S.C. App.); and
the term covered officer or employee means—
any individual occupying a position—
listed under the Executive Schedule (subchapter II of chapter 53 of title 5, United States Code);
in the Senior Executive Service as a noncareer appointee (as that term is defined in section 3132(a) if such title);
of a confidential or policy-determining character under schedule C of subpart C of part 213 of title 5, Code of Federal Regulations; or
in the executive branch whose appointment is made by the President, by and with the advice and consent of the Senate; and
any individual occupying any of the following positions:
Assistant to the President for National Security Affairs.
Assistant to the President and Chief of Staff.
Assistant to the President and Deputy Chief of Staff.
Assistant to the President and Deputy Chief of Staff for Communications (or Director of Communications).
Assistant to the President and Press Secretary.
Senior Advisor to the President.
Assistant to the President and Staff Secretary.
Assistant to the President for Homeland Security and Counterterrorism.
Assistant to the President and Counselor to the President.
Director of the National Economic Council.
Director of the Domestic Policy Council.
Assistant to the President and Chief of Staff or Deputy Chief of Staff to the Vice President.
Special Assistant to the President and Director of Communications for the Vice President.
Press Secretary to the Vice President.
Senior Advisor to the Vice President.
Deputy Assistant to the President and National Security Advisor or Deputy National Security Advisor to the Vice President.
Deputy Assistant to the President and Counselor to the Vice President.
Assistant to the President and White House Counsel.
Divestiture of covered significant business interest—
In general— A covered officer or employee or the spouse of any such an officer or employee shall divest of any covered significant business interest by transferring such interest to a qualified blind trust.
Trustee duties— Within a reasonable period of time after the date a covered significant business interest is transferred to a qualified blind trust under paragraph (1), the trustee of the qualified blind trust shall—
sell the interest; and
use the proceeds of the sale of the interest to purchase conflict-free holdings.
Enforcement— The Attorney General, the attorney general of any State, or any person aggrieved by any violation of subsection (b) may seek declaratory or injunctive relief in a court of competent jurisdiction if there is probable cause to believe that a covered officer or employee or the spouse of such an officer or employee has not complied with such subsection.
C Presidential Tax Transparency
221. Short title
This Act may be cited as the “Presidential Tax Transparency Act of 2019”.
222. Presidential and Vice Presidential tax transparency
Definitions— In this section—
The term covered candidate means a candidate of a major party in a general election for the office of President or Vice President.
The term major party has the meaning given the term in section 9002 of the Internal Revenue Code of 1986.
The term income tax return means, with respect to an individual, any return (as such term is defined in section 6103(b)(1) of the Internal Revenue Code of 1986) of such individual other than—
information returns issued to persons other than such individual; and
declarations of estimated tax.
The term Secretary means the Secretary of the Treasury or the delegate of the Secretary.
Disclosure—
In general—
Candidates for President and Vice President— Not later than the date that is 15 days after the date on which an individual becomes a covered candidate, the individual shall submit to the Federal Election Commission a copy of the individual’s income tax returns for the 10 most recent taxable years for which a return has been filed with the Internal Revenue Service.
President and Vice President— With respect to each taxable year for an individual who is the President or Vice President, not later than the due date for the return of tax for the taxable year, such individual shall submit to the Federal Election Commission a copy of the individual’s income tax returns for the taxable year and for the 9 preceding taxable years.
Transition rule for sitting Presidents and Vice Presidents— Not later than the date that is 30 days after the date of enactment of this section, an individual who is the President or Vice President on such date of enactment shall submit to the Federal Election Commission a copy of the income tax returns for the 10 most recent taxable years for which a return has been filed with the Internal Revenue Service.
Failure to disclose— If any requirement under paragraph (1) to submit an income tax return is not met, the chairman of the Federal Election Commission shall submit to the Secretary a written request that the Secretary provide the Federal Election Commission with the income tax return.
Publicly available— The chairman of the Federal Election Commission shall make publicly available each income tax return submitted under paragraph (1) in the same manner as a return provided under section 6103(l)(23) of the Internal Revenue Code of 1986 (as added by this section).
Treatment as a report under the Federal Election Campaign Act of 1971— For purposes of the Federal Election Campaign Act of 1971, any income tax return submitted under paragraph (1) or provided under section 6103(l)(23) of the Internal Revenue Code of 1986 (as added by this section) shall, after redaction under paragraph (3) or subparagraph (B)(ii) of such section, be treated as a report filed under the Federal Election Campaign Act of 1971.
Disclosure of returns of Presidents and Vice Presidents and certain candidates for President and Vice President—
In general— Section 6103(l) of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph:
“(23) Disclosure of return information of Presidents and Vice Presidents and certain candidates for President and Vice President
“(A) In general—Upon written request by the chairman of the Federal Election Commission under section 1(b)(2) of the Presidential Tax Transparency Act of 2019, the Secretary shall provide copies of any return which is so requested to officers and employees of the Federal Election Commission whose official duties include disclosure or redaction of such return under this paragraph.
