,,ii #aaeth ,,congress #b;d ,session ,s4 #cceg ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,august #ba1 #bjah ,ms4 ,warren introduced the following bill2 which was read twice and referred to the ,committee on ,finance ,a ,,bill ,to improve the anti-corruption and public integrity laws1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,anti-,corruption and ,public ,integrity ,act4 #b4 ,table of contents ,the table of contents for this ,act is as follows3 ,sec4 #a4 ,short title4 ,sec4 #b4 ,table of contents4 ,sec4 #c4 ,applicability4 ,title ,i--,public ,integrity1 ,ethics1 ,conflicts of ,interest1 and ,revolving ,door ,subtitle ,a--,conflicts of ,interest ,sec4 #aja4 ,definitions4 ,sec4 #ajb4 ,lobbyist ban4 ,sec4 #ajc4 ,conflicts of interest law expansions4 ,sec4 #ajd4 ,golden parachutes ban4 ,sec4 #aje4 ,conflicts of interest rules for senior government officials4 ,sec4 #ajf4 ,general public integrity rules4 ,sec4 #ajg4 ,legal expense funds4 ,sec4 #ajh4 ,penalties4 ,subtitle ,b--,presidential ,conflicts of ,interest ,sec4 #aaa4 ,short title4 ,sec4 #aab4 ,divestiture of personal financial interests of the ,president and ,vice ,president that pose a potential conflict of interest4 ,sec4 #aac4 ,recusal of appointees4 ,sec4 #aad4 ,contracts by the ,president or ,vice ,president4 ,sec4 #aae4 ,presidential transition ethics programs4 ,sec4 #aaf4 ,sense of ,congress regarding violations4 ,sec4 #aag4 ,rule of construction4 ,sec4 #aah4 ,severability4 ,title ,,ii--,lobbying ,reform ,sec4 #bja4 ,enforcement by the ,office of ,public ,integrity4 ,sec4 #bjb4 ,definitions4 ,sec4 #bjc4 ,registration of lobbyists4 ,sec4 #bjd4 ,reports by lobbyists4 ,sec4 #bje4 ,prohibition on foreign lobbying4 ,sec4 #bjf4 ,prohibition of contributions by lobbyists4 ,sec4 #bjg4 ,prohibition on contingent fee lobbying4 ,sec4 #bjh4 ,prohibition on provision of gifts or travel by registered lobbyists4 ,sec4 #bji4 ,application of ,general ,schedule to ,congress4 ,sec4 #baj4 ,reestablishment of ,office of ,technology ,assessment4 ,sec4 #baa4 ,progressive tax on lobbying expenditures4 ,sec4 #bab4 ,disclosure of registration status4 ,title ,,iii--,rulemaking ,reform ,sec4 #cja4 ,disclosure of conflicts of interest4 ,sec4 #cjb4 ,increasing disclosures relating to studies and research4 ,sec4 #cjc4 ,disclosure of inter-governmental rule changes4 ,sec4 #cjd4 ,justification of withdrawn rules4 ,sec4 #cje4 ,negotiated rulemaking4 ,sec4 #cjf4 ,streamlining ,,oira review4 ,sec4 #cjg4 ,limiting temporary court injunctions and postponing of final rules pending judicial review4 ,sec4 #cjh4 ,penalizing individuals that submit false information to agencies4 ,sec4 #cji4 ,establishment of the ,office of the ,public ,advocate4 ,sec4 #caj4 ,actions by private persons4 ,sec4 #caa4 ,scope of review4 ,sec4 #cab4 ,expanding rulemaking notifications4 ,sec4 #cac4 ,public petitions4 ,sec4 #cad4 ,amendment to ,congressional ,review ,act4 ,sec4 #cae4 ,cost-benefit analysis4 ,sec4 #caf4 ,sense of ,congress4 ,title ,,iv--,judicial ,ethics ,sec4 #dja4 ,clarification of gift ban4 ,sec4 #djb4 ,restrict privately funded educational events and speeches4 ,sec4 #djc4 ,code of ,conduct4 ,sec4 #djd4 ,improving disclosure4 ,sec4 #dje4 ,appointment of administrative law judges4 ,sec4 #djf4 ,improve reporting on judicial diversity4 ,sec4 #djg4 ,pleading standards4 ,sec4 #djh4 ,availability of judicial opinions4 ,title ,v--,enforcement ,subtitle ,a--,office of ,public ,integrity ,sec4 #eaa4 ,establishment of ,office of ,public ,integrity4 ,sec4 #eab4 ,designated agency ethics officials4 ,subtitle ,b--,inspectors ,general ,sec4 #eca4 ,general supervision and removal of ,inspectors ,general4 ,subtitle ,c--,office of ,congressional ,ethics ,sec4 #eea4 ,definitions4 ,sec4 #eeb4 ,the ,office of ,congressional ,ethics4 ,sec4 #eec4 ,establishment of the ,board of the ,office of ,congressional ,ethics4 ,sec4 #eed4 ,duties and ,powers of the ,office and the ,board4 ,sec4 #eee4 ,review process of complaints4 ,sec4 #eef4 ,personnel matters4 ,sec4 #eeg4 ,authorization of appropriations4 ,sec4 #eeh4 ,conforming amendments and rules of construction4 ,subtitle ,d--,applicability ,sec4 #ega4 ,applicability4 ,title ,,vi--,transparency and ,government ,records ,subtitle ,a--,transparency for ,federal ,personnel and ,candidates for ,federal ,office ,sec4 #fja4 ,categories relating to the amount or value of certain income4 ,sec4 #fjb4 ,disclosure of personal income tax returns by ,presidents1 ,vice ,presidents1 ,members of ,congress1 and certain candidates4 ,sec4 #fjc4 ,transparency relating to candidates for ,federal office and ,members of ,congress4 ,subtitle ,b--,think ,tank1 ,nonprofit1 and ,advocate ,transparency ,sec4 #faa4 ,amendments to the ,lobbying ,disclosure ,act of #aiie4 ,sec4 #fab4 ,amendments to the ,internal ,revenue ,code of #aihf4 ,subtitle ,c--,strengthening ,,foia ,enforcement ,sec4 #fba4 ,strengthening ,,foia enforcement4 ,sec4 #fbb4 ,exemptions from disclosure4 ,sec4 #fbc4 ,public interest balancing test4 ,sec4 #fbd4 ,affirmative disclosure of agency records on website4 ,sec4 #fbe4 ,applicability4 ,subtitle ,d--,federal ,contractor ,transparency ,sec4 #fca4 ,expanding applicability of the ,freedom of ,information ,act to ,federal contractors4 ,sec4 #fcb4 ,public disclosure by large contractors4 ,subtitle ,e--,congressional ,transparency ,sec4 #fda4 ,increased transparency of committee work4 ,sec4 #fdb4 ,increased transparency of recorded votes4 ,sec4 #fdc4 ,increased transparency of appropriations bills4 #c4 ,applicability ,except as provided otherwise in this ,act1 this ,act and the amendments made by this ,act shall apply on and after the date that is #a year after the date of enactment of this ,act4 ,i ,public ,integrity1 ,ethics1 ,conflicts of ,interest1 and ,revolving ,door ,a ,conflicts of ,interest #aja4 ,definitions ,in this title3 7#a7 ,agency ,the term agency has the meaning given the term in section #eea of title #e1 ,united ,states ,code4 7#b7 ,agent of a foreign principal ,the term agent of a foreign principal has the meaning given the term in section #a of the ,foreign ,agents ,registration ,act of #aich 7#bb ,u4,s4,c4 #faa74 7#c7 ,bank holding company ,the term bank holding company has the meaning given the term in section #b of the ,bank ,holding ,company ,act of #aief 7#ab ,u4,s4,c4 #ahda74 7#d7 ,corporate lobbyist ,the term corporate lobbyist has the meaning given the term in section #aji of the ,ethics in ,government ,act of #aigh1 as amended by section #bjb of this ,act4 7#e7 ,covered entity ,the term covered entity means any entity that is-- 7,a7 7i7 a for-profit company2 or 7ii7 a bank holding company1 a savings and loan holding company1 or any other financial institution2 and 7,b7 7i7 operating under ,federal settlement1 including a ,federal consent decree2 or 7ii7 the subject of an enforcement action in a court of the ,united ,states or by an agency4 7#f7 ,executive agency ,the term ,executive agency-- 7,a7 has the meaning given the term in section #aje of title #e1 ,united ,states ,code2 and 7,b7 includes the ,executive ,office of the ,president4 7#g7 ,gross receipts ,the term gross receipts has the meaning given the term in section #iic7;f7 of the ,internal ,revenue ,code of #aihf4 7#h7 ,lobbyist ,the term lobbyist has the meaning given the term in section #aji of the ,ethics in ,government ,act of #aigh1 as amended by section #bjb of this ,act4 7#i7 ,qualified small business ,the term qualified small business means a corporation1 company1 firm1 partnership1 or other business enterprise1 that has gross receipts for the previous taxable year of less than #e1jjj1jjj4 7#aj7 ,savings and loan holding company ,the term savings and loan holding company has the meaning given the term in section #aj7;a7 of the ,home ,owners' ,loan ,act 7#ab ,u4,s4,c4 #adfg;a7a774 7#aa7 ,senior executive ,the term senior executive includes-- 7,a7 a chief executive officer2 7,b7 a chief financial officer2 7,c7 a chief operating officer2 7,d7 a chief compliance officer2 7,e7 any senior government relationship official2 and 7,f7 any other senior executive1 as determined by the ,director of the ,office of ,public ,integrity4 7#ab7 ,senior government official ,the term senior government official means-- 7,a7 any individual described in section #aja7;f7 of the ,ethics in ,government ,act of #aigh 7#e ,u4,s4,c4 ,app471 including-- 7i7 any individual in a position on any level of the ,executive ,schedule under subchapter ,,ii of chapter #ec of title #e1 ,united ,states ,code2 7ii7 a political appointee in the ,executive ,office of ,president or in the ,office of the ,vice ,president2 and 7iii7 an individual employed in a position in the executive branch of the ,government of a confidential or policy-determining character under schedule ,c of subpart ,c of part #bac of title #e1 ,code of ,federal ,regulations2 7,b7 an individual employed in a position in the ,senior ,executive ,service2 7,c7 an individual employed in a position at the ,,gs-#ad level or higher2 and 7,d7 an individual employed in a position not under the ,general ,schedule for which the rate of basic pay is equal to or greater than the minimum rate of basic pay payable for ,,gs-#ad of the ,general ,schedule4 #ajb4 ,lobbyist ban 7a7 ,lobbyists 7#a7 ,executive branch 7,a7 ,lobbyists ,no former registered lobbyist or agent of a foreign principal who has engaged in a lobbying contact1 as defined in section #c of the ,lobbying ,disclosure ,act of #aiie 7#b ,u4,s4,c4 #afjb71 during his or her registration may be hired as an officer or employee of an ,executive agency during the #b-year period beginning on the date on which the registered lobbyist terminates his or her registration in accordance with section #d7;d7 of the ,lobbying ,disclosure ,act of #aiie 7#b ,u4,s4,c4 #afjc7;d77 or the agent terminates his or her status1 as applicable4 7,b7 ,corporate lobbyists ,no former registered corporate lobbyist may be hired as an officer or employee of an ,executive agency during the #f-year period beginning on the date on which the registered corporate lobbyist terminates its registration in accordance with section #d7;d7 of the ,lobbying ,disclosure ,act of #aiie 7#b ,u4,s4,c4 #afjc7;d77 or the agent terminates its status1 as applicable4 7,c7 ,waiver rules and eligibility 7i7 ,positions requiring ,senate confirmation ,the ,president may waive the ban described in subparagraph 7,a7 for any appointment to a position in an ,executive agency that requires the advice and consent of the ,senate based on a compelling national need4 7ii7 ,other positions ,the ,president or the ,director of the ,office of ,public ,integrity may waive the ban described in subparagraph 7,a7 and the prior employer recusal provision described in section #bjh7;e7 of title #ah1 ,united ,states ,code1 as added by section #ajc7;a7 of this ,act for any appointment to a position in an ,executive agency that does not require the advice and consent of the ,senate4 7iii7 ,requirements ,a waiver made under this subparagraph shall-- 7,i7 be made publicly available and searchable by the ,director of the ,office of ,public ,integrity2 7,,ii7 include a justification sent to ,congress for why the registered lobbyist or agent of a foreign principal1 as applicable1 brings unique and relevant expertise such that it is not practical to find an alternative candidate with the same skill set2 and 7,,iii7 with respect to a nomination to a position described in clause 7i7-- 7aa7 specifically identify the next-best candidate who was not a registered lobbyist or agent of a foreign principal1 as applicable2 and 7bb7 include a justification for why the next-best candidate was not nominated for the position4 7#b7 ,legislative branch 7,a7 ,lobbyists ,no former registered lobbyist or agent of a foreign principal may be hired as an officer or employee of a ,member of ,congress or a committee of either ,house of ,congress during the #b-year period beginning on the date on which the registered lobbyist terminates its registration in accordance with section #d7;d7 of the ,lobbying ,disclosure ,act of #aiie 7#b ,u4,s4,c4 #afjc7;d77 or the agent terminates its status1 as applicable4 7,b7 ,corporate lobbyists ,no former registered lobbyist or agent of a foreign principal may be hired as an officer or employee of a ,member of ,congress or a committee of either ,house of ,congress during the #f-year period beginning on the date on which the registered corporate lobbyist terminates its registration in accordance with section #d7;d7 of the ,lobbying ,disclosure ,act of #aiie 7#b ,u4,s4,c4 #afjc7;d77 or the agent terminates its status1 as applicable4 7,c7 ,waiver rules and eligibility 7i7 ,in general ,any ,member of ,congress may waive the ban described in subparagraph 7,a7 for an officer or employee of that ,member of ,congress or of a committee of either ,house of ,congress on which the ,member serves as a chair or ranking member based on a compelling national need4 7ii7 ,requirements ,a waiver made under this subparagraph shall-- 7,i7 be submitted to the ,select ,committee on ,ethics of the ,senate or the ,committee on ,ethics of the ,house of ,representatives1 as applicable1 and to the ,office of ,congressional ,ethics2 7,,ii7 be made publicly available and searchable by the ,office of ,congressional ,ethics2 7,,iii7 include a justification made publicly available for why the registered lobbyist or agent of a foreign principal1 as applicable1 brings unique and relevant expertise such that it is not practical to find an alternative candidate with the same skill set2 and 7,,iv7 be made only after the ,congressional ,ethics ,board submits to the ,member of ,congress and to the ,select ,committee on ,ethics of the ,senate or the ,committee on ,ethics of the ,house of ,representatives1 as applicable1 a public recommendation regarding such a waiver4 7b7 ,other banned individuals 7#a7 ,contractors 7,a7 ,in general ,no former employee of a for-profit entity that was awarded a ,federal contract or ,federal license by an ,executive agency may be an officer or employee of the ,executive agency that awarded the contract or ,federal license during the #d-year period beginning on the date on which the employee terminates its employment with the entity4 7,b7 ,waiver ,the ban described in subparagraph 7,a7 may be waived in accordance with subsection 7a77#a77;,c74 7#b7 ,senior executives of law-breaking companies ,no former senior executive of a covered entity may be an officer or employee of an ,executive agency1 a ,member of ,congress1 a committee of either ,house of ,congress1 or either ,house of ,congress during the #f-year period beginning on the later of-- 7,a7 the date of the settlement2 and 7,b7 the date on which the enforcement action has concluded4 #ajc4 ,conflicts of interest law expansions 7a7 ,executive branch ,section #bjh of title #ah1 ,united ,states ,code1 is amended by adding at the end the following3 7e7 7#a7 ,in this subsection1 the term ,executive agency has the meaning given the term in section #aja of the ,anti-,corruption and ,public ,integrity ,act4 7#b7 7,a7 ,no officer or employee of an ,executive agency may own or trade any individual stock1 bond1 commodity1 future1 and other form of security1 including an interest in a hedge fund1 a derivative1 option1 or other complex investment vehicle if the ,director of the ,office of ,public ,integrity 7or the designated agency ethics official of the agency that employs the individual7 determines that the value of the stock or security may be directly influenced by an action of the ,executive agency4 7,b7 ,subparagraph 7,a7 shall not apply to-- 7i7 a widely held investment fund described in section #ajb7;f77#h7 of the ,ethics in ,government ,act of #aigh 7#e ,app4 ,u4,s4,c4 #ajb7;f77#h771 if such investment meets the requirements described in section #aje7;b77#b7 of the ,anti-,corruption and ,public ,integrity ,act2 7ii7 shares of ,settlement ,common ,stock issued under section #g7;g77#a77;,a7 of the ,alaska ,native ,claims ,settlement ,act 7#dc ,u4,s4,c4 #afjf7;g77#a77;,a772 or 7iii7 shares of ,settlement ,common ,stock1 as defined in section #c of the ,alaska ,native ,claims ,settlement ,act 7#dc ,u4,s4,c4 #afjb74 7,c7 ,whoever violates subparagraph 7,a7 shall be punished as provided in section #baf4 7,d7 ,the ,director of the ,office of ,public ,integrity may waive subparagraph 7,a7 for an officer or employee of an ,executive agency on a case-by-case basis if the ,director-- 7i7 determines that there is no possibility for1 or the appearance of1 a conflict of interest2 or 7ii7 approves a plan for necessary recusals that ensures that no conflict of interest exists4 7#c7 7,a7 ,except as provided in subparagraphs 7,b7 and 7,c71 each officer and employee of any ,executive agency shall be recused from1 and may not in any way attempt to use their official position to influence1 any particular matter1 including an adjudication1 procurement1 or rulemaking1 that the officer or employee knows is likely to have a direct and predictable effect on the financial interest of-- 7i7 any person for whom the officer or employee had1 during the previous #d-year period1 served as an officer1 director1 trustee1 general partner1 agent1 attorney1 consultant1 contractor1 employee1 or direct competitor2 or 7ii7 any organization other than a political organization described in section #ebg7;e7 of the ,internal ,revenue ,code of #aihf in which the employee is an active participant4 7,b7 ,this paragraph shall not apply to-- 7i7 the ,president2 7ii7 the ,vice ,president2 7iii7 any individual in a position on any level of the ,executive ,schedule under subchapter ,,ii of chapter #ec of title #e2 7iv7 any individual appointed to a position in an ,executive agency by and with the advice and consent of the ,senate2 7v7 an officer or employee who served as an officer1 director1 trustee1 general partner1 agent1 attorney1 consultant1 contractor1 or employee of a tribal organization 7as defined in section #d of the ,indian ,self-,determination and ,education ,assistance ,act 7#be ,u4,s4,c4 #ecjd77 or an intertribal consortium of federally recognized ,indian tribes with respect to a matter that is likely to have a direct and predictable effect on the financial interest of the tribal organization or intertribal consortium2 or 7vi7 any individual who receives a waiver under subparagraph 7,c74 7,c7 7i7 ,the ,director of ,public ,integrity may waive the requirements of this paragraph for any officer or employee 7except individuals described in clause 7iii77,,iii774 7ii7 ,officers and employees may only apply to the ,director of ,public ,integrity for a waiver under this subparagraph if the individual agrees to comply with the ,conflicts of ,interest ,rules for ,senior ,government ,officials in subsections 7a7 and 7c7 of section #aje of the ,anti-,corruption and ,public ,integrity ,act4 7iii7 ,a waiver made under this subparagraph-- 7,i7 shall be made publicly available and searchable2 7,,ii7 shall include a justification sent to ,congress for why the waiver is in the national interest2 and 7,,iii7 may not be granted if the individual received a waiver under section #ajb7;a77#a77;,c7 of the ,anti-,corruption and ,public ,integrity ,act4 7iv7 ,the ,director of ,public ,integrity may deny a waiver under this subparagraph for any reason4 4 7b7 ,legislative branch 7#a7 ,divestment ,except as provided in paragraph 7#e71 no senior government official in the legislative branch 7including ,members of ,congress7 may own or trade any individual stock1 bonds1 commodity1 future1 and other form of security1 including an interest in a hedge fund1 a derivative1 option1 or other complex investment vehicle4 7#b7 ,committee staff rule ,no officer or employee of a committee of either ,house of ,congress may maintain1 own1 or trade any substantial holdings 7including individual stocks and securities7 which may be directly affected by the actions of the committee for which the individual works1 unless the ,select ,committee on ,ethics of the ,senate or the ,committee on ,ethics of the ,house of ,representatives1 as applicable1 approves of such holdings in writing after consultation with the supervisor of the officer or employee and the ,office of ,congressional ,ethics4 7#c7 ,general conflicts of interest rule for congressional staff and members ,no ,member1 officer1 or employee of a committee or ,member of either ,house of ,congress may knowingly use his or her official position to introduce or aid the progress or passage of legislation1 a principal purpose of which is to further only his or her pecuniary interest1 only the pecuniary interest of his or her immediate family1 or only the pecuniary interest of a limited class of persons or enterprises1 when he or she1 or his or her immediate family1 or enterprises controlled by them1 are members of the affected class4 7#d7 ,general stock and securities rule ,an officer or employee of a committee or ,member of either ,house of ,congress1 who is not a senior government employee covered by paragraph 7#a71 shall be in violation of paragraph 7#c7 if-- 7,a7 the officer or employee owns or trades individual stocks or securities2 and 7,b7 the value of such stocks or securities may be influenced by actions taken by the individual in his or her official position1 as determined by the ,select ,committee on ,ethics of the ,senate or the ,committee on ,ethics of the ,house of ,representatives1 as applicable1 in consultation with the ,office of ,congressional ,ethics4 7#e7 ,exception ,nothing in this subsection shall be construed to prevent an employee or officials of a ,member of ,congress or a ,member of ,congress from owning-- 7,a7 a widely held investment fund described in section #ajb7;f77#h7 of the ,ethics in ,government ,act of #aigh 7#e ,app4 ,u4,s4,c4 #ajb7;f77#h771 if the investment meets the requirements described in section #aje7;b77#b72 7,b7 shares of ,settlement ,common ,stock issued under section #g7;g77#a77;,a7 of the ,alaska ,native ,claims ,settlement ,act 7#dc ,u4,s4,c4 #afjf7;g77#a77;,a772 or 7,c7 shares of ,settlement ,common ,stock1 as defined in section #c of the ,alaska ,native ,claims ,settlement ,act 7#dc ,u4,s4,c4 #afjb74 #ajd4 ,golden parachutes ban 7a7 ,in general ,section #bji of title #ah1 ,united ,states ,code1 is amended-- 7#a7 in subsection 7a7-- 7,a7 by striking any salary and inserting any bonus or salary2 and 7,b7 by striking his services and inserting services rendered or to be rendered2 and 7#b7 in subsection 7b7-- 7,a7 by inserting 7#a7 after 7b72 and 7,b7 by adding at the end the following3 7#b7 7,a7 ,in this paragraph1 the term compensation includes a retention award or bonus1 severance pay1 and any other payment linked to future service in the ,federal ,government in any way4 7,b7 ,for purposes of paragraph 7#a71 a pension1 retirement1 group life1 health or accident insurance1 profit-sharing1 stock bonus1 or other employee welfare or benefit plan that makes payment of compensation contingent on accepting a position in the ,federal ,government shall not be considered bona fide4 4 7b7 ,permissible payments ,section #a4dji;,a-#c7;j77#d77;iii7 of title #bf1 ,code of ,federal ,regulations1 shall have no force or effect4 #aje4 ,conflicts of interest rules for senior government officials 7a7 ,required divestments of conflicted assets 7#a7 ,stocks and securities ,no senior government official may own or trade any individual stock1 bonds1 commodity1 future1 and other form of security1 including an interest in a hedge fund1 a derivative1 option1 or other complex investment vehicle4 7#b7 ,commercial real estate ,no senior government official may maintain ownership in commercial real estate1 unless ownership of such commercial real estate is necessary for a qualified small business described in paragraph 7#d77;,b74 7#c7 ,trusts 7,a7 ,in general ,no senior government official may maintain a financial interest in any trust1 including a family trust1 if the supervising ethics agency determines that the trust includes any-- 7i7 asset that might present a conflict of interest2 or 7ii7 individual stock1 bonds1 commodity1 future1 and other form of security1 including an interest in a hedge fund1 a derivative1 option1 or other complex investment vehicle4 7,b7 ,exception ,subparagraph 7,a7 shall not apply to a trust described in section #ajb7;f77#b7 of the ,ethics in ,government ,act of #aigh 7#e ,u4,s4,c4 ,app474 7#d7 ,businesses and companies 7,a7 ,in general ,no senior government official may maintain ownership in a privately owned or closely held corporation1 company1 firm1 partnership1 or other business enterprise4 7,b7 ,exception ,subparagraph 7,a7 shall not apply to a qualified small business4 7b7 ,nonconflicted assets 7#a7 ,in general ,a senior government official may maintain assets that do not present a conflict of interest1 including-- 7,a7 a widely held investment fund-- 7i7 described in section #ajb7;f77#h7 of the ,ethics in ,government ,act of #aigh 7#e ,u4,s4,c4 ,app472 and 7ii7 that meets the requirements described in paragraph 7#b72 7,b7 real estate used solely as a personal residence2 7,c7 cash1 certificates of deposit1 or other forms of savings accounts2 7,d7 a federally managed asset1 including-- 7i7 financial interests in or income derived from-- 7,i7 any retirement system under title #e1 ,united ,states ,code 7including the ,thrift ,savings ,plan under subchapter ,,iii of chapter #hd of such title72 or 7,,ii7 any other retirement system maintained by the ,united ,states for officers or employees of the ,united ,states1 including the ,president1 or for members of the uniformed services2 7ii7 benefits received under the ,social ,security ,act 7#db ,u4,s4,c4 #cja et seq472 and 7iii7 an asset in the ,federal ,employee ,investment ,account described in paragraph 7#c72 7,e7 bonds1 bills1 and notes issued by a governmental sources1 such as the ,federal ,government1 ,state1 or other municipality2 7,f7 shares of ,settlement ,common ,stock issued under section #g7;g77#a77;,a7 of the ,alaska ,native ,claims ,settlement ,act 7#dc ,u4,s4,c4 #afjf7;g77#a77;,a772 and 7,g7 shares of ,settlement ,common ,stock1 as defined in section #c of the ,alaska ,native ,claims ,settlement ,act 7#dc ,u4,s4,c4 #afjb74 7#b7 ,widely held investment fund requirements ,a senior government official may not maintain a widely held investment fund1 unless-- 7,a7 the widely held investment fund is certified as not presenting a conflict of interest by the applicable supervising ethics office2 and 7,b7 any instructions to a manager of the widely held investment fund are shared with the applicable supervising ethics office4 7#c7 ,federal ,employee ,investment ,account 7,a7 ,in general ,there are established in the ,treasury of the ,united ,states accounts for senior government officials to maintain investments in the stock and securities markets to be known as ,federal ,employee ,investment ,accounts4 7,b7 ,divestment ,to comply with the requirements under this ,act1 a senior government official may sell an asset or security1 including those assets or securities that present a conflict of interest under subsection 7a71 and invest the resulting funds into the ,federal ,employee ,investment ,accounts4 7,c7 ,management ,the ,federal ,retirement ,thrift ,investment ,board shall manage ,federal ,employee ,investment ,accounts in a manner similar to other retirement funds managed by the ,board and in accordance with subchapter ,,iii of chapter #hd of title #e1 ,united ,states ,code1 for any ,federal employee or official who wishes to temporarily invest funds4 7,d7 ,withdrawal ,a senior government officials may withdraw funds from their ,federal ,employee ,investment ,account at any time without penalty4 7c7 ,post-,employment restrictions 7#a7 ,in general ,section #bjg of title #ah1 ,united ,states ,code1 is amended-- 7,a7 by striking subsections 7c71 7d71 and 7e7 and inserting the following3 7c7 ,lobbying restrictions 7#a7 ,in general ,in addition to the restrictions set forth in subsections 7a7 and 7b71 any ,president1 ,vice ,president1 ,member of ,congress1 or officer or employee compensated at a rate of pay specified in or fixed according to subchapter ,,ii of chapter #ec of title #e1 after the termination of his or her service or employment with the ,united ,states who-- 7,a7 works as a registered lobbyist2 or 7,b7 knowingly makes1 with the intent to influence1 any communication to or appearance before any officer or employee of any department1 agency1 ,member1 officer1 or employee of either ,house of ,congress or any employee of any other legislative office of the ,congress1 on behalf of any other person 7except the ,united ,states or the ,district of ,columbia7 for compensation1 in connection with any matter on which such person seeks official action by any ,member1 officer1 or employee of either ,house of ,congress1 or any employee or officer of any department or agency1 shall be punished as provided in section #baf of this title4 7#b7 ,other officials 7,a7 ,in general ,any officer or employee in the executive or legislative branch of the ,united ,states who1 during the time period described in subparagraph 7,b7 makes1 with the intent to influence1 any communication to or appearance before their former office1 agency1 or ,house of ,congress1 for compensation1 shall be punished as provided in section #baf of this title4 7,b7 ,time period ,the time period described in this subparagraph is as follows3 7i7 ,with respect to an officer or employee of the legislative branch1 #b years after the termination of service or employment as an officer or employee4 7ii7 ,with respect to an officer or employee of the executive branch1 the later of-- 7,i7 the date on which a ,president other than the ,president serving during the employment of the officer or employee takes office2 and 7,,ii7 the date on which the #b-year period beginning on the date of the termination of service or employment as an officer or employee expires4 7iii7 ,with respect to an officer or employee of the executive branch of the ,united ,states who becomes a corporate lobbyist1 the later of-- 7,i7 the date on which a ,president other than the ,president serving during the employment of the officer or employee takes office2 and 7,,ii7 the date on which the #f-year period beginning on the date of the termination of service or employment as an officer or employee expires4 7iv7 ,with respect to an officer or employee of the legislative branch of the ,united ,states who becomes a corporate lobbyist1 the date on which the #f-year period beginning on the date of the termination of service or employment as an officer or employee expires4 2 and 7,b7 by redesignating subsections 7f7 through 7l7 as subsections 7d7 through 7j71 respectively2 and 7,c7 by adding at the end the following3 7k7 ,other post-,employment restrictions 7#a7 ,definitions ,in this subsection3 7,a7 ,giant bank or company ,the term giant bank or company includes-- 7i7 any for-profit company or financial institution with greater than an average of #aej1jjj1jjj1jjj in market capitalization or revenue for the previous #c-year period2 7ii7 any ,federal contractor that received greater than #e1jjj1jjj1jjj in annual revenue from the ,federal ,government during the previous #c-year period2 and 7iii7 any for-profit company or financial institution that exerts monopolistic or monopsonistic control over a significant share of the market in its particular industry 7as defined by the ,director of the ,office of ,public ,integrity1 in consultation with the ,attorney ,general1 by regulation74 7,b7 ,lobbying contact ,the term lobbying contact has the meaning given the term in section #c of the ,lobbying ,disclosure ,act of #aiie 7#b ,u4,s4,c4 #afjb74 7,c7 ,registered lobbyist ,the term registered lobbyist means a lobbyist registered under the ,lobbying ,disclosure ,act of #aiie 7#b ,u4,s4,c4 #afja et seq474 7,d7 ,senior government official ,the term senior government official means-- 7i7 any individual described in section #aja7;f7 of the ,ethics in ,government ,act of #aigh 7#e ,u4,s4,c4 ,app471 including-- 7,i7 any individual in a position on any level of the ,executive ,schedule under subchapter ,,ii of chapter #ec of title #e1 ,united ,states ,code2 7,,ii7 a political appointee in the ,executive ,office of ,president or in the ,office of the ,vice ,president2 and 7,,iii7 an individual employed in a position in the executive branch of the ,government of a confidential or policy-determining character under schedule ,c of subpart ,c of part #bac of title #e of the ,code of ,federal ,regulations2 7ii7 an individual employed in a position in the ,senior ,executive ,service2 7iii7 an individual employed in a position at the ,,gs-#ad level or higher2 and 7iv7 an individual employed in a position not under the ,general ,schedule for which the rate of basic pay is equal to or greater than the minimum rate of basic pay payable for ,,gs-#ad of the ,general ,schedule4 7#b7 ,senior government official hiring restriction ,no for-profit corporation1 company1 firm1 partnership1 or other business enterprise may hire or directly or indirectly compensate 7including as consultants and lawyers7 any former senior government official1 for #a year after the official leaves government service1 from an agency1 department1 or congressional office that the corporation1 company1 firm1 partnership1 or other business enterprise made a lobbying contact in the past #b years4 7#c7 ,special rules 7,a7 ,procurement officers ,no company that is awarded a contract or license by the ,federal ,government may hire or compensate any former officer or employee in the executive branch of the ,united ,states who oversaw any of the company's contracts or licenses 7including any procurement officer1 any ,federal employee or official who participated in the contract or license selection1 any ,federal employee or official who determined or signed off on the technical requirements of the contract or license1 and any senior government official in the executive branch of the ,united ,states employed at the agency that granted the contract or license7 during the #d-year period beginning on the date on which the officer terminated employment with the ,united ,states4 7,b7 ,giant banks and companies 7i7 ,in general ,no giant bank or company may hire or directly or indirectly compensate 7including as consultants and lawyers7 any senior government official during the #d-year period beginning on the date on which the official terminated employment with the ,united ,states4 7ii7 ,income disclosures 7,i7 ,in general ,not later than #a year after the date of enactment of this clause1 each senior government official who terminates service on or after the date that is #a year after the date of enactment of this clause shall submit to the ,director of the ,office of ,public ,integrity an annual disclosure that includes all sources of income for the #d-year period beginning on the date on which the government official terminated employment with the ,united ,states4 7,,ii7 ,publicly available ,the ,director of the ,office of ,public ,integrity shall make a disclosure made under subclause 7,i7 publicly available for any official who had a report made in accordance with title ,i of the ,ethics in ,government ,act of #aigh 7#e ,u4,s4,c4 ,app47 made publicly available4 7,,iii7 ,automatic disclosure 7aa7 ,in general ,each senior government official subject to the disclosure requirement in subclause 7,i7 may consent to allow the ,director of the ,office of ,public ,integrity to obtain from the ,commissioner of ,internal ,revenue the information necessary to meet the requirements of subclause 7,i71 such that additional action is not required of the senior government official after such individual files a tax return4 7bb7 ,safe harbor ,any individual who consents under item 7aa7 shall not be subject to subclause 7,v74 7,,iv7 ,memorandum of understanding ,not later than #a year after the date of enactment of this subclause1 the ,director of the ,office of ,public ,integrity and the ,commissioner of ,internal ,revenue shall enter into a cooperative agreement or memorandum of understanding to establish secure means to allow for the necessary information exchange in subclause 7,,iii7 for senior government officials who wish to avail themselves of the