,i #aafth ,,congress #b;d ,session ,h4 ,r4 #ijbi ,,in ,,the ,,house ,,of ,,representatives ,december #ah1 #bjbj ,ms4 ,jayapal 7for herself1 ,ms4 ,norton1 ,mr4 ,sarbanes1 ,ms4 ,omar1 and ,ms4 ,schakowsky7 introduced the following bill2 which was referred to the ,committee on the ,judiciary1 and in addition to the ,committees on ,oversight and ,reform1 ,house ,administration1 ,ways and ,means1 ,financial ,services1 ,intelligence 7,permanent ,select71 ,rules1 ,foreign ,affairs1 ,armed ,services1 and the ,budget1 for a period to be subsequently determined by the ,speaker1 in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned ,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 ,executive branch conflicts of interest law expansions4 ,sec4 #ajd4 ,legislative branch conflicts of interest law expansions4 ,sec4 #aje4 ,conflicts of interest rules for all senior government officials and nonconflicted ,federal employee investment accounts4 ,sec4 #ajf4 ,post-employment restrictions4 ,sec4 #ajg4 ,golden parachutes ban4 ,sec4 #ajh4 ,general public integrity rules4 ,sec4 #aji4 ,legal expense funds4 ,sec4 #aaj4 ,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 ,criminality of the ,president or other senior government officials4 ,sec4 #aag4 ,presidential obstruction of justice4 ,sec4 #aah4 ,sense of ,congress regarding violations4 ,sec4 #aai4 ,rule of construction4 ,sec4 #abj4 ,severability4 ,subtitle ,c--,strengthening criminal anti-,corruption laws ,sec4 #aba4 ,bribery of public officials and witnesses4 ,sec4 #abb4 ,prohibition on undisclosed self-dealing by public officials4 ,subtitle ,d--,requiring financial disclosures before taking office ,sec4 #aca4 ,prohibition on taking office until financial disclosures are filed4 ,subtitle ,e--,strengthening ,inauguration ,fund ,rules ,sec4 #ada4 ,strengthening ,inauguration ,fund rules4 ,subtitle ,f--,political intelligence transparency ,sec4 #aea4 ,disclosure of political intelligence activities under lobbying disclosure act4 ,sec4 #aeb4 ,effective date4 ,,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 on contingent fee lobbying4 ,sec4 #bjg4 ,prohibition on provision of gifts or travel by registered lobbyists4 ,sec4 #bjh4 ,application of ,general ,schedule to ,congress4 ,sec4 #bji4 ,reestablishment of ,office of ,technology ,assessment4 ,sec4 #baj4 ,progressive tax on lobbying expenditures4 ,sec4 #baa4 ,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 ,electronic court records reform4 ,sec4 #dji4 ,forced arbitration injustice repeal4 ,sec4 #daj4 ,restrictions on protective orders and sealing of cases and settlements4 ,sec4 #daa4 ,secret settlements ban4 ,sec4 #dab4 ,oversight process for disqualification of justice1 judge1 or magistrate judge4 ,sec4 #dac4 ,complaints against retired judges and judicial discipline4 ,sec4 #dad4 ,action by judicial council in response to misconduct by judges4 ,sec4 #dae4 ,supreme ,court ,complaints ,review ,committee4 ,sec4 #daf4 ,expedited impeachment of ,federal judges4 ,sec4 #dag4 ,judicial workplace climate surveys4 ,sec4 #dah4 ,pilot program to provide access to counsel in ,federal court4 ,,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 submissions4 ,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 ,,title ,,vii--,campaign ,finance ,reforms ,subtitle ,a--,requirements relating to preventing conflicts of interest ,part ,i--,requirements relating to registered lobbyists and government contractors ,sec4 #gja4 ,requirements relating to registered lobbyists4 ,sec4 #gjb4 ,disclosure of political spending by government contractors4 ,sec4 #gjc4 ,repeal of restriction of use of funds by internal revenue service to bring transparency to political activity of certain nonprofit organizations4 ,sec4 #gjd4 ,repeal of revenue procedure that eliminated requirement to report information regarding contributors to certain tax-exempt organizations4 ,part ,,ii--,requirements relating to corporations ,sec4 #gaa4 ,banning corporations from fundraising4 ,sec4 #gab4 ,banning contributions to members of ,congress from corporations under the jurisdiction of their committees4 ,sec4 #gac4 ,corporate ,,pac ban4 ,sec4 #gad4 ,disclosure of campaign-related disbursements4 ,part ,,iii--,requirements relating to foreign nationals ,sec4 #gba4 ,banning foreign-owned and partially foreign-owned corporations from spending on ,united ,states elections4 ,part ,,iv--,additional requirements ,,subpart ,a--,campaign ,finance ,sec4 #gca4 ,clarification on treatment of information used to influence an election for ,federal office as a contribution2 clarification regarding purpose of influencing an election for ,federal office4 ,sec4 #gcb4 ,prohibition on ,super ,,pac-,candidate coordination4 ,sec4 #gcc4 ,disclosure of major donors1 bundlers1 and finance events in presidential campaigns4 ,sec4 #gcd4 ,lowering contribution limits2 repeal of special contribution limits for contributions to national parties for certain purposes4 ,sec4 #gce4 ,restrictions on testing the waters4 ,sec4 #gcf4 ,personal use ban for leadership ,,pacs4 ,sec4 #gcg4 ,prohibition on joint fundraising committees4 ,,subpart ,b--,prohibition on the appointment of big donor ambassadors and chiefs of mission ,sec4 #gch4 ,prohibition on the appointment of big donor ambassadors and chiefs of mission4 ,subtitle ,b--,strengthening ,oversight of ,online ,political ,advertising ,sec4 #gda4 ,expansion of definition of public communication4 ,sec4 #gdb4 ,expansion of definition of electioneering communication4 ,sec4 #gdc4 ,application of disclaimer statements to online communications4 ,sec4 #gdd4 ,political record requirements for online platforms4 ,sec4 #gde4 ,preventing contributions1 expenditures1 independent expenditures1 and disbursements for electioneering communications by foreign nationals in the form of online advertising4 ,subtitle ,c--,public ,financing ,part ,i--,small ,dollar ,financing of ,senate ,election ,campaigns ,sec4 #gea4 ,eligibility requirements and benefits of fair elections financing of senate election campaigns4 ,sec4 #geb4 ,exception to limitation on coordinated expenditures by political party committees with participating candidates4 ,sec4 #gec4 ,assessments against fines and penalties4 ,part ,,ii--,presidential ,elections ,,subpart ,a--,primary ,elections ,sec4 #gfa4 ,increase in and modifications to matching payments4 ,sec4 #gfb4 ,eligibility requirements for matching payments4 ,sec4 #gfc4 ,repeal of expenditure limitations4 ,sec4 #gfd4 ,period of availability of matching payments4 ,sec4 #gfe4 ,examination and audits of matchable contributions4 ,sec4 #gff4 ,modification to limitation on contributions for ,presidential primary candidates4 ,sec4 #gfg4 ,use of ,freedom ,from ,influence ,fund as source of payments4 ,,subpart ,b--,general ,elections ,sec4 #gga4 ,modification of eligibility requirements for public financing4 ,sec4 #ggb4 ,repeal of expenditure limitations and use of qualified campaign contributions4 ,sec4 #ggc4 ,matching payments and other modifications to payment amounts4 ,sec4 #ggd4 ,increase in limit on coordinated party expenditures4 ,sec4 #gge4 ,establishment of uniform date for release of payments4 ,sec4 #ggf4 ,amounts in ,presidential ,election ,campaign ,fund4 ,sec4 #ggg4 ,use of general election payments for general election legal and accounting compliance4 ,sec4 #ggh4 ,use of ,freedom ,from ,influence ,fund as source of payments4 ,,subpart ,c--,presidential nominating conventions ,sec4 #ggi4 ,payments for ,presidential nominating conventions4 ,,subpart ,d--,effective ,date ,sec4 #ggi;,a4 ,effective date4 ,subtitle ,d--,enhancing ,,fec ,enforcement ,sec4 #gha4 ,membership of ,federal ,election ,commission4 ,sec4 #ghb4 ,assignment of powers to ,chair of ,federal ,election ,commission4 ,sec4 #ghc4 ,revision to enforcement process4 ,sec4 #ghd4 ,permitting appearance at hearings on requests for advisory opinions by persons opposing the requests4 ,sec4 #ghe4 ,permanent extension of administrative penalty authority4 ,sec4 #ghf4 ,requiring forms to permit use of accent marks4 ,sec4 #ghg4 ,restrictions on ex parte communications4 ,sec4 #ghh4 ,clarifying authority of ,,fec attorneys to represent ,,fec in ,supreme ,court4 ,sec4 #ghi4 ,effective date2 transition4 ,subtitle ,e--,miscellaneous ,sec4 #gia4 ,comptroller general report and briefing on campaign donations by nominees before the ,senate4 ,sec4 #gib4 ,effective date4 ,sec4 #gic4 ,severability4 #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 subtitle3 7#a7 ,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#b7 ,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#c7 ,corporate lobbyist ,the term corporate lobbyist has the meaning given the term in section #c of the ,lobbying ,disclosure ,act of #aiie1 as amended by section #bjb of this ,act4 7#d7 ,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#e7 ,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-- 7i7 the ,executive ,office of the ,president and all components thereof1 including the ,white ,house ,office2 and 7ii7 the ,office of the ,vice ,president4 7#f7 ,gross receipts ,the term gross receipts has the meaning given the term in section #iic7;f7 of the ,internal ,revenue ,code of #aihf4 7#g7 ,lobbyist ,the term lobbyist has the meaning given the term in section #c of the ,lobbying ,disclosure ,act of #aiie1 as amended by section #bjb of this ,act4 7#h7 ,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#i7 ,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#aj7 ,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#aa7 ,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 appointed to a position on any level of the ,executive ,schedule under subchapter ,,ii of chapter #ec of title #e1 ,united ,states ,code1 including positions identified in sections #ecab through #ecaf of title #e1 ,united ,states ,code2 7ii7 a noncareer officer or employee serving in the ,executive ,office of ,president1 including the ,white ,house ,office1 and in the ,office of the ,vice ,president2 and 7iii7 an individual employed in a position in the executive branch of the ,government who is excepted from the competitive service by reason of being of a confidential or policy-determining character under schedule ,c of subpart ,c of part #bac of title #e1 ,code of ,federal ,regulations 7or any successor regulations71 except that the ,director of the ,office of ,public ,integrity may1 by regulation1 exclude from the application of this paragraph any individual1 or group of individuals1 who are in such positions1 but only in cases in which the ,director determines such exclusion would not affect adversely the integrity of the ,government or the confidence of the public in the integrity of the ,government2 7,b7 an individual employed in a position in the ,senior ,executive ,service2 7,c7 an individual employed in a position at the ,,gs-#ae 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-#ae 