Overview

Title

To amend title 5, United States Code, to require additional ethics disclosures for the President, Vice President, and their family members, and for other purposes.

ELI5 AI

The Presidential Ethics Reform Act is about making sure that the President, the Vice President, and their families tell everyone about big gifts, money, or trips they get while they're in charge, so people can see they're being honest. It also helps keep their report secrets safe, but it could be tricky because all the required details might be a lot to handle and tell apart who counts as family.

Summary AI

The bill, known as the “Presidential Ethics Reform Act,” proposes changes to the United States Code to mandate additional ethics disclosures for the President, Vice President, and their family members. It requires these officials to submit reports on gifts, loans, foreign payments, and federal income tax returns starting 30 days after entering office and continuing annually. Post-departure, officials must file reports for a specified period, and updates must be submitted when conflicts of interest or official travel involving relatives arise. The bill aims to enhance transparency by making reports publicly accessible and includes provisions for confidentiality and exceptions.

Published

2024-05-22
Congress: 118
Session: 2
Chamber: HOUSE
Status: Introduced in House
Date: 2024-05-22
Package ID: BILLS-118hr8489ih

Bill Statistics

Size

Sections:
2
Words:
3,730
Pages:
19
Sentences:
69

Language

Nouns: 1,007
Verbs: 246
Adjectives: 241
Adverbs: 32
Numbers: 105
Entities: 115

Complexity

Average Token Length:
4.05
Average Sentence Length:
54.06
Token Entropy:
5.15
Readability (ARI):
28.02

AnalysisAI

General Summary of the Bill

The bill, titled the "Presidential Ethics Reform Act," proposes amendments to Title 5 of the United States Code, requiring additional ethics disclosures from the President, Vice President, and their family members. These changes are intended to enhance transparency and accountability in the highest echelons of government by mandating detailed reports on various financial and ethical aspects, such as gifts, loans, foreign payments, and federal income tax returns. The bill also stipulates that such information be made publicly accessible, with certain provisions allowing exceptions under specific conditions, like estranged family relationships or cases where information overlaps with other federal obligations.

Summary of Significant Issues

Several significant issues have emerged in the bill's provisions:

  1. Administrative Burden: The requirement for high-level officials to file multiple reports shortly after assuming office could be administratively taxing. This may create pressure and distraction during an already critical transition period.

  2. Complexity of Language: The intricate legal language within various subsections may make interpretation challenging without legal expertise, potentially leading to errors in compliance.

  3. Privacy Concerns: The extensive definition of "relative," which covers a broad array of familial relationships, may result in overly invasive reporting requirements that infringe upon personal privacy for both the officials and their family members.

  4. Security Concerns: The obligation to publicly disclose detailed financial information, such as gifts and loans from relatives, could pose privacy and security risks.

  5. Use of Classified Annex: There is a lack of clear criteria governing the use of a "classified annex" when disclosing certain information related to official travel. This could result in inconsistent application across different administrations.

  6. Verification Challenges: Allowing the exclusion of information from estranged relatives, based on subjective criteria, could prove difficult to verify or consistently enforce.

Impact on the Public

Broadly, the bill aims to bolster public trust by enhancing transparency regarding any potential conflicts of interest involving the top executive officials and their families. The general public may benefit from increased accountability, as these disclosures could potentially deter unethical behavior and prevent corruption within the highest levels of government.

However, the demand for extensive public disclosures raises questions about privacy and could lead to unintended consequences, such as the exposure of sensitive personal data. Public scrutiny of such data could also affect the personal and professional lives of relatives, possibly deterring qualified individuals from public service.

Impact on Specific Stakeholders

Presidents and Vice Presidents: While the intention of the bill is to promote accountability, the requirement to file detailed and frequent disclosures could distract from governance duties and complicate the transition into office. The potential for privacy breaches could also act as a deterrent for individuals considering running for these high offices.

Relatives of Top Officials: The broad definition of "relative" covers a wide range of familial connections, necessitating comprehensive information sharing even from relatives who may have little to do with the individual's public duties. This requirement might infringe on their privacy and could affect relationships both inside and outside the public eye.

Office of Government Ethics: Tasked with handling and publicly posting these disclosures, the Office could experience an increased workload, needing resources to manage, verify, redact, and publish sensitive data.

Overall, the bill reflects a crucial push towards greater government transparency, yet simultaneously introduces challenges that must be carefully examined to balance public interest with individual rights and privacy concerns.

Financial Assessment

The "Presidential Ethics Reform Act" outlines several financial reporting requirements aimed at increasing transparency in the financial dealings of the President, Vice President, and their family members. These requirements include the disclosure of information regarding gifts, loans, foreign payments, and federal income tax returns. Here is a closer analysis of the financial references within the bill:

Financial Reporting Requirements

The bill mandates officials to submit detailed reports on specific financial matters:

  1. Gifts: Each report must include a statement regarding gifts valued at more than $10,000 received by the officials or their relatives during the specified time period.

  2. Loans: It requires disclosure of any loans or loan repayments over $10,000 to or from the officials or their relatives, excluding standard commercial loans. This obligation aims to provide a clear picture of financial interactions that might impact or appear to impact official duties.