automatic disclosure under subclause 7,,iii74 7,v7 ,penalties 7aa7 ,civil action ,the ,attorney ,general or the ,director of the ,office of ,public ,integrity may bring a civil action in any appropriate ,united ,states district court against any individual who knowingly and willfully falsifies or who knowingly and willfully fails to disclose any information that such individual is required to disclose pursuant to this clause4 ,the court in which such action is brought may assess against such individual a civil penalty in any amount1 not to exceed #ej1jjj4 7bb7 ,criminal penalties 7,,aa7 ,prohibition ,it shall be unlawful for any person to knowingly and willfully falsify any information that such person is required to disclose under this clause4 ,it shall be unlawful for any person to fail to disclose any information that such person is required to disclose under this clause4 7,,bb7 ,penalties ,any person who violates the first sentence of subitem 7,,aa7 shall be fined under title #ah1 ,united ,states ,code1 imprisoned for not more than #a year1 or both4 ,any person who violates the second sentence of subitem 7,,aa7 shall be fined under title #ah1 ,united ,states ,code4 7#d7 ,penalties 7,a7 ,in general ,the ,director of ,office of ,public ,integrity may impose a civil penalty or a sanction on any entity or giant bank or company upon making a determination1 after reasonable notice and opportunity for a hearing1 that the entity or giant bank or company has violated paragraph 7#b7 or 7#c77;,b74 7,b7 ,amount of civil penalties ,a civil penalty imposed for a violation under subparagraph 7,a7 shall-- 7i7 in the case of an initial violation1 be not less than #a percent of the net profit of the entity or giant bank or company for the previous year2 7ii7 in the case of a second violation1 not less than #b percent of the net profit of the entity or giant bank or company for the previous year2 and 7iii7 in the case of a third or subsequent violation1 not less than #e percent of the net profit of the entity or giant bank or company for the previous year4 7,c7 ,other penalties and sanctions companies ,in addition to a civil penalty imposed under this clause1 after reasonable notice and an opportunity for a hearing1 if the ,director of the ,office of ,public ,integrity determines that a company has violated paragraph 7#b7 or 7#c77;,b71 the ,director may impose a sanction on an entity or a giant bank or company1 including-- 7i7 prohibiting the entity or giant bank or company from employing any former employee or officer of the ,federal ,government for a period of time not to exceed #h years2 7ii7 prohibiting the company from doing business with the ,federal ,government1 receiving a contract or license from the ,federal ,government1 or otherwise participating in ,federal ,government programs1 for a period of time not to exceed #h years4 7,d7 ,civil penalties for executive officers of companies 7i7 ,definition ,in this subclause1 the term compensation includes1 based on information required to be reported any ,federal agency during the period in which a violation of paragraph 7#b7 or 7#c77;,b7 occurred-- 7,i7 the proceeds of any sale of stock2 and 7,,ii7 any incentive-based compensation 7including stock options awarded as compensation74 7ii7 ,civil penalty ,in addition to the penalties described in subparagraphs 7,b7 and 7,c71 after reasonable notice and an opportunity for a hearing1 that an executive officer of an entity or giant bank or company has knowingly1 or with gross negligence1 violated paragraph 7#b7 or 7#c77;,b71 or contributed to the violation of a paragraph 7#b7 or 7#c77;,b71 the ,director may assess a civil penalty against the executive officer not to exceed the amount of the officer's compensation for each year during which the violations occurred4 7,e7 ,mitigating factors ,in determining the amount of any penalties assessed under this paragraph1 the ,director of the ,office of ,public ,integrity or the court shall take into account the appropriateness of the penalty with respect to-- 7i7 the size of financial resources and good faith of the entity1 giant bank or company1 or senior executive2 7ii7 the gravity of the violation or failure to pay2 7iii7 the history of previous violations2 and 7iv7 such other matters as justice may require4 7,f7 ,authority to modify or remit penalty ,the ,director of the ,office of ,public ,integrity may compromise1 modify1 or remit any penalty under this paragraph1 which may be assessed or had already been assessed4 ,the amount of such penalty1 when finally determined1 shall be exclusive of any sums owed by the person to the ,united ,states in connection with the costs of the proceeding1 and may be deducted from any sums owing by the ,united ,states to the person charged4 7,g7 ,notice and hearing ,no civil penalty may be assessed under this paragraph with respect to a violation of paragraph 7#b7 or 7#c77;,b7 unless-- 7i7 the ,director of the ,office of ,public ,integrity gives notice and an opportunity for a hearing to the person accused of the violation2 or 7ii7 the appropriate court has ordered such assessment and entered judgment in favor of the ,director of the ,office of ,public ,integrity4 4 7#b7 ,technical and conforming amendments ,section #bjg of title #ah1 ,united ,states ,code1 is amended-- 7,a7 in subsection 7d71 as redesignated by paragraph 7#a7 of this subsection1 is amended by striking 7d71 or 7e72 7,b7 in subsection 7f77#b71 as redesignated by paragraph 7#a7 of this subsection1 in the second sentence1 by striking 7c77#b77;,a77i7 or 7iii7 and inserting 7c72 7,c7 in subsection 7g77#a71 as redesignated by paragraph 7#a7 of this subsection-- 7i7 in subparagraph 7,a71 by striking 7a71 7c71 and 7d7 and inserting 7a7 and 7c72 and 7ii7 in subparagraph 7,b71 by striking 7f7 and inserting 7d72 and 7,d7 in subsection 7h71 as redesignated by paragraph 7#a7 of this subsection-- 7i7 by striking subsections 7c71 7d71 and 7e7 each place the term appears and inserting subsection 7c72 7ii7 in paragraph 7#e71 by striking 7a71 7c71 and 7d7 and inserting 7a7 and 7c72 and 7iii7 in paragraph 7#g77;,b71 by striking subsections 7c71 7d71 or 7e7 and inserting subsection 7c74 7#c7 ,restrictions on ,federal examiners of financial institutions ,section #aj7k7 of the ,federal ,deposit ,insurance ,act 7#ab ,u4,s4,c4 #ahbj7k77 is amended-- 7,a7 in the subsection header1 by striking ,one-year and inserting ,four-,year2 and 7,b7 in paragraph 7#a7-- 7i7 in subparagraph 7,b71 by striking senior2 and 7ii7 in subparagraph 7,c71 by striking #a year and inserting #d years4 #ajf4 ,general public integrity rules 7a7 ,outside employment ban ,the limitations described in section #ejb of the ,ethics in ,government ,act of #aigh 7#e ,u4,s4,c4 ,app47 shall apply to full-time senior government officials4 7b7 ,volunteer service rule ,all ,federal laws or regulations relating to conflicts of interest or other ethics issues 7as defined in section #dji of the ,ethics in ,government ,act of #aigh1 as added by section #eaa of this ,act7 shall apply to any individual who is employed by the ,federal ,government and voluntarily refuses compensation for such employment consistent with applicable law4 7c7 ,special government employee rule ,all ,federal ethics rules shall apply to a ,special ,government ,employee beginning on the date that is #fa days after the date on which the ,special ,government ,employee commences employment4 7d7 ,indebtedness rule 7#a7 ,in general ,except as provided in paragraph 7#b71 no senior government official 7except a ,member of ,congress1 the ,president1 and the ,vice ,president7 may-- 7,a7 in the course of official duty1 meet or communicate with1 or work on any particular matter that affects1 any person to whom the senior government official owes more than #ajj1jjj2 or 7,b7 receive a loan of more than #ajj1jjj from any person the senior government official has met or communicated with1 or plans to meet or communicate with1 during the course of their official duty4 7#b7 ,exception ,paragraph 7#a7 shall not apply to-- 7,a7 commercial debt such as residential mortgages1 car loans1 credit card debt1 student loans1 or any debts owed to domestic financial institutions on terms generally available to the public2 or 7,b7 meetings with domestic financial institutions4 #ajg4 ,legal expense funds 7a7 ,definitions ,in this section-- 7#a7 the term legal expense fund means a fund-- 7,a7 to be used to defray legal expenses incurred in investigative1 civil1 criminal1 or other legal proceedings relating to or arising by virtue of service by an officer or employee as an officer or employee2 7,b7 that may not be used for personal legal matters1 including tax planning1 personal injury litigation1 protection of property rights1 divorces1 or estate probate2 7,c7 that may only be used to defray legal expenses for a single officer or single employee2 7,d7 that may be established or controlled by the officer or employee1 or by a third party1 in accordance with the requirements of section2 and 7,e7 that may accept contributions1 in accordance with this section2 7#b7 the term lobbying activity has the meaning given that term in section #c of the ,lobbying ,disclosure ,act of #aiie 7#b ,u4,s4,c4 #afjb72 7#c7 the term officer or employee means-- 7,a7 an officer1 as defined in section #bajd of title #e1 ,united ,states ,code2 7,b7 an employee1 as defined in section #baje of title #e1 ,united ,states ,code2 7,c7 a ,member of ,congress1 as defined in section #bajf of title #e1 ,united ,states ,code2 7,d7 the ,vice ,president2 and 7,e7 the ,president2 7#d7 the term relative has the meaning given that term in section #caaj of title #e1 ,united ,states ,code2 and 7#e7 the term supervising ethics office has the meaning given that term in section #aji of the ,ethics in ,government ,act of #aigh 7#e ,u4,s4,c4 ,app474 7b7 ,authorization for legal expense funds ,subject to the limitations and regulations promulgated under this section1 an officer or employee may establish1 maintain1 and use a legal expense fund4 7c7 ,limits on contributions ,the ,director of the ,office of ,public ,integrity shall promulgate regulations establishing limits with respect to contributions to legal expense funds for officers or employees1 which shall1 at a minimum1 prohibit an officer or employee from accepting contributions for a legal expense fund-- 7#a7 from a single contributor 7other than a relative of the officer or employee7 in a total amount of more than #e1jjj during any calendar year2 7#b7 from a registered lobbyist2 7#c7 from an agent of a foreign principal2 7#d7 from any person seeking official action from or doing business with the agency1 office1 or entity employing the officer or employee2 7#e7 from any person conducting activities regulated by the agency1 office1 or entity employing the officer or employee2 7#f7 from any person whose interests may be substantially affected by the performance or nonperformance of the official duties of the officer or employee2 or 7#g7 for an officer or employee of an ,executive agency1 from any person that has engaged in lobbying activities1 or on whose behalf lobbying activities have been engaged with1 with respect to the ,executive agency during the #b-year period ending on the date of the contribution4 7d7 ,written notice 7#a7 ,in general ,an officer or employee who wishes to establish a legal expense fund shall submit to the supervising ethics office with respect to the officer or employee a written notice that includes-- 7,a7 the name and contact information for any proposed trustee of the legal expense fund2 7,b7 a copy of any proposed trust document for the legal expense fund2 7,c7 the nature of the legal proceeding 7or proceedings7 which necessitate the establishment of the legal expense fund2 7,d7 an acknowledgment that the officer or employee will be bound by the regulations and limitation under this section2 and 7,e7 an acknowledgment that the officer or employee bears ultimate responsibility for proper administration of the legal expense fund4 7#b7 ,approval ,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 7#a74 7e7 ,reporting 7#a7 ,in general ,an officer or employee who establishes a legal expense fund shall submit to the supervising ethics office with respect to the officer or employee a quarterly report that discloses1 with respect to the quarter covered by the report-- 7,a7 the source and amount of each contribution to the legal expense fund2 and 7,b7 the amount1 recipient1 and purpose of each expenditure from the legal expense fund4 7#b7 ,public availability ,each supervising ethics office shall make publicly available online each report submitted under paragraph 7#a7 in a searchable1 sortable1 and downloadable form4 7f7 ,recusal ,an officer or employee in the executive branch1 other than the ,president and the ,vice ,president1 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 #b-year period beginning on the date on which the contribution is received4 #ajh4 ,penalties 7a7 ,civil fines ,the ,attorney ,general or the ,director of the ,office of ,public ,integrity may bring a civil action in the appropriate ,united ,states district court against any person who engages in conduct constituting a violation of this title and1 upon proof of such conduct by a preponderance of the evidence1 such person shall be subject to a civil penalty of not more than #ej1jjj for each violation or the amount of compensation which the person received or offered for the prohibited conduct1 whichever amount is greater4 ,the imposition of a civil penalty under this subsection does not preclude any other criminal or civil statutory1 common law1 or administrative remedy1 which is available by law to the ,united ,states or any other person4 7b7 ,order prohibiting conduct ,if the ,attorney ,general or the ,director of the ,office of ,public ,integrity has reason to believe that a person is engaging in conduct constituting an offense under this title1 the ,attorney ,general or the ,director of the ,office of ,public ,integrity1 as applicable1 may petition an appropriate ,united ,states district court for an order prohibiting that person from engaging in such conduct4 ,the court may issue an order prohibiting that person from engaging in such conduct if the court finds that the conduct constitutes such an offense4 ,the filing of a petition under this section does not preclude any other remedy which is available by law to the ,united ,states or any other person4 ,b ,presidential conflicts of interest #aaa4 ,short title ,this title may be cited as the ,presidential ,conflicts of ,interest ,act of #bjah4 #aab4 ,divestiture of personal financial interests of the ,president and ,vice ,president that pose a potential conflict of interest 7a7 ,definitions 7#a7 ,in general ,in this section-- 7,a7 the term conflict-free holding means a financial interest described in section #ajb7;f77#h7 of the ,ethics in ,government ,act of #aigh 7#e ,u4,s4,c4 ,app472 7,b7 the term financial interest posing a potential conflict of interest means a financial interest of the ,president1 the ,vice ,president1 the spouse of the ,president or ,vice ,president1 or a minor child of the ,president or ,vice ,president1 as applicable1 that-- 7i7 would constitute a financial interest described in subsection 7a7 of section #bjh of title #ah1 ,united ,states ,code-- 7,i7 if-- 7aa7 for purposes of such section #bjh1 the terms officer and employee included the ,president and the ,vice ,president2 and 7bb7 the ,president or ,vice ,president1 as applicable1 participated as described in subsection 7a7 of such section #bjh in relation to such financial interest2 and 7,,ii7 if determined without regard to any exception under subsection 7b7 of such section #bjh2 or 7ii7 may constitute a present1 emolument1 office1 or title1 of any kind whatever1 from any king1 prince1 or foreign state 7including from an entity owned or controlled by a foreign government71 within the meaning of article ,i1 section #i of the ,constitution of the ,united ,states2 7,c7 the term qualified blind trust has the meaning given that term in section #ajb7;f77#c7 of the ,ethics in ,government ,act of #aigh 7#e ,u4,s4,c4 ,app471 unless otherwise specified in this title2 and 7,d7 the term tax return-- 7i7 means any ,federal income tax return and any amendment or supplement thereto1 including supporting schedules1 attachments1 or lists which are supplemental to1 or part of1 the return for the taxable year2 and 7ii7 includes any information return that reports information that does or may affect the liability for tax for the taxable year4 7#b7 ,applicability of ,ethics in ,government ,act of #aigh ,for purposes of the definition of qualified blind trust in this section1 the term supervising ethics officer in section #ajb7;f77#c7 of the ,ethics in ,government ,act of #aigh 7#e ,u4,s4,c4 ,app47 means the ,director of the ,office of ,public ,integrity4 7b7 ,initial financial disclosure 7#a7 ,submission of disclosure 7,a7 ,in general ,not later than #cj days after assuming the office of ,president or ,vice ,president1 respectively1 the ,president and ,vice ,president shall submit to ,congress and the ,director of the ,office of ,public ,integrity a disclosure of financial interests4 7,b7 ,application to sitting ,president and ,vice ,president ,for any individual who is serving as the ,president or ,vice ,president on the date of enactment of this ,act1 the disclosure of financial interests shall be submitted to ,congress and the ,director of the ,office of ,public ,integrity not later than #cj days after the date of enactment of this ,act4 7#b7 ,contents 7,a7 ,president ,the disclosure of financial interests submitted under paragraph 7#a7 by the ,president shall-- 7i7 describe in detail each financial interest of the ,president1 the spouse of the ,president1 or a minor child of the ,president2 7ii7 at a minimum1 include the information relating to each such financial interest that is required for reports under section #ajb of the ,ethics in ,government ,act of #aigh 7#e ,u4,s4,c4 ,app472 and 7iii7 include the tax returns filed by or on behalf of the ,president for-- 7,i7 the #c most recent taxable years2 and 7,,ii7 each taxable year for which an audit of the return by the ,internal ,revenue ,service is pending on the date the report is filed4 7,b7 ,vice ,president ,the disclosure of financial interests submitted under paragraph 7#a7 by the ,vice ,president shall-- 7i7 describe in detail each financial interest of the ,vice ,president1 the spouse of the ,vice ,president1 or a minor child of the ,vice ,president2 7ii7 at a minimum1 include the information relating to each such financial interest that is required for reports under section #ajb of the ,ethics in ,government ,act of #aigh 7#e ,u4,s4,c4 ,app472 and 7iii7 include the tax returns filed by or on behalf of the ,vice ,president for-- 7,i7 the #c most recent taxable years2 and 7,,ii7 each taxable year for which an audit of the return by the ,internal ,revenue ,service is pending on the date the report is filed4 7c7 ,divestiture of financial interests posing a potential conflict of interest 7#a7 ,in general ,the ,president1 the ,vice ,president1 the spouse of the ,president or ,vice ,president1 and any minor child of the ,president or ,vice ,president shall divest of any financial interest posing a potential conflict of interest by transferring such interest to a qualified blind trust4 7#b7 ,trustee duties ,within a reasonable period of time after the date a financial interest is transferred to a qualified blind trust under paragraph 7#a71 the trustee of the qualified blind trust shall-- 7,a7 sell the financial interest2 and 7,b7 use the proceeds of the sale of the financial interest to purchase conflict-free holdings4 7d7 ,review by ,office of ,public ,integrity 7#a7 ,in general ,the ,director of the ,office of ,public ,integrity shall submit to ,congress1 the ,president1 and the ,vice ,president an annual report regarding the financial interests of the ,president1 the ,vice ,president1 the spouse of the ,president or ,vice ,president1 and any minor child of the ,president or ,vice ,president4 7#b7 ,contents ,each report submitted under paragraph 7#a7 shall-- 7,a7 indicate whether any financial interest of the ,president1 the ,vice ,president1 the spouse of the ,president or ,vice ,president1 or a minor child of the ,president or ,vice ,president is a financial interest posing a potential conflict of interest2 7,b7 evaluate whether any previously held financial interest of the ,president1 the ,vice ,president1 the spouse of the ,president or ,vice ,president1 or a minor child of the ,president or ,vice ,president that was a financial interest posing a potential conflict of interest was divested in accordance with subsection 7c72 and 7,c7 redact such information as the ,director of the ,office of ,public ,integrity determines necessary for preventing identity theft1 such as social security numbers or taxpayer identification numbers4 7e7 ,enforcement 7#a7 ,in general ,the ,attorney ,general1 the attorney general of any ,state1 or any person aggrieved by any violation of subsection 7c7 may seek declaratory or injunctive relief in a court of competent jurisdiction if-- 7,a7 the ,director of the ,office of ,public ,integrity is unable to issue a report indicating whether the ,president or the ,vice ,president is in substantial compliance with subsection 7c72 or 7,b7 there is probable cause to believe that the ,president or the ,vice ,president has not complied with subsection 7c74 7#b7 ,fair market value ,in granting injunctive relief to the plaintiff1 the court shall take measures reasonably necessary to ensure that any divestment procedure seeks to obtain a fair market value for any asset that is liquidated4 #aac4 ,recusal of appointees ,section #bjh of title #ah1 ,united ,states ,code1 as amended by section #ajc of this ,act1 is amended by adding at the end the following3 7f7 7#a7 ,any officer or employee appointed by the ,president shall recuse himself or herself from any particular matter involving specific parties in which a party to that matter is-- 7,a7 the ,president who appointed the officer or employee1 which shall include any entity in which the ,president has a substantial interest2 or 7,b7 the spouse of the ,president who appointed the officer or employee1 which shall include any entity in which the spouse of the ,president has a substantial interest4 7#b7 7,a7 ,subject to subparagraph 7,b71 if an officer or employee is recused under paragraph 7#a71 a career appointee in the agency of the officer or employee shall perform the functions and duties of the officer or employee with respect to the matter4 7,b7 7i7 ,in this subparagraph1 the term ,commission means a board1 commission1 or other agency for which the authority of the agency is vested in more than #a member4 7ii7 ,if the recusal of a member of a ,commission from a matter under paragraph 7#a7 would result in there not being a statutorily required quorum of members of the ,commission available to participate in the matter1 notwithstanding such statute or any other provision of law1 the members of the ,commission not recused under paragraph 7#a7 may-- 7,i7 consider the matter without regard to the quorum requirement under such statute2 7,,ii7 delegate the authorities and responsibilities of the ,commission with respect to the matter to a subcommittee of the ,commission2 or 7,,iii7 designate an officer or employee of the ,commission who was not appointed by the ,president who appointed the member of the ,commission recused from the matter to exercise the authorities and duties of the recused member with respect to the matter4 7#c7 ,any officer or employee who negligently violates paragraph 7#a7 shall be subject to the penalties set forth in section #baf4 7#d7 ,for purposes of this section1 the term particular matter shall have the meaning given the term in section #bjg7;g74 4 #aad4 ,contracts by the ,president or ,vice ,president 7a7 ,amendment ,section #dca of title #ah1 ,united ,states ,code1 is amended-- 7#a7 in the section heading1 by inserting the ,president1 ,vice ,president1 or a after ,contracts by2 and 7#b7 in the first undesignated paragraph1 by inserting the ,president or ,vice ,president1 after ,whoever1 being4 7b7 ,table of sections amendment ,the table of sections for chapter #bc of title #ah1 ,united ,states ,code1 is amended by striking the item relating to section #dca and inserting the following3 #dca4 ,contracts by the ,president1 ,vice ,president1 or a ,member of ,congress4 4 #aae4 ,presidential transition ethics programs ,the ,presidential ,transition ,act of #aifc 7#c ,u4,s4,c4 #ajb note7 is amended-- 7#a7 in section #c7;f7 by adding at the end the following3 7#c7 ,the ,president-elect shall submit to the ,committee on ,homeland ,security and ,governmental ,affairs of the ,senate and the ,committee on ,oversight and ,government ,reform of the ,house of ,representatives a list of-- 7,a7 any individual for whom an application for a security clearance was submitted1 not later than #aj days after the date on which the application was submitted2 and 7,b7 any individual provided a security clearance1 not later than #aj days after the date on which the security clearance was provided4 2 7#b7 in section #d-- 7,a7 in subsection 7a7-- 7i7 in paragraph 7#c71 by striking and at the end2 7ii7 by redesignating paragraph 7#d7 as paragraph 7#e72 and 7iii7 by inserting after paragraph 7#c7 the following3 7#d7 the term nonpublic information-- 7,a7 means information from the ,federal ,government that a transition member obtains as part of the employment of the member that such member knows or reasonably should know has not been made available to the general public2 and 7,b7 includes information that a member of the transition team knows or reasonably should know-- 7i7 is exempt from disclosure under section #eeb of title #e1 ,united ,states ,code1 or otherwise protected from disclosure by law2 and 7ii7 is not authorized by the appropriate government agency or official to be released to the public2 and 2 and 7,b7 in subsection 7g7-- 7i7 in paragraph 7#a71 by striking ,november and inserting ,october2 and 7ii7 by adding at the end the following3 7#c7 ,ethics plan 7,a7 ,in general ,each memorandum of understanding under paragraph 7#a7 shall include an agreement that the eligible candidate will implement and enforce an ethics plan to guide the conduct of the transition beginning on the date on which the eligible candidate becomes the ,president-elect4 7,b7 ,contents ,the ethics plan shall include1 at a minimum-- 7i7 a description of the ethics requirements that will apply to all members of the transition team1 including any specific requirement for transition team members who will have access to nonpublic or classified information2 7ii7 a description of how the transition team will-- 7,i7 address the role on the transition team of-- 7aa7 lobbyists registered under the ,lobbying ,disclosure ,act of #aiie 7#b ,u4,s4,c4 #afja et seq47 and individuals who were former lobbyists registered under that ,act2 7bb7 persons registered under the ,foreign ,agents ,registration ,act 7#bb ,u4,s4,c4 #faa et seq471 foreign nationals1 and other foreign agents2 and 7cc7 transition team members with sources of income or clients that are not disclosed to the public2 7,,ii7 prohibit a transition team member with conflicts of interest1 including conflicts1 as described in section #bfce4djb7;a7 and section #bfce4ejb7;a7 of title #e1 ,code of ,federal ,regulations1 related to current or former employment1 affiliations1 clients1 or investments1 from working on particular matters involving specific parties that affect the interests of such member2 and 7,,iii7 address how the covered eligible candidate will address their own conflicts of interest during a ,presidential term if the covered eligible candidate becomes the ,president-elect2 7iii7 a ,code of ,ethical ,conduct1 to which each member of the transition team will sign and be subject to1 that reflects the content of the ethics plans under this paragraph and at a minimum requires transition team members to-- 7,i7 seek authorization from transition team leaders or their designees before seeking1 on behalf of the transition1 access to any nonpublic information2 7,,ii7 keep confidential any nonpublic information provided in the course of the duties of the member with the transition and exclusively use such information for the purposes of the transition2 and 7,,iii7 not use any nonpublic information provided in the course of transition duties1 in any manner1 for personal or private gain for the member or any other party at any time during or after the transition2 and 7iv7 a description of how the transition team will enforce the ,code of ,ethical ,conduct1 including the names of the members of the transition team responsible for enforcement1 oversight1 and compliance4 7,c7 ,publicly available ,the transition team shall make the ethics plan described in this paragraph publicly available on the ,internet website of the ,general ,services ,administration the earlier of-- 7i7 the day on which the memorandum of understanding is completed2 or 7ii7 ,october #a4 2 and 7#c7 in section #f7;b7-- 7,a7 in paragraph 7#a7-- 7i7 in subparagraph 7,a71 by striking and at the end2 7ii7 in subparagraph 7,b71 by striking the period at the end and inserting a semicolon2 and 7iii7 by adding at the end the following3 7,c7 a list of all positions each transition team member has held outside the ,federal ,government for the previous #ab-month period1 including paid1 unpaid1 and uncompensated positions2 7,d7 sources of compensation of each transition team member exceeding #e1jjj a year for the previous #ab-month period2 7,e7 a description of the role of the member on the transition team1 including a list of any policy issues that the member expects to work on1 and a list of agencies the member expects to interact with1 while serving on the transition team2 7,f7 a list of any issues from which each transition team member will be recused while serving as a member of the transition team pursuant to the transition team ethics plan outlined in section #d7;g77#c72 and 7,g7 an affirmation that the transition team member does not have a financial conflict of interest that precludes the member from working on the matters described in subparagraph 7,e74 2 7,b7 in paragraph 7#b71 by inserting not later than #b business days after public2 and 7,c7 by adding at the end the following3 7#c7 ,the head of a ,federal department or agency1 or their designee1 shall not permit access to the agency or employees of the agency that would not be provided to a member of the public for any transition team member who does not make the disclosures listed under paragraph 7#a74 4 #aaf4 ,sense of ,congress regarding violations ,it is the sense of ,congress that a violation of section #ajb of this ,act or the ,ethics in ,government ,act of #aigh 7#e ,u4,s4,c4 ,app47 by the ,president or the ,vice ,president would constitute a high crime or misdemeanor under article ,,ii1 section #d of the ,constitution of the ,united ,states4 #aag4 ,rule of construction ,nothing in this title or an amendment made by this title shall be construed to violate the ,constitution of the ,united ,states4 #aah4 ,severability ,if any provision of this title or any amendment made by this title1 or any application of such provision or amendment to any person or circumstance1 is held to be unconstitutional1 the remainder of the provisions of this title and the amendments made by this title1 and the application of the provision or amendment to any other person or circumstance1 shall not be affected4 ,,ii ,lobbying ,reform #bja4 ,enforcement by the ,office of ,public ,integrity ,the ,lobbying ,disclosure ,act of #aiie 7#b ,u4,s4,c4 #afja et seq47 is amended-- 7#a7 in section #d 7#b ,u4,s4,c4 #afjc7-- 7,a7 in subsection 7a77#a71 by striking ,secretary of the ,senate and the ,clerk of the ,house of ,representatives and inserting ,director of the ,office of ,public ,integrity2 and 7,b7 in subsection 7d71 in the flush text following paragraph 7#b71 by striking ,secretary of the ,senate and the ,clerk of the ,house of ,representatives and inserting ,director of the ,office of ,public ,integrity2 7#b7 in section #e 7#b ,u4,s4,c4 #afjd7-- 7,a7 in subsection 7a71 by striking ,secretary of the ,senate and the ,clerk of the ,house of ,representatives and inserting ,director of the ,office of ,public ,integrity2 7,b7 in subsection 7d77#a71 in the matter preceding subparagraph 7,a71 by striking ,secretary of the ,senate and the ,clerk of the ,house of ,representatives and inserting ,director of the ,office of ,public ,integrity2 and 7,c7 in subsection 7e7-- 7i7 by striking ,secretary of the ,senate or the ,clerk of the ,house of ,representatives and inserting ,director of the ,office of ,public ,integrity2 and 7ii7 by striking ,secretary of the ,senate and the ,clerk of the ,house of ,representatives and inserting ,director of the ,office of ,public ,integrity2 7#c7 in section #f7;a7 7#b ,u4,s4,c4 #afje7;a771 in the matter preceding paragraph 7#a71 by striking ,secretary of the ,senate and the ,clerk of the ,house of ,representatives and inserting ,director of the ,office of ,public ,integrity2 7#d7 in section #g7;a77#a7 7#b ,u4,s4,c4 #afjf7;a77#a771 by striking ,secretary of the ,senate or the ,clerk of the ,house of ,representatives and inserting ,director of the ,office of ,public ,integrity2 and 7#e7 in section #h7;c7 7#b ,u4,s4,c4 #afjg7;c771 by striking ,secretary of the ,senate or the ,clerk of the ,house of ,representatives and inserting ,director of the ,office of ,public ,integrity4 #bjb4 ,definitions ,section #c of the ,lobbying ,disclosure ,act of #aiie 7#b ,u4,s4,c4 #afjb7 is amended-- 7#a7 by redesignating paragraphs 7#d7 through 7#af7 as paragraphs 7#f7 through 7#ah71 respectively2 7#b7 by redesignating paragraph 7#c7 as paragraph 7#d72 7#c7 by inserting after paragraph 7#b7 the following3 7#c7 ,corporate lobbyist ,the term corporate lobbyist means a lobbyist that1 for financial or other compensation for services that include lobbying activities1 is employed or retained by a client that is-- 7,a7 a covered for-profit entity2 or 7,b7 an entity described in section #eja7;c77#f7 of the ,internal ,revenue ,code of #aihf of which #a or more members are covered for-profit entities4 2 7#d7 by inserting after paragraph 7#d71 as so redesignated1 the following3 7#e7 ,covered for-profit entity ,the term covered for-profit entity-- 7,a7 means-- 7i7 a corporation1 limited liability company1 or other entity that is created by the filing of a public document with a secretary of state of a ,state or similar office2 7ii7 a general partnership2 or 7iii7 any similar entity formed under the laws of a foreign jurisdiction2 and 7,b7 does not include-- 7i7 an entity described in paragraph 7#c71 7#d71 or 7#e7 of section #eja7;c7 of the ,internal ,revenue ,code of #aihf2 7ii7 a political organization1 as defined in section #ebg of such ,code1 that is exempt from taxation under that section4 2 7#e7 in paragraph 7#i71 as so redesignated1 by inserting provision of strategic advice1 and after planning activities12 7#f7 in paragraph 7#aj77;,b71 as so redesignated-- 7,a7 by striking clause 7v72 and 7,b7 by redesignating clauses 7vi7 through 7xix7 as clauses 7v7 through 7xviii71 respectively2 and 7#g7 by striking paragraph 7#ab71 as so redesignated1 and inserting the following3 7#ab7 ,lobbyist ,the term lobbyist-- 7,a7 means an individual who is employed or retained by a client for financial or other compensation-- 7i7 for services that include making #a or more lobbying contacts2 or 7ii7 to engage in lobbying activities that do not include making lobbying contacts2 and 7,b7 includes a corporate lobbyist4 4 #bjc4 ,registration of lobbyists ,section #d of the ,lobbying ,disclosure ,act of #aiie 7#b ,u4,s4,c4 #afjc7 is amended-- 7#a7 in subsection 7a7-- 7,a7 in paragraph 7#a7-- 7i7 by striking #de and inserting #cj2 7ii7 by striking first makes a lobbying contact and all that follows through retained to make a lobbying contact and inserting is first employed or retained to engage in lobbying activities on behalf of a client or first engages in lobbying activities2 and 7iii7 by striking #deth each place the term appears and inserting #cjth2 7,b7 in paragraph 7#c7-- 7i7 in subparagraph 7,a7-- 7,i7 by redesignating clauses 7i7 and 7ii7 as subclauses 7,i7 and 7,,ii71 respectively1 and adjusting the margins accordingly2 7,,ii7 in the matter preceding subclause 7,i71 as so redesignated1 by striking entity whose-- and inserting the following3 8entity-- 7i7 of which the-- 2 7,,iii7 in clause 7i71 as so designated-- 7aa7 in subclause 7,i71 as so redesignated1 by inserting 1 as estimated under section #e after #b1ejj2 and 7bb7 in subclause 7,,ii71 as so redesignated1 by inserting as estimated under section #e2 or after #aj1jjj12 7,,iv7 by inserting after clause 7i77,,ii71 as so designated1 the following3 7ii7 that engages in lobbying activities for less than #h hours1 2 and 7,v7 in the flush text following clause 7ii7-- 7aa7 by striking 7as estimated under section #e72 and 7bb7 by striking with respect to such client and inserting 1 in the case of a person or entity described in subclause 7,i7 or 7,,ii7 of clause 7i71 with respect to such client1 or1 in the case of a person or entity described in clause 7ii71 with respect to any client of the person or entity42 and 7ii7 in subparagraph 7,b71 by striking subparagraph 7,a7 and inserting subparagraph 7,a77i72 7#b7 in subsection 7b7-- 7,a7 by striking paragraph 7#d72 7,b7 by redesignating paragraphs 7#e7 and 7#f7 as paragraphs 7#d7 and 7#e71 respectively2 7,c7 in paragraph 7#d71 as so redesignated-- 7i7 in subparagraph 7,a7-- 7,i7 by striking the general issues areas and inserting each specific issue area2 and 7,,ii7 by striking and at the end2 7ii7 by redesignating subparagraph 7,b7 as subparagraph 7,c72 7iii7 by inserting after subparagraph 7,a7 the following3 7,b7 each specific action or inaction that1 as of the date of the registration1 has already been requested1 or that will be requested2 2 and 7iv7 in subparagraph 7,c71 as so redesignated-- 7,i7 by striking to the extent practicable1 specific issues that have and inserting each specific issue1 including any ,federal legislation1 rule1 or regulation1 or ,executive order1 that has2 and 7,,ii7 by striking are and inserting is2 7,d7 in paragraph 7#e71 as so redesignated1 by striking the period and inserting a semicolon2 and 7,e7 by inserting after paragraph 7#e71 as so redesignated1 the following3 7#f7 the name of each covered legislative branch official or covered executive branch official who1 as of the date of the registration1 has already been contacted1 or is likely to be contacted1 in any lobbying activity on behalf of the client2 and 7#g7 with respect to any person or entity that1 as of the date of the registration1 or has been retained1 by the registrant to engage in any lobbying activity on behalf of the client of the registrant-- 7,a7 the name1 address1 business telephone number1 and principal place of business of the person or entity2 7,b7 a description of any lobbying contact that1 as of the date of the registration1 has been made in1 or is likely to be made1 on behalf of the client of the registrant by the person or entity2 7,c7 with respect to the lobbying activity on behalf of the client of the registrant1 the amount that the registrant1 as of the date of the registration1 has paid1 or is likely to pay1 to the person or entity as compensation for the lobbying activity2 and 7,d7 the name of each employee of the person or entity who1 as of the date of the registration1 has supervised1 or who is likely to supervise1 any lobbying activity on behalf of the client of the registrant4 2 and 7#c7 by striking subsection 7c7 and inserting the following3 7c7 ,multiple clients ,in the case of a registrant that engages in lobbying activities on behalf of more than #a client1 the registrant shall file a separate registration for each client4 4 #bjd4 ,reports by lobbyists 7a7 ,quarterly reports ,section #e7;b7 of the ,lobbying ,disclosure ,act of #aiie 7#b ,u4,s4,c4 #afjd7;b77 is amended-- 7#a7 by striking paragraph 7#b7 and inserting the following3 7#b7 a statement of-- 7,a7 each specific issue with respect to which the registrant1 or any employee of the registrant1 engaged in lobbying activities1 including1 to the maximum extent practicable1 a statement of each bill number and reference to any specific ,federal rule or regulation1 ,executive order1 or any other program1 policy1 or position of the ,united ,states ,government2 7,b7 each lobbying activity that the registrant has engaged in on behalf of the client1 including-- 7i7 each document prepared by the registrant that was submitted to any covered legislative branch official or covered executive branch official2 7ii7 each meeting conducted that constituted a lobbying contact1 including the subject of the meeting1 the date of the meeting1 and the name and position of each individual who was a party to the meeting2 7iii7 each phone call made that constituted a lobbying contact1 including the subject of the phone call1 the date of the phone call1 and the name and position of each individual who was a party to the phone call2 and 7iv7 each email sent that constituted a lobbying contact1 including the subject of the email1 the date of the email1 and the name and position of each individual who was a party to the email2 7,c7 the name of each employee of the registrant who did not participate in the lobbying contact but engaged in lobbying activities in support of the lobbying contact and a description of any such lobbying activity2 and 7,d7 with respect to any person or entity retained by the registrant to engage in lobbying activities on behalf of the client of the registrant-- 7i7 the name1 address1 business telephone number1 and principal place of business of the person or entity2 7ii7 a description of any lobbying activity by the person or entity on behalf of the client of the registrant2 7iii7 the amount the registrant paid to the person or entity for any lobbying activity by the person or entity on the behalf of the client of the registrant2 7iv7 the name of each employee of the person or entity who supervised any lobbying activity by the person or entity on behalf of the client of the registrant2 and 7v7 the official action or inaction requested in the course of the lobbying activity2 4 7#b7 in paragraph 7#d71 by striking and at the end2 7#c7 in paragraph 7#e71 by striking the period and inserting 2 and2 and 7#d7 by adding at the end the following3 7#f7 a copy of any document transmitted to a covered legislative branch official or a covered executive branch official in the course of any lobbying activity by the registrant on behalf of the client4 4 7b7 ,estimates based on tax reporting system ,section #ae of the ,lobbying ,disclosure ,act 7#b ,u4,s4,c4 #afaj7 is repealed4 #bje4 ,prohibition on foreign lobbying 7a7 ,in general ,the ,lobbying ,disclosure ,act of #aiie 7#b ,u4,s4,c4 #afja et seq47 is amended-- 7#a7 by redesignating section #bf 7#b ,u4,s4,c4 #afad7 as section #bh2 and 7#b7 by inserting after section #be 7#b ,u4,s4,c4 #afac7 the following3 #bf4 ,prohibition on foreign lobbying 7a7 ,definition ,in this section-- 7#a7 the term covered lobbyist means-- 7,a7 a lobbyist that is registered or is required to register under section #d7;a77#a72 7,b7 an organization that employs #a or more lobbyists and is registered1 or is required to register1 under section #d7;a77#b72 and 7,c7 an employee listed or required to be listed as a lobbyist by a registrant under section #d7;b77#f7 or #e7;b77#b77;,c72 and 7#b7 the terms information-service employee1 public-relations counsel1 and publicity agent have the meanings given those terms in section #a of the ,foreign ,agents ,registration ,act of #aich 7#bb ,u4,s4,c4 #faa74 7b7 ,prohibition ,except as provided in subsection 7c71 a covered lobbyist may not accept financial or other compensation for services that include lobbying activities on behalf of a foreign entity4 7c7 ,exemptions ,the prohibition under subsection 7b7 shall not apply the following covered lobbyists3 7#a7 ,diplomatic or consular officers ,a duly accredited diplomatic or consular officer of a foreign government who is so recognized by the ,department of ,state1 while the officer is engaged exclusively in activities that are recognized by the ,department of ,state as being within the scope of the functions of the officer4 7#b7 ,officials of foreign governments ,an official of a foreign government1 if that government is recognized by the ,united ,states1 who is not a public-relations counsel1 a publicity agent1 or an information-service employee1 or a citizen of the ,united ,states1 whose name and status and the character of whose duties as an official are of public record in the ,department of ,state1 while said official is engaged exclusively in activities that are recognized by the ,department of ,state as being within the scope of the functions of the official4 7#c7 ,staff members of diplomatic or consular officers ,a member of the staff of1 or any person employed by1 a duly accredited diplomatic or consular officer of a foreign government who is so recognized by the ,department of ,state1 other than a public-relations counsel1 a publicity agent1 or an information-service employee1 whose name and status and the character of whose duties as such member or employee are of public record in the ,department of ,state1 while the member or employee is engaged exclusively in the performance of activities that are recognized by the ,department of ,state as being within the scope of the functions of the member or employee4 7#d7 ,persons engaging or agreeing to engage in the soliciting or collecting of funds for humanitarian relief ,a person engaging or agreeing to engage only in the soliciting or collecting of funds and contributions within the ,united ,states to be used only for medical aid and assistance1 or for food and clothing to relieve human suffering1 if the solicitation or collection of funds and contributions is in accordance with1 and subject to1 the provisions of the ,neutrality ,act of #aici 7#bb ,u4,s4,c4 #dda et seq471 and such rules and regulations as may be prescribed thereunder4 7#e7 ,certain persons qualified to practice law 7,a7 ,in general ,a person qualified to practice law1 insofar as the person engages1 or agrees to engage in1 the legal representation of a disclosed foreign entity before any court of law or any agency of the ,government of the ,united ,states4 7,b7 ,legal representation ,for the purpose of this paragraph1 legal representation does not include any attempt to influence or persuade agency personnel or officials other than in the course of-- 7i7 a judicial proceeding2 7ii7 a criminal or civil law enforcement inquiry1 investigation1 or proceeding2 or 7iii7 an agency proceeding required by statute or regulation to be conducted on the record4 7d7 ,penalties ,any person who knowingly violates this section shall be fined not more than #bjj1jjj1 imprisoned for not more than #e years1 or both1 and any compensation received for engaging in the unlawful activity shall be subject to disgorgement4 4 7b7 ,conforming amendment ,section #g of the ,lobbying ,disclosure ,act of #aiie 7#b ,u4,s4,c4 #afjf7 is amended-- 7#a7 in subsection 7a71 in the matter preceding paragraph 7#a71 by striking ,whoever and inserting ,except as otherwise provided in this ,act1 whoever2 and 7#b7 in subsection 7b71 by striking ,whoever and inserting ,except as otherwise provided in this ,act1 whoever4 #bjf4 ,prohibition of contributions by lobbyists ,title ,,iii of the ,federal ,election ,campaign ,act of #aiga 7#eb ,u4,s4,c4 #cjaja et seq47 is amended by adding at the end the following new section3 #cbe4 ,prohibition of contributions by lobbyists 7a7 ,in general ,it shall be unlawful for any lobbyist to make a contribution to any candidate for ,federal office or member of ,congress4 7b7 ,lobbyist defined ,in this section1 the term lobbyist means a lobbyist1 as defined in section #c of the ,lobbying ,disclosure ,act of #aiie 7#b ,u4,s4,c4 #afjb71 that is registered or is required to register under section #d7;a7 of that ,act4 4 #bjg4 ,prohibition on contingent fee lobbying ,the ,lobbying ,disclosure ,act of #aiie 7#b ,u4,s4,c4 #afja et seq47 is amended by inserting after section #bf1 as added by section #bje1 the following3 #bg4 ,prohibition on contingent fee arrangements 7a7 ,definitions ,in this section1 the term covered lobbyist means-- 7#a7 a lobbyist that is registered or is required to register under section #d7;a77#a72 7#b7 an organization that employs #a or more lobbyists and is registered1 or is required to register1 under section #d7;a77#b72 and 7#c7 an employee listed or required to be listed as a lobbyist by a registrant under section #d7;b77#f7 or #e7;b77#b77;,c74 7b7 ,prohibition ,a covered lobbyist may not be employed under1 or receive compensation in connection with1 an arrangement in which compensation paid to the covered lobbyist is contingent on the result of lobbying activities engaged in by the covered lobbyist4 7c7 ,penalties ,any person who knowingly violates this section shall be fined not more than #bjj1jjj1 imprisoned for not more than #e years1 or both1 and any compensation received for engaging in the unlawful activity shall be subject to disgorgement4 4 #bjh4 ,prohibition on provision of gifts or travel by registered lobbyists ,section #be of the ,lobbying ,disclosure ,act of #aiie 7#b ,u4,s4,c4 #afac7 is amended-- 7#a7 in the section heading1 by striking to ,members of ,congress and to congressional employees2 7#b7 by striking subsection 7a7 and inserting the following3 7a7 ,prohibition ,except as provided in subsection 7c71 a person described in subsection 7b7 may not make a gift or provide travel to a covered legislative branch official or a covered executive branch official4 2 and 7#c7 by adding at the end the following3 7c7 ,exceptions ,a person described in subsection 7b7 may make a gift or provide travel to a covered legislative branch official or a covered executive branch official if-- 7#a7 the gift or travel complies with any applicable rule of the ,senate1 ,house of ,representatives1 or executive branch applicable to the recipient of the gift or travel2 and 7#b7 the gift or travel-- 7,a7 is based on the personal or family relationship of the person with the covered legislative branch official or a covered executive branch official and is given with the knowledge and acquiescence of the covered legislative branch official or a covered executive branch official1 unless the covered legislative branch official or a covered executive branch official has reason to believe that the gift or travel was given because of the official position of the covered legislative branch official or a covered executive branch official2 7,b7 is a discount or similar benefit2 7,c7 results from the business or employment activities of the spouse of the covered legislative branch official or a covered executive branch official2 7,d7 is a gift or travel customarily provided by a prospective employer in connection with bona fide employment discussions2 7,e7 in the case of a covered executive branch official1 is of a kind authorized by a supplemental agency regulation that is-- 7i7 issued by the agency that employs the covered executive branch official2 and 7ii7 approved by the ,director of the ,office of ,public ,integrity2 or 7,f7 may be accepted by the covered legislative branch official or covered executive branch official under specific ,federal statutory authority4 4 #bji4 ,application of ,general ,schedule to ,congress 7a7 ,in general ,section #ecca of title #e1 ,united ,states ,code1 is amended-- 7#a7 in subsection 7a71 by striking this subchapter1 agency1 employee1 position1 and inserting the following3 8this subchapter-- 7#a7 agency-- 7,a7 has the meaning given that term in section #eajb of this title2 and 7,b7 includes-- 7i7 the ,government ,accountability ,office2 and 7ii7 any agency1 office1 or other entity for which the pay of the employees of the agency1 office1 or other entity is disbursed by the ,secretary of the ,senate or the ,chief ,administrative ,officer of the ,house of ,representatives2 7#b7 employee-- 7,a7 means an individual employed in or under an agency2 and 7,b7 does not include a ,member of ,congress2 and 7#c7 position1 2 and 7#b7 in subsection 7b71 by inserting and employees in positions in an agency described in subsection 7a77#a77;,b7 after chapter #ea applies4 7b7 ,technical and conforming amendments 7#a7 ,section #e of the ,federal ,pay ,comparability ,act of #aigj 7#b ,u4,s4,c4 #deca7 is repealed4 7#b7 ,section #caa of the ,legislative ,branch ,appropriations ,act1 #aihh 7#b ,u4,s4,c4 #decb7 is repealed4 7#c7 ,sections #dga and #dge of the ,legislative ,reorganization ,act of #aigj 7#b ,u4,s4,c4 #decc1 #decd7 are repealed4 7#d7 ,section #d of the ,federal ,pay ,comparability ,act of #aigj 7#b ,u4,s4,c4 #dega7 is repealed4 7#e7 ,section #ajg of the ,legislative ,branch ,appropriation ,act1 #aigg 7#b ,u4,s4,c4 #degb7 is repealed4 7#f7 ,section #cae of the ,legislative ,branch ,appropriations ,act1 #aiia 7#b ,u4,s4,c4 #degc7 is repealed4 7#g7 ,section #aje of the ,legislative ,branch ,appropriation ,act1 #aifh 7#b ,u4,s4,c4 #dege7 is amended-- 7,a7 by striking subsection 7a72 7,b7 by striking subsection 7c72 7,c7 by striking subsection 7e72 and 7,d7 by striking subsection 7f74 7#h7 ,section #aad of the ,legislative ,branch ,appropriation ,act1 #aigh 7#b ,u4,s4,c4 #degf7 is amended by striking maximum rate specified and all that follows and inserting rate payable for a position at level #ae1 step #aj of the ,general ,schedule44 7#i7 ,section #ajb7;c77#b77;,b7 of the ,legislative ,branch ,appropriations ,act1 #bjjb 7#b ,u4,s4,c4 #degi7;c77#b77;,b77 is amended by striking exceeding and all that follows and inserting exceeding #a_/abth of the maximum annual rate of pay that is payable for positions on the ,general ,schedule under section #ecjd7;g77#a7 of title #e1 ,united ,states ,code44 #baj4 ,reestablishment of ,office of ,technology ,assessment 7a7 ,authorization of appropriations ,section #ab7;a7 of the ,technology ,assessment ,act of #aigb 7#b ,u4,s4,c4 #dha7;a77 is amended by striking there is hereby and all that follows through the period at the end and inserting for each fiscal year there is authorized to be appropriated to the ,office such sums as may be necessary44 7b7 ,initial appointments ,not later than #fj days after the date on which appropriations are made available to reestablish the ,office of ,technology ,assessment1 the ,president pro tempore of the ,senate and the ,speaker of the ,house of ,representatives shall appoint the members of the ,technology ,assessment ,board in accordance with section #d7;a7 of the ,technology ,assessment ,act of #aigb 7#b ,u4,s4,c4 #dgc7;a774 7c7 ,initial recommendations 7#a7 ,in general ,not later than #bgj days after the date on which all members of the ,technology ,assessment ,board are appointed under subsection 7b71 and after reviewing recommendations relating to the reestablishment of the ,office of ,technology ,assessment and meeting with relevant stakeholders1 the ,technology ,assessment ,board shall submit to ,congress recommendations concerning how ,congress should enhance technology assessment support for the legislative branch1 including whether ,congress should enact new or revised authorities that address resources1 function1 structure1 or other matters the ,technology ,assessment ,board determines appropriate4 7#b7 ,review ,not later than #ij days after the date on which ,congress receives the recommendations under paragraph 7#a71 each committee of the ,senate or the ,house of ,representatives with jurisdiction of any issue relating to technology assessment support for the legislative branch shall hold a hearing with respect to the recommendations4 7d7 ,adjustments to ,other ,laws 7#a7 ,annual reports ,section #cjjc7;a77#a7 of the ,federal ,reports ,elimination and ,sunset ,act of #aiie 7#ca ,u4,s4,c4 #aaac note7 shall not apply to any report submitted under section #aa of the ,technology ,assessment ,act of #aigb 7,public ,law #ib-dh1 #hf ,stat4 #hjb74 7#b7 ,information for the ,congressional ,budget ,office ,section #bja7;e7 of the ,congressional ,budget ,act of #aigd 7#b ,u4,s4,c4 #fja7;e77 is amended-- 7,a7 by inserting the ,office of ,technology ,assessment1 after ,government ,accountability ,office12 and 7,b7 by inserting the ,technology ,assessment ,board1 after ,comptroller ,general14 7#c7 ,inclusion as an instrumentality of ,congress ,section #eaj7d7 of the ,americans with ,disabilities ,act of #aiij 7#db ,u4,s4,c4 #abbji7d77 is amended by striking following31 and inserting following3 the ,office of ,technology ,assessment14 7e7 ,technical amendments ,section #g7;e77#a7 of the ,technology ,assessment ,act of #aigb 7#b ,u4,s4,c4 #dgf7;e77#a77 is amended by striking section #egjb and in #egjd of title #e and inserting sections #egjb and #egjd of title #e1 ,united ,states ,code4 #baa4 ,progressive tax on lobbying expenditures 7a7 ,tax provisions relating to lobbying expenditures 7#a7 ,excise tax on expenditures for lobbying activities 7,a7 ,in general ,chapter #cc of the ,internal ,revenue ,code of #aihf is amended by inserting after subchapter ,c the following new subchapter3 ,d ,lobbying ,activities ,sec4 #dbhf4 ,imposition of tax4 #dbhf4 ,imposition of tax 7a7 ,in general ,there is hereby imposed on quarterly lobbying expenditures in excess of #abe1jjj a tax determined in accordance with the following table3 ,if quarterly lobbying expenditures are3,the tax is3 ,over #abe1jjj but not over #bej1jjjce of the quarterly lobbying expenditures in excess of #abe1jjj4 ,over #bej1jjj but not over #a1bej1jjjdc1gej1 plus #fj of the excess over #bej1jjj4 ,over #a1bej1jjjfdc1gej1 plus #ge of the excess over #a1bej1jjj4 7b7 ,exception 7#a7 ,in general ,except as provided in paragraph 7#b71 the tax imposed by this section shall not apply to any organization described in section #eja7;c7 and exempt from tax under section #eja7;a74 7#b7 ,application to certain business organizations ,paragraph 7#a7 shall not apply to any organization which-- 7,a7 is described in section #eja7;c77#f7 and exempt from tax under section #eja7;a71 and 7,b7 has as a member of such organization an organization that is not described in section #eja7;c7 and exempt from tax under section #eja7;a74 7c7 ,payment of tax ,the tax imposed by this section shall be paid by the person paying for the quarterly lobbying expenditures4 7d7 ,definitions ,for purposes of this section1 the term quarterly lobbying expenditures means1 with respect to any calendar quarter1 the expenditures paid or incurred for lobbying activities 7as defined under section #c of the ,lobbying ,disclosure ,act of #aiie7 during such calendar quarter4 7e7 ,special rule ,for purposes of this section1 all persons treated as a single employer under subsection 7a7 or 7b7 of section #eb shall be treated as a single person4 4 7,b7 ,conforming amendment ,the table of subchapters for chapter #cc of such ,code is amended by inserting after the item related to subchapter ,c the following new item3 ,subchapter ,d--,lobbying ,activities 4 7,c7 ,effective date ,the amendments made by this paragraph shall apply to amounts paid or incurred in calendar quarters beginning more than #fj days after the date of the enactment of this ,act4 7#b7 ,modification of definition of influencing legislation for purposes of restrictions on certain charitable organizations 7,a7 ,in general ,section #diaa7;e77#b7 of the ,internal ,revenue ,code of #aihf is amended-- 7i7 by striking includes action with respect to ,acts1 bills and inserting includes-- 7i7 the formulation1 modification1 or adoption of ,acts1 bills 2 and 7ii7 by adding at the end the following new subparagraphs3 7ii7 the formulation1 modification1 or adoption of a ,federal rule1 regulation1 ,executive order1 or any other program1 policy1 or position of the ,united ,states ,government1 7iii7 the administration or execution of a ,federal program or policy 7including the negotiation1 award1 or administration of a ,federal contract1 grant1 loan1 permit1 or license71 and 7iv7 the nomination or confirmation of a person for a position subject to confirmation by the ,senate4 4 7,b7 ,conforming amendments ,section #diaa7;e7 of such ,code is amended by striking paragraph 7#c7 and redesignating paragraph 7#d7 as paragraph 7#c74 7,c7 ,effective date ,the amendments made by this paragraph shall take effect #ahj days after the date of the enactment of this ,act4 7b7 ,lobbying ,defense ,trust ,fund 7#a7 ,establishment of fund 7,a7 ,in general ,subchapter ,a of chapter #ih of the ,internal ,revenue ,code of #aihf is amended by adding at the end the following new section3 #ieab4 ,lobbying ,defense ,trust ,fund 7a7 ,in general ,there is established in the ,treasury of the ,united ,states a trust fund to be known as the ,lobbying ,defense ,trust ,fund1 consisting of any amount appropriated or credited to the ,trust ,fund as provided in this section or section #ifjb7;b74 7b7 ,transfers to trust fund ,there is hereby appropriated to the ,lobbying ,defense ,trust ,fund amounts equivalent to-- 7#a7 the taxes received in the ,treasury under section #dbhf1 and 7#b7 the civil penalties collected under the ,anti-,corruption and ,public ,integrity ,act and the amendments made by that ,act4 7c7 ,availability ,amounts transferred to the ,lobbying ,defense ,trust ,fund shall-- 7#a7 remain available until expended2 and 7#b7 be used1 without further appropriation1 by the ,director of the ,office of ,public ,integrity in accordance with subsection 7d74 7d7 ,use of funds 7#a7 ,transfers to agencies 7,a7 ,in general ,for each calendar quarter beginning more than #fj days after the date of the enactment of this section1 not later than #cj days after the end of the quarter1 the ,director of the ,office of ,public ,integrity 7in this subsection referred to as the ,director7 shall identify specific rules or other agency actions that were the subject of significant lobbying activity directed toward an executive agency during the quarter4 7,b7 ,transfer ,not later than the end of each calendar quarter beginning more than #fj days after the date of the enactment of this section1 the ,director shall transfer from the ,lobbying ,defense ,trust ,fund to each executive agency that was the subject of significant lobbying activity during the previous quarter an amount equal to the amount obtained by multiplying-- 7i7 the amount of taxes received in the ,treasury under section #dbhf that are attributable to lobbying expenditures during the previous quarter2 by 7ii7 the percentage of such taxes that were based on lobbying expenditures during the previous quarter related to rulemaking within the jurisdiction of the executive agency4 7,c7 ,use of transferred funds ,an executive agency may use amounts transferred under subparagraph 7,b7 for salaries and expenses relating to researching1 reviewing1 or finalizing rules or other agency actions in accordance with section #eec or #eed of title #e1 ,united ,states ,code4 7,d7 ,availability ,amounts transferred under subparagraph 7,b7 shall remain available until expended4 7#b7 ,office of the ,public ,advocate 7,a7 ,budget submission ,for each fiscal year beginning more than #fj days after the date of enactment of this section1 the ,national ,public ,advocate shall submit to the ,director a request-- 7i7 indicating the amount the ,national ,public ,advocate is requesting be transferred to the ,office of the ,public ,advocate2 and 7ii7 describing the activities of the ,office of the ,public ,advocate that would be carried out using the amounts4 7,b7 ,transfer ,after consideration of the request submitted under subparagraph 7,a7 with respect to a fiscal year1 the ,director shall transfer to the ,office of the ,public ,advocate from the ,lobbying ,defense ,trust ,fund the amount determined appropriate by the ,director4 7,c7 ,use of funds ,amounts transferred under subparagraph 7,b7 may be used for any authorized activity of the ,office of the ,public ,advocate1 including salaries and expenses4 7,d7 ,availability ,amounts transferred under subparagraph 7,b7 shall remain available until expended4 7#c7 ,congressional support agencies 7,a7 ,transfer ,not later than the end of each calendar quarter beginning more than #fj days after the date of the enactment of this section1 the ,director shall transfer from the ,lobbying ,defense ,trust ,fund to the ,congressional ,research ,service1 the ,congressional ,budget ,office1 the ,government ,accountability ,office1 and the ,office of ,technology ,assessment an amount equal to #be percent of the difference between-- 7i7 the amount of taxes received in the ,treasury under section #dbhf that are attributable to lobbying expenditures during the previous quarter2 and 7ii7 the amount of such taxes that were based on lobbying expenditures during the previous quarter related to rulemaking within the jurisdiction of an executive agency4 7,b7 ,use of funds ,amounts transferred under subparagraph 7,a7 may be used for any authorized activity of the agency receiving the amounts1 including salaries and expenses4 7,c7 ,availability ,amounts transferred under subparagraph 7,a7 shall remain available until expended4 7#d7 ,regulations ,not later than #ahj days after the date of enactment of this ,act1 the ,director shall promulgate regulations defining the term significant lobbying activity for purposes of this subsection4 4 7#b7 ,clerical amendment ,the table of sections for subchapter ,a of chapter #ih of such ,code is amended by adding at the end the following new item3 ,sec4 #ieab4 ,lobbying ,defense ,trust ,fund4 4 7#c7 ,effective date ,the amendments made by this subsection shall take effect on the date of enactment of this ,act4 #bab4 ,disclosure of registration status ,section #ad of the ,lobbying ,disclosure ,act of #aiie 7#b ,u4,s4,c4 #afji7 is amended-- 7#a7 by striking subsections 7a7 and 7b7 and inserting the following3 7a7 ,lobbying contacts ,any person or entity that makes a lobbying contact with a covered legislative branch official or a covered executive branch official shall1 at the time of the lobbying contact1 state whether the person or entity is registered under this ,act and identify the client on whose behalf the lobbying contact is made4 2 and 7#b7 by redesignating subsection 7c7 as subsection 7b74 ,,iii ,rulemaking ,reform #cja4 ,disclosure of conflicts of interest 7a7 ,in general ,section #eec of title #e1 ,united ,states ,code1 is amended-- 7#a7 in subsection 7c71 in the first sentence1 by inserting 1 subject to subsections 7f7 and 7h71 after the agency shall2 and 7#b7 by adding at the end the following3 7f7 ,with respect to any submission by an interested person under subsection 7c7 or any other submission by an interested person relating to a proposed rule that incorporates or includes a scientific or technical study1 or any other result of scientific research not published in a publicly available peer-reviewed publication1 the interested person1 in making that submission1 shall disclose-- 7#a7 the source of the funding for that study or research1 as applicable2 7#b7 any entity that sponsored the study or research2 7#c7 the extent to which the findings of the study or research were reviewed by a party that may be affected by the rulemaking to which the submission relates2 7#d7 the identity of any party identified under paragraph 7#c72 and 7#e7 the nature of any financial relationship1 including a consulting agreement1 the support of any expert witness1 and the funding of research1 between any person that conducted the study or research and any interested person with respect to the rulemaking to which the submission relates4 4 7b7 ,application ,section #eec7;f7 of title #e1 ,united ,states ,code1 as added by subsection 7a71 shall apply with respect to submissions made by interested persons on and after the date of enactment of this ,act4 #cjb4 ,increasing disclosures relating to studies and research 7a7 ,in general ,section #eec of title #e1 ,united ,states ,code1 as amended by section #cja of this ,act1 is amended by adding at the end the following3 7g7 ,with respect to a study or research that is submitted by an interested person to an agency under subsection 7c71 the agency shall ensure that the study or research is available to the public1 unless disclosure is prohibited under section #eeb of this title4 7h7 7#a7 ,if a study or research submitted by an interested person to an agency under subsection 7c7 presents a conflict described in paragraph 7#b71 the agency shall not consider the study or research in a rulemaking under this section and shall exclude the study or research from consideration1 unless the interested person has certified1 under standards developed by the ,national ,academy of ,sciences with respect to that certification1 that the study or research has undergone independent peer review4 7#b7 ,a conflict described in this paragraph means a study or research for which-- 7,a7 not less than #bj percent of the funding for the study or research is from an entity that is regulated by the agency2 or 7,b7 an entity that is regulated by the agency exercises editorial control over the study or research4 7i7 ,with respect to a rulemaking under this section1 an agency shall include in the notice of proposed rulemaking required under subsection 7b7 and in the final rule published under subsection 7d7 a description of how the agency considered scientific evidence1 including any study or research4 4 7b7 ,application ,subsections 7g71 7h71 and 7i7 of section #eec of title #e1 ,united ,states ,code1 as added by subsection 7a71 shall apply with respect to submissions made by interested persons on and after the date of enactment of this ,act4 #cjc4 ,disclosure of inter-governmental rule changes 7a7 ,definitions ,in this section-- 7#a7 the term ,administrator means the ,administrator of the ,office2 7#b7 the terms agency1 regulatory action1 and significant regulatory action have the meanings given those terms in section #c of the ,executive ,order2 7#c7 the term ,executive ,order means ,executive ,order #abhff 7#e ,u4,s4,c4 #fja note2 relating to regulatory planning and review72 and 7#d7 the term ,office means the ,office of ,information and ,regulatory ,affairs4 7b7 ,requirement ,with respect to any regulatory action that an agency provides to the ,office under section #f7;a77#c7 of the ,executive ,order1 and that the ,administrator determines is a significant regulatory action under that section1 the agency shall-- 7#a7 not later than the date on which the agency publishes the general notice of proposed rulemaking required under section #eec7;b7 of title #e1 ,united ,states ,code1 with respect to the action1 place in the rulemaking docket-- 7,a7 the substance of any changes between the text of the draft regulatory action that the agency provided to the ,office under section #f7;a77#c77;,b77i7 of the ,executive ,order and the text published in that general notice with respect to the action2 and 7,b7 a statement regarding whether any change described in subparagraph 7,a7 was made at the request of-- 7i7 the ,office2 7ii7 another agency2 or 7iii7 a ,member of ,congress2 and 7#b7 not later than the date on which the agency publishes the regulatory action in the ,federal ,register1 place in the rulemaking docket-- 7,a7 the substance of any changes between the text of the regulatory action that the agency provided to the ,office under section #f7;a77#c77;,b77i7 of the ,executive ,order and the text of the regulatory action that the agency published in the ,federal ,register2 and 7,b7 a statement regarding whether any change described in subparagraph 7,a7 was made at the request of-- 7i7 the ,office2 7ii7 another agency2 or 7iii7 a ,member of ,congress4 #cjd4 ,justification of withdrawn rules 7a7 ,definitions ,in this section-- 7#a7 the term ,administrator means the ,administrator of the ,office2 7#b7 the terms agency and regulatory action have the meanings given those terms in section #c of the ,executive ,order2 7#c7 the term ,executive ,order means ,executive ,order #abhff 7#e ,u4,s4,c4 #fja note2 relating to regulatory planning and review72 and 7#d7 the term ,office means the ,office of ,information and ,regulatory ,affairs4 7b7 ,requirement 7#a7 ,in general ,if an agency withdraws a regulatory action after providing the action to the ,office under section #f7;a77#c7 of the ,executive ,order 7or1 if the agency does not provide the regulatory action to the ,office under that section1 after publishing the general notice of proposed rulemaking with respect to the action under section #eec7;b7 of title #e1 ,united ,states ,code71 the agency shall publish in the ,federal ,register and on the website of the agency a statement regarding the decision by the agency to withdraw the action4 7#b7 ,contents ,a statement required under paragraph 7#a7 with respect to a decision by an agency to withdraw a regulatory action shall include1 at a minimum-- 7,a7 a detailed explanation of the reasons that the agency withdrew the action2 and 7,b7 an explanation regarding whether the decision by the agency to withdraw the action was based1 in whole or in part1 on a request by1 or input from-- 7i7 the ,office2 7ii7 another agency2 7iii7 a ,member of ,congress2 7iv7 a ,state1 local1 or tribal government2 or 7v7 an organization1 a corporation1 a member of the public1 or another interested party4 #cje4 ,negotiated rulemaking 7a7 ,in general ,subchapter ,,iii of chapter #e of title #e1 ,united ,states ,code1 is amended-- 7#a7 in section #efa1 in the first sentence1 by inserting between agencies and ,federal1 ,state1 local1 or tribal governments4 ,this subchapter shall apply only to information negotiations between ,federal1 ,state1 local1 or tribal governments after informal rulemaking process2 7#b7 in section #efc-- 7,a7 in subsection 7a7-- 7i7 in paragraph 7#b71 by inserting ,federal1 ,state1 local1 or tribal government after identifiable2 and 7ii7 in paragraph 7#c71 by striking persons who and inserting representatives of ,federal1 ,state1 local1 and tribal governments that2 7,b7 in subsection 7b7-- 7i7 in paragraph 7#a7-- 7,i7 in subparagraph 7,a7-- 7aa7 by striking persons who and inserting ,federal1 ,state1 local1 or tribal governments that2 and 7bb7 by striking 1 including residents of rural areas2 and 7,,ii7 in subparagraph 7,b7-- 7aa7 by striking with such persons and inserting with representatives of those governments2 and 7bb7 by striking to such persons and inserting to those governments2 and 7ii7 in paragraph 7#b71 in the second sentence-- 7,i7 by striking persons who and inserting representatives of ,federal1 ,state1 local1 or tribal governments that2 and 7,,ii7 by striking 1 including residents of rural areas2 7#c7 in section #efd-- 7,a7 in the section heading1 by striking 2 applications for membership on committees2 7,b7 in subsection 7a7-- 7i7 in paragraph 7#d71 by striking the persons and inserting the representatives of ,federal1 ,state1 local1 and tribal governments2 7ii7 in paragraph 7#f71 by adding and at the end2 and 7iii7 in paragraph 7#g71 by striking 2 and and inserting a period2 and 7iv7 by striking paragraph 7#h72 7,c7 by striking subsection 7b72 7,d7 by redesignating subsection 7c7 as subsection 7b72 and 7,e7 in subsection 7b71 as so redesignated-- 7i7 in the subsection heading1 by striking and applications2 and 7ii7 by striking and applications2 7#d7 in section #efe7;a7-- 7,a7 in paragraph 7#a71 in the first sentence1 by striking and applications2 and 7,b7 in paragraph 7#b7-- 7i7 by striking and applications2 and 7ii7 by striking publications1 and all that follows through the period at the end and inserting publications42 and 7#e7 in section #efi7;a71 in the first sentence-- 7,a7 by striking and encourage agency use of2 and 7,b7 by inserting between ,federal1 ,state1 local1 and tribal governments after negotiated rulemaking4 7b7 ,technical and conforming amendments 7#a7 ,balanced ,budget ,act of #aiig ,section #deed7;b77#a7 of the ,balanced ,budget ,act of #aiig 7#db ,u4,s4,c4 #acieu note7 is amended by striking 1 using a negotiated rulemaking process under subchapter ,,iii of chapter #e of title #e1 ,united ,states ,code4 7#b7 ,elementary and ,secondary ,education ,act of #aife ,the ,elementary and ,secondary ,education ,act of #aife 7#bj ,u4,s4,c4 #fcja et seq47 is amended-- 7,a7 in section #afja 7#bj ,u4,s4,c4 #fega7-- 7i7 in subsection 7a71 by striking subsections 7b7 through 7d7 and insert subsection 7b72 7ii7 by striking subsections 7b7 and 7c72 and 7iii7 by redesignating subsections 7d7 and 7e7 as subsections 7b7 and 7c71 respectively2 7,b7 by repealing section #afjb 7#bj ,u4,s4,c4 #fegb72 and 7,c7 in section #hbjd7;c77#a7 7#bj ,u4,s4,c4 #ghbd7;c77#a771 by striking using a negotiated rulemaking process to develop regulations for implementation no later than the #bjag-bjah academic year1 shall define and inserting shall1 for implementation no later than the #bjag-bjah academic year1 define4 7#c7 ,health ,insurance ,portability and ,accountability ,act of #aiif ,section #baf7;b7 of the ,health ,insurance ,portability and ,accountability ,act of #aiif 7#db ,u4,s4,c4 #acbj;a-#g;b note7 is amended-- 7,a7 in the subsection heading1 by striking ,negotiated2 7,b7 by striking 7#a7 ,establishment4-- and all that follows through chapter #e of title #e1 ,united ,states ,code1 standards and inserting the following3 7#a7 ,in general ,the ,secretary of ,health and ,human ,services 7in this subsection referred to as the ,secretary7 shall establish standards 2 7,c7 by striking paragraphs 7#b7 through 7#i72 7,d7 by redesignating subparagraph 7,b7 of paragraph 7#a7 as paragraph 7#b7 and adjusting the margins accordingly2 and 7,e7 in paragraph 7#b71 as so redesignated1 by striking subparagraph 7,a7 and inserting paragraph 7#a74 7#d7 ,higher ,education ,act of #aife ,the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajja et seq47 is amended-- 7,a7 in section #bjg 7#bj ,u4,s4,c4 #ajbb;f7-- 7i7 by striking subsection 7c72 and 7ii7 by redesignating subsection 7d7 as subsection 7c72 7,b7 in section #dbb7;g77#a7 7#bj ,u4,s4,c4 #ajgb7;g77#a77-- 7i7 in subparagraph 7,b71 by adding and at the end2 7ii7 in subparagraph 7,c71 by striking 2 and and inserting a period2 and 7iii7 by striking subparagraph 7,d72 7,c7 in section #dhg;,a7b77#c77;,b7 7#bj ,u4,s4,c4 #ajid;a7b77#c77;,b771 by striking in the negotiated rulemaking process12 7,d7 in section #dia7l77#d77;,a7 7#bj ,u4,s4,c4 #ajih7l77#d77;,a771 by striking 1 not later than two years after the completion of the negotiated rulemaking process required under section #dib resulting from the amendments to this ,act made by the ,higher ,education ,opportunity ,act12 and 7,e7 in section #dib 7#bj ,u4,s4,c4 #ajih;a7-- 7i7 in the section heading1 by striking negotiated2 and 7ii7 by amending subsection 7b7 to read as follows3 7b7 ,issuance of regulations ,after obtaining the advice and recommendations described in subsection 7a77#a71 the ,secretary shall issue final regulations within the #cfj-;day period described in section #dcg7;e7 of the ,general ,education ,provisions ,act 7#ab ,u4,s4,c4 #abcb7;e774 4 7#e7 ,housing ,act of #aidi ,section #eae7r77#c7 of the ,housing ,act of #aidi 7#db ,u4,s4,c4 #adhe7 is amended by striking in accordance with and all that follows through the period at the end and inserting under the rulemaking authority contained in section #eeg of title #e1 ,united ,states ,code44 7#f7 ,magnuson-,stevens ,fishery ,conservation and ,management ,act ,section #cje7;g7 of the ,magnuson-,stevens ,fishery ,conservation and ,management ,act 7#af ,u4,s4,c4 #ahee7;g77 is amended-- 7,a7 by striking paragraphs 7#b7 and 7#c72 7,b7 in paragraph 7#a7-- 7i7 by striking 7,a72 and 7ii7 by redesignating subparagraph 7,b7 as paragraph 7#b7 and adjusting the margins accordingly2 and 7,c7 in paragraph 7#b71 as so redesignated1 by striking the second sentence4 7#g7 ,mandatory ,price ,reporting ,act of #bjaj ,section #b7;b7 of the ,mandatory ,price ,reporting ,act of #bjaj 7,public ,law #aaa-bci2 #abd ,stat4 #beja7 is amended-- 7,a7 by striking ,wholesale pork cuts and all that follows through ,chapter #c and inserting ,wholesale pork cuts4--,chapter #c2 and 7,b7 by striking paragraphs 7#b71 7#c71 and 7#d7 7#g ,u4,s4,c4 #afcek note74 7#h7 ,patient ,protection and ,affordable ,care ,act ,section #efjb of the ,patient ,protection and ,affordable ,care ,act 7#db ,u4,s4,c4 #bed;b note7 is amended-- 7,a7 in the section heading1 by striking ,negotiated2 7,b7 by striking subsections 7b7 through 7h72 7,c7 in subsection 7a7-- 7i7 by redesignating paragraph 7#b7 as subsection 7b7 and adjusting the margins accordingly2 and 7ii7 in paragraph 7#a7-- 7,i7 by striking 7#a7 ,in general4--2 and 7,,ii7 by redesignating subparagraphs 7,a7 and 7,b7 as paragraphs 7#a7 and 7#b71 respectively2 and 7,d7 in subsection 7b71 as so redesignated1 by striking paragraph 7#a7 and inserting subsection 7a74 7#i7 ,price-,anderson ,amendments ,act of #aihh ,the ,price-,anderson ,amendments ,act of #aihh 7,public ,law #ajj-djh2 #ajb ,stat4 #ajff7 is amended-- 7,a7 by striking subsection 7b72 and 7,b7 in subsection 7a7-- 7i7 by striking 7#a7 ,purpose4--2 and 7ii7 by redesignating paragraph 7#b7 as subsection 7b7 and adjusting the margins accordingly4 7#aj7 ,social ,security ,act ,title ,,xviii of the ,social ,security ,act 7#db ,u4,s4,c4 #acie et seq47 is amended-- 7,a7 in section #ahcd7l77#a7 7#db ,u4,s4,c4 #aciem7l77#a771 by striking through a negotiated rulemaking process described in title #e1 ,united ,states ,code1 and2 and 7,b7 in section #ahef7;a7 7#db ,u4,s4,c4 #aciew-#bf7;a77-- 7i7 by striking paragraphs 7#b7 through 7#i72 7ii7 in paragraph 7#a7-- 7,i7 by striking 7,a7 ,in general4--2 7,,ii7 by striking and using a negotiated rulemaking process under subchapter ,,iii of chapter #e of title #e2 and 7,,iii7 by redesignating subparagraph 7,b7 as paragraph 7#b7 and adjusting the margins accordingly2 and 7iii7 in paragraph 7#b71 as so redesignated1 by striking subparagraph 7,a7 and inserting paragraph 7#a74 7#aa7 ,title #e ,the table of sections for subchapter ,,iii of chapter #e of title #e1 ,united ,states ,code1 is amended by striking the item relating to section #efd and inserting the following3 #efd4 ,publication of notice4 4 7#ab7 ,title #di ,section #caacf7;g77#a7 of title #di1 ,united ,states ,code1 is amended-- 7,a7 by striking shall-- and all that follows through issue and inserting shall issue2 7,b7 by striking 2 or and inserting a period2 and 7,c7 by striking subparagraph 7,b74 7#ac7 ,toxic ,substances ,control ,act ,section #h7;a7 of the ,toxic ,substances ,control ,act 7#ae ,u4,s4,c4 #bfjg7;a77 is amended by striking paragraph 7#f74 7#ad7 ,united ,states ,housing ,act of #aicg ,section #i of the ,united ,states ,housing ,act of #aicg 7#db ,u4,s4,c4 #adcg;g7 is amended by repealing subsection 7f74 #cjf4 ,streamlining ,,oira review 7a7 ,definitions ,in this section-- 7#a7 the term ,administrator means the ,administrator of the ,office2 7#b7 the terms agency1 regulatory action1 and significant regulatory action have the meanings given those terms in section #c of the ,executive ,order2 7#c7 the term ,executive ,order means ,executive ,order #abhff 7#e ,u4,s4,c4 #fja note2 relating to regulatory planning and review72 and 7#d7 the term ,office means the ,office of ,information and ,regulatory ,affairs4 7b7 ,prohibitions 7#a7 ,non-executive branch officials ,with respect to a regulatory action of an agency1 the ,office may not engage in communications or meetings with an individual that is not employed by the executive branch of the ,federal ,government if the regulatory action is or may be subject to review by the ,office under section #f7;b7 of the ,executive ,order4 7#b7 ,informal review ,with respect to a regulatory action of an agency that may be subject to review by the ,office under section #f7;b7 of the ,executive ,order1 the ,office may not engage in communications or meetings with the agency before the date on which the agency submits the regulatory action to the ,office under section #f7;a77#c7 of the ,executive ,order4 7c7 ,time period for ,,oira review 7#a7 ,in general ,except as provided in paragraph 7#b71 the ,office shall complete a review of a significant regulatory action under section #f7;b7 of the ,executive ,order not less than #de days after the date on which the ,office receives the significant regulatory action under section #f7;a77#c7 of the ,executive ,order4 7#b7 ,extension ,the ,office may extend the #de-;day period described in paragraph 7#a7 by a single #cj-;day period if the ,office provides the agency with1 and makes publicly available1 a written justification for the extension4 7#c7 ,publication of regulatory action ,if the ,office waives review of a significant regulatory action of an agency under section #f7;b77#b7 of the ,executive ,order without a request for further consideration or does not notify the agency in writing of the results of the review under section #f7;b7 of the ,executive ,order within the time frame described in paragraph 7#a7 or 7#b71 the agency may publish the significant regulatory action in the ,federal ,register4 #cjg4 ,limiting temporary court injunctions and postponing of final rules pending judicial review ,section #gje of title #e1 ,united ,states ,code1 is amended-- 7#a7 by striking the first sentence2 and 7#b7 by adding at the end the following3 ,notwithstanding the preceding sentence1 with respect to agency action relating to notice and comment rulemaking under section #eec of this title1 on such conditions as may be required and to the extent necessary to prevent irreparable injury1 only the reviewing court to which a case may be taken on appeal from or on application for certiorari or other writ to a reviewing court may issue all necessary and appropriate process to postpone the effective date of the agency action or to preserve status or rights pending conclusion of the review proceedings44 #cjh4 ,penalizing individuals that submit false information to agencies ,section #eec of title #e1 ,united ,states ,code1 as amended by section #cjb of this ,act1 is amended by adding at the end the following3 7j7 ,any person that uses any false writing or document knowing the same to contain any materially false1 fictitious1 or fraudulent statement or entry with respect to a rulemaking under this section shall be fined not more than #bej1jjj1 imprisoned not more than #e years1 or both4 4 #cji4 ,establishment of the ,office of the ,public ,advocate ,section #dja of the ,ethics in ,government ,act of #aigh 7#e ,u4,s4,c4 ,app47 is amended by adding at the end the following3 7d7 7#a7 7,a7 ,there is established in the ,office of ,public ,integrity an office to be known as the ,office of the ,public ,advocate4 7,b7 ,the ,office of the ,public ,advocate shall be under the supervision of an official to be known as the ,national ,public ,advocate1 who shall-- 7i7 be appointed by the ,president1 by and with the advice and consent of the ,senate2 7ii7 report to the ,director of the ,office of ,public ,integrity2 7iii7 not be an employee of the ,federal ,government2 7iv7 be entitled to compensation at the same rate as the highest rate of basic pay established for the ,senior ,executive ,service under section #echb of title #e1 ,united ,states ,code2 7v7 have a background in customer service1 consumer protection1 and administrative law2 7vi7 have experience representing the public in cases involving rules 7as defined in section #eea of title #e1 ,united ,states ,code72 7vii7 not have worked as an officer or employee in any ,federal agency during the #b-year period preceding appointment under this subparagraph2 and 7viii7 agree not to accept an offer of employment with a ,federal agency for not less than #e years after ceasing to serve as the ,national ,public ,advocate4 7#b7 ,the duties of the ,office of the ,public ,advocate shall include-- 7,a7 assisting individuals in resolving conflicts with agencies2 7,b7 assisting agencies in soliciting public participation in the rulemaking process2 7,c7 assisting individuals in participating in the rulemaking process2 and 7,d7 identifying areas in which the public has problems in dealing with agencies and proposing changes to mitigate those problems4 7#c7 ,not later than #ahj days after the date on which the ,national ,public ,advocate is appointed under this subsection or #ahj days after the date of enactment of this subsection1 whichever is later1 the ,national ,public ,advocate shall propose regulations to carry out this subsection4 4 #caj4 ,actions by private persons 7a7 ,definitions ,in this section1 the terms agency and rule have the meanings given those terms in section #eea of title #e1 ,united ,states ,code4 7b7 ,actions 7#a7 ,in general ,a person may bring a civil action for the person and for the ,united ,states ,government1 in the name of the ,government1 against any person1 including the ,united ,states ,government and any other governmental instrumentality or agency to the extent permitted by the ,eleventh ,amendment to the ,constitution of the ,united ,states1 for-- 7,a7 a violation of a final rule issued by an agency2 or 7,b7 the failure of the head of an agency to comply with any requirement under this ,act4 7#b7 ,notice ,a copy of the complaint and written disclosure of substantially all material evidence and information the person possesses shall be served on the ,government pursuant to rule #d7;d77#d7 of the ,federal ,rules of ,civil ,procedure4 ,the ,government may elect to intervene and proceed with the action within #fj days after it receives both the complaint and the material evidence and information4 7#c7 ,party conducting the action ,before the expiration of the #fj-;day period under paragraph 7#b71 the ,government shall-- 7,a7 proceed with the action1 in which case the action shall be conducted by the ,government2 or 7,b7 notify the court that it declines to proceed with the action1 in which case the person bringing the action shall have the right to conduct the action4 7#d7 ,award to plaintiff 7,a7 ,government proceeds with action ,if the ,government proceeds with an action brought by a person under this subsection1 the person shall receive at least #ae percent but not more than #be percent of the proceeds of the action or settlement of the claim1 depending upon the extent to which the person substantially contributed to the prosecution of the action4 ,any payment to a person under this subparagraph shall be made from the proceeds4 ,the person shall also receive an amount for reasonable expenses that the court finds to have been necessarily incurred1 plus reasonable attorney's fees and costs4 ,the expenses1 fees1 and costs shall be awarded against the defendant4 7,b7 ,government does not proceed with action ,if the ,government does not proceed with an action under this subsection1 the person bringing the action or settling the claim shall receive an amount which the court decides is reasonable for collecting the civil penalty and damages4 ,the amount shall be not less than #be percent and not more than #cj percent of the proceeds of the action or settlement and shall be paid out of the proceeds4 ,the person shall also receive an amount for reasonable expenses that the court finds to have been necessarily incurred1 plus reasonable attorney's fees and costs4 ,the expenses1 fees1 and costs shall be awarded against the defendant4 #caa4 ,scope of review ,section #gjf of title #e1 ,united ,states ,code1 is amended-- 7#a7 in the first sentence of the matter preceding paragraph 7#a71 by striking ,to the extent necessary and inserting 7a7 ,in general4--,to the extent necessary2 7#b7 in subsection 7a71 as so designated1 by inserting after the first sentence the following3 ,if a statute that an agency administers is silent or ambiguous1 and an agency has followed the procedures in section #eec or #eed of this title1 as applicable1 a reviewing court shall defer to the agency's reasonable or permissible interpretation of that statute42 7#c7 by striking ,in making the foregoing determinations and inserting the following3 7b7 ,review of record ,in making the determinations under subsection 7a7 2 7#d7 in subsection 7b71 as so designated1 by inserting except any part of the record that the agency excluded from consideration pursuant to section #eec7;h77#a7 of this title1 after party12 and 7#e7 by adding at the end the following3 7c7 ,unreasonable delay ,for purposes of subsection 7a77#a71 unreasonable delay shall include-- 7#a7 when an agency has not issued a notice of proposed rulemaking within #a year of the date of enactment of the legislation mandating the rulemaking1 where no deadline for the rulemaking was specified in the enacted law2 7#b7 when an agency has not issued a final version of a proposed rule within #a year of date on which the proposed rule was published in the ,federal ,register2 and 7#c7 when an agency has not implemented a final rule within #a year of the implementation date published in the ,federal ,register or1 if no implementation date was provided1 within #a year of the date on which the final rule was published in the ,federal ,register4 4 #cab4 ,expanding rulemaking notifications ,section #eec of title #e1 ,united ,states ,code1 as amended by section #cjh of this ,act1 is amended by adding at the end the following3 7k7 7#a7 ,not later than #b business days after the date on which an agency publishes a notice of proposed rulemaking or a final rule under this section1 the agency shall notify interested parties of the publication4 7#b7 ,the ,director of the ,government ,publishing ,office shall establish a process under which an agency shall notify interested parties under paragraph 7#a7 through e-mail or postal mail4 4 #cac4 ,public petitions ,section #eec7;e7 of title #e1 ,united ,states ,code1 is amended-- 7#a7 by inserting 7#a7 before ,each agency2 and 7#b7 by adding at the end the following3 7#b7 ,if1 during a #fj-;day period1 an agency receives more than #ajj1jjj signatures on a single petition under paragraph 7#a71 the agency shall1 not later than #cj days after the date on which the agency receives the petition1 provide a written response that includes-- 7,a7 an explanation of whether the agency has engaged or is engaging in the requested issuance1 amendment1 or repeal of a rule2 and 7,b7 if the agency has not engaged in the requested issuance1 amendment1 or repeal of a rule1 a written explanation for not engaging in the requested issuance1 amendment1 or repeal4 4 #cad4 ,amendment to ,congressional ,review ,act ,section #hja7;b7 of title #e1 ,united ,states ,code1 is amended-- 7#a7 in paragraph 7#a71 by striking 7#a72 and 7#b7 by striking paragraph 7#b74 #cae4 ,cost-benefit analysis 7a7 ,definitions ,in this section1 the terms agency and regulation have the meanings given those terms in section #c of ,executive ,order #abhff 7#e ,u4,s4,c4 #fja note2 relating to regulatory planning and review74 7b7 ,requirement ,if an agency is performing a cost-benefit analysis in the course of issuing a regulation1 the agency shall-- 7#a7 take into account the benefits of the regulation to the public1 including the nonquantifiable benefits of the regulation2 and 7#b7 adopt a regulation that prioritizes benefits to the public1 including nonquantifiable benefits4 #caf4 ,sense of ,congress ,it is the sense of ,congress that-- 7#a7 the ,federal ,employees ,pay ,comparability ,act of #aiij 7as enacted by section #ebi of ,public ,law #aja-eji71 which was designed to ensure that the disparity in pay between ,federal employees on the ,general ,schedule and non-,federal employees is not greater than #e percent1 has not been implemented as envisioned1 resulting in significant pay disparities between ,federal ,government and non-,federal employees1 including private-sector employees2 7#b7 ,federal employees have experienced pay challenges in recent years owing to pay freezes1 reduced pay increases1 and unpaid furlough days1 which have adversely impacted the ability of the ,federal ,government to recruit and retain skilled employees2 and 7#c7 the ,president and ,congress should allow the statutory pay laws to be implemented as intended1 providing an annual across-the-board pay adjustment and a locality pay adjustment that varies by specific pay locality area4 ,,iv ,judicial ,ethics #dja4 ,clarification of gift ban 7a7 ,in general ,section #gcec of title #e1 ,united ,states ,code1 is amended-- 7#a7 in subsection 7a71 in the matter preceding paragraph 7#a71 by striking anything of value and inserting a gift2 and 7#b7 in subsection 7d7-- 7,a7 in paragraph 7#a71 by striking and at the end2 7,b7 in paragraph 7#b71 by striking the period at the end and inserting 2 and2 and 7,c7 by adding at the end the following3 7#c7 the term gift means anything of value1 including transportation1 travel1 lodgings and meals1 whether provided in-kind1 by purchase of a ticket1 payment in advance1 or reimbursement after the expense has been incurred4 4 7b7 ,regulations ,the ,judicial ,conference of the ,united ,states shall promulgate regulations to carry out the amendment made by subsection 7a7 with respect to the judicial branch4 #djb4 ,restrict privately funded educational events and speeches 7a7 ,judicial ,education ,fund 7#a7 ,establishment ,chapter #db of title #bh1 ,united ,states ,code1 is amended by adding at the end the following3 #fcj4 ,judicial ,education ,fund 7a7 ,definitions ,in this section-- 7#a7 the term ,fund means the ,judicial ,education ,fund established under subsection 7b72 7#b7 the term institution of higher education has the meaning given that term under section #aja7;a7 of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajja7;a772 7#c7 the term national bar association means a national organization that is open to general membership to all members of the bar2 7#d7 the term private judicial seminar-- 7,a7 means a seminar1 symposia1 panel discussion1 course1 or a similar event that provides continuing legal education to judges2 and 7,b7 does not include-- 7i7 seminars that last #a day or less and are conducted by1 and on the campus of1 an institute of higher education2 7ii7 seminars that last #a day or less and are conducted by a national bar association or ,state or local bar association for the benefit of the bar association membership2 or 7iii7 seminars of any length conducted by1 and on the campus of an institute of higher education or by a national bar association or ,state or local bar association1 where a judge is a presenter and at which judges constitute less than #be percent of the participants2 and 7#e7 the term ,state or local bar association means a ,state or local organization that is open to general membership to all members of the bar in the specified geographic region4 7b7 ,fund ,there is established within the ,united ,states ,treasury a fund to be known as the ,judicial ,education ,fund4 7c7 ,use of amounts ,amounts in the ,fund may be made available for the payment of necessary expenses1 including reasonable expenditures for transportation1 food1 lodging1 private judicial seminar fees and materials1 incurred by a judge or justice in attending a private judicial seminar approved by the ,board of the ,federal ,judicial ,center4 ,necessary expenses shall not include expenditures for recreational activities or entertainment other than that provided to all attendees as an integral part of the private judicial seminar4 ,any payment from the ,fund shall be approved by the ,board4 7d7 ,required information ,the ,board may approve a private judicial seminar after submission of information by the sponsor of that private judicial seminar that includes-- 7#a7 the content of the private judicial seminar 7including a list of presenters1 topics1 and course materials72 and 7#b7 the litigation activities of the sponsor and the presenters at the private judicial seminar 7including the litigation activities of the employer of each presenter7 on the topic related to those addressed at the private judicial seminar4 7e7 ,public availability ,if the ,board approves a private judicial seminar1 the ,board shall make the information submitted under subsection 7d7 relating to the private judicial seminar available to judges and the public by posting the information online4 7f7 ,guidelines ,the ,judicial ,conference shall promulgate guidelines to ensure that the ,board only approves private judicial seminars that are conducted in a manner so as to maintain the public's confidence in an unbiased and fair-minded judiciary4 7g7 ,authorization of appropriations ,there are authorized to be appropriated for deposit in the ,fund #c1jjj1jjj for each of fiscal years #bjai1 #bjbj1 and #bjba1 to remain available until expended4 4 7#b7 ,technical and conforming amendment ,the table of sections for chapter #db of title #bh1 ,united ,states ,code1 is amended by adding at the end the following3 #fcj4 ,judicial ,education ,fund 4 7b7 ,private judicial seminar gifts prohibited 7#a7 ,definitions ,in this subsection-- 7,a7 the term gift has the meaning given that term under section #gcec of title #e1 ,united ,states ,code1 as amended by section #dja2 7,b7 the term institution of higher education has the meaning given that term under section #aja7;a7 of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajja7;a772 and 7,c7 the terms national bar association1 private judicial seminar1 and ,state or local bar association have the meanings given those terms under section #fcj of title #bh1 ,united ,states ,code1 as added by subsection 7a74 7#b7 ,regulations ,not later than #ahj days after the date of enactment of this ,act1 the ,judicial ,conference of the ,united ,states shall promulgate regulations to apply section #gcec7;a7 of title #e1 ,united ,states ,code1 to prohibit the solicitation or acceptance of a gift in connection with a private judicial seminar4 7#c7 ,exception ,the prohibition under the regulations promulgated under paragraph 7#b7 shall not apply if-- 7,a7 the judge participates in a private judicial seminar as a speaker1 panel participant1 or otherwise presents information2 7,b7 ,federal judges are not the primary audience at the private judicial seminar2 and 7,c7 the gift accepted is-- 7i7 reimbursement from the private judicial seminar sponsor of reasonable transportation1 food1 or lodging expenses on any day on which the judge speaks1 participates1 or presents information1 as applicable2 7ii7 attendance at the private judicial seminar on any day on which the judge speaks1 participates1 or presents information1 as applicable2 or 7iii7 anything excluded from the definition of a gift under regulations of the ,judicial ,conference of the ,united ,states under sections #gcea and #gcec of title #e1 ,united ,states ,code1 as in effect on the date of enactment of this ,act4 #djc4 ,code of ,conduct 7a7 ,applicability ,the ,code of ,conduct for ,united ,states ,judges adopted by the ,judicial ,conference of the ,united ,states shall apply to the justices of the ,supreme ,court of the ,united ,states to the same extent as such ,code applies to circuit and district judges4 7b7 ,enforcement ,the ,judicial ,conference shall establish procedures1 modeled after the procedures set forth in chapter #af of title #bh1 ,united ,states ,code1 under which-- 7#a7 complaints alleging that a justice of the ,supreme ,court of the ,united ,states has violated the ,code of ,conduct referred to in subsection 7a7 may be filed with or identified by the ,conference2 7#b7 such complaints are reviewed and investigated by the ,conference2 and 7#c7 further action1 where appropriate1 is taken by the ,conference1 with respect to such complaints4 7c7 ,submission to ,congress2 effective date 7#a7 ,submission to congress ,not later than #ahj days after the date of enactment of this ,act1 the ,judicial ,conference shall submit to ,congress the procedures established under subsection 7b74 7#b7 ,effective date ,the procedures established under subsection 7b7 shall take effect #bgj days after the date of enactment of this ,act4 #djd4 ,improving disclosure 7a7 ,financial reports ,section #ajc7;h7 of the ,ethics in ,government ,act of #aigh 7#e ,u4,s4,c4 ,app47 is amended by adding at the end the following3 7#c7 ,the ,judicial ,conference shall make publicly available online1 at no cost1 each report required under this title that is filed with the ,judicial ,conference in a searchable1 sortable1 machine readable1 and downloadable format4 4 7b7 ,recusal decisions ,section #dee of title #bh1 ,united ,states ,code1 is amended by adding at the end the following3 7g7 ,each justice1 judge1 and magistrate judge of the ,united ,states shall maintain a list of each association or interest that would require the justice1 judge1 or magistrate to be recused under subsection 7b77#d74 4 7c7 ,speeches 7#a7 ,in general ,each justice1 judge1 and magistrate judge of the ,united ,states shall maintain and submit to the ,judicial ,conference of the ,united ,states a copy of each speech or other significant oral communication made by the justice1 judge or magistrate4 7#b7 ,availability ,the ,judicial ,conference of the ,united ,states shall maintain and make each speech or other significant oral communication submitted under paragraph 7#a7 available to the public in printed form1 upon request1 and online1 at no cost1 in a searchable1 sortable1 machine readable1 and downloadable format4 7#c7 ,regulations ,not later than #ahj days after the date of enactment of this ,act1 the ,judicial ,conference of the ,united ,states shall promulgate regulations regarding the types of oral communications that are required to be maintained1 submitted1 and made publicly available under this subsection4 7d7 ,livestreaming judicial proceedings 7#a7 ,definition ,in this section1 the term appellate court of the ,united ,states means any ,united ,states circuit court of appeals and the ,supreme ,court of the ,united ,states4 7#b7 ,streaming of court proceedings ,in accordance with procedures established by the ,judicial ,conference of the ,united ,states1 the audio of each open session conducted by an appellate court of the ,united ,states shall be made available online contemporaneously with the session1 unless the appellate court of the ,united ,states1 by a majority vote1 determines that making audio of the session available online would violate the constitutional rights of any party to the proceeding4 7e7 ,publicizing case assignment information 7#a7 ,in general ,not later than #ahj days after the date of enactment of this ,act1 the ,judicial ,conference of the ,united ,states shall promulgate regulations requiring each court of the ,united ,states to make case assignment data available to the public online1 at no cost1 in a searchable1 sortable1 machine readable1 and downloadable4 7#b7 ,contents ,the case assignment data made available under paragraph 7#a7 shall include1 at a minimum1 and to the extent available1 the case title1 docket number1 case origin1 filing date1 and name of each authoring judge1 concurring judge1 and dissenting judge for each opinion issued in the case4 7f7 ,making websites user-,friendly ,not later than #ahj days after the date of enactment of this ,act1 the ,judicial ,conference of the ,united ,states shall promulgate regulations requiring an evaluation of1 and improvements to1 the website of each district court of the ,united ,states to ensure the website is easy to understand1 including that it is clear how to file a complaint relating to a judge or an employee of the district court4 #dje4 ,appointment of administrative law judges 7a7 ,in general ,section #caje of title #e1 ,united ,states ,code is amended by inserting after the first sentence the following3 ,administrative law judge positions shall be positions in the competitive service44 7b7 ,conversion of positions ,with respect to any individual serving on the date of enactment of this ,act in an excepted service position as an administrative law judge appointed under section #caje of title #e1 ,united ,states ,code1 as in effect on the day before the date of enactment of this ,act1 the head of the agency employing the administrative law judge shall convert the appointment to a permanent appointment in the competitive service in the agency4 7c7 ,applicability ,this section and the amendments made by this section shall apply on and after the date of enactment of this ,act4 #djf4 ,improve reporting on judicial diversity ,section #cca of title #bh1 ,united ,states ,code1 is amended in the eighth undesignated paragraph by adding at the end the following3 ,the report submitted by the ,chief ,justice under this paragraph shall include a report on the diversity of the ,federal judiciary1 including diversity of justices and judges of the ,united ,states based on gender1 race1 ethnicity1 disability status1 sexual orientation1 gender identity1 national origin1 and professional experience before being appointed a justice or judge of the ,united ,states44 #djg4 ,pleading standards 7a7 ,in general ,rule #ab of the ,federal ,rules of ,civil ,procedure is amended by adding at the end the following3 7j7 ,pleading standards4 ,a court shall not dismiss a complaint under ,rule #ab7;b77#f71 7c7 or 7e73 7#a7 unless it appears beyond doubt that the plaintiff can prove no set of facts in support of the claim which would entitle the plaintiff to relief2 or 7#b7 on the basis of a determination by the court that the factual contents of the complaint do not show the plaintiff's claim to be plausible or are insufficient to warrant a reasonable inference that the defendant is liable for the misconduct alleged4 4 7b7 ,applicability ,rule #ab7;j7 of the ,federal ,rules of ,civil ,procedure1 as added by subsection 7a7 shall apply with respect to the dismissal of complaints except as otherwise expressly provided by an ,act of ,congress enacted after the date of the enactment of this ,act or by amendments made after such date of enactment to the ,federal ,rules of ,civil ,procedure pursuant to the procedures prescribed by the ,judicial ,conference of the ,united ,states under chapter #aca of title #bh1 ,united ,states ,code4 #djh4 ,availability of judicial opinions ,section #bje of the ,e-,government ,act of #bjjb 7#dd ,u4,s4,c4 #ceja note7 is amended-- 7#a7 in subsection 7a77#e71 by striking text searchable format and inserting text searchable and machine-readable file format that may be cited using a vendor-neutral and medium-neutral citation system2 and 7#b7 in subsection 7b71 by adding at the end the following3 7#c7 ,bulk access 7,a7 ,provision to ,,gpo ,each written opinion required to be made accessible on a website under subsection 7a77#e7 shall be provided to the ,government ,publishing ,office4 7,b7 ,access ,the ,director of the ,government ,publishing ,office shall make available to the public for bulk download all written opinions provide to the ,government ,publishing ,office under subparagraph 7,a74 4 ,v ,enforcement ,a ,office of ,public ,integrity #eaa4 ,establishment of ,office of ,public ,integrity 7a7 ,in general ,the ,ethics in ,government ,act of #aigh 7#e ,u4,s4,c4 ,app47 is amended-- 7#a7 in title ,i1 by striking ,government ,ethics each place it appears and inserting ,public ,integrity2 7#b7 in the heading for title ,,iv1 by striking ,government ,ethics and inserting ,public ,integrity2 7#c7 in section #dja-- 7,a7 by striking ,government ,ethics each place it appears and inserting ,public ,integrity2 7,b7 in subsection 7a7-- 7i7 by inserting 7#a7 before ,there is established2 and 7ii7 by adding at the end the following3 7#b7 ,the purposes of the ,office of ,public ,integrity are-- 7,a7 to consolidate and strengthen ,federal ethics enforcement and anti-corruption public integrity efforts2 7,b7 to conduct anti-corruption1 ethics1 and public integrity oversight of officers and employees of the ,federal ,government through investigations1 corrective action1 and other actions and penalties2 7,c7 to promote public integrity and prevent corruption within the ,federal ,government through education1 advisory1 guidance1 and rulemaking2 7,d7 to facilitate accountability through affirmative public disclosures1 lobbying registration1 and the promotion of transparency across the ,federal ,government2 and 7,e7 to protect the public's interest in democracy and ,federal policymaking4 2 and 7,c7 by adding after subsection 7d71 as added by section #cji of this ,act1 the following3 7e7 7#a7 ,there is established within the ,office of ,public ,integrity a division to be known as the ,government ,ethics ,division4 7#b7 ,the ,government ,ethics ,division shall carry out all functions of the ,office of ,government ,ethics under this ,act as of the day before the date of enactment of this subsection1 including-- 7,a7 providing advice to designated agency ethics officials1 including legal advisories1 education advisories1 and program management advisories on substantive ethics issues2 7,b7 providing training and education opportunities to designated agency ethics officials on an ongoing basis2 and 7,c7 providing confidential advice1 which1 subject to paragraph 7#c71 shall not lead to enforcement action1 for any agency employee seeking confidential ethics advice4 7#c7 7,a7 ,the ,government ,ethics ,division may refer a matter for enforcement based on information obtained in providing advice to an employee under paragraph 7#b77;,c7 if the employee-- 7i7 knowingly makes a material misrepresentation1 including making a significant omission in providing information1 to the ,government ,ethics ,division2 7ii7 has already taken the action in violation of the laws or regulations relating to conflicts of interest or other ethics issues2 7iii7 reveals significant criminal activity1 particularly criminal activity outside the jurisdiction of the ,office of ,public ,integrity2 7iv7 engaged in a prohibited personnel practice described in paragraph 7#h7 or subparagraph 7,a77i71 7,b71 7,c71 or 7,d7 of paragraph 7#i7 of section #bcjb7;b7 of title #e1 ,united ,states ,code2 or 7v7 engaged in other actions1 as established by the ,director by regulation4 7,b7 ,an employee who seeks advice under paragraph 7#b77;,c7 may be subject to administrative remedies1 such as reprimand1 divestiture1 forced recusal1 or other corrective actions to remedy the violation4 7,c7 ,notwithstanding any other provision in this paragraph1 the ,director may promulgate regulations 7including regulations under subparagraph 7,a77v77 to ensure that-- 7i7 an employee who engages in conduct in good faith reliance upon an advisory opinion issued to the employee by the ,government ,ethics ,division or a designated agency ethics official generally shall not be subject to civil1 criminal1 or disciplinary action by the ,office of ,public ,integrity2 7ii7 an advisory opinion issued to an employee by the ,government ,ethics ,division or a designated agency ethics official shall not prevent the employee from being subject to other civil or disciplinary action if the conduct of the employee violates another law1 rule1 regulation1 or lawful management policy or directive2 and 7iii7 if an employee has actual knowledge or reason to believe that an advisory opinion issued to the employee by the ,government ,ethics ,division or a designated agency ethics official is based on fraudulent1 misleading1 or otherwise incorrect information1 the reliance of the employee on the opinion not be deemed to be in good faith4 2 7#d7 in section #djc1 by striking ,government ,ethics each place it appears and inserting ,public ,integrity2 and 7#e7 in section #ejc7b71 by striking ,government ,ethics and inserting ,public ,integrity4 7b7 ,officers 7#a7 ,director ,section #dja7;b7 of the ,ethics in ,government ,act of #aigh 7#e ,u4,s4,c4 ,app47 is amended-- 7,a7 by inserting 7#a7 before ,there shall be2 7,b7 by inserting without regard to political affiliation and solely on the basis of integrity and demonstrated ability to fulfill the responsibilities of the role of ,director after who shall be appointed2 7,c7 by striking ,effective with respect and inserting the following3 7#c7 ,effective with respect 2 7,d7 by inserting after paragraph 7#a71 as so designated1 the following3 7#b7 ,each individual appointed by the ,president to the position of ,director-- 7,a7 shall not have any conflict of interest with respect to any aspect of performing the duties and responsibilities of the ,director2 7,b7 shall have a demonstrated record in public integrity and ethics enforcement2 7,c7 shall not have ever been registered1 or required to be registered1 as a lobbyist under the ,lobbying ,disclosure ,act of #aiie 7#b ,u4,s4,c4 #afja et seq472 7,d7 during the #d-year period ending on the date on which the ,president nominates the individual to the position of ,director1 shall not have engaged in any significant political activity 7including being a candidate for public office1 fundraising for a candidate for public office or a political party1 or serving as an officer or employee of a political campaign or party72 7,e7 shall not have ever been an agent of a foreign principal registered under the ,foreign ,agents ,registration ,act of #aich 7#bb ,u4,s4,c4 #faa et seq472 and 7,f7 during the #d-year period ending on the date on which the ,president nominates the individual to the position of ,director1 shall not served as a fiduciary or personal attorney for an officer or employee of the ,federal ,government1 including anyone elected to public office4 2 and 7,e7 by adding at the end the following3 7#d7 ,the ,director may only be removed from office by the ,president for inefficiency1 neglect of duty1 or malfeasance in office4 7#e7 ,not later than #cj days before the date on which the ,president removes the ,director from office or transfers the ,director to another position or location for inefficiency1 neglect of duty1 or malfeasance in office1 the ,president shall submit to the ,senate and the ,house of ,representatives written notice of the reasons for the removal or transfer4 7#f7 ,during the period of any absence or unavailability of the ,director1 including a vacancy in the office of the ,director1 all powers and duties of the ,director shall be vested in the ,deputy ,director4 7#g7 ,the ,director may continue to serve beyond the expiration of the term of the ,director until a successor is appointed1 by and with the advice and consent of the ,senate4 4 7#b7 ,assistant ,directors ,section #dja7;c77#a7 of the ,ethics in ,government ,act of #aigh 7#e ,u4,s4,c4 ,app47 is amended by inserting and ,assistant ,directors 7which may include an ,assistant ,director for ,investigations1 an ,assistant ,director for ,government ,transparency1 and an ,assistant ,director for the ,government ,ethics ,division7 after including attorneys4 7#c7 ,deputy director ,section #dja of the ,ethics in ,government ,act of #aigh 7#e ,u4,s4,c4 ,app47 is amended by adding after subsection 7e71 as added by subsection 7a7 of this section1 the following3 7f7 7#a7 ,there shall be in the ,office of ,public ,integrity a ,deputy ,director1 who shall-- 7,a7 be appointed by the ,president in accordance with paragraph 7#b71 by and with the advice and consent of the ,senate2 and 7,b7 serve as acting ,director in the event of the absence or unavailability of the ,director1 including a vacancy in the office of the ,director4 7#b7 ,each individual appointed by the ,president to the position of ,deputy ,director-- 7,a7 shall not have any conflict of interest with respect to any aspect of performing the duties and responsibilities of the ,deputy ,director2 7,b7 shall have a demonstrated record in public integrity and ethics enforcement2 7,c7 shall not have ever been registered1 or required to be registered1 as a lobbyist under the ,lobbying ,disclosure ,act of #aiie 7#b ,u4,s4,c4 #afja et seq472 7,d7 during the #d-year period ending on the date on which the ,president nominates the individual to the position of ,deputy ,director1 shall not have engaged in any significant political activity 7including being a candidate for public office1 fundraising for a candidate for public office or a political party1 or serving as an officer or employee of a political campaign or party72 7,e7 shall not have ever been an agent of a foreign principal registered under the ,foreign ,agents ,registration ,act of #aich 7#bb ,u4,s4,c4 #faa et seq472 and 7,f7 during the #d-year period ending on the date on which the ,president nominates the individual to the position of ,deputy ,director1 shall not served as a fiduciary or personal attorney for an officer or employee of the ,federal ,government1 including anyone elected to public office4 4 7c7 ,authority and functions ,section #djb of the ,ethics in ,government ,act of #aigh 7#e ,u4,s4,c4 ,app7 is amended-- 7#a7 in subsection 7a7-- 7,a7 by striking shall provide and inserting the following3 8shall-- 7#a7 provide 2 7,b7 by striking the period at the end and inserting 2 and2 and 7,c7 by adding at the end the following3 7#b7 investigate potential violations by officers and employees in all branches of the ,federal ,government or by any other person of the laws or regulations relating to conflicts of interest or other ethics issues1 to the extent allowable by law and the ,constitution4 2 7#b7 in subsection 7b7-- 7,a7 in paragraph 7#a7-- 7i7 by striking the ,president or2 7ii7 by striking ethics and inserting other ethics issues2 and 7iii7 by striking title ,,ii of this ,act and inserting title ,i2 7,b7 in paragraph 7#b7-- 7i7 by striking the ,president or2 and 7ii7 by inserting and other ethics issues before the semicolon2 7,c7 in paragraph 7#c71 by striking title ,,ii of this ,act and inserting title ,i2 7,d7 in paragraph 7#d7-- 7i7 by striking conflict of interest laws or regulations and inserting laws or regulations relating to conflicts of interest or other ethics issues2 and 7ii7 by striking ethical problems and inserting other ethics issue2 7,e7 in paragraph 7#f7-- 7i7 by striking the ,president or2 and 7ii7 by striking ethical problems and inserting other ethics issues2 7,f7 in paragraph 7#g71 by striking conflict of interest problems and inserting conflicts of interest or other ethics issues2 7,g7 by striking paragraph 7#i7 and inserting the following3 7#i7 7,a7 investigating potential violations by officers and employees in the ,federal ,government 7including officers and employees in positions in the ,executive ,office of the ,president 7including the ,white ,house ,office77 of the laws or regulations relating to conflicts of interest or other ethics issues2 7,b7 ordering 7or with respect to the ,president1 recommending7 corrective action on the part of agencies1 officers1 and employees1 as determined appropriate by the ,director2 7,c7 as the ,director determines appropriate1 referring an alleged violation of the laws or regulations relating to conflicts of interest or other ethics issues to the ,attorney ,general or the head of the appropriate agency for civil or criminal enforcement2 and 7,d7 order appropriate disciplinary action with respect to an officer or employee in the executive branch1 in accordance with subsection 7f77#b72 2 7,h7 by striking paragraph 7#aa7 and inserting the following3 7#aa7 7,a7 evaluating the effectiveness of the laws and regulations relating to conflicts of interest and other ethics issues and recommending to ,congress appropriate amendments to prevent corruption and to improve ,government ethics1 accountability1 public integrity1 and transparency2 and 7,b7 preparing an annual report to ,congress1 which shall include-- 7i7 any recommended amendments described in subparagraph 7,a72 7ii7 a description of any significant actions taken by the ,director in carrying out the duties of the ,director1 including specific steps taken to ensure that ,federal officers and employees are complying with the laws and regulations relating to conflicts of interest or other ethics issues2 7iii7 information concerning significant violations of the laws or regulations relating to conflicts of interest or other ethics issues2 and 7iv7 corrective action concerning violations described in clause 7iii7 and progress made in implementing such corrective action2 2 7,i7 in paragraph 7#ab71 by striking conflict of interest and ethical problems and inserting conflicts of interest and other ethics issues2 7,j7 by striking paragraph 7#ac7 and inserting the following3 7#ac7 referring any potential violation of the laws and regulations relating to conflicts of interest and other ethics issues determined appropriate by the ,director for criminal enforcement to the ,attorney ,general1 accompanied by any evidence in the possession of the ,director and recommendations1 if any1 of the ,director regarding the appropriate charges or penalties2 2 7,k7 in paragraph 7#ad71 by striking and at the end2 7,l7 in paragraph 7#ae71 by striking title ,,ii of this ,act4 and inserting title ,i22 and 7,m7 by adding at the end the following3 7#af7 7,a7 assuming responsibilities for disclosures of ,executive ,branch financial holdings1 lobbying1 and influencing activities2 7,b7 conducting periodic and routine audits of disclosures described in subparagraph 7,a7 to ensure the accuracy of the documents2 and 7,c7 conducting targeted audits of disclosures described in subparagraph 7,a7 when the ,director has reason to believe such disclosures contain inaccuracies or misinformation2 7#ag7 receiving1 and within a reasonable timeframe responding to1 complaints from members of the public of alleged violations of the laws or regulations relating to conflicts of interest or other ethics issues2 7#ah7 reporting publicly anonymized information regarding the resolution of complaints received under paragraph 7#ag72 7#ai7 making available online on a central website that allows records to be available in a searchable1 sortable1 and downloadable format all ethics records that are required to be made publicly available under any provision of law1 or that the ,director determines may and should be made publicly available1 including ethics records described subsection 7j77#a72 7#bj7 after providing notice and an opportunity for a hearing1 imposing appropriate civil monetary penalties against individuals and entities who violate the laws or regulations relating to conflicts of interest or other ethics issues2 7#ba7 making appropriate enforcement referrals to the ,securities and ,exchange ,commission1 the ,office of the ,special ,counsel1 and other relevant ,federal or ,state law enforcement agencies in instances of violations of ,federal or ,state law1 where appropriate2 7#bb7 except as otherwise required by law or reserved to the ,president1 making and overseeing any waiver of the laws or regulations relating to conflicts of interest or other ethics issues2 7#bc7 testifying before each ,house of ,congress at least annually2 7#bd7 approving any significant determination by a designated agency ethics official1 including any ethics agreement1 financial disclosure1 recusal agreement1 or divestment determination1 for any individual serving in a position-- 7,a7 on any level of the ,executive ,schedule under subchapter ,,ii of chapter #ec of title #e1 ,united ,states ,code2 7,b7 in the executive branch pursuant to an appointment by the ,president1 by and with the advice and consent of the ,senate2 or 7,c7 in the ,executive ,office of the ,president2 7#be7 overseeing the day to day activities of each ,inspector ,general in the executive branch1 except to the extent provided otherwise by law2 and 7#bf7 administering the provisions of this title as they pertain to the heads of agencies4 2 7#c7 in subsection 7e7-- 7,a7 in paragraph 7#a71 by striking and at the end2 7,b7 in paragraph 7#b71 by striking the period at the end and inserting 2 and2 and 7,c7 by adding at the end the following3 7#c7 each executive agency shall furnish to the ,director all information and records in the possession of the executive agency that the ,director determines to be necessary for the performance of the duties of the ,director4 2 7#d7 in subsection 7f7-- 7,a7 in paragraph 7#a77;,a7-- 7i7 in clause 7i71 by inserting 7or1 with respect to the ,president1 recommend7 after order the first place it appears2 and 7ii7 in clause 7ii71 by inserting 7or1 with respect to the ,president1 recommend7 after order2 7,b7 in paragraph 7#b7-- 7i7 in subparagraph 7,a7-- 7,i7 in clause 7ii77,,ii71 by inserting and ,congress after the the ,president2 and 7,,ii7 in clause 7iv7-- 7aa7 in subclause 7,i71 by striking may recommend and all that follows through brought against the officer or employee and inserting may recommend that the agency head take a specific disciplinary action 7including reprimand1 suspension1 demotion1 or dismissal7 or that the agency head take such disciplinary action as the agency head determines appropriate with respect to the officer or employee2 and 7bb7 by striking subclause 7,,ii7 and inserting the following3 7,,ii7 if the ,director recommends a specific disciplinary action under subclause 7,i7 and the head of the agency 7not including the ,president7 has not taken appropriate disciplinary action within #ij days after the ,director recommends such action1 may1 after notifying the ,president and ,congress in writing1 order appropriate disciplinary action with respect to the officer or employee1 in accordance with subparagraph 7,b71 including reprimand1 suspension1 demotion1 or dismissal of the officer or employee4 2 7ii7 in subparagraph 7,b7-- 7,i7 by striking clause 7iii7 and inserting the following3 7iii7 ,subject to clause 7iv7 of this subparagraph1 before the ,director orders any action under subparagraph 7,a77iii7 or orders any disciplinary action under subparagraph 7,a77iv71 the ,director shall afford the officer or employee involved an opportunity for a hearing1 if requested by such officer or employee1 which shall be conducted on the record4 2 7,,ii7 by redesignating clause 7iv7 as clause 7vi72 7,,iii7 by inserting after clause 7iii7 the following3 7iv7 ,the ,director shall make publicly available any recommendation of a specific disciplinary action made by the ,director under subparagraph 7,a77iv77,i74 7v7 ,the authority of the ,director under subparagraph 7,a77iv77,,ii7 to order disciplinary action may not be delegated4 2 and 7,,iv7 in clause 7vi71 as so redesignated-- 7aa7 by striking title #b and inserting title ,i2 and 7bb7 by striking section #bjf and inserting section #ajd2 and 7iii7 by adding at the end the following3 7,c7 7i7 7,i7 ,a political appointee 7as defined in section #gad7;h7 of title #ch1 ,united ,states ,code7 with respect to whom the ,director orders a disciplinary action under subparagraph 7,a77iv7 may appeal the order to the ,president4 7,,ii7 ,a determination by the ,president in an appeal under subclause 7,i7 shall be-- 7aa7 made in writing2 7bb7 submitted to ,congress2 and 7cc7 made publicly available by the ,president4 7,,iii7 ,a determination by the ,president in an appeal under subclause 7,i7 shall not be subject to judicial review4 7ii7 ,an officer or employee who is not a political appointee with respect to whom the ,director orders a disciplinary action under subparagraph 7,a77iv7 may-- 7,i7 appeal a final order or decision of the ,director to the ,merit ,systems ,protection ,board under section #ggja of title #e1 ,united ,states ,code2 and 7,,ii7 seek judicial review of a final order or decision of the ,merit ,systems ,protection ,board in the ,court of ,appeals for the ,federal ,circuit in accordance with section #ggjc of title #e1 ,united ,states ,code4 2 7,c7 in paragraph 7#c71 in the matter preceding subparagraph 7,a71 by striking paragraph 7#b77;,a77iii7 and inserting clause 7iii7 or 7iv7 of paragraph 7#b77;,a72 7,d7 by striking paragraph 7#e72 and 7,e7 by redesignating paragraph 7#f7 as paragraph 7#e72 and 7#e7 by adding at the end the following3 7g7 ,as part of an investigation of potential violations of the laws or regulations relating to conflicts of interest or other ethics issues1 the ,director may require by subpoena the attendance of and testimony by witnesses and the production any book1 check1 canceled check1 correspondence1 communication1 document1 email1 papers1 physical evidence1 record1 recording1 tape1 or other material 7including electronic records7 relating to any matter or question the ,director is authorized to investigate from any individual or entity4 7h7 7#a7 ,if the ,attorney ,general declines to prosecute a criminal matter referred by the ,director1 the ,attorney ,general shall submit to the ,director and make publicly available written notice regarding the declination4 7#b7 ,the ,attorney ,general may redact information from the publicly available written notice under paragraph 7#a7 if the ,attorney ,general determines that disclosure of the information would constitute a clearly unwarranted invasion of personal privacy4 7i7 7#a7 ,in addition to the authority otherwise provided by this ,act1 the ,director1 any ,assistant ,director for ,investigations under the ,director who is appointed by the ,director1 and any special agent supervised by the ,director or ,assistant ,director may be authorized by the ,attorney ,general to seek warrants for search of a premises or seizure of evidence issued under the authority of the ,united ,states upon probable cause to believe that a violation has been committed4 7#b7 ,the ,attorney ,general shall promulgate1 and revise as appropriate1 guidelines which shall govern the exercise of the law enforcement powers established under paragraph 7#a74 7#c7 7,a7 ,the power authorized for the ,office of ,public ,integrity under paragraph 7#a7 may be rescinded or suspended upon-- 7i7 a determination by the ,attorney ,general that the exercise of authorized power by the ,office of ,public ,integrity has not complied with the guidelines promulgated by the ,attorney ,general under paragraph 7#b72 or 7ii7 a determination by the ,attorney ,general that available assistance from other law enforcement agencies is sufficient to meet the need for such powers4 7,b7 ,the powers authorized to be exercised by any individual under paragraph 7#a7 may be rescinded or suspended with respect to that individual upon a determination by the ,attorney ,general that such individual has not complied with guidelines promulgated by the ,attorney ,general under paragraph 7#b74 7#d7 ,no provision of this subsection shall limit the exercise of law enforcement powers established under any other statutory authority1 including ,united ,states ,marshals ,service special deputation4 7j7 7#a7 ,in carrying out subsection 7b77#ai71 except for classified records and any specific record described in this paragraph the ,director determines should not be made publicly available1 the website described in subsection 7b77#ai7 shall include-- 7,a7 public financial disclosure reports of nominees and appointees to positions on any level of the ,executive ,schedule under subchapter ,,ii of chapter #ec of title #e1 ,united ,states ,code2 7,b7 other public financial disclosure reports reviewed by the ,office of ,public ,integrity2 7,c7 ethics agreements of individuals nominated or appointed to a position by the ,president2 7,d7 certifications of compliance with ethics agreements by individuals appointed to a position by the ,president2 7,e7 ethics agreements of individuals appointed pursuant to subparagraph 7,a71 7,b71 or 7,c7 of section #aje7;a77#b7 or subparagraph 7,a71 7,b71 or 7,c7 of section #ajf7;a77#a7 of title #c1 ,united ,states ,code2 7,f7 certifications of compliance with ethics agreements by individuals appointed pursuant to subparagraph 7,a71 7,b71 or 7,c7 of section #aje7;a77#b7 or subparagraph 7,a71 7,b71 or 7,c7 of section #ajf7;a77#a7 of title #c1 ,united ,states ,code2 7,g7 all ethics waivers1 including waivers for senior government officials as defined in section #aja of the ,anti-,corruption and ,public ,integrity ,act1 issued pursuant to-- 7i7 section #bjg or #bjh of title #ah1 ,united ,states ,code2 7ii7 section #bfce4ejb7;d7 of title #e1 ,code of ,federal ,regulations1 or any successor thereto2 7iii7 section #bfce4ejc7;c7 of title #e1 ,code of ,federal ,regulations1 or any successor thereto2 7iv7 any ,executive ,order2 and 7v7 any other authority to waive other ethics requirements or extend any ethics-related deadlines2 7,h7 certificates of divestiture2 7,i7 records of approval by agencies of the acceptance of gifts by individuals appointed to a position by the ,president from outside sources for which employees must obtain agency approval2 7,j7 records relating to the initial ethics briefings of individuals appointed to a position by the ,president required by section #bfch4cje of title #e1 ,code of ,federal ,regulations1 or any successor thereto2 7,k7 records of ethics training completed by individuals appointed to a position by the ,president2 7,l7 reports of the review by the ,office of ,public ,integrity of agency ethics programs2 7,m7 report filed by executive agencies with the ,general ,services ,administration regarding the use of ,government aircraft by senior officials1 which shall be posted at least every #ij days and shall contain a complete explanation of the decision to use a ,government aircraft1 the cost of the use of a ,government aircraft1 and the selection of the type of aircraft used2 7,n7 any reports submitted to ,congress by the ,office of ,public ,integrity2 and 7,o7 any other ethics records that the ,director makes available to the public4 7#b7 ,the ,director shall ensure that-- 7,a7 all ethics agreements approved by the ,director specify conflicts of interest for each individual1 including all matters from which the individual shall be recused2 and 7,b7 the information relating to ethics agreements made available under subsection 7b77#ai7 is updated to reflect any additional matters from which the individual shall be recused4 4 7d7 ,reports to ,congress ,section #djh of the ,ethics in ,government ,act of #aigh 7#e ,u4,s4,c4 ,app47 is amended-- 7#a7 by inserting 7a7 before ,the ,director shall12 and 7#b7 by adding at the end the following3 7b7 ,notwithstanding any other provision of law or any rule1 regulation1 or policy directive1 upon request by a committee or subcommittee of ,congress1 the ,director1 or any employee of the ,office of ,public ,integrity designated by the ,director1 may transmit to the committee or subcommittee1 by report1 testimony1 or otherwise1 information and views on functions1 responsibilities1 or other matters relating to the ,office of ,public ,integrity1 without review1 clearance1 or approval by any other administrative authority4 7c7 7#a7 ,for each fiscal year1 the ,director may transmit a budget estimate and request to ,congress4 7#b7 ,the ,president shall include in each budget submitted under section #aaje of title #ca1 ,united ,states ,code-- 7,a7 a separate statement of the budget estimate and request prepared with the ,director2 7,b7 the amount requested by the ,president for the ,office of ,public ,integrity2 and 7,c7 any comments of the ,director with respect to the proposal by the ,president if the ,director concludes that the budget submitted by the ,president would substantially inhibit the ,director from performing the duties of the office4 4 7e7 ,definitions ,title ,,iv of the ,ethics in ,government ,act of #aigh 7#e ,u4,s4,c4 ,app47 is amended by adding at the end the following3 #dji4 ,definitions ,for purposes of this title-- 7#a7 the term agency includes the ,executive ,office of the ,president2 7#b7 the term head of an agency includes the ,president or a designee of the ,president1 for purposes of applying this title to the ,white ,house and the ,executive ,office of the ,president2 and 7#c7 the term laws or regulations relating to conflicts of interest or other ethics issues includes this ,act1 sections #bjc through #bji of title #ah1 ,united ,states ,code1 the ,stop ,trading on ,congressional ,knowledge ,act of #bjab 7,public ,law #aab-aje2 #e ,u4,s4,c4 ,app41 note to section #aja of ,public ,law #ie-eba71 any ,executive order substantially concerning ,government ethics1 any written ethics agreement or pledge signed by a ,presidential appointee1 and any other relevant ethics statutes or regulations4 4 7f7 ,provision of financial disclosures to the ,office of ,public ,integrity ,section #ajc7;j7 of the ,ethics in ,government ,act of #aigh 7#e ,u4,s4,c4 ,app47 is amended-- 7#a7 in paragraph 7#a71 by inserting and the ,director of the ,office of ,public ,integrity after ,official ,conduct of the ,house of ,representatives2 and 7#b7 in paragraph 7#b71 by inserting and the ,director of the ,office of ,public ,integrity after ,ethics of the ,senate4 7g7 ,technical and conforming amendments 7#a7 ,section #ecad of title #e1 ,united ,states ,code1 is amended by striking the item relating to the ,director of the ,office of ,government ,ethics and inserting the following3 ,director of the ,office of ,public ,integrity4 4 7#b7 ,section #gcjb7;a7 of title #e1 ,united ,states ,code1 is amended by striking ,government ,ethics and inserting ,public ,integrity4 7#c7 ,section #gcec7;d77#a77;,d7 of title #e1 ,united ,states ,code1 is amended by striking ,government ,ethics and inserting ,public ,integrity4 7#d7 ,section #aa7;b77#a77;,e7 of the ,inspector ,general ,act of #aigh 7#e ,u4,s4,c4 ,app47 is amended by striking ,government ,ethics and inserting ,public ,integrity4 7#e7 ,section #ab7;f7 of the ,federal ,deposit ,insurance ,act 7#ab ,u4,s4,c4 #ahbb7;f77 is amended by striking ,government ,ethics each place it appears and inserting ,public ,integrity4 7#f7 ,section #aeb7;g7 of the ,financial ,stability ,act of #bjaj 7#ab ,u4,s4,c4 #ecdb7;g77 is amended by striking ,government ,ethics and inserting ,public ,integrity4 7#g7 ,section #i7o77#ab7 of the ,small ,business ,act 7#ae ,u4,s4,c4 #fch7o77#ab77 is amended by striking ,government ,ethics and inserting ,public ,integrity4 7#h7 ,section #bjg of title #ah1 ,united ,states ,code1 is amended by striking ,government ,ethics each place it appears and inserting ,public ,integrity4 7#i7 ,section #bjh of title #ah1 ,united ,states ,code1 is amended by striking ,government ,ethics each place it appears and inserting ,public ,integrity4 7#aj7 ,section #ajdc7;b7 of the ,internal ,revenue ,code of #aihf is amended by striking ,government ,ethics each place it appears and inserting ,public ,integrity4 7#aa7 ,section #eid7;j77#e7 of title #bh1 ,united ,states ,code1 is amended by striking ,government ,ethics and inserting ,public ,integrity4 7#ab7 ,section #acec of title #ca1 ,united ,states ,code1 is amended by striking ,government ,ethics each place it appears and inserting ,public ,integrity4 7#ac7 ,section #bcjc7;c7 of title #da1 ,united ,states ,code1 is amended by striking ,government ,ethics and inserting ,public ,integrity4 7#ad7 ,section #c7;d77#c7 of the ,department of the ,interior ,volunteer ,recruitment ,act of #bjje 7#dc ,u4,s4,c4 #adge;b7d77#c77 is amended by striking ,government ,ethics and inserting ,public ,integrity4 7#ae7 ,section #djabb7;d7 of title #di1 ,united ,states ,code1 is amended by striking ,government ,ethics and inserting ,public ,integrity4 7#af7 ,section #ajb;,a of the ,national ,security ,act of #aidg 7#ej ,u4,s4,c4 #cjbd7 is amended by striking ,government ,ethics each place it appears and inserting ,public ,integrity4 7#ag7 ,section #ab7;g7 of the ,central ,intelligence ,agency ,act of #aidi 7#ej ,u4,s4,c4 #ceab7;g77 is amended in the matter preceding paragraph 7#a7 by striking ,government ,ethics and inserting ,public ,integrity4 #eab4 ,designated agency ethics officials 7a7 ,in general ,section #aji7c7 of the ,ethics in ,government ,act of #aigh 7#e ,u4,s4,c4 ,app47 is amended to read as follows3 7#c7 designated agency ethics official means an officer or employee of an agency-- 7,a7 who is appointed and supervised by the head of the agency1 after consultation with the ,director of the ,office of ,public ,integrity and the ,inspector ,general of the agency2 7,b7 who may only be removed by the head of the agency1 after consultation with the ,director of the ,office of ,public ,integrity and the ,inspector ,general of the agency2 7,c7 has a permanent duty station in the same physical building as the head of the agency employing the officer or employee1 unless the head of the agency is the ,president2 7,d7 is designated to administer the provisions of this title within the agency1 except as they pertain to the head of the agency2 7,e7 may not have other significant duties or responsibilities that might distract from the duty of the officer or employee to administer the provisions of this title within the agency2 7,f7 who shall not1 at any time or in any manner1 be prevented1 inhibited1 or prohibited by the head of the agency from administering the provisions of this title within the agency4 4 7b7 ,review by ,director ,section #aaa of the ,ethics in ,government ,act of #aigh 7#e ,u4,s4,c4 ,app47 is amended-- 7#a7 by