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 #ajc 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 ,integrity within #cj days of issuance2 7,,ii7 include a justification sent to ,congress within #cj days of issuance 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 7,,aa7 include a certification by the ,president that a search was conducted in good faith to find an alternative candidate with comparable qualifications who was not a lobbyist2 or 7,,bb7 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 within #cj days of issuance 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 ,ethics within #cj days of issuance2 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 or opinion regarding such a waiver4 7b7 ,other hiring restrictions 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 agency 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 ,executive branch conflicts of interest law expansions ,section #bjh of title #ah1 ,united ,states ,code1 is amended by adding at the end the following3 7e7 ,securities ,ownership and ,trading ,restrictions 7#a7 ,definition ,in this subsection and subsection 7f71 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 ,president and all components thereof1 including the ,white ,house ,office and the ,office of the ,vice ,president4 7#b7 ,prohibition 7,a7 ,in general ,no officer or employee of an ,executive agency may own an interest in or trade 7except a trade that is a divestment required or approved by the ,director of the ,office of ,public ,integrity or the designated agency ethics official of the ,executive agency that employs the individual for compliance with this section7 any individual stock1 bond1 commodity1 future1 or 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 ,executive agency that employs the individual7 determines that the financial interests of the officer or employee may be directly influenced by an action of the ,executive agency4 7,b7 ,exception ,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 ,penalty ,whoever violates subparagraph 7,a7 shall be subject to the penalties set forth in section #baf of this title4 7,d7 ,waiver ,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 exists under this section4 7f7 ,recusal requirements 7#a7 ,in general ,except as provided in paragraphs 7#b7 and 7#c71 each officer and employee of any ,executive agency shall not participate personally and substantially as a ,government officer or employee1 through decision1 approval1 disapproval1 recommendation1 the rendering of advice1 investigation1 or otherwise1 in any particular matter1 including an adjudication1 procurement1 or rulemaking1 that the officer or employee knows has or is likely to have a direct and predictable effect on the financial interest of-- 7,a7 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 7,b7 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 ,exclusions ,this subsection shall not apply to-- 7,a7 the ,president2 7,b7 the ,vice ,president2 7,c7 any individual appointed to a position in an ,executive agency by and with the advice and consent of the ,senate2 7,d7 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 7,e7 any individual who receives a waiver under paragraph 7#c74 7#c7 ,waiver 7,a7 ,in general ,the ,director of ,public ,integrity may waive the requirements of this subsection for any officer or employee 7except individuals described in subparagraph 7,c77iii774 7,b7 ,limitation ,officers and employees may apply to the ,director of ,public ,integrity for a waiver under this paragraph only if the individual agrees to comply with the ,conflicts of ,interest ,rules for ,senior ,government ,officials in section #aje7;a7 and section #ajf of the ,anti-,corruption and ,public ,integrity ,act4 7,c7 ,waiver requirements ,a waiver made under this paragraph-- 7i7 shall be made publicly available and searchable within #cj days of issuance2 7ii7 shall include a justification sent to ,congress within #cj days of issuance explaining why the waiver is in the national interest2 and 7iii7 may not be granted if the individual received a waiver under section #ajb7;a77#a77;,c7 of the ,anti-,corruption and ,public ,integrity ,act4 7,d7 ,authority of ,director ,the ,director of ,public ,integrity may deny a waiver under this paragraph for any reason4 7#d7 ,penalty ,an officer or employee who violates this subsection shall be subject to the penalties set forth in section #baf of this title4 4 #ajd4 ,legislative branch conflicts of interest law expansions 7a7 ,divestment ,except as provided in subsection 7e71 no senior government official in the legislative branch 7including ,members of ,congress7 may own an interest in or trade 7except as a divestment7 any stock1 bond1 commodity1 future1 and other form of security1 including an interest in a hedge fund1 a derivative1 option1 or other complex investment vehicle4 7b7 ,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 7c7 ,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 7d7 ,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 subsection 7a71 shall be in violation of subsection 7c7 if-- 7#a7 the officer or employee owns an interest in or trades 7except as a divestment7 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 7e7 ,exception ,nothing in this section 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 #aje4 ,conflicts of interest rules for all senior government officials and nonconflicted ,federal employee investment accounts 7a7 ,required divestments of conflicted assets 7#a7 ,stocks and securities ,no senior government official may own an interest in or trade 7except a divestment required or approved by the supervising ethics office7 any stock1 bond1 commodity1 future1 and other form of security1 including an interest in a hedge fund1 a derivative1 option1 or other complex investment vehicle1 except nonconflicted assets allowed under subsection 7b74 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;,c74 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 office determines that the trust includes any-- 7i7 asset that might present a conflict of interest2 or 7ii7 stock1 bond1 commodity1 future1 and other form of security1 including an interest in a hedge fund1 a derivative1 option1 or other complex investment vehicle1 except nonconflicted assets allowed under subsection 7b74 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 ,privately owned or closely held corporation ,no senior government official may maintain ownership in a privately owned or closely held corporation1 company1 firm1 partnership1 or other business enterprise4 7,b7 ,board members ,no senior government official may serve on the board of directors of any for-profit entity1 including any corporation1 company1 firm1 partnership1 or other business enterprise4 7,c7 ,exception ,subparagraphs 7,a7 and 7,b7 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 noncommercial real estate1 including 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 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 fund described in section #ajb7;f77#h7 of the ,ethics in ,government ,act of #aigh 7#e ,u4,s4,c4 ,app471 unless-- 7,a7 the widely held investment fund does not present a conflict of interest2 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 ,section #hdgb of title #e1 ,united ,states ,code1 is amended-- 7,a7 in subsection 7f7-- 7i7 in paragraph 7#b71 by striking and at the end2 7ii7 in paragraph 7#c71 by striking the period at the end and inserting a semicolon2 and 7iii7 by adding at the end the following3 7#d7 not later than #c years after the date of enactment of this paragraph1 establish ,federal ,employee ,investment ,accounts in the ,treasury of the ,united ,states accounts for senior government officials to maintain investments in the stock and securities markets in which a senior government official may-- 7,a7 sell an asset or security1 including those assets or securities that present a conflict of interest under section #aje7;a7 of the ,anti-,corruption and ,public ,integrity ,act1 and invest the resulting funds into the ,federal ,employee ,investment ,accounts2 and 7,b7 withdraw funds from their ,federal ,employee ,investment ,account at any time2 7#e7 act in the interest of the plan participants and beneficiaries of ,federal ,employee ,investment ,accounts when making decisions for the purpose of providing benefits to those participants and beneficiaries2 7#f7 establish a new and parallel system for recordkeeping with respect to ,federal ,employee ,investment ,accounts2 and 7#g7 establish a ,federal ,employee ,investment ,fund to fully cover administrative costs associated with managing ,federal ,employee ,investment ,accounts1 which-- 7,a7 shall be separate from the ,thrift ,savings ,fund established under section #hdcg1 except with respect to administrative costs for common resources2 and 7,b7 may be used for compensation to pay new employees1 additional resources for information technology1 additional call center capacity1 and any other new capacity to handle the administration of ,federal ,employee ,investment ,accounts4 2 7,b7 in subsection 7g77#a7-- 7i7 in subparagraph 7,c71 by striking and at the end2 7ii7 by striking the period at the end and inserting 2 and2 and 7iii7 by adding at the end the following3 7,e7 promulgate regulations for the administration of ,federal ,employee ,investment ,accounts4 2 and 7,c7 by adding at the end the following3 7k7 ,authorization of appropriations ,there is authorized to be appropriated such sums as may be necessary to establish and maintain ,federal ,employee ,investment ,accounts established under subsection 7f71 including for the purpose of reducing any fees paid by participants in the ,federal ,employee ,investment ,accounts4 4 #ajf4 ,post-employment restrictions 7a7 ,in general ,section #bjg of title #ah1 ,united ,states ,code1 is amended-- 7#a7 in subsection 7a7-- 7,a7 in paragraph 7#a71 in the matter preceding subparagraph 7,a71 by inserting after with the intent to influence1 the following3 or with the intent to gain information for use in analyzing securities or commodities markets1 or in informing investment decisions in securities or commodities markets12 and 7,b7 in paragraph 7#b71 in the matter preceding subparagraph 7,a71 by inserting after with the intent to influence1 the following3 or with the intent to gain information for use in analyzing securities or commodities markets1 or in informing investment decisions in securities or commodities markets12 7#b7 by striking subsections 7c71 7d71 and 7e7 and inserting the following3 7c7 ,lobbying and political intelligence 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 lobbyist or political intelligence consultant2 or 7,b7 knowingly makes1 with the intent to influence1 or with the intent to gain information for use in analyzing securities or commodities markets1 or in informing