text: SECTION 1. SHORT TITLE.
  
      This Act may be cited as the ``Conflicts from Political Fundraising 
  Act of 2017''.
  
  SEC. 2. FINDINGS.
  
      Congress finds the following:
              (1) Public confidence in the Federal Government is based on 
          the expectation that officers and employees will discharge 
          their duties impartially, and avoid either actual conflicts of 
          interest or the appearance thereof.
              (2) The risk of an actual conflict of interest, or the 
          appearance thereof, 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 
          to, solicited for, or received funds from a political action 
          committee or entity organized under section 501(c)(4) or 
          section 501(c)(6) of the Internal Revenue Code of 1986.
              (3) Since the 2010 decision by the Supreme Court of the 
          United States in Citizens United v. Federal Election 
          Commission, spending by corporations subject to Federal laws 
          and regulations has increased dramatically.
              (4) While some corporate political spending is done 
          publicly, contributions to entities organized under section 
          501(c)(4) of the Internal Revenue Code of 1986 need not be 
          disclosed, making this spending effectively anonymous. The risk 
          of an actual conflict of interest, or the appearance thereof, 
          arises whether political spending is public or anonymous.
              (5) Current financial disclosure requirements do not 
          require filers to report funds they have donated to, solicited 
          for, or received from political action committees or entities 
          organized under section 501(c)(4) or section 501(c)(6) of the 
          Internal Revenue Code of 1986.
              (6) 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 serve.
  
  SEC. 3. DISCLOSURE OF CERTAIN TYPES OF CONTRIBUTIONS.
  
