Home > 106th Congressional Bills > S. 766 (is) To amend title 18, United States Code, to revise the requirements for procurement of products of Federal Prison Industries to meet needs of Federal agencies, and for other purposes. [Introduced in Senate] ...

S. 766 (is) To amend title 18, United States Code, to revise the requirements for procurement of products of Federal Prison Industries to meet needs of Federal agencies, and for other purposes. [Introduced in Senate] ...


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                             <greek-th> x 


                             <greek-th> x 

                                                          <greek-th> x 
108th CONGRESS<greek-th> x 
  1st Session<greek-th> x 
                    S. 765<greek-th> x <greek-th> x 

   To amend the Ethics in Government Act of 1978 (5 U.S.C. App.) to 
   streamline the financial disclosure process for executive branch 
                        employees.<greek-th> x 


<greek-th> x __________________________________________________________


            IN THE SENATE OF THE UNITED STATES<greek-th> x 

                       April 2, 2003<greek-th> x 

  Mr. Voinovich (for himself and Mr. Lugar) introduced the following 
      bill; which was read twice and referred to the Committee on 
                   Governmental Affairs<greek-th> x 

<greek-th> x __________________________________________________________

                          A BILL<greek-th> x 


 
   To amend the Ethics in Government Act of 1978 (5 U.S.C. App.) to 
   streamline the financial disclosure process for executive branch 
                        employees.<greek-th> x 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,<greek-th> x 

SECTION 1. SHORT TITLE.<greek-th> x 

    This Act may be cited as the ``Presidential Appointments 
Improvement Act of 2003''.<greek-th> x 

SEC. 2. PURPOSES.<greek-th> x 

    The purposes of this Act are to--<greek-th> x 
            (1) improve the Presidential appointment process without 
        violating the spirit and letter of conflict of interest laws; 
        and <greek-th> x 
            (2) provide a newly elected President the ability to submit 
        all nominations to the Senate for all Presidential appointments 
        as expeditiously as possible after the President takes 
        office.<greek-th> x 

SEC. 3. PUBLIC FINANCIAL DISCLOSURE FOR JUDICIAL AND LEGISLATIVE 
              PERSONNEL.<greek-th> x 

    Title I of the Ethics in Government Act of 1978 (5 U.S.C. App.) is 
amended to read as follows:<greek-th> x 

  ``TITLE I--JUDICIAL AND LEGISLATIVE PERSONNEL FINANCIAL DISCLOSURE 
                       REQUIREMENTS<greek-th> x 

``SEC. 101. PERSONS REQUIRED TO FILE.<greek-th> x 

    ``(a) Within 30 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) or 
section 201(f) within 30 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.<greek-th> x 
    ``(b)(1) Within 5 days of the transmittal by the President to the 
Senate of the nomination of an individual to a position in the 
legislative or judicial branch, appointment to which requires the 
advice and consent of the Senate, such individual shall file a report 
containing the information described in section 102(b). Such individual 
shall, not later than the date of the first hearing to consider the 
nomination of such individual, make current the report filed pursuant 
to this paragraph by filing the information required by section 
102(a)(1)(A) with respect to income and honoraria received as of the 
date which occurs 5 days before the date of such hearing. Nothing in 
this Act shall prevent any congressional committee from requesting, as 
a condition of confirmation, any additional financial information from 
any Presidential nominee whose nomination has been referred to that 
committee.<greek-th> x 
    ``(2) An individual whom the President or the President-elect has 
publicly announced he intends to nominate to a position may file the 
report required by paragraph (1) at any time after that public 
announcement, but not later than is required under the first sentence 
of such paragraph.<greek-th> x 
    ``(c) Within 30 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 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 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.<greek-th> x 
    ``(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 60 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).<greek-th> x 
    ``(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) or section 201(f).<greek-th> x 
    ``(f) The officers and employees referred to in subsections (a), 
(d), and (e) are--<greek-th> x 
            ``(1) a Member of Congress as defined under section 
        109(10);<greek-th> x 
            ``(2) an officer or employee of the Congress as defined 
        under section 109(11);<greek-th> x 
            ``(3) a judicial officer as defined under section 109(8); 
        and<greek-th> x 
            ``(4) a judicial employee as defined under section 
        109(6).<greek-th> x 
    ``(g) 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 90 
days.<greek-th> x 
    ``(h) The provisions of subsections (a), (b), and (e) shall not 
apply to an individual who, as determined by the congressional ethics 
committees or the Judicial Conference, is not reasonably expected to 
perform the duties of his office or position for more than 60 days in a 
calendar year, except that if such individual performs the duties of 
his office or position for more than 60 days in a calendar year--
<greek-th> x <greek-th> x <greek-th> x <greek-th> x <greek-th> x 
            ``(1) the report required by subsections (a) and (b) shall 
        be filed within 15 days of the sixtieth day, and<greek-th> x 
            ``(2) the report required by subsection (e) shall be filed 
        as provided in such subsection.<greek-th> x 
    ``(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 130 days in a 
calendar year, but only if the supervising ethics office determines 
that--<greek-th> x 
            ``(1) such individual is not a full-time employee of the 
        Government,<greek-th> x 
            ``(2) such individual is able to provide services specially 
        needed by the Government,<greek-th> x 
            ``(3) it is unlikely that the individual's outside 
        employment or financial interests will create a conflict of 
        interest, and<greek-th> x 
            ``(4) public financial disclosure by such individual is not 
        necessary in the circumstances.<greek-th> x 