  3. Foreign Payments: The bill dictates the declaration of any payments or transfers of value from foreign entities to the officials or their relatives. This is essential for understanding any potential foreign influence or conflicts of interest.

Privacy and Administrative Burden

The extensive nature of these requirements may lead to:

  1. Administrative Burden: The necessity for filing multiple reports within tight timeframes, especially upon assuming or leaving office, might prove challenging. Completing such detailed financial disclosures promptly can be a significant task for these officials and could require substantial administrative support.

  2. Privacy Concerns: By mandating the public disclosure of detailed information, such as gifts and loans involving relatives, the bill raises concerns about privacy and security. The privacy of officials' relatives is particularly at risk, given the extensive list of relationships defined as "relatives."

Complexity and Interpretation

The language used in the bill regarding financial references could be complex and potentially hard to interpret without legal expertise. The detailed requirements in subsections dealing with financial disclosures might be overwhelming for non-experts, leading to possible misinterpretation or non-compliance.

Summary

The bill endeavors to bolster transparency by requiring disclosures of substantial financial transactions and interests involving the President and Vice President. While well-intentioned, these measures introduce potential challenges related to administrative demands and privacy concerns. The intricate nature of the requirements may necessitate legal guidance to ensure full compliance while safeguarding personal privacy.

Issues

  • The requirement for Presidents and Vice Presidents to file multiple reports within a short timeframe (e.g., within 30 days of assuming office) may create an administrative burden (Section 2).

  • Language regarding the types of reports and addendums required, particularly in subsections (j) through (p), is complex and may be difficult to interpret without legal expertise (Section 2).

  • The term 'relative' includes an extensive list of relationships, which might result in over-broad reporting requirements that could infringe on personal privacy (Section 2).

  • The requirement for public availability of detailed information, such as gifts and loans from relatives, raises potential privacy and security concerns (Section 2).

  • The provision for a 'classified annex' under subsection (o)(2) lacks detailed criteria for its application and may lead to inconsistent use (Section 2).

  • The exclusion of information in cases of estranged relatives relies on subjective criteria ('sustained and diligent effort'), which may be difficult to verify or enforce consistently (Section 2).

Sections

Sections are presented as they are annotated in the original legislative text. Any missing headers, numbers, or non-consecutive order is due to the original text.

1. Short title Read Opens in new tab

Summary AI

The first section of the bill specifies that the name of the law is the “Presidential Ethics Reform Act.”

2. Additional reporting requirements for Presidents and Vice Presidents Read Opens in new tab

Summary AI

The proposed changes to Section 13103 of title 5, United States Code, introduce additional ethics reporting requirements for Presidents and Vice Presidents, which include filing detailed reports on gifts, loans, foreign payments, and other financial interests, both during and after holding office. These reports aim to ensure transparency and include provisions for public disclosure online, with exceptions and guidelines for certain situations like estranged relatives or information overlapped by other federal obligations.

Money References

  • “(B) is fully compliant with the web design requirements under subsection (a) of section 3 of the 21st Century Integrated Digital Experience Act (44 U.S.C. 3501 note).”; and (3) in subsection (j) as redesignated by paragraph (1), by inserting “, except subsection (i),” after “under this section”. (b) Contents of additional ethics reports.—Section 13104 of title 5, United States Code, is amended by adding at the end the following new subsections: “(j) Gifts.—Each report filed pursuant to section 13103(i) shall include a full and complete statement with respect to each gift valued at more than $10,000— “(1) received by such individual during the applicable time period from a relative; and “(2) received by a relative during the applicable time period. “(k) Loans.—Each report filed pursuant to section 13103(i) shall include a full and complete statement with respect to all loans or loan repayments, including the terms and repayment schedules of each such loan or loan repayment, made during the applicable time period— “(1) to such individual by a relative; or “(2) to a relative of such an individual in an amount greater than $10,000, other than commercial loans or repayments thereof, which may include loans that have customary interest rates based on commonly accepted categories of loans and that are evidenced by a written instrument between parties that defines the terms of repayment. “(l) Foreign payments.
  • — “(i) a ‘direct effect’ (of a particular matter on a financial interest)— “(I) is characterized by a close causal link between any decision or action to be taken in the matter and any effect or expected effect of the matter on the financial interest, even if the effect does not occur immediately; “(II) is not characterized by— “(aa) an attenuated chain of causation or a chain of causation contingent upon the occurrence of events that are speculative or that are independent of, and unrelated to, the matter; or “(bb) an effect on a financial interest only as a consequence of effects on the general economy; and “(ii) a ‘predictable effect’ (of a particular matter on a financial interest) is characterized by a reasonable expectation of a real, as opposed to a speculative possibility, that the matter will affect the financial interest regardless of whether the magnitude of the gain or loss be known, or the dollar amount of the gain or loss is immaterial. “(B) PARTICULAR MATTER INVOLVING SPECIFIC PARTIES.—The term ‘particular matter involving specific parties’ means any judicial or other proceeding, application, request for a ruling or other determination, contract, claim, controversy, investigation, charge, accusation, arrest or other particular matter involving a specific party or parties in which the United States is a party or has a direct and substantial interest.