investment decisions in securities or commodities markets1 any communication to or appearance before any officer or employee of any department1 ,executive 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 agency ,executive agency1 shall be subject to the penalties set forth 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 or with the intent to gain information for use in analyzing securities or commodities markets1 or in informing investment decisions in securities or commodities markets1 any communication to or appearance before their former office1 ,executive agency1 or ,house of ,congress1 for compensation1 shall be subject to the penalties set forth 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 at the time of the termination of service or 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 at the time of the termination of service or 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 7#c7 by redesignating subsections 7f7 through 7l7 as subsections 7d7 through 7j71 respectively2 7#d7 in subsection 7g71 as so redesignated-- 7,a7 by redesignating paragraphs 7#a71 7#b71 and 7#c7 as paragraphs 7#b71 7#c71 and 7#d71 respectively2 7,b7 by inserting before paragraph 7#b71 as so redesignated1 the following3 7#a7 the terms corporate lobbyist1 lobbyist1 and political intelligence consultant have the meanings given such terms in section #c of the ,lobbying ,disclosure ,act of #aiie 7#b ,u4,s4,c4 #afjb72 2 and 7,c7 in paragraph 7#b71 as so redesignated1 by inserting after with the intent to influence1 the following3 or with the intent to gain information for use in analyzing securities or commodities markets1 or in informing investment decisions in securities or commodities markets12 7#e7 in subsection 7h71 as so redesignated1 by adding at the end the following3 7#h7 ,representative of a media organization ,the restrictions contained in this section relating to a communication made with the intent to gain information for use in analyzing securities or commodities markets1 or in informing investment decisions in securities or commodities markets shall not apply to a communication made by a representative of a media organization 7as such term is defined in section #c of the ,lobbying ,disclosure ,act of #aiie 7#b ,u4,s4,c4 #afjb771 if the purpose of the communication is gathering and disseminating news and information to the public4 2 and 7#f7 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 appointed to a position on any level of the ,executive ,schedule under subchapter ,,ii of chapter #ec of title #e1 ,united ,states ,code1 including positions identified in sections #ecab through #ecaf of title #e1 ,united ,states ,code2 7,,ii7 a noncareer officer or employee serving in the ,executive ,office of ,president1 including the ,white ,house ,office1 and in the ,office of the ,vice ,president2 and 7,,iii7 an individual employed in a position in the executive branch of the ,government who is excepted from the competitive service by reason of being of a confidential or policy-determining character under schedule ,c of subpart ,c of part #bac of title #e1 ,code of ,federal ,regulations 7or any successor regulations71 except that the ,director of the ,office of ,public ,integrity may1 by regulation1 exclude from the application of this paragraph any individual1 or group of individuals1 who are in such positions1 but only in cases in which the ,director determines such exclusion would not affect adversely the integrity of the ,government or the confidence of the public in the integrity of the ,government2 7ii7 an individual employed in a position in the ,senior ,executive ,service2 7iii7 an individual employed in a position at the ,,gs-#ae 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-#ae 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 ,executive agency1 department1 or congressional office with which the corporation1 company1 firm1 partnership1 or other business enterprise made a lobbying contact in the past #b years4 7#c7 ,special rules for post employment with giant banks1 companies1 and contractors 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 approved the technical requirements of the contract or license1 and any senior government official in the executive branch of the ,united ,states employed at the ,executive 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 ,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 7,c7 ,earned income disclosures 7i7 ,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 earned income for the #d-year period beginning on the date on which the government official terminated employment with the ,united ,states4 7ii7 ,publicly available ,the ,director of the ,office of ,public ,integrity shall make a disclosure made under clause 7i7 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 7iii7 ,automatic disclosure 7,i7 ,in general ,each senior government official subject to the disclosure requirement in clause 7i7 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 7i71 but no other information1 such that additional action is not required of the senior government official after such individual files a tax return4 7,,ii7 ,safe harbor ,any individual who consents under subclause 7,i7 shall not be subject to clause 7v74 7iv7 ,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 7v7 ,penalties for former senior government officials 7,i7 ,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 7,,ii7 ,criminal penalties 7aa7 ,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 7bb7 ,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 for giant banks and companies 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 be 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 be 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 to 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 7b7 ,effective date ,the amendments made by subsection 7a7 relating to political intelligence contacts 7as defined in section #c of the ,lobbying ,disclosure ,act of #aiie 7#b ,u4,s4,c4 #afjb71 as amended by this ,act7 shall apply with respect to any political intelligence contact that is made on or after the date that is #a year after the date of the enactment of this ,act4 7c7 ,technical and conforming amendments ,section #bjg of title #ah1 ,united ,states ,code1 is amended-- 7#a7 in subsection 7d71 as redesignated by subsection 7a7 of this section1 is amended by striking 7d71 or 7e72 7#b7 in subsection 7f77#b71 as redesignated by subsection 7a7 of this section1 in the second sentence1 by striking 7c77#b77;,a77i7 or 7iii7 and inserting 7c72 7#c7 in subsection 7g77#a71 as redesignated by subsection 7a7 of this section-- 7,a7 in subparagraph 7,a71 by striking 7a71 7c71 and 7d7 and inserting 7a7 and 7c72 and 7,b7 in subparagraph 7,b71 by striking 7f7 and inserting 7d72 and 7#d7 in subsection 7h71 as redesignated by subsection 7a7 of this section-- 7,a7 by striking subsections 7c71 7d71 and 7e7 each place the term appears and inserting subsection 7c72 7,b7 in paragraph 7#e71 by striking 7a71 7c71 and 7d7 and inserting 7a7 and 7c72 and 7,c7 in paragraph 7#g77;,b71 by striking subsections 7c71 7d71 or 7e7 and inserting subsection 7c74 7d7 ,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-- 7,a7 in subparagraph 7,b71 by striking senior2 and 7,b7 in subparagraph 7,c71 by striking #a year and inserting #d years4 #ajg4 ,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-- 7i7 linked to future service in the ,federal ,government in any way2 or 7ii7 from a current or former employer unless the recipient demonstrates that the payment would have been received if the recipient had not entered government service4 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 #ajh4 ,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 an individual designated as a ,special ,government ,employee to the same extent that they apply to regular ,government employees beginning on the date that is #fa days after the date on which the ,special ,government ,employee commences employment during a #cfe-;day period4 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 #aji4 ,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 ,executive agency1 office1 or entity employing the officer or employee2 7#e7 from any person conducting activities regulated by the ,executive 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 establish1 or directly or indirectly receives money from1 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 establishes1 or directly or indirectly receives money from1 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 #aaj4 ,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 subtitle 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 subtitle1 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 subtitle 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 subtitle2 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 #h 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 #h 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 #ahj days 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 7g7 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 ,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 ,criminality of the ,president or other senior government officials ,section #b of title #ah1 ,united ,states ,code1 is amended by inserting 1 including the ,president1 the ,vice ,president1 a ,member of ,congress1 an ,associate ,justice of the ,supreme ,court of the ,united ,states1 the ,chief ,justice of the ,united ,states1 and any other officer of the ,united ,states1 after ,whoever each place it appears4 #aag4 ,presidential obstruction of justice 7a7 ,in general ,chapter #gc of title #ah1 ,united ,states ,code1 is amended by adding at the end the following3 #aebb4 ,applicability to all officers1 including the ,president and ,vice ,president ,this chapter shall apply to all officers of the ,united ,states1 including the ,president1 the ,vice ,president1 a ,member of ,congress1 an ,associate ,justice of the ,supreme ,court of the ,united ,states1 and the ,chief ,justice of the ,united ,states4 4 7b7 ,conforming amendment ,the table of sections for chapter #gc of title #ah1 ,united ,states ,code1 is amended by adding at the end the following3 #aebb4 ,applicability to all officers1 including the ,president and ,vice ,president4 4 #aah4 ,sense of ,congress regarding violations ,it is the sense of ,congress that a violation of section #aab 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 #aai4 ,rule of construction ,nothing in this subtitle or an amendment made by this subtitle shall be construed to violate the ,constitution of the ,united ,states4 #abj4 ,severability ,if any provision of this subtitle or any amendment made by this subtitle1 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 subtitle and the amendments made by this subtitle1 and the application of the provision or