``SEC. 102. CONTENTS OF REPORTS.<greek-th> x 

    ``(a) Each report filed pursuant to section 101 (d) and (e) shall 
include a full and complete statement with respect to the 
following:<greek-th> x 
            ``(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 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.<greek-th> x 
            ``(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:<greek-th> x 
                    ``(i) Not more than $1,000.<greek-th> x 
                    ``(ii) Greater than $1,000 but not more than 
                $2,500.<greek-th> x 
                    ``(iii) Greater than $2,500 but not more than 
                $5,000.<greek-th> x 
                    ``(iv) Greater than $5,000 but not more than 
                $15,000.<greek-th> x 
                    ``(v) Greater than $15,000 but not more than 
                $50,000.<greek-th> x 
                    ``(vi) Greater than $50,000 but not more than 
                $100,000.<greek-th> x 
                    ``(vii) Greater than $100,000 but not more than 
                $1,000,000.<greek-th> x 
                    ``(viii) Greater than $1,000,000 but not more than 
                $5,000,000.<greek-th> x 
                    ``(ix) Greater than $5,000,000.<greek-th> x 
            ``(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.<greek-th> x 
            ``(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.<greek-th> x 
            ``(C) In an unusual case, a gift need not be aggregated 
        under subparagraph (A) if a publicly available request for a 
        waiver is granted.<greek-th> x 
            ``(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.<greek-th> x 
            ``(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--
        <greek-th> x 
                    ``(A) any mortgage secured by real property which 
                is a personal residence of the reporting individual or 
                his spouse; and<greek-th> x 
                    ``(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.<greek-th> x 
        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.<greek-th> x 
            ``(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 which 
        exceeds $1,000--
        <greek-th> x <greek-th> x <greek-th> x <greek-th> x 
                    ``(A) in real property, other than property used 
                solely as a personal residence of the reporting 
                individual or his spouse; or<greek-th> x 
                    ``(B) in stocks, bonds, commodities futures, and 
                other forms of securities.<greek-th> x 
        Reporting is not required under this paragraph of any 
        transaction solely by and between the reporting individual, his 
        spouse, or dependent children.<greek-th> x 
            ``(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 2-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.<greek-th> x 
            ``(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 2 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--<greek-th> x 
                    ``(i) the identity of each source of such 
                compensation; and<greek-th> x 
                    ``(ii) a brief description of the nature of the 
                duties performed or services rendered by the reporting 
                individual for each such source. <greek-th> x 
        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.<greek-th> x 
            ``(7) A description of the date, parties to, and terms of 
        any agreement or arrangement with respect to--<greek-th> x 
                    ``(A) future employment; <greek-th> x 

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