inserting 7a7 before ,the provisions2 7#b7 by inserting 7subject to subsection 7b77 after designated agency ethics official2 and 7#c7 by adding at the end the following3 7b7 7#a7 ,a designated agency ethics official shall submit to the ,director of the ,office of ,public ,integrity-- 7,a7 each significant determination 7including any ethics agreement1 financial disclosure1 recusal agreement1 or divestment determination7 by the designated agency ethics official relating to the application or implementation of the laws or regulations relating to conflicts of interest or other ethics issues 7including this title7 for any individual serving in a position-- 7i7 on any level of the ,executive ,schedule under subchapter ,,ii of chapter #ec of title #e1 ,united ,states ,code2 7ii7 in the executive branch pursuant to an appointment by the ,president1 by and with the advice and consent of the ,senate2 or 7iii7 in the ,executive ,office of the ,president2 7,b7 any determination by the designated agency ethics official relating to the application or implementation of the laws or regulations relating to conflicts of interest or other ethics issues 7including this title7 that the ,director requests from the designated agency ethics official4 7#b7 ,the ,director of the ,office of ,public ,integrity-- 7,a7 may review any determination received under paragraph 7#a72 7,b7 shall notify and advise the designated agency ethics official if the ,director determines that the determination received under paragraph 7#a7 does not comport with the laws or regulations relating to conflicts of interest or other ethics issues2 7,c7 not later than #cj days after the notification and advice under subparagraph 7,b71 may reverse or modify the determination if the ,director determines that the determination does not comport with the laws or regulations relating to conflicts of interest or other ethics issues2 and 7,d7 shall periodically audit a sample of determinations received under paragraph 7#a74 4 7c7 ,authority ,to recommend discipline ,section #aaa of the ,ethics in ,government ,act of #aigh 7#e ,u4,s4,c4 ,app471 as amended by subsection 7b71 is amended by adding at the end the following3 7c7 7#a7 ,if a designated agency ethics official has credible evidence or reason to believe that an officer or employee of the agency is violating1 or has violated1 any rule1 regulation1 or ,executive order relating to conflicts of interest or standards of conduct1 the designated agency ethics official may-- 7,a7 refer potential violations to the ,inspector ,general or the ,director of the ,office of ,public ,integrity2 and 7,b7 recommend that the head of the agency take a specific disciplinary action 7including dismissal74 7#b7 ,a designated agency ethics official shall make publicly available any recommendation of a specific disciplinary action made by the designated agency ethics official under paragraph 7#a74 4 7d7 ,current ,d,a,e,os ,an individual serving as a designated agency ethics official on the day before the date of enactment of this ,act may continue to serve as the designated agency ethics official for the agency employing the individual if-- 7#a7 determined appropriate by the head of the agency employing the designated agency ethics official2 and 7#b7 after the date of enactment of this ,act1 the individual-- 7,a7 reports directly to the head of the agency employing the designated agency ethics official2 and 7,b7 may only be removed by the head of the agency1 after consultation with the ,director of the ,office of ,public ,integrity and the ,inspector ,general of the agency4 ,b ,inspectors ,general #eca4 ,general supervision and removal of ,inspectors ,general 7a7 ,in general ,the ,inspector ,general ,act of #aigh 7#e ,u4,s4,c4 ,app47 is amended-- 7#a7 in section #c-- 7,a7 in subsection 7a71 by striking the second sentence and inserting the following3 ,each ,inspector ,general shall report to and be under the general supervision of the ,director of the ,office of ,public ,integrity1 and shall not report to1 or be subject to supervision by1 any other officer of the establishment involved42 and 7,b7 in subsection 7b7-- 7i7 in the first sentence-- 7,i7 by inserting 7#a7 before ,an ,inspector ,general2 and 7,,ii7 by inserting for inefficiency1 neglect of duty1 or malfeasance in office before the period at the end2 7ii7 by striking the second sentence and inserting the following3 ,the ,director of the ,office of ,public ,integrity may make a formal recommendation to the ,president for the removal of an ,inspector ,general under this subsection4 ,if an ,inspector ,general is removed from office1 is transferred to another position or location within an establishment1 or is placed on paid or unpaid leave1 the ,president shall communicate in writing the reasons for any such removal1 leave placement1 or transfer to both ,houses of ,congress and to the ,director of the ,office of ,public ,integrity not later than #cj days before the removal1 leave placement1 or transfer42 and 7iii7 by adding at the end the following3 7#b7 7,a7 ,in the event of a vacancy in the position of ,inspector ,general of an establishment of more than #baj days1 the ,director of the ,office of ,public ,integrity may direct an officer or employee of the establishment to perform the functions and duties of the position of ,inspector ,general temporarily in an acting capacity for a period of not more than #cfe days4 7,b7 ,if an ,inspector ,general of an establishment is not appointed during the #cfe-;day period described in subparagraph 7,a71 the ,director of the ,office of ,public ,integrity may direct the same or another officer or employee of the establishment to perform the functions and duties of the position of ,inspector ,general temporarily in an acting capacity for a period of not more than #cfe days4 7,c7 ,if an ,inspector ,general of an establishment is not appointed during the #cfe-;day period described in subparagraph 7,b71 the ,director of the ,office of ,public ,integrity may direct the same or another officer or employee of the establishment to perform the functions and duties of the position of ,inspector ,general temporarily in an acting capacity for a period of not more than #cfe days4 2 7#b7 in section #h;,a7a71 by inserting and the ,director of the ,office of ,public ,integrity before the period at the end2 7#c7 in section #h;,b1 by amending subsection 7a7 to read as follows3 7a7 ,the ,director of the ,office of ,public ,integrity-- 7#a7 may delegate the authority specified in the second sentence of section #c7;a7 to the ,chairman or another member of the ,nuclear ,regulatory ,commission2 and 7#b7 may not delegate the authority specified in the second sentence of section #c7;a7 to any other officer or employee of the ,nuclear ,regulatory ,commission4 2 7#d7 in section #h;,c1 by amending subsection 7a7 to read as follows3 7a7 ,delegation ,the ,director of the ,office of ,public ,integrity-- 7#a7 may delegate the authority specified in the second sentence of section #c7;a7 to the ,chairperson or ,vice ,chairperson of the ,federal ,deposit ,insurance ,corporation2 and 7#b7 may not delegate the authority specified in the second sentence of section #c7;a7 to any other officer or employee of the ,federal ,deposit ,insurance ,corporation4 2 7#e7 in section #h;,g-- 7,a7 in subsection 7a7-- 7i7 in paragraph 7#e71 by striking and at the end2 7ii7 in paragraph 7#f71 by striking the period at the end and inserting 2 and2 and 7iii7 by adding at the end the following3 7#g7 the term ,director means the ,director of the ,office of ,public ,integrity4 2 7,b7 in subsection 7c71 in the first sentence1 by inserting 1 after consulting with the ,director1 after head of the designated ,federal entity2 7,c7 in subsection 7d77#a71 by striking the first sentence and inserting the following3 ,each ,inspector ,general shall report to and be under the general supervision of the ,director1 and shall not report to1 or be subject to supervision by1 any other officer or employee of the designated ,federal entity42 and 7,d7 in subsection 7e7-- 7i7 in paragraph 7#a71 by inserting and after consulting with the ,director before the period at the end2 and 7ii7 in paragraph 7#b71 by inserting ,an ,inspector ,general may be removed from office by the head of the designated ,federal entity for inefficiency1 neglect of duty1 or malfeasance in office after the head of the designated entity consults with the ,director1 or by the ,president for inefficiency1 neglect of duty1 or malfeasance in office4 before ,if an ,inspector2 and 7#f7 in section #h,m7b77#a7-- 7,a7 in subparagraph 7,a71 by striking and at the end2 7,b7 in subparagraph 7,b77iii77,,ii71 by striking the period at the end and inserting a semicolon2 and 7,c7 by adding at the end the following3 7,c7 ensure that1 if any portion of a report described in subparagraph 7,a7 contains information that is classified1 sensitive1 or otherwise prohibited from disclosure by law1 a redacted version of the report be posted on the website of the ,office of ,inspector ,general that does not contain the classified1 sensitive1 or prohibited information2 7,d7 ensure that1 if an entire report described in subparagraph 7,a7 is classified1 sensitive1 or otherwise prohibited from disclosure by law1 the ,inspector ,general posts the title of the report1 the date of publication of the report1 a general description of the subject matter of the report1 and a justification for the report not to be posted on the website of the ,office of ,inspector ,general2 and 7,e7 include on the website of the ,office of ,inspector ,general a listing of each report described in subparagraph 7,d7 that is not posted on the website4 4 7b7 ,inspector ,general of the ,central ,intelligence ,agency ,section #ag7;b7 of the ,central ,intelligence ,agency ,act of #aidi 7#ej ,u4,s4,c4 #ceag7;b77 is amended-- 7#a7 in paragraph 7#b71 by inserting of the ,office of ,public ,integrity1 who may delegate that authority to the ,director of the ,agency before the period at the end2 and 7#b7 in paragraph 7#f7-- 7,a7 in the first sentence1 by inserting for inefficiency1 neglect of duty1 or malfeasance in office before the period at the end2 and 7,b7 by inserting after the first sentence the following3 ,the ,director of the ,office of ,public ,integrity may make a formal recommendation to the ,president for the removal of the ,inspector ,general under this paragraph44 7c7 ,inspector ,general of the ,intelligence ,community ,section #ajc;,h7c7 of the ,national ,security ,act of #aidg 7#ej ,u4,s4,c4 #cjcc7;c77 is amended-- 7#a7 in paragraph 7#c71 by striking ,national ,intelligence and inserting the ,office of ,public ,integrity1 who may delegate that authority to the ,director of ,national ,intelligence2 and 7#b7 in paragraph 7#d7-- 7,a7 in the first sentence1 by inserting for inefficiency1 neglect of duty1 or malfeasance in office before the period at the end2 and 7,b7 by inserting after the first sentence the following3 ,the ,director of the ,office of ,public ,integrity may make a formal recommendation to the ,president for the removal of the ,inspector ,general under this paragraph44 7d7 ,inspector ,general of ,,sigar ,section #abbi7;e77#a7 of the ,national ,defense ,authorization ,act for ,fiscal ,year #bjjh 7,public ,law #aaj-aha2 #abb ,stat4 #cgi7 is amended by striking the ,secretary of ,state and the ,secretary of ,defense and inserting the ,director of the ,office of ,public ,integrity1 who may delegate that authority to the ,secretary of ,state and the ,secretary of ,defense4 7e7 ,inspector ,general of ,,sigtarp ,section #aba7;b7 of the ,emergency ,economic ,stabilization ,act of #bjjh 7#ab ,u4,s4,c4 #ebca7;b77 is amended by adding at the end the following3 7#g7 ,the ,special ,inspector ,general shall report to and be under the general supervision of the ,director of the ,office of ,public ,integrity1 who may delegate that authority to the ,secretary4 4 7f7 ,conforming amendments to ,federal ,vacancies ,reform ,act ,subchapter ,,iii of chapter #cc of title #e1 ,united ,states ,code1 is amended-- 7#a7 in section #ccde-- 7,a7 in subsection 7a71 in the matter preceding paragraph 7#a71 by striking ,if and inserting ,subject to subsection 7d71 if and 7,b7 by adding at the end the following3 7d7 ,after the date that is #baj days after the date on which a vacancy in the office of the ,inspector ,general of an agency described in subsection 7a7 begins1 the ,president may not exercise the authority under this section with respect to that vacancy in the office of the ,inspector ,general4 2 7#b7 in section #ccdf-- 7,a7 in subsection 7a71 in the matter preceding paragraph 7#a71 by inserting and subject to subsection 7d71 after sickness12 and 7,b7 by adding at the end the following3 7d7 ,a person serving as acting officer in the office of the ,inspector ,general of an agency under section #ccde may not serve in the office after the date that is #baj days after the date on which the vacancy in the office begins1 without regard to whether a nomination to the office has been submitted to1 is pending in1 has been rejected by1 has been withdrawn by the ,president from1 or has been returned to the ,president by the ,senate4 2 7#c7 in section #ccdi7;b71 in the matter preceding paragraph 7#a71 by inserting 1 or1 in the case of an ,inspector ,general1 that an officer is serving after the end of the #baj day period under section #ccdf7;d71 after #ccdi;a12 and 7#d7 in section #ccdi;a7b71 in the matter preceding paragraph 7#a71 by striking ,with and inserting ,except in the case of an ,inspector ,general1 with4 ,c ,office of ,congressional ,ethics #eea4 ,definitions ,in this subtitle-- 7#a7 the term applicable ethics committee means the ,select ,committee on ,ethics of the ,senate 7for ,senators and employees of the ,senate7 or the ,committee on ,ethics of the ,house of ,representatives 7for ,members of the ,house of ,representatives and employees of the ,house of ,representatives72 7#b7 the term ,board means the ,congressional ,ethics ,board established under section #eec7;a72 7#c7 the term employee of ,congress means an employee of the ,house of ,representatives or an employee of the ,senate2 7#d7 the term employee of the ,house of ,representatives has the meaning given the term in section #aja of the ,congressional ,accountability ,act of #aiie 7#b ,u4,s4,c4 #acja7 and includes an elected or appointed officer of the ,house of ,representatives2 7#e7 the term employee of the ,senate has the meaning given the term in section #aja of the ,congressional ,accountability ,act of #aiie 7#b ,u4,s4,c4 #acja7 and includes an elected or appointed officer of the ,senate2 and 7#f7 the term ,member means any ,senator or ,representative in1 or ,delegate or ,resident ,commissioner to1 the ,congress4 #eeb4 ,the ,office of ,congressional ,ethics ,for the purpose of assisting the ,house of ,representatives and the ,senate in carrying out the responsibilities under article ,i1 section #e1 clause #b of the ,constitution of the ,united ,states 7commonly referred to as the ,discipline ,clause71 there is established an independent office in the legislative branch to be known as the ,office of ,congressional ,ethics 7referred to in this subtitle as the ,office71 which shall be governed by the ,congressional ,ethics ,board established under section #eec7;a74 #eec4 ,establishment of the ,board of the ,office of ,congressional ,ethics 7a7 ,board 7#a7 ,establishment of ,board ,the ,office shall be governed by a ,congressional ,ethics ,board consisting of #i members1 of whom-- 7,a7 #b shall be appointed by the ,majority ,leader of the ,senate2 7,b7 #b shall be appointed by the ,minority ,leader of the ,senate2 7,c7 #b shall be appointed by the ,speaker of the ,house of ,representatives2 7,d7 #b shall be appointed by the ,minority ,leader of the ,house of ,representatives2 and 7,e7 #a shall be appointed by agreement of the ,majority ,leader of the ,senate1 the ,minority ,leader of the ,senate1 the ,speaker of the ,house of ,representatives1 and the ,minority ,leader of the ,house of ,representatives1 or by agreement of not less than #c of those individuals4 7#b7 ,qualifications of ,board members 7,a7 ,expertise ,each member of the ,board shall be an individual of exceptional public standing who is specifically qualified to serve on the ,board by virtue of the individual's education1 training1 or experience in #a or more of the legislative1 judicial1 regulatory1 professional ethics1 business1 legal1 or academic fields4 7,b7 ,selection basis ,selection and appointment of each member of the ,board shall be without regard to political affiliation and solely on the basis of fitness to perform the duties of a member of the ,board4 7,c7 ,citizenship ,each member of the ,board shall be a ,united ,states citizen4 7,d7 ,disqualifications ,no individual shall be eligible for appointment to1 or service on1 the ,board who-- 7i7 has ever been registered1 or required to be registered1 as a lobbyist under the ,lobbying ,disclosure ,act of #aiie 7#b ,u4,s4,c4 #afja et seq472 7ii7 engages in1 or is otherwise employed in1 lobbying of the ,congress2 7iii7 is registered or is required to be registered as an agent of a foreign principal under the ,foreign ,agents ,registration ,act of #aich 7#bb ,u4,s4,c4 #faa et seq472 7iv7 is1 or has been in the #d years preceding the date of appointment1 a ,member1 employee of the ,senate1 or employee of the ,house of ,representatives2 7v7 is an officer or employee of the ,federal ,government2 7vi7 during the #d years preceding the date of appointment1 engaged in any significant political activity 7including being a candidate for public office1 fundraising for a candidate for public office or a political party1 or serving as an officer or employee of a political campaign or party72 or 7vii7 during the #d years preceding the date of appointment1 served as a fiduciary or personal attorney for an officer or employee of the ,federal ,government1 including any ,member4 7#c7 ,term and removal 7,a7 ,length of term ,the term of a member of the ,board shall be for #b ,congresses4 7,b7 ,term limits ,a member of the ,board may not serve during #d consecutive ,congresses4 7,c7 ,removal ,a member of the ,board may be removed only for cause and upon unanimous agreement among the ,majority ,leader and the ,minority ,leader of the ,senate and the ,speaker and the ,minority ,leader of the ,house of ,representatives4 7,d7 ,vacancies ,any vacancy on the ,board shall be filled for the unexpired portion of the term in the same manner1 and by the same appointing authority1 as the original appointment under paragraph 7#a74 7b7 ,chairperson and vice-,chairperson 7#a7 ,in general ,the members of the ,board shall elect a chairperson and a vice-chairperson of the ,board by a majority vote4 ,the chairperson and the vice-chairperson shall serve a #a-year term1 and may be reelected for additional #a-year terms4 7#b7 ,duties ,the chairperson of the ,board shall preside at the meetings of the ,board1 and the vice-chairperson shall preside in the absence or disability of the chairperson4 7c7 ,meetings 7#a7 ,quorum ,a majority of the members of the ,board shall constitute a quorum1 except that a lesser number of members may hold hearings4 7#b7 ,meetings ,the ,board shall meet at the call of the chairperson or the call of a majority of its members1 pursuant to the rules of the ,board4 7#c7 ,voting ,except as otherwise specifically provided1 a majority vote of the ,board under this subtitle shall require an affirmative vote of #e or more members4 7d7 ,compensation ,a member of the ,board shall not be considered to be an officer or employee of the ,house or ,senate1 but shall be compensated at a rate equal to the daily equivalent of the minimum annual rate of basic pay prescribed for ,,gs-#ae of the ,general ,schedule under section #eajg of title #e1 ,united ,states ,code1 for each day 7including travel time7 during which such member is engaged in the performance of the duties of the ,board4 7e7 ,duties of ,board 7#a7 ,in general ,the ,board shall-- 7,a7 be the governing body of the ,office1 and oversee the ,office in the implementation of all duties required under this subtitle2 and 7,b7 review each complaint made against a ,member or employee of ,congress through the review process described in section #eee7;b74 7#b7 ,hearings ,the ,board may hold such hearings as are necessary and may sit and act only in executive session at such times and places1 solicit such testimony1 and receive such relevant evidence1 as may be necessary to carry out its duties4 7f7 ,financial disclosure reports 7#a7 ,in general ,each member of the ,board shall file an annual financial disclosure report with the ,secretary of the ,senate and the ,clerk of the ,house of ,representatives on or before ,may #ae of each calendar year immediately following any year in which the member served on the ,board4 ,each such report shall be on a form prepared jointly by the ,clerk and the ,secretary that is substantially similar to the form required for individuals at the executive branch who must complete a confidential financial disclosure report under section #ajb of the ,ethics in ,government ,act of #aigh 7#e ,u4,s4,c4 ,app474 7#b7 ,distribution of report ,the ,secretary of the ,senate and the ,clerk of the ,house of ,representatives1 working jointly1 shall-- 7,a7 not later than #g days after the date each financial disclosure report under paragraph 7#a7 is filed1 send a copy of each such report to the applicable ethics committees2 and 7,b7 annually print all such financial disclosure reports as a document of ,congress1 and make the document available to the public4 #eed4 ,duties and ,powers of the ,office and the ,board 7a7 ,in general ,the ,office is authorized-- 7#a7 in accordance with section #eee-- 7,a7 to investigate any alleged violation1 by a ,member or employee of ,congress1 of any ethics law 7including regulations71 rule1 or other standard of conduct applicable to the conduct of such ,member or employee under applicable ,house or ,senate rules in the performance of the duties1 or the discharge of the responsibilities1 of the ,member or employee2 and 7,b7 in any case where the ,board determines1 after the investigation described in subparagraph 7,a71 that there was a probable violation of any ethics law1 rule1 or other standard of conduct described in such subparagraph1 to present the probable ethics violation to the applicable ethics committee2 7#b7 to refer to appropriate ,federal or ,state authorities1 including the ,office of ,public ,integrity and the ,department of ,justice as appropriate1 any evidence of a violation by a ,member or employee of ,congress of any law 7including laws applicable to the performance of the duties1 or the discharge of the responsibilities1 of the ,member or employee71 which may have been disclosed in an investigation by the ,office1 in accordance with subsection 7b72 7#c7 to provide advice and informal guidance to ,members and employees of ,congress regarding any ethics law 7including regulations71 rule1 or other standard of conduct applicable to such individuals in their official capacities1 and develop and carry out periodic educational briefings for ,members and employees of ,congress on those laws1 rules1 and other standards2 7#d7 7,a7 to give consideration to the request of any ,member or employee of ,congress for a formal advisory opinion or other formal ruling1 subject to the approval of the applicable ethics committee1 with respect to the general propriety of any current or proposed conduct of such ,member or employee2 7,b7 to provide a formal advisory opinion or other formal ruling1 in accordance with subparagraph 7,a71 in situations that the ,board determines appropriate2 and 7,c7 subject to the requirement for approval by the applicable ethics committee in accordance with subsection 7c71 and with appropriate deletions to assure the privacy of the individual concerned1 to publish such opinion for the guidance of other ,members and employees of ,congress2 7#e7 if the ,office determines1 during the course of any investigation under this subtitle1 that a lobbyist or lobbying firm may be in noncompliance with the ,lobbying ,disclosure ,act of #aiie 7#b ,u4,s4,c4 #afja et seq471-- 7,a7 to notify the ,united ,states ,attorney for the ,district of ,columbia and the ,director of the ,office of ,public ,integrity of the potential violation2 and 7,b7 to notify the lobbyist or lobbying firm of such determination1 in writing2 7#f7 to provide informal guidance to lobbyists or lobbying firms engaged in lobbying activity or lobbying contacts under the ,lobbying ,disclosure ,act of #aiie 7#b ,u4,s4,c4 #afja et seq47 to covered legislative branch officials 7as defined in section #c of such ,act 7#b ,u4,s4,c4 #afjb77 of their responsibilities under such ,act2 7#g7 to aid in the enforcement of ethics requirements for ,members or employees of ,congress under this subtitle or any other provision of law2 and 7#h7 to administer the process for ,members and employees of ,congress to seek and receive any waivers from any ethics law 7including regulations71 rule1 or other standard that applies to ,members and employees of ,congress1 subject to approval of the applicable ethics committee4 7b7 ,referrals to law enforcement officials 7#a7 ,in general ,upon a majority vote of the ,board1 the ,office may refer potential legal violations committed by a ,member or employee of ,congress to the ,department of ,justice or other relevant ,federal or ,state law enforcement officials1 which referral shall include all appropriate evidence gathered during any review conducted under this subtitle4 7#b7 ,no approval required ,a referral under paragraph 7#a7 does not require the approval of either of the applicable ethics committees4 7#c7 ,notification ,the ,board shall notify the ,select ,committee on ,ethics of the ,senate or the ,committee on ,ethics of the ,house of ,representatives1 and the ,director of the ,office of ,public ,integrity of all referrals under this subsection4 7c7 ,advisory opinions 7#a7 ,in general ,upon a majority vote of the ,board1 the ,office may draft and publish recommended formal advisory opinions and interpretations of rules and other standards of conduct applicable to ,members and employees of ,congress1 which shall be submitted to each applicable ethics committee for approval4 7#b7 ,requirements for ethics committee review ,each applicable ethics committee may revise1 overturn1 dismiss1 or issue any recommended formal advisory opinions or interpretations under paragraph 7#a7 that is applicable to the ,members and employees of that ,house of ,congress4 ,a recommended formal advisory opinion or interpretation under paragraph 7#a7 is only binding if issued by one of the applicable ethics committees4 7#c7 ,requirements ,any applicable ethics committee decision described in paragraph 7#b7 shall be recorded and made publicly available1 and shall be accompanied by a written explanation for that action4 ,dissenting members of the applicable ethics committee are allowed to issue their own report detailing reasons for disagreeing with the decision4 7d7 ,limitations on review ,no review shall be undertaken by the ,board of any alleged violation of law1 rule1 regulation or standard of conduct not in effect at the time of the alleged violation1 nor shall any review be undertaken by the ,board of any alleged violation that occurred before the date of enactment of this ,act4 7e7 ,prohibition on public disclosure 7#a7 ,in general 7,a7 ,required affirmation by members and staff ,when an individual becomes a member of the ,board or employee of the ,office1 that individual shall execute the following oath or affirmation in writing3 ,i do solemnly swear 7or affirm7 that ,i will not disclose to any person or entity outside of the ,office any information received in the course of my service with the ,office1 except as authorized by the ,board by majority vote as necessary to conduct official business or pursuant to its rules44 ,copies of the executed oath shall be provided to the ,clerk of the ,house of ,representatives and the ,secretary of the ,senate as part of the records of the ,house and ,senate4 7,b7 ,prohibition on public disclosure ,no testimony received1 or any other information obtained1 by a member of the ,board or employee of the ,office shall be publicly disclosed to any person or entity outside the ,office1 unless approved by a majority vote of the ,board4 ,any communication to any person or entity outside the ,office may occur only as authorized by the ,board4 7,c7 ,procedures and investigation ,the ,office shall establish procedures necessary to prevent the unauthorized disclosure of any information received by the ,office4 ,any breaches of confidentiality shall be investigated by the ,board and appropriate action shall be taken4 7#b7 ,provision with respect to ,office of ,public ,integrity or ,ethics committees ,paragraph 7#a7 shall not preclude-- 7,a7 any member of the ,board or any employee of the ,office from presenting a report or findings of the ,board1 or testifying before the ,select ,committee on ,ethics of the ,senate or the ,committee on ,ethics of the ,house of ,representatives by any member of the ,board or employee of the ,office1 if requested by either committee pursuant to the rules of the committee2 7,b7 any necessary communication with the ,office of ,public ,integrity2 7,c7 any necessary communication with the ,department of ,justice or any other law enforcement agency2 or 7,d7 any necessary communication with the ,majority ,leader of the ,senate1 ,minority ,leader of the ,senate1 ,speaker of the ,house of ,representatives1 or ,minority ,leader of the ,house of ,representatives4 7#c7 ,opportunity to present ,before the ,board votes on a recommendation or statement to be transmitted to the appropriate congressional committee relating to official conduct of any ,member or employee of ,congress1 the ,board shall provide that individual the opportunity to present1 orally or in writing 7at the discretion of the ,board71 a statement to the ,board4 7f7 ,presentation of reports to ,select ,committee on ,ethics of the ,senate or the ,committee on ,ethics of the ,house of ,representatives ,whenever the ,board transmits any report to the applicable ethics committee relating to the official conduct of any ,member or employee of ,congress1 it shall designate a member of the ,board or employee to present the report to such committee if requested by such committee4 7g7 ,maintaining of financial disclosure reports ,the ,office shall receive1 and maintain1 a copy of each report filed under section #aja of the ,ethics in ,government ,act of #aigh 7#e ,u4,s4,c4 ,app47 by a ,member or employee of ,congress4 7h7 ,memorandum of understanding with the ,office of ,public ,integrity ,the ,office shall enter into a memorandum of understanding with the ,director of the ,office of ,public ,integrity in order-- 7#a7 to share any information necessary for the execution of each office's respective duties and responsibilities1 including the copies of reports described in subsection 7g72 7#b7 to ensure consistent interpretation and enforcement of the ,nation's ethics laws for executive and legislative branch employees and officials2 and 7#c7 to reduce and mitigate jurisdictional confusion4 #eee4 ,review process of complaints 7a7 ,source of complaints 7#a7 ,citizen complaints 7,a7 ,citizen initiated sworn complaint ,any citizen of the ,united ,states1 including a ,member or employee of ,congress1 may file with the ,office a sworn complaint alleging a violation by a ,member or employee of ,congress of any law 7including any regulation71 rule1 or other standard of conduct applicable to the conduct of such ,member or employee in the performance of the duties1 or the discharge of the responsibilities1 of the ,member or employee1 subject to subparagraph 7,b74 7,b7 ,ban on filing prior to election ,the ,board may not accept citizen complaints regarding the conduct of a ,member filed in the-- 7i7 #cj days prior to a primary election for which the ,member in question is a candidate2 and 7ii7 #fj days prior to a general election for which the ,member in question is a candidate4 7,c7 ,content ,the complaint under subparagraph 7,a7 shall be a notarized written statement alleging a violation against #a or more named persons and stating the essential facts constituting the violation charged4 7#b7 ,board member or office of congressional ethics initiated complaint ,a member of the ,board or an employee of the ,office may file a complaint alleging a violation by a ,member or employee of ,congress of any law 7including any regulation71 rule1 or other standard of conduct applicable to the conduct of such ,member or employee in the performance of the duties1 or the discharge of the responsibilities1 of the ,member or employee4 7#c7 ,notification ,upon receipt of a complaint filed under paragraph 7#a7 or 7#b7 that meets the requirements of this subsection1 the ,office shall-- 7,a7 notify the person alleged to have committed the violation that a complaint has been filed2 and 7,b7 refer the complaint to the ,board for consideration under the review process described in subsection 7b74 7b7 ,review process of alleged violations by ,members or employees of ,congress 7#a7 ,request ,after receiving a complaint under subsection 7a77#c77;,b71 #b or more members of the ,board may submit a joint written statement to all members of the ,board authorizing the ,office to undertake a preliminary review of any alleged violation by a ,member or employee of ,congress of any law 7including any regulation71 rule1 or other standard of conduct applicable to the conduct of such ,member or employee in the performance of the duties1 or the discharge of the responsibilities1 of the ,member or employee1 along with a brief description of the specific matter4 7#b7 ,preliminary review 7,a7 ,in general ,not later than #g business days after receipt of an authorization statement from #b or more members of the ,board under paragraph 7#a71 the ,board shall-- 7i7 instruct the ,office to initiate a preliminary review of the alleged violation2 and 7ii7 provide a written notification of the commencement of the preliminary review1 including a statement of the nature of the review1 to-- 7,i7 the applicable ethics committee2 7,,ii7 any individual who is the subject of the preliminary review2 and 7,,iii7 the ,director of the ,office of ,public ,integrity4 7,b7 ,opportunity to terminate preliminary review ,at any time1 the ,board may1 by a majority vote1 terminate a preliminary review on any ground1 including that the matter under review is de minimis in nature4 ,if the ,board votes to terminate the preliminary review-- 7i7 the review process under this section is completed and no further actions shall be taken2 and 7ii7 the ,board-- 7,i7 shall notify1 in writing1 the individual who was the subject of the preliminary review1 the ,director of the ,office of ,public ,integrity1 and the applicable ethics committee1 of its decision to terminate the review of the matter2 and 7,,ii7 may1 in any case where the ,board votes to terminate the preliminary review1 send a report1 including any findings of the ,board1 to the applicable ethics committee and to the ,director of the ,office of ,public ,integrity4 7#c7 ,second-phase review process 7,a7 ,vote for second-phase review 7i7 ,in general ,after the preliminary review conducted under paragraph 7#b7 is completed1 the ,board shall vote on whether to authorize a second-phase review of the matter under consideration4 ,if there is an affirmative vote of #d or more members of the ,board to authorize the second-phase review1 the ,board shall authorize the second-phase review process in accordance with subparagraph 7,b74 7ii7 ,termination of matter ,if a vote to authorize a second-phase review under clause 7i7 does not succeed1 the review process under this section shall be completed and no further actions shall be taken4 7iii7 ,notification to parties ,the ,board-- 7,i7 shall notify1 in writing1 the individual who was the subject of the preliminary review1 the ,director of the ,office of ,public ,integrity1 and the applicable ethics committee1 of its decision to authorize a second-phase review of the matter or to terminate