amendment to any other person or circumstance1 shall not be affected4 ,c ,strengthening criminal anti-,corruption laws #aba4 ,bribery of public officials and witnesses 7a7 ,definition ,section #bja7;a7 of title #ah1 ,united ,states ,code1 is amended-- 7#a7 in paragraph 7#b71 by striking and at the end2 7#b7 by striking paragraph 7#c7 and inserting the following3 7#c7 the term official act-- 7,a7 means any decision or action on1 or personal and substantial participation through acts1 including approval1 disapproval1 recommendation1 rendering of advice on1 or investigation of any question1 matter1 cause1 suit1 proceeding or controversy1 that may at any time be pending1 or which may by law be brought before any public official1 in such official's capacity1 or in such official's place of trust or profit2 and 7,b7 includes-- 7i7 advancing or advocating for an application to obtain a contract with the ,government2 7ii7 aiding or impeding the progress or passage of legislation2 7iii7 providing access to any public official by arranging a meeting1 event1 telephone call1 or other communication with the intent that such access influence the public official in an official act2 and 7iv7 a single act1 more than #a act1 or a course of conduct 2 7#c7 by adding at the end the following3 7#d7 the term rule or regulation means a ,federal regulation or a rule of the ,house of ,representatives or the ,senate1 including rules and regulations governing the acceptance of gifts and campaign contributions4 4 7b7 ,clarification ,section #bja7;c7 of title #ah1 ,united ,states ,code1 is amended by striking paragraph 7#a7 and inserting the following3 7#a7 otherwise than as provided by law for the proper discharge of official duty1 or by rule or regulation-- 7,a7 directly or indirectly gives1 offers1 or promises any thing or things of value to any public official1 former public official1 or person selected to be a public official1 for or because of any official act performed or to be performed by such public official1 former public official1 or person selected to be a public official2 7,b7 directly or indirectly knowingly gives1 offers1 or promises any thing or things of value with an aggregate value of not less than #a1jjj to any public official1 former public official1 or person selected to be a public official for or because of the official's or person's official position2 7,c7 being a public official1 former public official1 or person selected to be a public official1 directly or indirectly1 knowingly demands1 seeks1 receives1 accepts1 or agrees to receive or accept any thing or things of value with an aggregate value of not less than #a1jjj for or because of the official's or person's official position2 or 7,d7 being a public official1 former public official1 or person selected to be a public official1 directly or indirectly demands1 seeks1 receives1 accepts1 or agrees to receive or accept any thing or things of value for or because of any official act performed or to be performed by such official or person2 4 #abb4 ,prohibition on undisclosed self-dealing by public officials 7a7 ,in general ,section #acdf of title #ah1 ,united ,states ,code1 is amended-- 7#a7 by striking 1 the and all that follows through the end and inserting and inserting 83 7#a7 ,material information ,the term material information means information-- 7,a7 regarding a financial interest of a person described in clauses 7i7 through 7iv7 of paragraph 7#e77;,a72 and 7,b7 regarding the association1 connection1 or dealings by a public official with an individual1 business1 or organization described in clauses 7iii7 through 7vi7 of paragraph 7#e77;,a74 7#b7 ,official act ,the term official act has the meaning given the term in section #bja7;a74 7#c7 ,public official ,the term public official means an officer1 employee1 or elected or appointed representative1 or person acting for or on behalf of the ,united ,states1 a ,state1 or a subdivision of a ,state1 or any department1 agency1 or branch of government thereof1 in any official function1 under or by authority of any such department1 agency1 or branch of government4 7#d7 ,state ,the term ,state includes a ,state of the ,united ,states1 the ,district of ,columbia1 and any commonwealth1 territory1 or possession of the ,united ,states4 7#e7 ,undisclosed self-dealing ,the term undisclosed self-dealing means-- 7,a7 an official act by a public official for the purpose1 in whole or in material part1 of furthering or benefitting a financial interest1 of which the public official has knowledge1 of-- 7i7 the public official2 7ii7 the spouse or minor child of a public official2 7iii7 a general business partner of the public official2 7iv7 a business or organization in which the public official is serving as an employee1 officer1 director1 trustee1 or general partner2 7v7 an individual1 business1 or organization with whom the public official is negotiating for1 or has any arrangement concerning1 prospective employment or financial compensation2 or 7vi7 an individual1 business1 or organization from whom the public official has received any thing or things of value1 otherwise than as provided by law for the proper discharge of official duty1 or by rule or regulation2 7,b7 the knowing falsification1 concealment1 or covering up of material information by a public official that is required to be disclosed by any ,federal1 ,state1 or local statute1 rule1 regulation1 or charter applicable to the public official2 or 7,c7 the knowing failure of a public official to disclose material information in a manner that is required by any ,federal1 ,state1 or local statute1 rule1 regulation1 or charter applicable to the public official4 7#f7 ,scheme or artifice to defraud ,the term scheme or artifice to defraud includes-- 7,a7 a scheme or artifice to deprive another of the intangible right of honest services2 and 7,b7 a scheme or artifice by a public official to engage in undisclosed self-dealing4 4 7b7 ,applicability ,the amendments made by this section shall apply to any act on or after the date of the enactment of this ,act4 ,d ,requiring financial disclosures before taking office #aca4 ,prohibition on taking office until financial disclosures are filed ,section #ajd of the ,ethics in ,government ,act of #aigh 7#e ,u4,s4,c4 ,app47 is amended by adding at the end the following3 7e7 ,a ,member of ,congress may not assume office for the term after the date on which the ,member of ,congress is elected unless the ,member of ,congress files or reports all the information that the ,member of ,congress is required to report under section #ajb4 4 ,e ,strengthening ,inauguration ,fund ,rules #ada4 ,strengthening ,inauguration ,fund rules 7a7 ,requirements for inaugural committees ,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 ,inaugural committees 7a7 ,prohibited donations 7#a7 ,in general ,it shall be unlawful-- 7,a7 for an ,inaugural ,committee-- 7i7 to solicit1 accept1 or receive a donation from a person that-- 7,i7 is not an individual2 7,,ii7 is a registered lobbyist2 or 7,,iii7 is a ,federal contractor2 or 7ii7 to solicit1 accept1 or receive a donation from a foreign national2 7,b7 for a person-- 7i7 to make a donation to an ,inaugural ,committee in the name of another person1 or to knowingly authorize his or her name to be used to effect such a donation2 7ii7 to knowingly accept a donation to an ,inaugural ,committee made by a person in the name of another person2 or 7iii7 to convert a donation to an ,inaugural ,committee to personal use as described in paragraph 7#b72 7,c7 for a foreign national to1 directly or indirectly1 make a donation1 or make an express or implied promise to make a donation1 to an ,inaugural ,committee2 7,d7 for a registered lobbyist to1 directly or indirectly1 make a donation1 or make an express or implied promise to make a donation1 to an ,inaugural ,committee2 and 7,e7 for a ,federal contractor to1 directly or indirectly1 make a donation1 or make an express or implied promise to make a donation1 to an ,inaugural ,committee4 7#b7 ,conversion of donation to personal use ,for purposes of paragraph 7#a77;,b77iii71 a donation shall be considered to be converted to personal use if any part of the donated amount is used to fulfill a commitment1 obligation1 or expense of a person that would exist irrespective of the responsibilities of the ,inaugural ,committee under chapter #e of title #cf1 ,united ,states ,code4 7#c7 ,no effect on disbursement of unused funds to nonprofit organizations ,nothing in this subsection may be construed to prohibit an ,inaugural ,committee from disbursing unused funds to an organization which is described in section #eja7;c77#c7 of the ,internal ,revenue ,code of #aihf and is exempt from taxation under section #eja7;a7 of such ,code4 7b7 ,limitation on donations 7#a7 ,in general ,it shall be unlawful for an individual to make donations to an ,inaugural ,committee which1 in the aggregate1 exceed #aj1jjj4 7#b7 ,indexing ,at the beginning of each ,presidential election year 7beginning with #bjbd71 the amount described in paragraph 7#a7 shall be increased by the cumulative percent difference determined in section #cae7;c77#a77;,a7 since the previous ,presidential election year4 ,if any amount after such increase is not a multiple of #a1jjj1 such amount shall be rounded to the nearest multiple of #a1jjj4 7c7 ,disclosure of certain donations and disbursements 7#a7 ,donations over #a1jjj 7,a7 ,in general ,an ,inaugural ,committee shall file with the ,commission a report disclosing any donation by an individual to the committee in an amount of #a1jjj or more not later than #bd hours after the receipt of such donation4 7,b7 ,contents of report ,a report filed under subparagraph 7,a7 shall contain-- 7i7 the amount of the donation2 7ii7 the date the donation is received2 and 7iii7 the name and address of the individual making the donation4 7#b7 ,final report ,not later than the date that is #ij days after the date of the ,presidential inaugural ceremony1 the ,inaugural ,committee shall file with the ,commission a report containing the following information3 7,a7 ,for each donation of money or anything of value made to the committee in an aggregate amount equal to or greater than #bjj-- 7i7 the amount of the donation2 7ii7 the date the donation is received2 and 7iii7 the name and address of the individual making the donation4 7,b7 ,the total amount of all disbursements1 and all disbursements in the following categories3 7i7 ,disbursements made to meet committee operating expenses4 7ii7 ,repayment of all loans4 7iii7 ,donation refunds and other offsets to donations4 7iv7 ,any other disbursements4 7,c7 ,the name and address of each person-- 7i7 to whom a disbursement in an aggregate amount or value in excess of #bjj is made by the committee to meet a committee operating expense1 together with date1 amount1 and purpose of such operating