      (a) Definitions.--Section 109 of the Ethics in Government Act of 
  1978 (5 U.S.C. App.) is amended--
              (1) by redesignating paragraphs (2) through (19) as 
          paragraphs (5) through (22), respectively; and
              (2) by inserting after paragraph (1) the following:
              ``(2) `covered contribution' means a payment, advance, 
          forbearance, rendering, or deposit of money, or any thing of 
          value--
                      ``(A)(i) that--
                              ``(I) is--
                                      ``(aa) made by or on behalf of a 
                                  covered individual; or
                                      ``(bb) solicited in writing by or 
                                  on behalf of a covered individual; and
                              ``(II) is made--
                                      ``(aa) to a political organization, 
                                  as defined in section 527 of the 
                                  Internal Revenue Code of 1986; or
                                      ``(bb) to an organization--
                                              ``(AA) that is described in 
                                          paragraph (4) or (6) of section 
                                          501(c) of the Internal Revenue 
                                          Code of 1986 and exempt from 
                                          tax under section 501(a) of 
                                          such Code; and
                                              ``(BB) that promotes or 
                                          opposes changes in Federal laws 
                                          or regulations that are (or 
                                          would be) administered by the 
                                          agency in which the covered 
                                          individual has been nominated 
                                          for appointment to a covered 
                                          position or is serving in a 
                                          covered position; or
                      ``(ii) that is--
                              ``(I) solicited in writing by or on behalf 
                          of a covered individual; and
                              ``(II) made--
                                      ``(aa) by an individual or entity 
                                  the activities of which are subject to 
                                  Federal laws or regulations that are 
                                  (or would be) administered by the 
                                  agency in which the covered individual 
                                  has been nominated for appointment to a 
                                  covered position or is serving in a 
                                  covered position; and
                                      ``(bb) to--
                                              ``(AA) a political 
                                          organization, as defined in 
                                          section 527 of the Internal 
                                          Revenue Code of 1986; or
                                              ``(BB) an organization that 
                                          is described in paragraph (4) 
                                          or (6) of section 501(c) of the 
                                          Internal Revenue Code of 1986 
                                          and exempt from tax under 
                                          section 501(a) of such Code; 
                                          and
                      ``(B) that is made to an organization described in 
                  item (aa) or (bb) of clause (i)(II) or clause 
                  (ii)(II)(bb) of subparagraph (A) for which the total 
                  amount of such payments, advances, forbearances, 
                  renderings, or deposits of money, or any thing of 
                  value, during the calendar year in which it is made is 
                  not less than the contribution limitation in effect 
                  under section 315(a)(1)(A) of the Federal Election 
                  Campaign Act of 1971 (52 U.S.C. 30116(a)(1)(A)) for 
                  elections occurring during such calendar year;
              ``(3) `covered individual' means an individual who has been 
          nominated or appointed to a covered position; and
              ``(4) `covered position'--
                      ``(A) means--
                              ``(i) a position described under sections 
                          5312 through 5316 of title 5, United States 
                          Code;
                              ``(ii) a position placed in level IV or V 
                          of the Executive Schedule under section 5317 of 
                          title 5, United States Code;
                              ``(iii) a position as a limited term 
                          appointee, limited emergency appointee, or 
                          noncareer appointee in the Senior Executive 
                          Service, as defined under paragraphs (5), (6), 
                          and (7), respectively, of section 3132(a) of 
                          title 5, United States Code; and
                              ``(iv) a position in the executive branch 
                          of the Government of a confidential or policy-
                          determining character under schedule C of 
                          subpart C of part 213 of title 5 of the Code of 
                          Federal Regulations; and
                      ``(B) does not include a position if the individual 
                  serving in the position has been excluded from the 
                  application of section 101(f)(5);''.
      (b) Disclosure Requirements.--The Ethics in Government Act of 1978 
  (5 U.S.C. App.) is amended--
              (1) in section 101--
                      (A) in subsection (a)--
                              (i) by inserting ``(1)'' before ``Within'';
                              (ii) by striking ``unless'' and inserting 
                          ``and, if the individual is assuming a covered 
                          position, the information described in section 
                          102(j), except that, subject to paragraph (2), 
                          the individual shall not be required to file a 
                          report if''; and
                              (iii) by adding at the end the following:
      ``(2) If an individual has left a position described in subsection 
  (f) that is not a covered position and, within 30 days, assumes a 
  position that is a covered position, the individual shall, within 30 
  days of assuming the covered position, file a report containing the 
  information described in section 102(j)(2)(A).'';
                      (B) in subsection (b)(1), in the first sentence, by 
                  inserting ``and the information required by section 
                  102(j)'' after ``described in section 102(b)'';
                      (C) in subsection (d), by inserting ``and, if the 
                  individual is serving in a covered position, the 
                  information required by section 102(j)(2)(A)'' after 
                  ``described in section 102(a)''; and
                      (D) in subsection (e), by inserting ``and, if the 
                  individual was serving in a covered position, the 
                  information required by section 102(j)(2)(A)'' after 
                  ``described in section 102(a)''; and
              (2) in section 102--
                      (A) in subsection (g), by striking ``Political 
                  campaign funds'' and inserting ``Except as provided in 
                  subsection (j), political campaign funds''; and