“(B) Disclosure to the public
“(i) In general—The chairman of the Federal Election Commission shall make publicly available any return which is provided under subparagraph (A).
“(ii) Redaction of certain information—Before making publicly available under clause (i) any return, the chairman of the Federal Election Commission shall redact such information as the Federal Election Commission and the Secretary jointly determine is necessary for protecting against identity theft, such as social security numbers.”
Conforming amendments— Section 6103(p)(4) of such Code is amended—
in the matter preceding subparagraph (A) by striking “or (22)” and inserting “(22), or (23)”; and
in subparagraph (F)(ii) by striking “or (22)” and inserting “(22), or (23)”.
Effective date— The amendments made by this subsection shall apply to disclosures made on or after the date of enactment of this Act.
D White House Open Data
231. Short title
This subtitle may be cited as the “White House Open Data Act”.
232. White House visitor log and employee information
Requirement To publish— Except as provided in subsection (b), not later than 90 days after the date of the enactment of this Act, the Executive Office of the President shall make available on a publicly available website in an easily searchable and downloadable format the following information:
Visitor records for any location where the President or Vice President regularly conducts official business, which shall—
include the name of each visitor, the name of each individual with whom the visitor met, and the purpose of the visit; and
shall be updated every 30 days.
The annual salary of each White House employee, which shall be updated quarterly.
The most recent financial disclosure statement for each White House employee filed pursuant to the Ethics in Government Act of 1978 (5 U.S.C. App.), which shall be updated annually.
Exceptions— Except as provided in subsection (c)(3), the requirement described in subsection (a) does not apply to any visitor record that relates to—
the social security number, taxpayer identification number, birth date, home address, or personal phone number of an individual, the name of an individual who is less than 18 years old, or a financial account number;
a law enforcement concern;
a national security threat;
the personal safety of an employee of the Executive Office of the President; or
personal visits that do not involve any official or political business.
Records withheld— With respect to a visitor record excepted under subsection (b), the Executive Office of the President shall—
disclose the number of records withheld every 30 days;
post any such excepted record on the website described under subsection (a) if the Executive Office of the President determines that the record is no longer subject to an exception described in subsection (b); and
notwithstanding subsection (b), post any reasonably segregable portion that is not covered by an exception described in subsection (b) of any such excepted record on the website described under subsection (a).
E Prohibitions on making certain contracts with Federal Government or receiving Federal funds
241. Prohibitions on making certain contracts with Federal Government or receiving Federal funds
Contracts with Federal Government—
Prohibition— The following may not enter into or benefit from a contract or agreement with the Federal Government, or any part thereof:
The President.
The Vice President.
An immediate family member of the President.
An immediate family member of the Vice President.
A covered significant business interest.
Exception— Paragraph (1) does not apply to the following:
A contract or agreement with the Federal Government entered into or negotiated before or after the period in which the President or the Vice President, as applicable, serves in office.
A contract for employment with the Federal Government or a contract for service in the Armed Forces, or any benefits provided under such employment or service.
Receipt of Federal funds—
Prohibition— Except as provided in paragraph (2), the Federal Government may not obligate or expend Federal funds with the President, the Vice President, or a covered significant business interest.
Exceptions—
Entitlements— The Federal Government may obligate or expend Federal funds the President or the Vice President is entitled to by law for discharging an official duty, including annual salary.
Obligations— Paragraph (1) does not apply to Federal funds obligated or expended before or after the period in which the President or the Vice President, as applicable, serves in office.
Rule of Construction— Nothing in this Act may be construed to limit any payment to the President, the Vice President, an immediate family member of the President or Vice President, or covered significant business interest of any Federal benefit for which the President, the Vice President, an immediate family member of the President or Vice President, or covered significant business interest would otherwise be eligible.
Definitions— In this section:
Contract or agreement with Federal Government— The term contract or agreement with the Federal Government means a procurement contract or grant, a land use contract, or a lease created, funded, or controlled by the Federal Government, respectively.
Covered significant business interest— The term covered significant business interest means any corporation, company, association, firm, partnership, proprietorship, or any other business entity of which the President, the Vice President, an immediate family member of the President, or an immediate family member of the Vice President is—
a trustee;
a partner;
an officer;
a director; or
a shareholder who holds more than 10 percent of any class of equity securities.
Immediate family member— The term immediate family member means a spouse, parent, sibling, child, or dependent relative.
Application—
Contract or agreement with Federal Government— The prohibition under subsection (a)(1) applies to contracts or agreements with the Federal Government entered into, revised, or renewed after the date of the enactment of this Act.
Federal funds— The prohibition under subsection (a)(2) applies to Federal funds obligated after the date of the enactment of this Act.