expense2 7ii7 who receives a loan repayment from the committee1 together with the date and amount of such loan repayment2 7iii7 who receives a donation refund or other offset to donations from the committee1 together with the date and amount of such disbursement2 and 7iv7 to whom any other disbursement in an aggregate amount or value in excess of #bjj is made by the committee1 together with the date and amount of such disbursement4 7d7 ,definitions ,for purposes of this section3 7#a7 7,a7 ,the term donation includes-- 7i7 any gift1 subscription1 loan1 advance1 or deposit of money or anything of value made by any person to the committee2 or 7ii7 the payment by any person of compensation for the personal services of another person which are rendered to the committee without charge for any purpose4 7,b7 ,the term donation does not include the value of services provided without compensation by any individual who volunteers on behalf of the committee4 7#b7 ,the term foreign national has the meaning given that term by section #cai7;b74 7#c7 ,the term ,inaugural ,committee has the meaning given that term by section #eja of title #cf1 ,united ,states ,code4 7#d7 ,the term registered 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 required to register under section #d7;a7 of that ,act 7#b ,u4,s4,c4 #afjc7;a77 4 7b7 ,confirming amendment related to reporting requirements ,section #cjd of the ,federal ,election ,campaign ,act of #aiga 7#eb ,u4,s4,c4 #cjajd7 is amended-- 7#a7 by striking subsection 7h72 and 7#b7 by redesignating subsection 7i7 as subsection 7h74 7c7 ,conforming amendment related to status of committee ,section #eaj of title #cf1 ,united ,states ,code1 is amended to read as follows3 #eaj4 ,disclosure of and prohibition on certain donations ,a committee shall not be considered to be the ,inaugural ,committee for purposes of this chapter unless the committee agrees to1 and meets1 the requirements of section #cbe of the ,federal ,election ,campaign ,act of #aiga4 4 7d7 ,effective date ,the amendments made by this subtitle shall apply with respect to ,inaugural ,committees established under chapter #e of title #cf1 ,united ,states ,code1 for inaugurations held in #bjba and any succeeding year4 ,f ,political intelligence transparency #aea4 ,disclosure of political intelligence activities under lobbying disclosure act 7a7 ,definitions ,section #c of the ,lobbying ,disclosure ,act of #aiie 7#b ,u4,s4,c4 #afjb7 is amended-- 7#a7 in paragraph 7#b7-- 7,a7 by inserting after lobbying activities each place that term appears the following3 or political intelligence activities2 and 7,b7 by inserting after lobbyists the following3 or political intelligence consultants2 7#b7 by redesignating paragraph 7#af7 as paragraph 7#be72 7#c7 by redesignating paragraph 7#ae7 as paragraph 7#bb72 7#d7 by redesignating paragraphs 7#d7 through 7#ad7 as paragraphs 7#g7 through 7#ag71 respectively2 7#e7 by redesignating paragraph 7#c7 as paragraph 7#e72 7#f7 by inserting after paragraph 7#b7 the following3 7#c7 ,commodity ,the term commodity has the meaning given such term in section #a;a7#i7 of the ,commodity ,exchange ,act 7#g ,u4,s4,c4 #a;a7#i774 2 7#g7 by inserting after paragraph 7#ag71 as so redesignated1 the following3 7#ah7 ,political intelligence activities ,the term political intelligence activities means political intelligence contacts and efforts in support of such contacts1 including preparation and planning activities1 research1 and other background work that is intended1 at the time it is performed1 for use in contacts1 and coordination with such contacts and efforts of others4 7#ai7 ,political intelligence consultant ,the term political intelligence consultant means any individual who is employed or retained by a client for financial or other compensation for services that include one or more political intelligence contacts1 including an individual who provides brokerage and research services under section #bh7;e7 of the ,securities ,exchange ,act of #aicd 7#ae ,u4,s4,c4 #gh;bb7e774 7#bj7 ,political intelligence contact 7,a7 ,definition ,the term political intelligence contact means any oral or written communication 7including an electronic communication7-- 7i7 to a covered executive branch official or a covered legislative branch official2 7ii7 the information derived from which is for use in-- 7,i7 analyzing the markets for securities1 commodities for future delivery1 swaps1 or security-based swaps2 or 7,,ii7 informing investment decisions in any such market2 and 7iii7 which is made on behalf of a client with regard to-- 7,i7 the formulation1 modification1 or adoption of ,federal legislation 7including legislative proposals72 7,,ii7 the formulation1 modification1 or adoption of a ,federal rule1 regulation1 ,executive order1 or any other program1 policy1 or position of the ,united ,states ,government2 7,,iii7 the administration or execution of a ,federal program or policy 7including the negotiation1 award1 or administration of a ,federal contract1 grant1 loan1 permit1 or license72 or 7,,iv7 the nomination or confirmation of a person for a position subject to confirmation by the ,senate4 7,b7 ,exception ,the term political intelligence contact does not include a communication that is-- 7i7 made by a representative of a media organization if the purpose of the communication is gathering and disseminating news and information to the public2 7ii7 made in a speech1 article1 publication or other material that is distributed and made available to the public1 or through radio1 television1 cable television1 or other medium of mass communication2 7iii7 made on behalf of a government of a foreign country or a foreign political party and disclosed under the ,foreign ,agents ,registration ,act of #aich1 as amended 7#bb ,u4,s4,c4 #faa et seq472 7iv7 a request for a meeting1 a request for the status of an action1 or any other similar administrative request1 if the request does not include an attempt to influence a covered executive branch official or a covered legislative branch official2 7v7 made in the course of participation in an advisory committee subject to the ,federal ,advisory ,committee ,act 7#e ,u4,s4,c4 ,app472 7vi7 testimony given before a committee1 subcommittee1 or task force of either ,house of ,congress or the ,congress1 or submitted for inclusion in the public record of a hearing conducted by such committee1 subcommittee1 or task force2 7vii7 information provided in writing in response to an oral or written request by a covered executive branch official or a covered legislative branch official for specific information2 7viii7 required by subpoena1 civil investigative demand1 or otherwise compelled by statute1 regulation1 or other action of the ,congress or an agency1 including any communication compelled by a ,federal contract1 grant1 loan1 permit1 or license2 7ix7 made 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 communications2 7x7 not possible to report without disclosing information1 the unauthorized disclosure of which is prohibited by law2 7xi7 made to an official in an agency with regard to-- 7,i7 a judicial proceeding or a criminal or civil law enforcement inquiry1 investigation1 or proceeding2 or 7,,ii7 a filing or proceeding that the ,government is specifically required by statute or regulation to maintain or conduct on a confidential basis1 if that agency is charged with responsibility for such proceeding1 inquiry1 investigation1 or filing2 7xii7 made in compliance with written agency procedures regarding an adjudication conducted by the agency under section #eed of title #e1 ,united ,states ,code1 or substantially similar provisions2 7xiii7 a written comment filed in the course of a public proceeding or any other communication that is made on the record in a public proceeding2 7xiv7 a petition for agency action made in writing and required to be a matter of public record pursuant to established agency procedures2 7xv7 made on behalf of an individual with regard to that individual's benefits1 employment1 or other personal matters involving only that individual1 except that this clause does not apply to any communication with a covered legislative branch official 7other than the individual's elected ,members of ,congress or employees who work under such ,members' direct supervision71 with respect to the formulation1 modification1 or adoption of private legislation for the relief of that individual2 7xvi7 a disclosure by an individual that is protected under paragraphs 7#h7 and 7#i7 of section #bcjb of title #e1 ,united ,states ,code 7or another comparable ,federal statute71 under the ,inspector ,general ,act of #aigh 7#e ,u4,s4,c4 ,app471 or under another provision of law2 7xvii7 made by-- 7,i7 a church1 its integrated auxiliary1 or a convention or association of churches that is exempt from filing a ,federal income tax return under paragraph 7#b77;,a77i7 of section #fjcc7;a7 of the ,internal ,revenue ,code of #aihf2 or 7,,ii7 a religious order that is exempt from filing a ,federal income tax return under paragraph 7#b77;,a77iii7 of such section #fjcc7;a72 or 7xviii7 7,i7 between-- 7aa7 officials of a self-regulatory organization 7as defined in section #c7;a77#bf7 of the ,securities ,exchange ,act of #aicd 7#ae ,u4,s4,c4 #gh;c7a77#bf777 that is registered with or established by the ,securities and ,exchange ,commission as required by that ,act or a similar organization that is designated by or registered with the ,commodities ,future ,trading ,commission as provided under the ,commodity ,exchange ,act 7#g ,u4,s4,c4 #a et seq472 and 7bb7 the ,securities and ,exchange ,commission or the ,commodities ,future ,trading ,commission1 respectively2 and 7,,ii7 relating to the regulatory responsibilities of such organization under that ,act4 7#ba7 ,political intelligence firm ,the term political intelligence firm means a person or entity that has one or more employees who are political intelligence consultants to a client other than that person or entity4 2 7#h7 by inserting after paragraph 7#bb71 as so redesignated1 the following3 7#bc7 ,security ,the term security has the meaning given such term in section #c7;a77#aj7 of the ,securities ,exchange ,act of #aicd 7#ae ,u4,s4,c4 #gh;c7a77#aj774 7#bd7 ,security-based swap ,the term security-based swap has the meaning given such term in section #c7;a77#fh7 of the ,securities ,exchange ,act of #aicd 7#ae ,u4,s4,c4 #gh;c7a77#fh774 2 and 7#i7 by adding at the end the following3 7#bf7 ,swap ,the term swap has the meaning given such term in section #a;a7#dg7 of the ,commodity ,exchange ,act 7#g ,u4,s4,c4 #a;a7#dg774 4 7b7 ,registration requirement ,section #d of the ,lobbying ,disclosure ,act of #aiie 7#b ,u4,s4,c4 #afjc7 is amended-- 7#a7 in the section heading1 by inserting and political intelligence consultants after lobbyists2 7#b7 in subsection 7a7-- 7,a7 by amending paragraph 7#a7 to read