the review process2 and 7,,ii7 may1 in any case where the ,board decides to terminate the review process of the violation under clause 7ii71 send a report1 including any findings of the ,board1 to the applicable ethics committee and to the ,director of the ,office of ,public ,integrity4 7,b7 ,second-phase review ,in any case where a second-phase review is required1 the ,board shall authorize the ,office to commence1 and complete1 a second-phase review4 7,c7 ,completion of second-phase review ,upon the completion of any second-phase review1 the ,board shall-- 7i7 evaluate the review and determine1 based on a majority vote1 whether-- 7,i7 the applicable ethics committee should dismiss the matter that was the subject of such review1 which may be made on any ground1 including that the matter under review is de minimis in nature2 7,,ii7 the matter requires further review by the applicable ethics committee2 or 7,,iii7 the applicable ethics committee should take action relating to the matter1 including any recommendation for the disciplinary action or sanctions that the committee should take2 7ii7 transmit to the applicable ethics committee a written report that includes-- 7,i7 a statement of the nature of the review and the ,member or employee of ,congress who is the subject of the review1 including any probable ethics violations uncovered in either the preliminary or second-phase review2 7,,ii7 any recommendations of the ,board based on votes conducted under clause 7i71 or a statement that the matter is unresolved because of a tie vote of the ,board or a failure to meet the majority vote threshold established under section #eec7;c77#c72 7,,iii7 a description of the number of members voting in the affirmative and in the negative for any action described in clause 7i72 7,,iv7 any findings of the ,board1 including-- 7aa7 any findings of fact2 7bb7 a description of any relevant information that the ,board was unable to obtain or witnesses whom the ,board was unable to interview1 and the reasons therefor2 and 7cc7 a citation of any relevant law1 regulation1 or standard of conduct relating to the violation2 and 7,v7 any supporting documentation2 7iii7 transmit to the individual who is the subject of the second-phase review the written report of the ,board described in clause 7ii72 7iv7 transmit to the ,director of the ,office of ,public ,integrity the written report of the ,board described in clause 7ii71 and may include any recommendations for action by the ,director that the ,board may recommend2 and 7v7 make public1 on a website maintained by the ,office1 the written report of the ,board described in clause 7ii71 unless a majority of the members of the ,board vote to withhold the report from the public where public disclosure could compromise the ability of the applicable ethics committee or a law enforcement agency to act on probable ethics violations4 7,d7 ,authority for reprimand ,upon the completion of any second-phase review1 the ,board-- 7i7 may1 upon a majority vote1 reprimand1 in writing1 the alleged violator for potential violations of the law2 7ii7 in any case where a reprimand under clause 7i7 is issued1 shall provide a copy of the reprimand to-- 7,i7 the presiding officer of the ,house of ,congress in which the alleged violator serves 7if such individual is a ,member of ,congress72 or 7,,ii7 the alleged violator's employer1 if the individual is an employee of ,congress2 and 7iii7 may make the reprimand available to the public4 7c7 ,requests from applicable ethics committees 7#a7 ,in general ,notwithstanding any other provision of this subtitle1 upon receipt of a written request from an applicable ethics committee that the ,board cease its review of any matter and refer such matter to the committee because of the ongoing investigation of such matter by the committee1 the ,board shall refer such matter to the committee1 cease its preliminary or second-phase review1 as applicable1 of that matter and so notify any individual who is the subject of the review4 ,in any such case1 the ,board shall send a written report to the committee containing a statement that1 upon the request of that committee1 the matter is referred to it for its consideration4 ,nothing in this paragraph shall be construed to prevent the ,board from sending any information regarding the matter to the ,director of the ,office of ,public ,integrity or to other law enforcement agencies4 7#b7 ,resumption of review ,if the applicable ethics committee notifies the ,board in writing that it is unable to resolve any matter described in paragraph 7#a71 the ,board may begin or continue1 as the case may be1 a second-phase review of the matter in accordance with subsection 7b77#c74 7d7 ,procedures 7#a7 ,review powers ,members of the ,board or employees of the ,office may1 during either an initial review or second-phase review-- 7,a7 administer oaths2 7,b7 require1 by subpoena or otherwise1 the attendance and testimony of such witnesses and the production of such books1 records1 correspondence1 accounts1 memoranda1 papers1 documents1 tapes1 and materials as the ,board or the ,office considers advisable2 7,c7 take the deposition of witnesses2 and 7,d7 conduct general audits of filings under the ,lobbying ,disclosure ,act of #aiie 7#b ,u4,s4,c4 #afja et seq474 7#b7 ,witnesses 7,a7 ,witnesses ,any witness interviewed as part of a review under this section shall sign a statement acknowledging that the witness understands that section #ajja of title #ah1 ,united ,states ,code 7popularly known as the ,false ,statements ,act7 applies to the testimony of the witness and to any documents the witness provides4 7,b7 ,payment ,witnesses appearing before the ,office may be paid in the same manner as prescribed by clause #e of rule ,,xi of the ,rules of the ,house of ,representatives1 as in effect on the day before the date of enactment of this ,act4 7#c7 ,prohibition of ex parte communications ,there shall be no ex parte communications between any member of the ,board or employee of the ,office and any individual who is the subject of any review by the ,board or between any member of the ,board and any interested party1 and no ,member or employee of the ,congress may communicate with any member of the ,board or employee of the ,office regarding any matter under review by the ,board except as authorized by the ,board4 7#d7 ,contempt of ,congress ,if a person disobeys or refuses to comply with a subpoena1 or if a witness refuses to testify to a matter1 the ,board may recommend to the applicable ethics committee that such person be held in contempt of ,congress4 7e7 ,protection from frivolous charges 7#a7 ,civil penalty for initial complaint 7,a7 ,false complaint ,it shall be unlawful for any person to knowingly file with the ,office a false complaint of misconduct by any ,member or employee of ,congress4 7,b7 ,encouragement to file false complaint ,it shall be unlawful for any person to encourage another person to file a false complaint of misconduct by any ,member or employee of ,congress4 7,c7 ,action by ,office of ,public ,integrity ,the ,director of the ,office of ,public ,integrity1 after providing notice and an opportunity for a hearing1 may impose a civil penalty on any person who violates subparagraph 7,a7 or 7,b7 in the amount of the greater of-- 7i7 #aj1jjj2 or 7ii7 the cost of the preliminary review4 7#b7 ,ban on all subsequent complaints ,any person upon whom the ,director of the ,office of ,public ,integrity imposes a civil penalty under paragraph 7#a77;,c7 may not file a complaint with the ,board again4 #eef4 ,personnel matters 7a7 ,compensation of employees 7#a7 ,appointment ,upon a majority vote of the ,board1 the ,board may appoint and fix the compensation of such professional1 nonpartisan staff 7including staff with relevant experience in investigations and law enforcement7 of the ,office as the ,board considers necessary to perform its duties4 7#b7 ,qualifications ,each employee of the ,office shall be professional and demonstrably qualified for the position for which the employee is hired4 7#c7 ,staffing requirements 7,a7 ,in general ,the employees of the ,office shall be assembled and retained as a professional1 nonpartisan staff1 and the ,office as a whole1 and each individual employee1 shall perform all official duties in a nonpartisan manner4 7,b7 ,no partisan political activity ,no employee of the ,office shall engage in any partisan political activity directly affecting any congressional or presidential election4 7,c7 ,limitation or public speaking or publication ,no employee of the ,office may accept public speaking engagements or write for publication on any subject that is in any way related to the employee's employment or duties with the ,office without specific prior approval from the chairperson and vice-chairperson of the ,board4 7b7 ,termination of employees ,the employment of an employee of the ,office may be terminated during a ,congress solely by a majority vote of the ,board4 7c7 ,reimbursements ,members of the ,board1 and employees of the ,office1 may be reimbursed for travel1 subsistence1 and other necessary expenses incurred by members or employees in the performance of their duties in the same manner as is permissible for such expenses of other employees of the ,house or ,senate4 7d7 ,agreements for ,members and employees2 retention of documents by the clerk 7#a7 ,in general ,before any individual who is appointed to serve on the ,board or before any individual is hired to be an employee of the ,office may do so1 the individual shall execute a signed document containing the following statement3 ,i agree not to be a candidate for the office of ,senator or ,representative in1 or ,delegate or ,resident ,commissioner to1 the ,congress for purposes of the ,federal ,election ,campaign ,act of #aiga until at least #d years after ,i am no longer a member of the ,congressional ,ethics ,board or employee of the ,office of ,congressional ,ethics44 7#b7 ,retention of documents ,copies of the signed and executed document shall be retained by the ,clerk of the ,house of ,representatives and the ,secretary of the ,senate as part of the records of the ,house and the ,senate4 ,the ,clerk and the ,secretary1 working jointly1 shall make the signatures a matter of public record1 causing the names of each individual who has signed the document to be published in a portion of the ,congressional ,record designed for that purpose1 and make cumulative lists of such names available on the websites of the ,clerk and the ,secretary4 7e7 ,code of conduct ,the ,board-- 7#a7 shall establish a code of conduct to govern the behavior of the members of the ,board and the employee of the ,office1 which shall include the avoidance of conflicts of interest2 and 7#b7 may issue other rules as the ,board determines necessary to carry out the functions of the ,board and the ,office4 #eeg4 ,authorization of appropriations ,there is authorized to be appropriated to carry out this subtitle such sums as may be necessary4 #eeh4 ,conforming amendments and rules of construction 7a7 ,conforming amendments to the ,ethics in ,government ,act of #aigh ,section #aji7ah7 of the ,ethics in ,government ,act of #aigh 7#e ,u4,s4,c4 ,app47 is amended-- 7#a7 by redesignating subparagraphs 7,a7 through 7,d71 as amended1 as subparagraphs 7,b7 through 7,e71 respectively2 7#b7 by inserting before subparagraph 7,b71 as redesignated by paragraph 7#a7 of this subsection1 the following3 7,a7 the ,office of ,congressional ,ethics established under section #eeb of the ,anti-,corruption and ,public ,integrity ,act1 for ,senators1 ,members of the ,house of ,representatives1 officers and employees of the ,senate1 and officers and employees of the ,house of ,representatives required to file financial disclosure reports with the ,secretary of the ,senate pursuant to section #ajc7;h7 of this title2 2 7#c7 in subparagraph 7,b7 7as so redesignated71 by striking ,senators1 officers and employees of the ,senate1 and other officers or employees of the legislative branch and inserting officers or employees of the legislative branch not described in subparagraph 7,a72 and 7#d7 in subparagraph 7,c7 7as so redesignated71 by striking ,members1 officers and employees of the ,house of ,representatives and other officers or employees of the legislative branch and inserting officers or employees of the legislative branch not described in subparagraph 7,a74 7b7 ,termination of the ,office of ,congressional ,ethics of the ,house of ,representatives ,beginning on the date on which all members of the ,board are appointed1 the ,office of ,congressional ,ethics of the ,house of ,representatives shall be eliminated and section #a of ,h4 ,res4 #hie 7#aajth ,congress1 ,march #aa1 #bjjh7 shall cease to have any force or effect4 7c7 ,rulemaking authority ,the provisions of this subtitle are enacted-- 7#a7 as an exercise of the rulemaking power of the ,senate and of the ,house of ,representatives1 and as such they shall be considered as part of the rules of the ,senate and the ,house1 respectively1 and shall supersede other rules only to the extent that they are inconsistent therewith2 and 7#b7 with full recognition of the constitutional right of the ,senate and the ,house of ,representatives to change such rules at any time1 in the same manner1 and to the same extent as in the case of any other rule of the ,senate or ,house of ,representatives4 ,d ,applicability #ega4 ,applicability ,this title and the amendments made by this title shall apply on and after the date of enactment of this ,act4 ,,vi ,transparency and ,government ,records ,a ,transparency for ,federal ,personnel and ,candidates for ,federal ,office #fja4 ,categories relating to the amount or value of certain income ,section #ajb of the ,ethics in ,government ,act of #aigh 7#e ,u4,s4,c4 ,app47 is amended-- 7#a7 in subsection 7a7-- 7,a7 in paragraph 7#a77;,b7-- 7i7 in the matter preceding clause 7i71 by striking which of the following categories the amount or value of such item of income is within and inserting the amount or value of such item of income in accordance with the following2 7ii7 by redesignating clauses 7i7 through 7iv7 as subclauses 7,i7 through 7,,iv71 respectively1 and adjusting the margin accordingly2 7iii7 by inserting before subclause 7,i71 as so redesignated1 the following3 7i7 ,for items of income with an amount or value of not more than #be1jjj1 which of the following categories the amount or value of such item of income is within3 2 7iv7 in clause 7i77,,iii71 as so designated1 by adding or at the end2 7v7 in clause 7i77,,iv71 as so designated1 by striking #ae1jjj1 and inserting #be1jjj42 and 7vi7 by striking clauses 7v7 through 7ix7 and inserting the following3 7ii7 ,for items of income with an amount or value of greater than #be1jjj1 the amount or value of the item of income1 rounded as follows3 7,i7 ,for items of income with an amount or value of greater than #be1jjj but not more than #ajj1jjj1 the amount or value rounded to the nearest #aj1jjj4 7,,ii7 ,for items of income with an amount or value of greater than #ajj1jjj but not more than #a1jjj1jjj1 the amount or value rounded to the nearest #ajj1jjj4 7,,iii7 ,for items of income with an amount or value of greater than #a1jjj1jjj1 the amount or value rounded to the nearest #a1jjj1jjj4 2 7,b7 in paragraph 7#c71 by striking category of value and inserting value1 in accordance with subsection 7d77#b712 and 7,c7 in paragraph 7#d71 in the matter preceding subparagraph 7,a71 by striking category of value and inserting value1 in accordance with subsection 7d77#b712 and 7#b7 in subsection 7d7-- 7,a7 in paragraph 7#a71 in the matter preceding subparagraph 7,a71 by striking 7#c71 7#d71 7#e71 and 7#h7 and inserting 7#e7 and 7#h72 7,b7 by redesignating paragraph 7#b7 as paragraph 7#c72 and 7,c7 by inserting after paragraph 7#a7 the following3 7#b7 ,the amount or value of the items covered in paragraphs 7#c7 and 7#d7 of subsection 7a7 shall be reported as follows3 7,a7 ,for items with an amount or value of not more than #be1jjj1 which of the following categories the amount or value of such item is within3 7i7 ,not more than #ae1jjj4 7ii7 ,greater than #ae1jjj but not more than #be1jjj4 7,b7 ,for items with an amount or value of greater than #be1jjj1 the amount or value of the item1 rounded as follows3 7i7 ,for items with an amount or value of greater than #be1jjj but not more than #ajj1jjj1 the amount or value rounded to the nearest #aj1jjj4 7ii7 ,for items with an amount or value of greater than #ajj1jjj but not more than #a1jjj1jjj1 the amount or value rounded to the nearest #ajj1jjj4 7iii7 ,for items with an amount or value of greater than #a1jjj1jjj1 the amount or value rounded to the nearest #a1jjj1jjj4 4 #fjb4 ,disclosure of personal income tax returns by ,presidents1 ,vice ,presidents1 ,members of ,congress1 and certain candidates 7a7 ,in general ,title ,i of the ,ethics in ,government ,act of #aigh 7#e ,u4,s4,c4 ,app47 is amended-- 7#a7 by inserting after section #ajb the following3 #ajb;,a4 ,disclosure of personal income tax returns by ,presidents1 ,vice ,presidents1 ,members of ,congress1 and certain candidates 7a7 ,definitions ,in this section-- 7#a7 the term covered candidate means an individual-- 7,a7 required to file a report under section #aja7;c72 and 7,b7 who is nominated by a major party as a candidate for the office of ,president1 ,vice ,president1 or ,member of ,congress2 7#b7 the term covered individual means-- 7,a7 a ,president1 ,vice ,president1 or ,member of ,congress required to file a report under subsection 7a7 or 7d7 of section #aja2 and 7,b7 an individual who occupies the office of the ,president1 ,vice ,president1 or a ,member of ,congress required to file a report under section #aja7;e72 7#c7 the term income tax return means1 with respect to any covered candidate or covered individual1 any return 7within the meaning of section #fajc7;b7 of the ,internal ,revenue ,code of #aihf7 related to ,federal income taxes1 but does not include-- 7,a7 information returns issued to persons other than such covered candidate or covered individual2 and 7,b7 declarations of estimated tax2 and 7#d7 the term major party has the meaning given the term in section #ijjb of the ,internal ,revenue ,code of #aihf4 7b7 ,disclosure 7#a7 ,covered individuals 7,a7 ,in general ,in addition to the information described in subsections 7a7 and 7b7 of section #ajb1 a covered individual shall include in each report required to be filed under this title a copy of the income tax returns of the covered individual for-- 7i7 with respect to the ,president or ,vice ,president1 the #h most recent taxable years and every year the individual was in ,federal elected office for which a return have been filed with the ,internal ,revenue ,service as of the date on which the report is filed2 and 7ii7 with respect to a ,member of ,congress1 the #b most recent taxable years and every year the individual was in ,federal elected office for which a return has been filed with the ,internal ,revenue ,service as of the date on which the report is filed4 7,b7 ,failure to disclose ,if an income tax return is not disclosed under subparagraph 7,a71 the ,director of the ,office of ,public ,integrity shall submit to the ,secretary of the ,treasury a request that the ,secretary of the ,treasury provide the ,director of the ,office of ,public ,integrity with a copy of the income tax return4 7,c7 ,publicly available ,each income tax return submitted under this paragraph shall be filed with the ,director of the ,office of ,public ,integrity and made publicly available in the same manner as the information described in subsections 7a7 and 7b7 of section #ajb4 7,d7 ,redaction of certain information ,before making any income tax return submitted under this paragraph available to the public1 the ,director of the ,office of ,public ,integrity shall redact such information as the ,director of the ,office of ,public ,integrity1 in consultation with the ,secretary of the ,treasury determines appropriate4 7#b7 ,candidates 7,a7 ,in general ,not later than #ae days after the date on which a covered candidate is nominated1 the covered candidate shall amend the report filed by the covered candidate under section #aja7;c7 with the ,federal ,election ,commission to include a copy of the income tax returns of the covered candidate for-- 7i7 with respect to a candidate for nomination or election to the office of ,president or ,vice ,president1 the #h most recent taxable years and every year the individual was in ,federal elected office for which a return has been filed with the ,internal ,revenue ,service2 and 7ii7 with respect to a candidate for nomination or election to the office of ,member of ,congress1 the #b most recent taxable years and every year the individual was in ,federal elected office for which a return has been filed with the ,internal ,revenue ,service4 7,b7 ,failure to disclose ,if an income tax return is not disclosed under subparagraph 7,a7 the ,federal ,election ,commission shall submit to the ,secretary of the ,treasury a request that the ,secretary of the ,treasury provide the ,federal ,election ,commission with the income tax return4 7,c7 ,publicly available ,each income tax return submitted under this paragraph shall be filed with the ,federal ,election ,commission and made publicly available in the same manner as the information described in section #ajb7;b74 7,d7 ,redaction of certain information ,before making any income tax return submitted under this paragraph available to the public1 the ,federal ,election ,commission shall redact such information as the ,federal ,election ,commission1 in consultation with the ,secretary of the ,treasury and the ,director of the ,office of ,public ,integrity1 determines appropriate4 7#c7 ,special rule for sitting ,presidents ,not later than #cj days after the date of enactment of this section1 the ,president shall submit to the ,director of the ,office of ,public ,integrity a copy of the income tax returns described in paragraph 7#a77;,a77i74 2 and 7#b7 in section #ajd-- 7,a7 in subsection 7a7-- 7i7 in paragraph 7#a71 in the first sentence1 by inserting 1 #ajb;,b1 or #ajb;,c1 or any individual who knowingly and willfully falsifies or who knowingly and willfully fails to file an income tax return that such individual is required to disclose pursuant to section #ajb;,a1 #ajb;,b1 or #ajb;,c before the period2 and 7ii7 in paragraph 7#b77;,a7-- 7,i7 in clause 7i71 by inserting #ajb;,b1 or #ajb;,c1 or falsify any income tax return that such person is required to disclose under section #ajb;,a1 #ajb;,b1 or #ajb;,c before the semicolon2 and 7,,ii7 in clause 7ii71 by inserting #ajb;,b1 or #ajb;,c1 or fail to file any income tax return that such person is required to disclosed under section #ajb;,a1 #ajb;,b1 or #ajb;,c before the period2 7,b7 in subsection 7b71 in the first sentence by inserting or willfully failed to file or has willfully falsified an income tax return required to be disclosed under section #ajb;,a1 #ajb;,b1 or #ajb;,c before the period2 7,c7 in subsection 7c71 by inserting or failing to file or falsifying an income tax return required to be disclosed under section #ajb;,a1 #ajb;,b1 or #ajb;,c before the period2 and 7,d7 in subsection 7d77#a7-- 7i7 in the matter preceding subparagraph 7,a71 by inserting or files an income tax return required to be disclosed under section #ajb;,a1 #ajb;,b1 or #ajb;,c after title2 and 7ii7 in subparagraph 7,a71 by inserting or such income tax return1 as applicable1 after report4 7b7 ,authority ,to disclose information 7#a7 ,in general ,section #fajc7l7 of the ,internal ,revenue ,code of #aihf is amended by adding at the end the following new paragraph3 7#bc7 ,disclosure of return information of ,presidents1 ,vice ,presidents1 ,members of ,congress1 and certain candidates 7,a7 ,disclosure of returns of ,presidents1 ,vice ,presidents1 and ,members of ,congress 7i7 ,in general ,the ,secretary shall1 upon written request from the ,director of the ,office of ,public ,integrity pursuant to section #ajb;,a7b77#a77;,b7 of the ,ethics in ,government ,act of #aigh1 provide to officers and employees of the ,office of ,public ,integrity a copy of any income tax return of any ,president1 ,vice ,president1 or ,member of ,congress that is required to be filed under section #ajb;,a7b77#a7 of such ,act4 7ii7 ,disclosure to public ,the ,director of the ,office of ,public ,integrity may disclose to the public any income tax return of any ,president1 ,vice ,president1 and ,member of ,congress that is required to be filed with the ,director of the ,office of ,public ,integrity pursuant to section #ajb;,a7b77#a7 of the ,ethics in ,government ,act of #aigh4 7,b7 ,disclosure of returns of certain candidates for ,president1 ,vice ,president1 and ,members of ,congress 7i7 ,in general ,the ,secretary shall1 upon written request from the ,chairman of the ,federal ,election ,commission pursuant to section #ajb;,a7b77#b77;,b7 of the ,ethics in ,government ,act of #aigh1 provide to officers and employees of the ,federal ,election ,commission copies of the applicable returns of any covered candidate 7as defined in section #ajb;,a7a7 of such ,act74 7ii7 ,disclosure to public ,the ,federal ,election ,commission may disclose to the public any applicable return of any covered candidate 7as defined in section #ajb;,a7a7 of such ,act7 that is required to be filed with the ,commission pursuant to section #ajb;,a7b77#b7 of the ,ethics in ,government ,act4 7iii7 ,applicable returns ,for purposes of this paragraph1 the term applicable returns means-- 7,i7 with respect to any covered candidate for the office of ,president or ,vice ,president1 income tax returns for the #h most recent taxable years and every year the individual was in ,federal elected office for which a return has been filed as of the date of the nomination2 and 7,,ii7 with respect to any covered candidate for the office of ,member of ,congress1 income tax returns for the #b most recent taxable years and every year the individual was in ,federal elected office for which a return has been filed as of the date of the nomination4 4 7#b7 ,conforming amendments ,section #fajc7p77#d7 of such ,code1 in the matter preceding subparagraph 7,a7 and in subparagraph 7,f77ii71 is amended by striking or 7#bb7 and inserting 7#bb71 or 7#bc7 each place it appears4 #fjc4 ,transparency relating to candidates for ,federal office and ,members of ,congress 7a7 ,in general ,title ,i of the ,ethics in ,government ,act of #aigh 7#e ,u4,s4,c4 ,app47 is amended by inserting after section #ajb;,a1 as added by section #fjb of this ,act1 the following3 #ajb;,b4 ,disclosure relating to covered entities associated with ,members of ,congress and covered candidates 7a7 ,definitions ,in this section-- 7#a7 the term close family member1 with respect to a reporting individual1 includes-- 7,a7 a parent of the reporting individual2 7,b7 a spouse of the reporting individual2 and 7,c7 an adult child of the reporting individual2 7#b7 the term covered candidate has the meaning given the term in section #ajb;,a7a72 7#c7 the term covered entity means a corporation1 company1 firm1 partnership1 or other business enterprise2 7#d7 the term gross receipts has the meaning given the term in section #iic7;f7 of the ,internal ,revenue ,code of #aihf2 7#e7 the term income tax return has the meaning given the term in section #ajb;,a7a72 7#f7 the term ,member of ,congress means-- 7,a7 a ,member of ,congress required to file a report under subsection 7a7 or 7d7 of section #aja2 and 7,b7 an individual who occupies the office of ,member of ,congress and is required to file a report under section #aja7;e72 and 7#g7 the term reporting individual means-- 7,a7 a covered candidate2 or 7,b7 a ,member of ,congress4 7b7 ,disclosure 7#a7 ,members of ,congress 7,a7 ,in general ,on and after the date that is #ahj days after the date on which the ,director of the ,office of ,public ,integrity1 in consultation with the ,federal ,election ,commission1 promulgates regulations under paragraph 7#c71 in addition to the information described in subsections 7a7 and 7b7 of section #ajb1 a ,member of ,congress shall include in each report required to be filed under this title1 with respect to the #b most recent taxable years and every year the ,member of ,congress was in ,federal elected office for which an income tax return has been filed with the ,internal ,revenue ,service as of the date on which the report is filed-- 7i7 a statement of the name of any covered entity-- 7,i7 in which the ,member of ,congress has a significant direct or indirect ownership interest2 and 7,,ii7 that has gross receipts that meet or exceed the threshold value established by regulations promulgated pursuant to paragraph 7#c72 7ii7 a copy of any income tax return filed by a covered entity described in clause 7i7 for any taxable year ending with or within such years2 and 7iii7 in the case of a covered entity described in clause 7i7 that is a privately owned or closely held covered entity1 a statement of-- 7,i7 each-- 7aa7 asset of the covered entity2 and 7bb7 liability of the covered entity2 7,,ii7 all-- 7aa7 income from sources within the ,united ,states1 as described in section #hfa of the ,internal ,revenue ,code of #aihf2 and 7bb7 income from sources without the ,united ,states1 as described in section #hfb of the ,internal ,revenue ,code of #aihf2 7,,iii7 the name of each co-owner or co-member of the covered entity2 and 7,,iv7 for any co-owner or co-member described in subclause 7,,iii7 that is not a natural person1 the name of each natural person that controls1 directly or indirectly1 the co-owner or co-member4 7,b7 ,close family members ,in addition to the information described in subparagraph 7,a71 the ,director of the ,office of ,public ,integrity may1 on a case-by-case basis and in accordance with the regulations promulgated under paragraph 7#c71 require that a ,member of ,congress include in each report required to be filed under this title by the ,member of ,congress the information described in subparagraph 7,a7 with respect to any covered entity-- 7i7 in which a close family member of the ,member of ,congress has a significant direct or indirect ownership interest2 and 7ii7 that has gross receipts that meet or exceed the threshold value established by regulations promulgated pursuant to paragraph 7#c74 7,c7 ,failure to disclose ,if an income tax return is not disclosed under subparagraph 7,a77ii71 the ,director of the ,office of ,public ,integrity shall submit to the ,secretary of the ,treasury a request that the ,secretary of the ,treasury provide the ,director of the ,office of ,public ,integrity with a copy of the income tax return4 7,d7 ,publicly available ,all information1 including any income tax return1 described in this subsection required to be included in a report under this title shall be filed with the ,director of the ,office of ,public ,integrity and made publicly available in the same manner as the information described in subsections 7a7 and 7b7 of section #ajb4 7,e7 ,redaction of certain information 7i7 ,in general ,before making any information1 including any income tax return1 described in this paragraph required to be included in a report under this title available to the public1 the ,director of the ,office of ,public ,integrity shall redact-- 7,i7 if the information contained in the report contains a trade secret the disclosure of which is likely to cause substantial harm to the competitive position of the covered entity to which the information contained in the report pertains1 the information relating to the trade secret2 and 7,,ii7 such information as the ,director of the ,office of ,public ,integrity1 in consultation with the ,secretary of the ,treasury1 determines appropriate4 7ii7 ,request for redaction ,a ,member of ,congress submitting a report under this title that contains information1 including any income tax return1 described in this paragraph that contains a trade secret described in clause 7i77,i7 may request that the ,director of the ,office of ,public ,integrity redact the information relating to the trade secret4 7#b7 ,candidates 7,a7 ,in general ,on and after the date that is #ahj days after the date on which the ,director of the ,office of ,public ,integrity1 in consultation with the ,federal ,election ,commission1 promulgates regulations under paragraph 7#c71 not later than #ae days after the date on which a covered candidate is nominated1 the covered candidate shall amend the report filed by the covered candidate under section #aja7;c7 with the ,federal ,election ,commission to include1 with respect to the years described in subparagraph 7,b7-- 7i7 a statement of the name of any covered entity-- 7,i7 in which the covered candidate has a significant direct or indirect ownership interest2 and 7,,ii7 that has gross receipts that meet or exceed the threshold value established by regulations promulgated pursuant to paragraph 7#c72 7ii7 a copy of any income tax return filed by a covered entity described in clause 7i7 for any taxable year ending with or within such years2 and 7iii7 in the case of a covered entity described in clause 7i7 that is a privately owned or closely held covered entity1 a statement of-- 7,i7 each-- 7aa7 asset of the covered entity2 and 7bb7 liability of the covered entity2 7,,ii7 all-- 7aa7 income from sources within the ,united ,states1 as described in section #hfa of the ,internal ,revenue ,code of #aihf2 and 7bb7 income from sources without the ,united ,states1 as described in section #hfb of the ,internal ,revenue ,code of #aihf2 7,,iii7 the name of each co-owner or co-member of the covered entity2 and 7,,iv7 for any co-owner or co-member described in subclause 7,,iii7 that is not a natural person1 the name of each natural person that controls1 directly or indirectly1 the co-owner or co-member4 7,b7 ,applicable years ,the years described in this subparagraph are as follows3 7i7 ,in the case of a report filed under section #aja7;c7 by a covered candidate for the office of ,president or ,vice ,president1 the #h years preceding the date on which the report is filed4 7ii7 ,in the case of a report filed under section #aja7;c7 by a covered candidate for the office of ,member of ,congress1 the #b years preceding the date on which the report is filed4 7,c7 ,close family members ,in addition to the information described in subparagraph 7,a71 the ,federal ,election ,commission may1 on a case-by-case basis and in accordance with the regulations promulgated under paragraph 7#c71 require that a covered candidate include in each report required to be filed under section #aja7;c7 by the covered candidate the information described in subparagraph 7,a7 with respect to any covered entity-- 7i7 in which a close family member of the covered candidate has a significant direct or indirect ownership interest2 and 7ii7 that has gross receipts that meet or exceed the threshold value established by regulations promulgated pursuant to paragraph 7#c74 7,d7 ,failure to disclose ,if an income tax return is not disclosed under subparagraph 7,a77ii71 the ,chairman of the ,federal ,election ,commission shall submit to the ,secretary of the ,treasury a request that the ,secretary of the ,treasury provide the ,federal ,election ,commission with a copy of the income tax return4 7,e7 ,publicly available ,all information1 including any income tax return1 described in this subsection required to be included in a report under section #aja7;c7 shall be filed with the ,federal ,election ,commission and made publicly available in the same manner as the information described in subsections 7a7 and 7b7 of section #ajb4 7,f7 ,redaction of certain information 7i7 ,in general ,before making any information1 including any income tax return1 described in this paragraph required to be included in a report under section #aja7;c7 available to the public1 the ,federal ,election ,commission shall redact-- 7,i7 if the information contained in the report contains a trade secret the disclosure of which is likely to cause substantial harm to the competitive position of the covered entity to which the information contained in the report pertains1 the information relating to the trade secret2 and 7,,ii7 such information