Sec. 109. Legal expense funds
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/bill/117/s/5315/is/section-109·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
In this section— the term legal expense fund means a fund— to be used to defray legal expenses incurred in investigative, civil, criminal, or other legal proceedings relating to or arising by virtue of service by an officer or employee as an officer or employee; that may not be used for personal legal matters, including tax planning, personal injury litigation, protection of property rights, divorces, or estate probate; that may only be used to defray legal expenses for a single officer or single employee; that may be established or controlled by the officer or employee, or by a third party, in accordance with the requirements of this section; and that may accept contributions, in accordance with this section; the term lobbying activity has the meaning given that term in section 3 of the Lobbying Disclosure Act of 1995 ( 2 U.S.C. 1602 ); the term officer or employee means— an officer, as defined in section 2104 of title 5, United States Code; an employee, as defined in section 2105 of title 5, United States Code; a Member of Congress, as defined in section 2106 of title 5, United States Code; the Vice President; and the President; the term relative has the meaning given that term in section 3110 of title 5, United States Code; and the term supervising ethics office has the meaning given that term in section 109 of the Ethics in Government Act of 1978 (5 U.S.C.
App.). Subject to the limitations and regulations promulgated under this section, an officer or employee may establish, maintain, and use a legal expense fund. The Director of the Office of Public Integrity shall promulgate regulations establishing limits with respect to contributions to legal expense funds for officers or employees, which shall, at a minimum, prohibit an officer or employee from accepting contributions for a legal expense fund— from a single contributor (other than a relative of the officer or employee) in a total amount of more than $5,000 during any calendar year; from a registered lobbyist; from an agent of a foreign principal; from any person seeking official action from or doing business with the Executive agency, office, or entity employing the officer or employee; from any person conducting activities regulated by the Executive agency, office, or entity employing the officer or employee; from any person whose interests may be substantially affected by the performance or nonperformance of the official duties of the officer or employee; or for an officer or employee of an Executive agency, from any person that has engaged in lobbying activities, or on whose behalf lobbying activities have been engaged with, with respect to the Executive agency during the 2-year period ending on the date of the contribution.
An officer or employee who wishes to establish, or directly or indirectly receive money from, a legal expense fund shall submit to the supervising ethics office with respect to the officer or employee a written notice that includes— the name and contact information for any proposed trustee of the legal expense fund; a copy of any proposed trust document for the legal expense fund; the nature of the legal proceeding (or proceedings) which necessitate the establishment of the legal expense fund; an acknowledgment that the officer or employee will be bound by the regulations and limitation under this section; and an acknowledgment that the officer or employee bears ultimate responsibility for proper administration of the legal expense fund.
An officer or employee may not solicit or accept contributions to a legal expense fund until after the supervising ethics office has received and approved the written notice submitted under paragraph (1). An officer or employee who establishes, or directly or indirectly receives money from, a legal expense fund shall submit to the supervising ethics office with respect to the officer or employee a quarterly report that discloses, with respect to the quarter covered by the report— the source and amount of each contribution to the legal expense fund; and the amount, recipient, and purpose of each expenditure from the legal expense fund.
Each supervising ethics office shall make publicly available online each report submitted under paragraph
(1)in a searchable, sortable, and downloadable form. An officer or employee in the executive branch, other than the President and the Vice President, who receives a contribution to a legal expense fund of the officer or employee may not participate in any matter that has or would have a direct and substantial impact on the person making the contribution during the 2-year period beginning on the date on which the contribution is received.
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Sec. 109
Legal expense funds
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