as follows3 7#a7 ,general rule ,a lobbyist or a political intelligence consultant 7or1 as provided under paragraph 7#b71 the organization employing such lobbyist or consultant71 shall register with the ,director of the ,office of ,public ,integrity-- 7,a7 no later than #cj days after-- 7i7 is first employed or retained to engage in lobbying activities on behalf of a client or first engages in lobbying activities1 whichever is earlier2 or 7ii7 the political intelligence consultant first makes a political intelligence contact or is employed or retained to make a political intelligence contact1 whichever is earlier2 or 7,b7 on the first business day after such #cjth day if the #cjth day is not a business day4 2 7,b7 in paragraph 7#b71 by inserting after lobbyists each place that term appears the following3 or political intelligence consultants2 and 7,c7 in paragraph 7#c77;,a7-- 7i7 in clause 7i7-- 7,i7 by inserting after lobbying activities the following3 and political intelligence activities2 and 7,,ii7 by inserting after lobbying firm the following3 or political intelligence firm2 and 7ii7 in clause 7ii7-- 7,i7 by inserting after lobbying activities the first place it appears the following3 and political intelligence activities2 and 7,,ii7 by inserting after lobbying activities the second place it appears the following3 or political intelligence activities2 7#c7 in subsection 7b7-- 7,a7 in paragraph 7#c71 by inserting after lobbying activities each place that term appears the following3 or political intelligence activities2 7,b7 in paragraph 7#e71 by inserting after lobbying activities each place that term appears the following3 or political intelligence activities2 7,c7 in the matter following paragraph 7#f71 by inserting or political intelligence activities after such lobbying activities2 7,d7 in paragraph 7#g71 by inserting or political intelligence consultant after lobbyist2 7,e7 in the matter following paragraph 7#g71 by adding ,any threshold dollar amount or percentage described in this subsection relates to the sum of the income1 contributions1 or percent equitable ownership related to lobbying activities and the income1 contributions1 or percent equitable ownership related to political intelligence activities4 at the end2 and 7#d7 in subsection 7d71 by inserting after lobbying activities each place that term appears the following3 or political intelligence activities4 7c7 ,reports by registered political intelligence consultants ,section #e of the ,lobbying ,disclosure ,act of #aiie 7#b ,u4,s4,c4 #afjd7 is amended-- 7#a7 in the section heading1 by inserting and political intelligence consultants after lobbyists2 7#b7 in subsection 7a71 by inserting after lobbying activities the following3 and political intelligence activities2 7#c7 in subsection 7b7-- 7,a7 in paragraph 7#b7-- 7i7 in the matter preceding subparagraph 7,a71 by inserting after lobbying activities the following3 or political intelligence activities2 7ii7 in subparagraph 7,a7-- 7,i7 by inserting after lobbyist the following3 or political intelligence consultant2 and 7,,ii7 by inserting after lobbying activities the following3 or political intelligence activities2 7iii7 in subparagraph 7,b71 by inserting after lobbyists the following3 or political intelligence consultants2 and 7iv7 in subparagraph 7,c71 by inserting after lobbyists the following3 or political intelligence consultants2 7,b7 in paragraph 7#c7-- 7i7 by inserting after lobbying firm the following3 or political intelligence firm2 and 7ii7 by inserting after lobbying activities each place that term appears the following3 or political intelligence activities2 7,c7 in paragraph 7#d71 by inserting after lobbying activities each place that term appears the following3 or political intelligence activities2 and 7,d7 in paragraph 7#f71 by inserting or political intelligence consultant after lobbyist2 and 7#d7 in subsection 7d77#a71 in the matter preceding subparagraph 7,a71 by inserting or a political intelligence consultant after a lobbyist4 7d7 ,disclosure and enforcement ,section #f7;a7 of the ,lobbying ,disclosure ,act of #aiie 7#b ,u4,s4,c4 #afje7;a77 is amended-- 7#a7 in paragraph 7#c77;,a71 by inserting after lobbying firms1 the following3 political intelligence consultants1 political intelligence firms12 7#b7 in paragraph 7#g71 by striking or lobbying firm and inserting lobbying firm1 political intelligence consultant1 or political intelligence firm2 and 7#c7 in paragraph 7#h71 by striking or lobbying firm and inserting lobbying firm1 political intelligence consultant1 or political intelligence firm4 7e7 ,rules of construction ,section #h7;b7 of the ,lobbying ,disclosure ,act of #aiie 7#b ,u4,s4,c4 #afjg7;b77 is amended by striking or lobbying contacts and inserting lobbying contacts1 political intelligence activities1 or political intelligence contacts4 7f7 ,identification of clients and covered officials ,section #ad of the ,lobbying ,disclosure ,act of #aiie 7#b ,u4,s4,c4 #afji7 is amended-- 7#a7 in subsection 7a7-- 7,a7 in the heading1 by inserting or ,political ,intelligence after ,lobbying2 7,b7 by inserting or political intelligence contact after lobbying contact each place that term appears2 and 7,c7 in paragraph 7#b71 by inserting or political intelligence activity1 as the case may be after lobbying activity2 7#b7 in subsection 7b7-- 7,a7 in the heading1 by inserting or ,political ,intelligence after ,lobbying2 7,b7 by inserting or political intelligence contact after lobbying contact each place that term appears2 and 7,c7 in paragraph 7#b71 by inserting or political intelligence activity1 as the case may be after lobbying activity2 and 7#c7 in subsection 7c71 by inserting or political intelligence contact after lobbying contact4 7g7 ,gifts ,section #be of the ,lobbying ,disclosure ,act of #aiie 7#b ,u4,s4,c4 #afac7 is amended-- 7#a7 in the section heading1 by inserting and political intelligence consultants after lobbyists2 and 7#b7 in subsection 7b7-- 7,a7 by inserting or political intelligence consultant after any lobbyist2 7,b7 by inserting or political intelligence consultants after #a or more lobbyists2 and 7,c7 by inserting or political intelligence consultant after listed as a lobbyist4 7h7 ,annual audits and reports by comptroller general ,section #bf of the ,lobbying ,disclosure ,act of #aiie 7#b ,u4,s4,c4 #afad7 is amended-- 7#a7 in subsection 7a7-- 7,a7 by inserting political intelligence firms1 political intelligence consultants1 after lobbying firms2 and 7,b7 by striking lobbying registrations and inserting registrations2 7#b7 in subsection 7b77#a77;,a71 by inserting political intelligence firms1 political intelligence consultants1 after lobbying firms2 and 7#c7 in subsection 7c71 by inserting or political intelligence consultant after a lobbyist4 #aeb4 ,effective date ,the amendments made by this subtitle shall apply with respect to any political intelligence contact 7as defined in section #c of the ,lobbying ,disclosure ,act of #aiie 7#b ,u4,s4,c4 #afjb71 as amended by this subtitle7 that is made on or after the date that is #a year after the date of the enactment of this ,act4 ,,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 #d7;d7 7#b ,u4,s4,c4 #afjc7;d771 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 inserting after paragraph 7#c71 as added by section #aea7;a7 of this ,act1 the following3 7#d7 ,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#b7 by inserting after paragraph 7#e71 as so redesignated by section #aea7;a7 of this ,act1 the following3 7#f7 ,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#c7 in paragraph 7#aa71 as so redesignated by section #aea7;a7 of this ,act1 by inserting provision of strategic advice1 and after planning activities12 7#d7 in paragraph 7#aj77;,b71 as so redesignated by section #aea7;a7 of this ,act-- 7,a7 by striking clause 7v72 and 7,b7 by redesignating clauses 7vi7 through 7xix7 as clauses 7v7 through 7xviii71 respectively2 and 7#e7 by striking paragraph 7#ac71 as so redesignated by section #aea7;a7 of this ,act1 and inserting the following3 7#ac7 ,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 7a77#c7-- 7,a7 in subparagraph 7,a7-- 7i7 by redesignating clauses 7i7 and 7ii7 as subclauses 7,i7 and 7,,ii71 respectively1 and adjusting the margins accordingly2 7ii7 in the matter preceding subclause 7,i71 as so redesignated1 by striking entity whose-- and inserting the following3 8entity-- 7i7 of which the-- 2 7iii7 in clause 7i71 as so designated-- 7,i7 in subclause 7,i71 as so redesignated1 by inserting 1 as estimated under section #e after #b1ejj2 and 7,,ii7 in subclause 7,,ii71 as so redesignated1 by inserting as estimated under section #e2 or after #aj1jjj12 7iv7 by inserting after clause 7i77,,ii71 as so designated1 the following3 7ii7 that engages in lobbying activities for less than #h hours1 2 and 7v7 in the flush text following clause 7ii7-- 7,i7 by striking 7as estimated under section #e72 and 7,,ii7 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 7,b7 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 or political intelligence 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 activities or political intelligence 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 or political intelligence 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 contact or a political intelligence 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 contact or a political intelligence 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 contact or a political intelligence 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 or a political intelligence contact but engaged in lobbying activities or political intelligence activitites1 respectively1 in support of the lobbying contact or political intelligence contact1 respectively1 and a description of any such lobbying activity or a political intelligence activity2 and 7,d7 with respect to any person or entity retained by the registrant to engage in lobbying activities or political intelligence 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 or political intelligence 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 or political intelligence 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 or political intelligence 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 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 #bjg4 ,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 #bjh4 ,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 #bji4 ,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 #baj4 ,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 #baa4 ,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 rule making 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 rule making 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 rule making 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 7c7 ,rule of construction ,nothing in