as the ,federal ,election ,commission1 in consultation with the ,secretary of the ,treasury1 determines appropriate4 7ii7 ,request for redaction ,a covered candidate submitting a report under section #aja7;c7 that contains information1 including any income tax return1 described in this paragraph that contains a trade secret described in clause 7i77,i7 may request that the ,federal ,election ,commission redact the information relating to the trade secret4 7#c7 ,regulations ,not later than #abj days after the date of enactment of this section1 the ,director of the ,office of ,public ,integrity shall1 in consultation with the ,federal ,elections ,commission1 promulgate regulations to-- 7,a7 establish each threshold value for purposes of-- 7i7 subparagraphs 7,a77i77,,ii7 and 7,b77ii7 of paragraph 7#a72 and 7ii7 subparagraphs 7,a77i77,,ii7 and 7,c77ii7 of paragraph 7#b72 7,b7 define the term significant direct or indirect interest2 7,c7 ensure that information described in this subsection that is required to be contained in a report filed under this title does not-- 7i7 disclose any trade secret that is likely to cause substantial harm to the competitive position of the covered entity to which it pertains2 or 7ii7 violate the privacy of any individual who is not the reporting individual who files the report2 and 7,d7 prescribe appropriate circumstances in which to require a ,member of ,congress or covered candidate to provide information under paragraph 7#a77;,b7 or 7#b77;,c74 #ajb;,c4 ,disclosure relating to covered organizations associated with covered candidates 7a7 ,definitions ,in this section-- 7#a7 the term covered candidate has the meaning given the term in section #ajb;,a7a72 7#b7 the term covered organization means an organization required to-- 7,a7 file an income tax return under section #fjcc of the ,internal ,revenue ,code of #aihf2 and 7,b7 include information under subsection 7e7 thereof2 7#c7 the term income tax return has the meaning given the term in section #ajb;,a7a72 and 7#d7 the term key employee means-- 7,a7 an individual who is #a of the #e individuals receiving the highest amount of compensation paid by a covered organization2 or 7,b7 an individual receiving compensation paid by a covered organization in an amount that exceeds #ajj1jjj4 7b7 ,disclosure 7#a7 ,in general ,not later than #ae days after the date on which a covered candidate is nominated1 the covered candidate shall amend the report filed by the covered candidate under section #aja7;c7 with the ,federal ,election ,commission to include-- 7,a7 a statement identifying each covered organization of which the covered candidate has been an officer1 director1 trustee1 board member1 or key employee during the #b years preceding the date on which the report is filed2 and 7,b7 for each covered organization identified under subparagraph 7,a71 a copy of each income tax return required to be filed by the covered organization under section #fjcc of the ,internal ,revenue ,code of #aihf for each taxable year ending with or within any taxable years described in subparagraph 7,a7 in which the covered candidate was an officer1 director1 trustee1 board member1 or key employee of the covered organization4 7#b7 ,failure to disclose ,if an income tax return is not disclosed under paragraph 7#a77;,b71 the ,federal ,election ,commission shall submit to the ,secretary of the ,treasury a request that the ,secretary of the ,treasury provide the ,federal ,election ,commission with the income tax return4 7#c7 ,publicly available 7,a7 ,in general ,all information1 including any income tax return1 described in this subsection required to be included in a report under section #aja7;c7 shall be filed with the ,federal ,election ,commission and made publicly available in the same manner as the information described in section #ajb7;b74 7,b7 ,income tax returns ,the ,director of the ,office of ,public ,integrity shall make a copy of each income tax return described in paragraph 7#a77;,b7 included in a report filed under section #aja7;c7 publicly available on the website described in section #djb7;b77#ai7 until-- 7i7 the date on which the reporting individual ceases to be a covered candidate2 or 7ii7 if the reporting individual is elected to the office for which the reporting individual was a covered candidate1 the date on which the reporting individual ceases to serve in the office for which the reporting individual was a covered candidate4 7#d7 ,redaction ,before making any information1 including any income tax return1 described in this subsection required to be included in a report under section #aja7;c7 available to the public1 the ,federal ,election ,commission shall redact such information as the ,federal ,election ,commission1 in consultation with the ,secretary of the ,treasury and the ,director of the ,office of ,public ,integrity1 determines appropriate4 4 7b7 ,authority ,to disclose information ,paragraph 7#bc7 of section #fajc7l7 of the ,internal ,revenue ,code of #aihf1 as added by section #fjb1 is amended by adding at the end the following new subparagraphs3 7,c7 ,disclosure of returns of covered entities associated with ,members of ,congress and covered candidates 7i7 ,in general 7,i7 ,covered entities associated with ,members of ,congress ,the ,secretary shall1 upon written request from the ,director of the ,office of ,public ,integrity pursuant to section #ajb;,b7b77#a77;,c7 of the ,ethics in ,government ,act of #aigh provide to officers and employees of the ,office of ,public ,integrity a copy of any income tax return of a covered entity 7as defined in section #ajb;,b7a7 of such ,act7 that relates to a year described in section #ajb;,b7b77#a77;,a7 of such ,act and is required to be filed under section #ajb;,b7b7 of such ,act4 7,,ii7 ,covered entities associated with covered candidates ,the ,secretary shall1 upon written request from the ,chairman of the ,federal ,election ,commission pursuant to section #ajb;,b7b77#b77;,d7 of the ,ethics in ,government ,act of #aigh provide to officers and employees of the ,federal ,election ,commission a copy of any income tax return of a covered entity 7as defined in section #ajb;,b7a7 of such ,act7 that relates to a year described in section #ajb;,b7b77#b77;,b7 of such ,act and is required to be filed under section #ajb;,b7b7 of such ,act4 7ii7 ,disclosure to public ,the ,director of the ,office of ,public ,integrity and the ,chairman of the ,federal ,election ,commission may disclose to the public the income tax return of any covered entity 7as so defined7 that is required to be filed pursuant to section #ajb;,b7b7 of the ,ethics in ,government ,act of #aigh4 7,d7 ,disclosure of returns of covered organizations associated with covered candidates 7i7 ,in general ,the ,secretary shall1 upon written request from the ,chairman of the ,federal ,election ,commission pursuant to section #ajb;,c7b77#b7 of the ,ethics in ,government ,act of #aigh1 provide to officers and employees of the ,federal ,election ,commission copies of any income tax return required to be filed under section #fjcc by an organization described in clause 7iii7 for any year taxable year ending with or within the period described in section #ajb;,c7b77#a77;,b7 of such ,act4 7ii7 ,disclosure to public ,the ,federal ,election ,commission may disclose to the public income tax returns of any organization described in clause 7iii7 that is required to be filed with the ,commission pursuant to section #ajb;,c7b7 of the ,ethics in ,government ,act of #aigh4 7iii7 ,organization described ,an organization is described in this clause if such organization is a covered organization 7as defined in section #ajb;,c7a7 of the ,ethics in ,government ,act of #aigh7 of which a person who has been nominated as a covered candidate 7as defined in section #ajb;,a7a7 of such ,act7 has been an officer1 director1 trustee1 board member1 or key employee 7as defined in section #ajb;,c7a7 of such ,act7 during the period described in section #ajb;,c7b77#a77;,a7 of such ,act4 4 7c7 ,provision of financial disclosures to the ,federal ,election ,commission ,section #ajc7;j7 of the ,ethics in ,government ,act of #aigh 7#e ,u4,s4,c4 ,app47 is amended-- 7#a7 in paragraph 7#a71 by adding at the end the following3 ,in the case of a report filed under this title with the ,clerk of the ,house of ,representatives by a covered candidate1 as defined in section #ajb;,a7a71 a copy of the report shall also be sent by the ,clerk to the ,federal ,election ,commission within the #g-;day period beginning on the day the report is filed42 and 7#b7 in paragraph 7#b71 by adding at the end the following3 ,in the case of a report filed under this title with the ,secretary of the ,senate by a covered candidate1 as defined in section #ajb;,a7a71 a copy of the report shall also be sent by the ,secretary to the ,federal ,election ,commission within the #g-;day period beginning on the day the report is filed44 ,b ,think ,tank1 ,nonprofit1 and ,advocate ,transparency #faa4 ,amendments to the ,lobbying ,disclosure ,act of #aiie 7a7 ,enforcement report ,section #f7;b7 of the ,lobbying ,disclosure ,act of #aiie 7#b ,u4,s4,c4 #afje7;b77 is amended-- 7#a7 by striking paragraph 7#a7 and inserting the following3 7#a7 ,reports 7,a7 ,in general ,subject to subparagraph 7,b71 after the end of each semiannual period beginning on ,january #a and ,july #a1 the ,attorney ,general1 in consultation with the ,director of the ,office of ,public ,integrity1 shall submit to each congressional committee referred to in paragraph 7#b7 a report that includes1 for that semiannual period a statement of-- 7i7 the aggregate number of enforcement actions taken by the ,department of ,justice under this ,act2 and 7ii7 by case1 any sentence or fine imposed in each such enforcement action4 7,b7 ,information not already a matter of public record ,a report submitted under subparagraph 7,a7 may not include the name of any individual1 or any personally identifiable information1 that is not already a matter of public record1 as of the date on which the report is submitted4 2 and 7#b7 in paragraph 7#b7-- 7,a7 by striking paragraph 7#a7 and inserting paragraph 7#a77;,a72 and 7,b7 by inserting and the ,committee on ,oversight and ,government ,reform after ,committee on the ,judiciary4 7b7 ,reports by think tank1 nonprofit1 and advocacy groups ,the ,lobbying ,disclosure ,act of #aiie 7#b ,u4,s4,c4 #afja et seq47 is amended-- 7#a7 by redesignating sections #f through #bh 7#b ,u4,s4,c4 #afje et seq471 as amended by title ,,ii of this ,act1 as sections #g through #bi1 respectively2 and 7#b7 by inserting after section #e 7#b ,u4,s4,c4 #afjd7 the following3 #f4 ,reports by think tank1 nonprofit1 and advocacy groups 7a7 ,definition ,in this section-- 7#a7 the term covered organization means any organization-- 7,a7 that is described in paragraph 7#c71 7#d71 or 7#f7 of section #eja7;c7 of the ,internal ,revenue ,code of #aihf and exempt from tax under section #eja7;a7 of such ,code2 and 7,b7 that-- 7i7 engages in lobbying activities2 or 7ii7 is a client2 and 7#b7 the term covered product means any communication that is-- 7,a7 made to a covered legislative branch official or covered executive branch official in the course of any lobbying contact by1 or on behalf of1 a covered organization2 7,b7 testimony-- 7i7 given by1 or on behalf of1 a covered organization before a committee1 subcommittee1 or task force of ,congress2 or 7ii7 submitted by1 or on behalf of1 a covered organization for inclusion in the public record of a hearing conducted by such committee1 subcommittee1 or task force2 or 7,c7 made by1 or on behalf of1 a covered organization in response to a notice in the ,federal ,register1 ,commerce ,business ,daily1 or other similar publication soliciting communications from the public and directed to the agency official specifically designated in the notice to receive such communications4 7b7 ,reports ,not later than #a year after the date of enactment of this section1 and not later than ,january #cjth of each year thereafter1 or on the first business day after ,january #cjth if ,january #cjth is not a business day1 each covered organization shall submit to the ,director of the ,office of ,public ,integrity a report for the preceding calendar year that includes1 with respect to each covered product made or given by1 or on behalf of1 the covered organization during that year-- 7#a7 the name of each donor who donated any amount that was-- 7,a7 used to pay the cost of making or giving the covered product2 and 7,b7 donated with the intention of supporting any lobbying activity by the covered organization2 and 7#b7 a statement of whether1 before the date on which the covered product was made or given1 any existing or potential donor to the covered organization previewed1 commented on1 reviewed1 or edited the covered product4 7c7 ,disclosure ,the information required to be submitted with respect to a covered product under subsection 7b77#b7 shall be included on or with that covered product4 4 7c7 ,technical and conforming amendment ,section #be7;b7 of the ,lobbying ,disclosure ,act of #aiie1 as so redesignated1 is amended1 in the matter preceding paragraph 7#a71 by striking #i1 #aj1 #aa1 and #ab and inserting #aj1 #aa1 #ab1 and #ac4 #fab4 ,amendments to the ,internal ,revenue ,code of #aihf 7a7 ,inclusion of lobbying information on annual returns of charitable organizations ,section #fjcc7;b77#e7 of the ,internal ,revenue ,code of #aihf is amended-- 7#a7 by striking and before the names2 and 7#b7 by inserting and1 if it engages in lobbying activities 7as defined in section #c of the ,lobbying ,disclosure ,act of #aiie7 or is a client 7as defined in such section71 a statement of whether any such contribution was intended to support any lobbying activity 7as so defined7 or lobbying contact 7as defined in such section7 by or on behalf of it1 and1 if so1 a description of such lobbying activity or lobbying contact after substantial contributors14 7b7 ,effective date ,the amendments made by this section shall apply to returns required to be filed for taxable years ending on or after the date that is #a year after the date of the enactment of this ,act4 ,c ,strengthening ,,foia ,enforcement #fba4 ,strengthening ,,foia enforcement 7a7 ,in general ,section #eeb of title #e1 ,united ,states ,code 7commonly known as the ,freedom of ,information ,act7 is amended-- 7#a7 in subsection 7a7-- 7,a7 in paragraph 7#d7-- 7i7 in subparagraph 7,b71 in the first sentence-- 7,i7 by striking and to order and inserting 1 to order2 and 7,,ii7 by inserting before the period at the end the following3 1 to order an agency to make available for public inspection1 including by posting electronically1 the records described in paragraph 7#b71 to make available to the public on the website of the agency the records described in subsection 7p71 and to award other appropriate equitable relief2 and 7ii7 in subparagraph 7,f77i71 in the first sentence-- 7,i7 by inserting 1 orders an agency to make available for public inspection1 including by posting electronically1 the records described in paragraph 7#b71 or orders an agency to make available to the public on the website of the agency the records described in subsection 7p71 after improperly withheld from the complainant2 and 7,,ii7 by inserting or unavailability of records after the withholding each place that term appears2 and 7,b7 in paragraph 7#f71 by adding at the end the following3 7,g7 7i7 ,notwithstanding any determination made under subparagraph 7,a77i71 or any appeal to such a determination under subparagraph 7,a77ii71 the ,office of ,government ,information ,services established under subsection 7h7 shall require an agency to comply with a request for records made under paragraph 7#a71 7#b71 or 7#c71 or any other requirement of this subsection1 if the ,office determines that the agency has not reasonably and impartially complied with the requirements of this subsection4 7ii7 ,if the ,office makes a determination under clause 7i7 that an agency has not reasonably or impartially complied with a request for records made under paragraph 7#a71 7#b71 or 7#c71 or any other requirement of this subsection1 and requires the agency to comply with that request or requirement1 the ,office shall make available to the public on the website of the ,office that determination and any response and regular update by the agency of compliance by the agency4 7iii7 ,nothing in clause 7i7 or 7ii7 shall be construed to prevent or restrict the ability of an individual to bring a suit to compel the disclosure of records under this section4 2 7#b7 in subsection 7d71 by inserting any ,member of before ,congress2 7#c7 in subsection 7h77#c7-- 7,a7 by inserting 7,a7 before ,the ,office2 and 7,b7 by adding at the end the following3 7,b7 ,the ,director of the ,office of ,public ,integrity1 or a designee of the ,director1 may submit a non-binding recommendation to the ,office of ,government ,information ,services regarding the disclosure of information under this section during a mediation service provided under subparagraph 7,a74 2 and 7#d7 by adding at the end the following3 7n7 ,each agency shall maintain and make available through a single website1 which may be the website described in subsection 7m7 and shall be managed by the ,office of ,public ,integrity1 an agency record database that-- 7#a7 contains a log of the status of each open request for records from the agency under this section2 and 7#b7 makes each request for records under this section with which the agency complies available in a format that is searchable1 sortable1 machine readable1 and downloadable not later than #fj days after the date on which the request is first received by the agency4 4 #fbb4 ,exemptions from disclosure 7a7 ,in general ,section #eeb7;b7 of title #e1 ,united ,states ,code1 is amended-- 7#a7 in paragraph 7#c77;,b71 by inserting with an explanation for the exemption after specifically cites to this paragraph2 7#b7 in paragraph 7#d71 by inserting before the semicolon at the end the following3 1 only if disclosure of the commercial or financial information is likely to cause substantial harm to the competitive position of the person from whom the information was obtained2 7#c7 in paragraph 7#e7-- 7,a7 by striking provided that the deliberative process privilege shall not apply to records created #be years or more before the date on which the records were requested and inserting 8and excluding-- 7,a7 any opinion that is a controlling interpretation of law2 7,b7 any final report or memorandum created by an entity other than the agency1 including other ,governmental entities1 at the request of the agency and used to make a final policy decision2 7,c7 any guidance document used by the agency to respond to the public2 and 7,d7 any record created not less than #be years before the date on which the records were requested 2 7#d7 in paragraph 7#f71 by striking similar files and inserting personal information1 such as personal contact information or personal financial information12 7#e7 in paragraph 7#g7-- 7,a7 in subparagraph 7,e7-- 7i7 by inserting a comma before if such2 and 7ii7 by inserting and the record or information was created less than #be years before the date on which the records were requested after circumvention of the law2 and 7,b7 by adding or at the end2 7#f7 by striking paragraph 7#h72 7#g7 by redesignating paragraph 7#i7 as paragraph 7#h72 and 7#h7 in the flush text following paragraph 7#h71 as so redesignated-- 7,a7 by inserting before ,any reasonably segregable portion the following3 ,an agency may not withhold information under this subsection unless the agency reasonably foresees that disclosure would cause specific identifiable harm to an interest protected by an exemption1 or if disclosure is prohibited by law42 and 7,b7 by inserting before ,if technically feasible1 the following3 ,for each record withheld in whole or in part under paragraph 7#c71 the agency shall identify the statute that exempts the record from disclosure44 7b7 ,technical and conforming amendments 7#a7 ,energy ,policy and ,conservation ,act ,section #bed7;a77#b77;,a7 of the ,energy ,policy and ,conservation ,act 7#db ,u4,s4,c4 #fbgd7;a77#b77;,a77 is amended by striking 7b77#i7 and inserting 7b77#h74 7#b7 ,federal ,credit ,union ,act ,section #baf7;j77#c77;,a7 of the ,federal ,credit ,union ,act 7#ab ,u4,s4,c4 #agij;d7j77#c77;,a77 is amended-- 7,a7 by striking 2 or and all that follows and inserting a period2 and 7,b7 by striking excising and all that follows through any portion and inserting excising any portion4 7#c7 ,securities ,exchange ,act of #aicd ,section #bd of the ,securities ,exchange ,act of #aicd 7#ae ,u4,s4,c4 #ghx7 is amended-- 7,a7 in subsection 7d71 by striking 7g7 and inserting 7f72 7,b7 by striking subsection 7e72 and 7,c7 by redesignating subsections 7f7 and 7g7 as subsections 7e7 and 7f71 respectively4 #fbc4 ,public interest balancing test ,section #eeb of title #e1 ,united ,states ,code 7commonly known as the ,freedom of ,information ,act71 as amended by this subtitle1 is amended-- 7#a7 in subsection 7b71 in the matter preceding paragraph 7#a71 by striking ,this section and inserting ,subject to subsection 7o71 this section2 and 7#b7 by adding at the end the following3 7o7 7#a7 ,notwithstanding the applicability of an exemption from disclosure under subsection 7b71 an agency shall make available a record or any segregable portion of a record if the public interest in disclosure clearly outweighs the interest protected by the exemption4 7#b7 ,in evaluating the public interest in disclosing a record or a portion of a record under paragraph 7#a71 an agency and courts shall consider-- 7,a7 the extent to which access to the record will further public understanding of the operations or decision making of an agency or ,government official2 7,b7 the extent to which the age of the record diminishes the rationale for withholding the record2 7,c7 any reasonable suspicion of governmental wrongdoing2 7,d7 the importance of the record to the public in order for the public to make informed decisions with respect to the electoral and democratic process2 and 7,e7 any other factors that the agency or court determines necessary4 4 #fbd4 ,affirmative disclosure of agency records on website ,section #eeb of title #e1 ,united ,states ,code 7commonly known as the ,freedom of ,information ,act71 as amended by this subtitle1 is amended by adding at the end the following3 7p7 7#a7 ,each agency shall make available to the public on the website of the agency-- 7,a7 information relating to each advisory committee 7as defined in section #c of the ,federal ,advisory ,committee ,act 7#e ,u4,s4,c4 ,app477 of the agency1 including-- 7i7 the charter of the advisory committee and a description of the activities of the advisory committee2 7ii7 the name and basic biography of each member of the advisory committee1 and any conflict of interest1 ethics waiver1 or recusal information relating to each member2 7iii7 the meeting agendas1 minutes1 transcripts1 and any recordings of the advisory committee2 7iv7 any upcoming events of the advisory committee2 7v7 timelines of any ongoing advisory committee work2 and 7vi7 a full list of nominated members of the advisory committee and the final selected membership of the advisory committee2 7,b7 information relating to ,federal contracts of the agency1 including-- 7i7 a copy of each contract1 task1 and delivery order2 7ii7 information on past performance of contractors1 if available2 and 7iii7 except for information that is exempt from disclosure under subsection 7b77#d71 all correspondence and documents related to the provision of services to the ,federal ,government by contractors earning-- 7,i7 #aj1jjj1jjj during a #a-year period under a ,federal contract or license2 or 7,,ii7 more than #bj percent of total revenue of the contractor from ,federal sources2 7,c7 ethics documents maintained by the ,office of ,public ,integrity1 including-- 7i7 final submissions of ethics paperwork for an individual in a position on any level of the ,executive ,schedule under subchapter ,,ii of chapter #ec of this title2 7ii7 waivers2 and 7iii7 any document granting a recusal on a specific issue for an individual in a position on any level of the ,executive ,schedule under subchapter ,,ii of chapter #ec of this title2 7,d7 basic employee organizational charts and office contact information1 including-- 7i7 charts that minimally include the names1 job titles1 and salaries of all noncareer appointees and career appointees1 as defined in section #cacb of this title2 and 7ii7 front office contact information for every office within the agency2 7,e7 each communication sent to ,congress or to a committee of ,congress1 including-- 7i7 congressional testimony2 7ii7 each unclassified report submitted to ,congress1 as required by statute2 and 7iii7 each response to questions for congressional hearing records1 provided that the response does not include individual casework or constituent information2 and 7,f7 human resources data of the agency1 in the aggregate1 including-- 7i7 the number of involuntary transfers1 hires1 and voluntary and involuntary departures each quarter2 and 7ii7 information on the racial1 ethnic1 and gender diversity with respect to hires1 departures1 and involuntary transfers4 7#b7 ,if an agency is unable to maintain a website described in paragraph 7#a7 due to resource constraints1 the agency shall submit the information required to be made available under paragraph 7#a7 to the ,director of the ,office of ,public ,integrity1 who shall make the information available on a website managed by the ,office of ,public ,integrity1 such as the website described in subsection 7m74 4 #fbe4 ,applicability ,this subtitle and the amendments made by this subtitle shall apply on and after the date of enactment of this ,act4 ,d ,federal ,contractor ,transparency #fca4 ,expanding applicability of the ,freedom of ,information ,act to ,federal contractors 7a7 ,definition of agency ,in this section1 the term agency has the meaning given the term in section #eeb7;f7 of title #e1 ,united ,states ,code4 7b7 ,applicability of ,,foia ,a record relating to a ,federal contractor1 including a record relating to a non-,federal prison1 correctional1 or detention facility1 produced during fulfillment of the ,federal contract with an agency with funds provided under the contract shall be-- 7#a7 considered a record for purposes of section #eeb7;f77#b7 of title #e1 ,united ,states ,code1 whether in the possession of the ,federal contractor or an agency2 and 7#b7 subject to section #eeb of title #e1 ,united ,states ,code 7commonly known as the ,freedom of ,information ,act71 to the same extent as if the record was maintained by an agency4 7c7 ,withholding of information ,an agency may not withhold information that would otherwise be required to be disclosed under subsection 7b7 unless-- 7#a7 the agency1 based on the independent assessment of the agency1 reasonably foresees that disclosure of the information would cause specific identifiable harm to an interest protected by an exemption from disclosure under section #eeb7;b7 of title #e1 ,united ,states ,code2 or 7#b7 disclosure of the information is prohibited by law4 7d7 ,regulations 7#a7 ,in general ,an agency may promulgate regulations or guidance to ensure compliance with this section by the agency and ,federal contractors4 7#b7 ,compliance by ,federal contractors 7,a7 ,in general ,compliance with this section by an applicable entity shall be included as a material term in any contract1 agreement1 or renewal of a contract or agreement between the agency and the ,federal contractor4 7,b7 ,modification of contract or agreement ,not later than #a year after the date of enactment of this ,act1 an agency shall secure a modification to include compliance with this section by a ,federal contractor as a material term in any contract or agreement described under subparagraph 7,a7 that will not otherwise be renegotiated1 renewed1 or modified before the date that is #a year after the date of enactment of this ,act4 7e7 ,rule of construction ,nothing in this section shall be construed to limit or reduce the scope of ,state or local open records laws4 #fcb4 ,public disclosure by large contractors 7a7 ,definition ,in this section1 the term covered contractor means an entity that earns more than-- 7#a7 #aj1jjj1jjj during a #a-year period under a ,federal contract or license2 or 7#b7 #bj percent of the total revenue of the entity from ,federal sources4 7b7 ,requirement ,each covered contractor shall1 on an annual basis1 submit to the ,director of the ,office of ,public ,integrity and the ,administrator of the ,office of ,federal ,procurement ,policy-- 7#a7 any audited financial statements of the covered contractor2 7#b7 a listing of the salaries of employees of the covered contractor providing services on ,federal contracts that are compensated over #ajj1jjj per year2 7#c7 a detailed list of all ,federal political spending by the covered contractor2 and 7#d7 the identity of each beneficial owner of the covered contractor1 including-- 7,a7 name2 7,b7 current residential or business street address2 and 7,c7 whether the beneficial owner is a foreign person4 7c7 ,penalty ,the ,director of the ,office of ,management and ,budget may-- 7#a7 in consultation with the ,administrator of the ,office of ,federal ,procurement ,policy and the ,director of the ,office of ,public ,integrity1 temporarily or indefinitely disqualify a covered contractor from receiving a ,federal contract if the ,director of the ,office of ,management and ,budget determines that the covered contractor failed to comply with the requirement under subsection 7b72 and 7#b7 reinstate the ability of a covered contractor described in paragraph 7#a7 to receive a ,federal contract4 ,e ,congressional ,transparency #fda4 ,increased transparency of committee work 7a7 ,definitions ,in this section-- 7#a7 the term ,committee means-- 7,a7 a committee of the ,house of ,representatives2 7,b7 a committee of the ,senate2 and 7,c7 a subcommittee of a committee described in paragraph 7#a7 or 7#b72 7#b7 the term covered hearing means a public hearing held by a ,committee2 and 7#c7 the term covered markup means a public markup held by a ,committee4 7b7 ,schedule ,at the same time as the schedule is made available to members of a ,committee1 but not later than #g days before the date of a covered hearing or covered markup 7unless the ,chairman and ,ranking ,minority ,member of the ,committee agree to waive the #g-;day requirement71 each ,committee shall make available on the website of the ,committee the schedule of covered hearings and covered markups of the ,committee4 7c7 ,information required for markups ,at the same time as the materials are made available to members of a ,committee1 but not later than #bd hours before the time of a covered markup 7unless the ,chairman and ,ranking ,minority ,member of the ,committee agree to waive the #bd-;hour requirement71 the ,committee shall make available on the website of the ,committee any bill or resolution to be considered at the covered markup and any amendments to such a bill or resolution filed with the ,committee4 7d7 ,additional required information ,not later than #bd hours after holding a covered hearing or a covered markup1 a ,committee shall make available on the website of the ,committee-- 7#a7 a description of the topic of the covered hearing or covered markup2 7#b7 any legislation related to the covered hearing or covered markup2 7#c7 the written testimony of any witness2 7#d7 any documents or materials entered into the record2 7#e7 any written opening statements of the ,chairman or ,ranking ,minority ,member of the ,committee2 and 7#f7 audio and video recordings of the covered hearing or covered markup4 7e7 ,transcripts ,not later than #de days after holding a covered hearing or covered markup1 a ,committee shall make available on the website of the ,committee transcripts of the covered hearing or covered markup4 7f7 ,reported measures ,not later than #bd hours after a covered markup during which a ,committee orders a bill or resolution to be reported1 the ,committee shall post on the website of the ,committee-- 7#a7 each amendment to the bill or resolution that was agreed to1 except for technical and conforming changes authorized by the ,committee2 and 7#b7 a record of each vote taken on the bill or resolution or an amendment thereto4 7g7 ,comparative print 7#a7 ,in general ,not later than #de days after a ,committee reports a bill or joint resolution proposing to repeal or amend a statute or part thereof1 the ,committee shall include in its report or in an accompanying document and make available on the website of the ,committee-- 7,a7 the entire text of each section of a statute that is proposed to be repealed or amended2 and 7,b7 a comparative print of each amendment to a section of a statute that the bill or joint resolution proposes to make1 showing by appropriate typographical devices the omissions and insertions proposed4 7#b7 ,committee amendments ,if a ,committee reports a bill or joint resolution proposing to repeal or amend a statute or part thereof with a recommendation that the bill or joint resolution be amended1 the comparative print required by paragraph 7#a7 shall reflect the changes in existing law proposed to be made by the bill or joint resolution as proposed to be amended4 7#c7 ,availability ,each ,committee shall make reasonable efforts to make a comparative print required by paragraph 7#a7 available to the members of the ,committee and to the public as early as practicable1 and before a covered markup1 if practical4 7h7 ,questions for the record 7#a7 ,in general ,except as provided in paragraph 7#b71 for each covered hearing or covered markup1 a ,committee shall make available on the website of the ,committee any response to questions for the record of the covered hearing or covered markup that the ,committee receives from a testifying witness4 7#b7 ,protection of certain information ,upon agreement by the ,chairman and ,ranking ,minority ,member of a ,committee1 a response described in paragraph 7#a7 may be withheld from the website of the ,committee if it includes individual casework or constituent information or information that the ,chairman and ,ranking ,minority ,member determine is confidential information4 #fdb4 ,increased transparency of recorded votes 7a7 ,definition ,in this section1 the term ,member of ,congress means a member of the ,house of ,representatives and a member of the ,senate4 7b7 ,additional duties of the ,clerk of the ,house of ,representatives and the ,secretary of the ,senate ,the ,clerk of the ,house of ,representatives and the ,secretary of the ,senate shall make available on the website of the ,office of the ,clerk or of the ,secretary1 respectively1 a record of the recorded votes of each ,member of ,congress who is a member of their ,house of ,congress1 organized by the name of the ,member of ,congress1 in a structured data format1 which shall include the roll1 date1 issue1 question1 result1 and title or description of the vote4 7c7 ,web link ,each ,member of ,congress shall provide a link on the website of the ,member of ,congress to the record of recorded votes of the ,member of ,congress made available by the ,clerk of the ,house of ,representatives or the ,secretary of the ,senate1 as applicable4 7d7 ,effective date ,this section shall apply to recorded votes by ,members of ,congress occurring after the date of enactment of this ,act4 #fdc4 ,increased transparency of appropriations bills 7a7 ,inclusion ,the ,clerk of the ,house of ,representatives and the ,secretary of the ,senate shall ensure that each report accompanying any appropriations bill reported by the ,committees on ,appropriations of the ,house of ,representatives or the ,committee on ,appropriations of the ,senate1 respectively1 includes a formatted spreadsheet showing the amounts made available by the bill1 in a tabular1 digital format that shows separate entries for each fiscal year covered by the bill4 7b7 ,effective date ,subsection 7a7 shall apply with respect to any appropriations bill making funds available for fiscal year #bjai or any fiscal year thereafter4