                      (B) by adding at the end the following:
      ``(j)(1) In this subsection--
              ``(A) the term `applicable period' means--
                      ``(i) with respect to a report filed pursuant to 
                  subsection (a) or (b) of section 101, the year of 
                  filing and the 4 calendar years preceding the year of 
                  the filing; and
                      ``(ii) with respect to a report filed pursuant to 
                  subsection (d) or (e) of section 101, the preceding 
                  calendar year; and
              ``(B) the term `covered gift' means a gift that--
                      ``(i) is made to a covered individual, the spouse 
                  of a covered individual, or the dependent child of a 
                  covered individual;
                      ``(ii) is made by an entity described in item (aa) 
                  or (bb) of section 109(2)(A)(i)(II); and
                      ``(iii) would have been required to be reported 
                  under subsection (a)(2) if the covered individual had 
                  been required to file a report under section 101(d) 
                  with respect to the calendar year during which the gift 
                  was made.
      ``(2)(A) A report filed pursuant to subsection (a), (b), (d), or 
  (e) of section 101 by a covered individual shall include, for each 
  covered contribution made by or on behalf of, or that was solicited in 
  writing by or on behalf of, the covered individual during the 
  applicable period--
              ``(i) the date on which the covered contribution was made;
              ``(ii) if applicable, the date or dates on which the 
          covered contribution was solicited;
              ``(iii) the value of the covered contribution;
              ``(iv) the name of the person making the covered 
          contribution; and
              ``(v) the name of the person receiving the covered 
          contribution.
      ``(B)(i) Subject to clause (ii), a covered contribution made by or 
  on behalf of, or that was solicited in writing by or on behalf of, a 
  covered individual shall constitute a conflict of interest, or an 
  appearance thereof, with respect to the official duties of the covered 
  individual.
      ``(ii) The Director of the Office of Government Ethics may exempt a 
  covered contribution from the application of clause (i) 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 Government.
      ``(3) A report filed pursuant to subsection (a) or (b) of section 
  101 by a covered individual shall include the information described in 
  subsection (a)(2) with respect to each covered gift received during the 
  applicable period.''.
      (c) Provision of Reports and Ethics Agreements to Congress.--
  Section 105 of the Ethics in Government Act of 1978 (5 U.S.C. App.) is 
  amended by adding at the end the following:
      ``(e) Not later than 30 days after receiving a written request from 
  the Chairman or Ranking Member of a committee or subcommittee of either 
  House of Congress with jurisdiction of the agency in which a covered 
  individual has been nominated for appointment to a covered position or 
  is serving in a covered position, the Director of the Office of 
  Government Ethics shall provide to the Chairman or Ranking Member, 
  respectively, each report filed under this title by the covered 
  individual and any ethics agreement entered into between the agency and 
  the covered individual.''.
      (d) 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 
  agency.
      (e) Technical and Conforming Amendments.--
              (1) The Ethics in Government Act of 1978 (5 U.S.C. App.) is 
          amended--
                      (A) in section 101(f)--
                              (i) in paragraph (9), by striking ``section 
                          109(12)'' and inserting ``section 109(15)'';
                              (ii) in paragraph (10), by striking 
                          ``section 109(13)'' and inserting ``section 
                          109(16)'';
                              (iii) in paragraph (11), by striking 
                          ``section 109(10)'' and inserting ``section 
                          109(13)''; and
                              (iv) in paragraph (12), by striking 
                          ``section 109(8)'' and inserting ``section 
                          109(11)'';
                      (B) in section 103(l)--
                              (i) in paragraph (9), by striking ``section 
                          109(12)'' and inserting ``section 109(15)''; 
                          and
                              (ii) in paragraph (10), by striking 
                          ``section 109(13)'' and inserting ``section 
                          109(16)''; and
                      (C) in section 105(b)(3)(A), by striking ``section 
                  109(8) or 109(10)'' and inserting ``section 109(11) or 
                  109(13)''.
              (2) Section 3(4)(D) of the Lobbying Disclosure Act of 1995 
          (2 U.S.C. 1602(4)(D)) is amended by striking ``section 
          109(13)'' and inserting ``section 109(16)''.
              (3) Section 21A of the Securities Exchange Act of 1934 (15 
          U.S.C. 78u-1) is amended--
                      (A) in subsection (g)(2)(B)(ii), by striking 
                  ``section 109(11) of the Ethics in Government Act of 
                  1978 (5 U.S.C. App. 109(11)))'' and inserting ``section 
                  109 of the Ethics in Government Act of 1978 (5 U.S.C. 
                  App.))''; and
                      (B) in subsection (h)(2)--
                              (i) in subparagraph (B), by striking 
                          ``section 109(8) of the Ethics in Government 
                          Act of 1978 (5 U.S.C. App. 109(8))'' and 
                          inserting ``section 109 of the Ethics in 
                          Government Act of 1978 (5 U.S.C. App.)''; and
                              (ii) in subparagraph (C), by striking 
                          ``section 109(10) of the Ethics in Government 
                          Act of 1978 (5 U.S.C. App. 109(10))'' and 
                          inserting ``section 109 of the Ethics in 
                          Government Act of 1978 (5 U.S.C. App.)''.
              (4) Section 499(j)(2) of the Public Health Service Act (42 
          U.S.C. 290b(j)(2)) is amended by striking ``section 109(16) of 
          the Ethics in Government Act of 1978'' and inserting ``section 
          109 of the Ethics in Government Act of 1978 (5 U.S.C. App.)''.
target: Conflicts from Political Fundraising Act of 2017 This bill amends the Ethics in Government Act of 1978 to revise financial disclosure requirements for federal personnel, including: (1) the disclosure of contributions made or solicited by, or on behalf of, individuals nominated or appointed to high level executive positions or to positions of a confidential or policymaking character to political action committees and tax-exempt social welfare or business organizations; and (2) the disclosure of certain gifts to appointees, their spouses, or dependent children. The Office of Government Ethics shall, upon request, provide to the Chairman or Ranking Member of a House or Senate committee or subcommittee with jurisdiction over the agency to which an individual has been nominated or appointed to a covered position (certain Executive Schedule or Senior Executive Service positions) or is serving in a covered position, each financial disclosure report filed by such individual and any ethics agreement entered into between the agency and the individual. The office shall issue rules on how an executive branch agency shall address conflicts of interest identified in disclosures through ethics agreements between the agency and its appointees.
feat_title: Conflicts from Political Fundraising Act of 2017