this section shall be construed-- 7#a7 as an endorsement by ,congress of-- 7,a7 the institution of centralized regulatory review2 or 7,b7 the procedural steps or requirements of an ,executive order affecting administrative procedure2 or 7#b7 as a requirement that the ,president-- 7,a7 conduct centralized regulatory review2 or 7,b7 adopt1 administer1 or implement an ,executive order affecting administrative procedure4 #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 why 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 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 process2 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#bj ,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 #adhe7r77#c77 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 7ii7 by striking ,establishment and all that follows through ,the ,secretary of ,health and ,human ,services 7in this section referred to as the ,secretary7 shall establish1 through a negotiated rulemaking process under subchapter #c of chapter #e of title #e1 ,united ,states ,code1 and inserting ,establishment4--,the ,secretary of ,health and ,human ,services 7in this section referred to as the ,secretary7 shall establish2 7iii7 by redesignating subparagraphs 7,a7 and 7,b7 as paragraphs 7#a7 and 7#b71 respectively1 and adjusting the margins accordingly2 and 7iv7 in paragraph 7#a71 as so redesignated1 by adding and at the end2 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 ,section #ai of the ,price-,anderson ,amendments ,act of #aihh 7#db ,u4,s4,c4 #bbaj note7 is amended-- 7,a7 by striking subsection 7b72 and 7,b7 in subsection 7a7-- 7i7 by striking ,rulemaking and all that follows through ,the ,nuclear and inserting ,rulemaking ,proceeding4--,the ,nuclear2 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 ,establishment and all that follows through ,the ,secretary and inserting ,establishment4--,the ,secretary2 7,,ii7 by striking and using a negotiated rulemaking process under subchapter ,,iii of chapter #e of title #e1 ,united ,states ,code2 and 7,,iii7 by redesignating subparagraphs 7,b7 and 7,c7 as paragraphs 7#b7 and 7#c71 respectively1 and adjusting the margins accordingly2 and 7iii7 in paragraph 7#b71 as so redesignated-- 7,i7 by striking subparagraph 7,a7 and inserting paragraph 7#a72 and 7,,ii7 by redesignating clauses 7i71 7ii71 and 7iii7 as subparagraphs 7,a71 7,b71 and 7,c71 respectively1 and adjusting the margins accordingly4 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-- 7,a7 by striking paragraph 7#f72 and 7,b7 by redesignating paragraph 7#g7 as 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 7d7 ,rule of construction ,nothing in this section shall be construed-- 7#a7 as an endorsement by ,congress of-- 7,a7 the institution of centralized regulatory review2 or 7,b7 the procedural steps or requirements of an ,executive order affecting administrative procedure2 or 7#b7 as a requirement that the ,president-- 7,a7 conduct centralized regulatory review2 or 7,b7 adopt1 administer1 or implement an ,executive order affecting administrative procedure4 #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 or to the ,united ,states ,district ,court for the ,district of ,columbia 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 7#a7 ,in this subsection1 the term covered person means-- 7,a7 any person who is or is required to be registered as a corporate lobbyist1 as defined in section #c of the ,lobbying ,disclosure ,act of #aiie 7#b ,u4,s4,c4 #afjb72 7,b7 any for-profit corporation2 7,c7 any entity described in section #eja7;c77#f7 of the ,internal ,revenue ,code of #aihf of which #a or more members are for-profit corporations2 and 7,d7 any person working on behalf of a for-profit corporation1 including any person compensated by or otherwise financially supported by a corporation1 for the purpose of submitting a statement or entry with respect to a rulemaking under this section4 7#b7 ,any covered 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 rule making 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 ,board means the ,board of the ,federal ,judicial ,center established in section #fba2 7#b7 the term ,fund means the ,judicial ,education ,fund established under subsection 7b72 7#c7 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#d7 the term national bar association means a national organization that is open to general membership to all members of the bar2 7#e7 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#f7 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 ,board4 ,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 7including any amicus briefs submitted by the sponsor7 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 ,sense of ,congress ,it is the sense of ,congress that in order for justices and judges1 both of the supreme and inferior courts1 to hold their offices during good behaviour under section #a of article ,,iii of the ,constitution of the ,united ,states1 the judges and justices shall1 among other requirements1 adhere to the ,code of ,conduct for ,united ,states ,judges adopted by the ,judicial ,conference of the ,united ,states described in this section4 7b7 ,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 7c7 ,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 material1 nonfrivolous complaints and any accompanying material are immediately referred to the ,supreme ,court ,review ,committee established in section #dae2 and 7#c7 further action1 where appropriate1 is taken by the ,conference1 with respect to such complaints4 7d7 ,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 #a year 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 ,not later than #ij days after a report is filed under this title by an individual described in section #aji7aj71 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 format that is searchable1 sortable1 machine-readable1 downloadable1 and accessible in multiple languages and to individuals with disabilities4 4 7b7 ,recusal decisions ,section #dee of title #bh1 ,united ,states ,code1 is amended by adding at the end the following3 7g7 ,recusal lists 7#a7 ,each justice1 judge1 and magistrate judge of the ,united ,states shall maintain and submit to the ,judicial ,conference a list of each association or interest that would require the justice1 judge1 or magistrate to be recused under subsection 7b77#d74 7#b7 ,the ,judicial ,conference shall maintain and make publicly available online1 at no cost1 each list required under this subsection that is filed with the ,judicial ,conference in a format that is searchable1 sortable1 machine-readable1 downloadable1 and accessible format1 and accessible in multiple languages and to individuals with disabilities4 7#c7 ,the ,judicial ,conference may issue public or private guidance to justices1 judges1 and magistrate judges of the ,united ,states regarding the contents of the lists under this subsection to ensure such lists comply with the disqualification requirements of 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 judge1 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 format that is searchable1 sortable1 machine-readable1 downloadable1 and accessible in multiple languages and to individuals with disabilities4 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 or threaten the safety 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 downloadable1 and accessible in multiple languages and to individuals with disabilities4 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 7g7 ,accessibility ,the ,judicial ,conference shall make efforts to ensure that the any disclosures required under this section are made available to the public in plain language1 in a variety of languages1 and accessible to individuals with disabilities4 #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 religion1 disability status1 sexual orientation1 gender identity1 national origin1 and professional experience 7including any law firms where the judges previously practiced law7 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 ,electronic court records reform 7a7 ,definitions ,in this section3 7#a7 ,administrator ,the term ,administrator means the ,administrator of ,general ,services4 7#b7 ,director ,the term ,director means the ,director of the ,administrative ,office of the ,united ,states ,courts4 7#c7 ,machine-readable ,the term machine-readable means a format in which information or data can be easily processed by a computer without human intervention while ensuring no semantic meaning is lost4 7b7 ,consolidation of the ,case ,management_/,electronic ,case ,files system 7#a7 ,in general ,not later than #b years after the date of the enactment of this ,act1 the ,director1 in coordination with the ,administrator1 shall-- 7,a7 consolidate the ,case ,management_/,electronic ,case ,files system2 and 7,b7 develop #a system for all filings with courts of the ,united ,states1 which shall be administered by the ,administrative ,office of the ,united ,states ,courts4 7#b7 ,use of technology ,in developing the system under paragraph 7#a71 the ,director shall use modern technology-- 7,a7 to improve security1 data accessibility1 affordability1 and performance2 and 7,b7 to minimize the burden on pro se litigants4 7#c7 ,availability to ,states 7,a7 ,in general ,a ,state may choose to participate in the system developed under this subsection4 7,b7 ,fee ,the ,director shall charge a fee to a ,state that chooses to participate in the system developed under this subsection at a level sufficient to recover the cost of providing the services associated with the administration and maintenance of the system to the ,state4 7c7 ,public ,access to ,court ,electronic ,records system requirements 7#a7 ,in general ,not later than #b years after the date of the enactment of this ,act1 the ,director1 in coordination with the ,administrator1 shall update the ,public ,access to ,court ,electronic ,records system1 which shall be subject to the following requirements3 7,a7 ,a document filed with a court shall be made publicly accessible upon filing1 except as ordered by a court or by rule of the ,judicial ,conference of the ,united ,states4 7,b7 ,all documents on the system shall be available to the public and to parties before the court free of charge4 7,c7 ,any information that is prohibited from public disclosure by law or court order shall be redacted4 7,d7 ,all documents shall be text-searchable and machine-readable4 7,e7 ,to the extent practicable1 external websites shall be able to link to documents on the system4 7,f7 ,the system shall include any available digital audio and visual files of court recordings4 7,g7 ,the system shall provide search functions for public use4 7#b7 ,minimizing the burden on pro se litigants ,in developing the system to comply with the requirements under paragraph 7#a71 the ,director shall1 to the extent practicable1 not impose a disproportionate impact on pro se litigants4 7#c7 ,use of technology ,in developing the system under paragraph 7#a71 the ,director shall use modern technology-- 7,a7 to improve security1 data accessibility 7including accessibility to individuals with disabilities71 affordability1 and performance2 and 7,b7 to minimize the burden on pro se litigants4 7#d7 ,authority ,to exempt certain documents ,the ,director may identify categories of-- 7,a7 documents that are not made publicly accessible under paragraph 7#a77;,a72 and 7,b7 court proceedings1 the recordings of which are not made available under paragraph 7#a77;,f74 7#e7 ,filing fees ,the ,judiciary ,appropriations ,act1 #aiib 7title ,,iii of ,public ,law #ajb-adj2 #aje ,stat4 #hjg7 is amended by striking section #cjc 7#bh ,u4,s4,c4 #aiac note7 and inserting the following3 #cjc4 7a7 7#a7 ,to cover the costs of maintaining the ,public ,access to ,court ,electronic ,records system in accordance with section #djh7;c7 of the ,anti-,corruption and ,public ,integrity ,act1 the ,judicial ,conference-- 7,a7 shall collect an annual fee from the ,department of ,justice equal to the ,public ,access to ,court ,electronic ,records access fees paid by the ,department of ,justice in #bjah1 as adjusted for inflation2 and 7,b7 may1 only to the extent necessary1 prescribe reasonable filing fees1 pursuant to sections #aiac1 #aiad1 #aibf1 #aicj1 and #aicb of title #bh1 ,united ,states ,code1 for collection by the courts under those sections4 7#b7 ,the filing fees shall be commensurate with the burden imposed on the court by the party4 ,the filing fees shall impose a lesser fee on filers who are filing on behalf of individuals4 ,pro se litigants and litigants who certify their financial hardship shall not be subject to the filing fees4 ,the ,director of the ,administrative ,office of the ,united ,states ,courts1 under the direction of the ,judicial ,conference of the ,united ,states1 shall prescribe a schedule of reasonable filing fees to cover the costs described in this subsection that the ,director shall maintain and make available to the public4 7b7 ,the ,judicial ,conference and the ,director shall transmit each schedule of fees prescribed under subsection 7a7 to ,congress at least #cj days before the schedule becomes effective4 ,all fees collected under subsection 7a7 shall be deposited as offsetting collections to the ,judiciary ,information ,technology ,fund pursuant to section #fab7;c77#a77;,a7 of title #bh1 ,united ,states ,code1 to reimburse expenses incurred in providing services in accordance with section #djh7;c7 of the ,anti-,corruption and ,public ,integrity ,act4 4 7#f7 ,rule of construction ,nothing in this section1 or the amendments made by this section1 shall be construed to-- 7,a7 affect the filing fees or other filing procedures for prisoners2 or 7,b7 abrogate1 limit1 or modify the requirements described in section #aiae of title #bh1 ,united ,states ,code4 #dji4 ,forced arbitration injustice repeal 7a7 ,purposes ,the purposes of this section are to-- 7#a7 prohibit predispute arbitration agreements that force arbitration of future employment1 consumer1 antitrust1 or civil rights disputes2 and 7#b7 prohibit agreements and practices that interfere with the right of individuals1 workers1 and small businesses to participate in a joint1 class1 or collective action related to an employment1 consumer1 antitrust1 or civil rights dispute4 7b7 ,arbitration of employment1 consumer1 antitrust1 and civil rights disputes 7#a7 ,in general ,title #i of the ,united ,states ,code is amended by adding at the end the following3 #d ,arbitration of ,employment1 ,consumer1 ,antitrust1 and ,civil ,rights ,disputes ,sec4 #dja4 ,definitions4 #djb4 ,no validity or enforceability4 #dja4 ,definitions ,in this chapter-- 7#a7 the term antitrust dispute means a dispute-- 7,a7 arising from an alleged violation of the antitrust laws 7as defined in subsection 7a7 of the first section of the ,clayton ,act7 or ,state antitrust laws2 and 7,b7 in which the plaintiffs seek certification as a class under rule #bc of the ,federal ,rules of ,civil ,procedure or a comparable rule or provision of ,state law2 7#b7 the term civil rights dispute means a dispute-- 7,a7 arising from an alleged violation of-- 7i7 the ,constitution of the ,united ,states or the constitution of a ,state2 7ii7 any ,federal1 ,state1 or local law that prohibits discrimination on the basis of race1 sex1 age1 gender identity1 sexual orientation1 disability1 religion1 national origin1 or any legally protected status in education1 employment1 credit1 housing1 public accommodations and facilities1 voting1 veterans or servicemembers1 health care1 or a program funded or conducted by the ,federal ,government or ,state government1 including any law referred to or described in section #fb7;e7 of the ,internal ,revenue ,code of #aihf1 including parts of such law not explicitly referenced in such section but that relate to protecting individuals on any such basis2 and 7,b7 in which at least one party alleging a violation described in subparagraph 7,a7 is one or more individuals 7or their authorized representative71 including one or more individuals seeking certification as a class under rule #bc of the ,federal ,rules of ,civil ,procedure or a comparable rule or provision of ,state law2 7#c7 the term consumer dispute means a dispute between-- 7,a7 one or more individuals who seek or acquire real or personal property1 services 7including services related to digital technology71 securities or other investments1 money1 or credit for personal1 family1 or household purposes including an individual or individuals who seek certification as a class under rule #bc of the ,federal ,rules of ,civil ,procedure or a comparable rule or provision of ,state law2 and 7,b7 7i7 the seller or provider of such property1 services1 securities or other investments1 money1 or credit2 or 7ii7 a third party involved in the selling1 providing of1 payment for1 receipt or use of information about1 or other relationship to any such property1 services1 securities or other investments1 money1 or credit2 7#d7 the term employment dispute means a dispute between one or more individuals 7or their authorized representative7 and a person arising out of or related to the work relationship or prospective work relationship between them1 including a dispute regarding the terms of or payment for1 advertising of1 recruiting for1 referring of1 arranging for1 or discipline or discharge in connection with1 such work1 regardless of whether the individual is or would be classified as an employee or an independent contractor with respect to such work1 and including a dispute arising under any law referred to or described in section #fb7;e7 of the ,internal ,revenue ,code of #aihf1 including parts of such law not explicitly referenced in such section but that relate to protecting individuals on any such basis1 and including a dispute in which an individual or individuals seek certification as a class under rule #bc of the ,federal ,rules of ,civil ,procedure or as a collective action under section #af7;b7 of the ,fair ,labor ,standards ,act1 or a comparable rule or provision of ,state law2 7#e7 the term predispute arbitration agreement means an agreement to arbitrate a dispute that has not yet arisen at the time of the making of the agreement2 and 7#f7 the term predispute joint-action waiver means an agreement1 whether or not part of a predispute arbitration agreement1 that would prohibit1 or waive the right of1 one of the parties to the agreement to participate in a joint1 class1 or collective action in a judicial1 arbitral1 administrative1 or other forum1 concerning a dispute that has not yet arisen at the time of the making of the agreement4 #djb4 ,no validity or enforceability 7a7 ,in general ,notwithstanding any other provision of this title1 no predispute arbitration agreement or predispute joint-action waiver shall be valid or enforceable with respect to an employment dispute1 consumer dispute1 antitrust dispute1 or civil rights dispute4 7b7 ,applicability 7#a7 ,in general ,an issue as to whether this chapter applies with respect to a dispute shall be determined under ,federal law4 ,the applicability of this chapter to an agreement to arbitrate and the validity and enforceability of an agreement to which this chapter applies shall be determined by a court1 rather than an arbitrator1 irrespective of whether the party resisting arbitration challenges the arbitration agreement specifically or in conjunction with other terms of the contract containing such agreement1 and irrespective of whether the agreement purports to delegate such determinations to an arbitrator4 7#b7 ,collective bargaining agreements ,nothing in this chapter shall apply to any arbitration provision in a contract between an employer and a labor organization or between labor organizations1 except that no such arbitration provision shall have the effect of waiving the right of a worker to seek judicial enforcement of a right arising under a provision of the ,constitution of the ,united ,states1 a ,state constitution1 or a ,federal or ,state statute1 or public policy arising therefrom4 4 7c7 ,technical and conforming amendments 7#a7 ,in general ,title #i of the ,united ,states ,code is amended-- 7,a7 in section #a by striking of seamen1 and all that follows through interstate commerce and inserting in its place of individuals1 regardless of whether such individuals are designated as employees or independent contractors for other purposes2 7,b7 in section #b by inserting or as otherwise provided in chapter #d before the period at the end2 7,c7 in section #bjh-- 7i7 in the section heading by striking ,chapter #a2 residual application and inserting ,application2 and 7ii7 by adding at the end the following3 ,this chapter applies to the extent that this chapter is not in conflict with chapter #d42 and 7,d7 in section #cjg-- 7i7 in the section heading by striking ,chapter #a2 residual application and inserting ,application2 and 7ii7 by adding at the end the following3 ,this chapter applies to the extent that this chapter is not in conflict with chapter #d44 7#b7 ,table of sections 7,a7 ,chapter #b ,the table of sections of chapter #b of title #i1 ,united ,states ,code1 is amended by striking the item relating to section #bjh and inserting the following3 #bjh4 ,application4 4 7,b7 ,chapter #c ,the table of sections of chapter #c of title #i1 ,united ,states ,code1 is amended by striking the item relating to section #cjg and inserting the following3 #cjg4 ,application4 4 7#c7 ,table of chapters ,the table of chapters of title #i1 ,united ,states ,code1 is amended by adding at the end the following3 #d4;,arbitration of ,employment1 ,consumer1 ,antitrust1 and ,civil ,rights ,disputes#dja 4 7d7 ,effective date ,this ,act1 and the amendments made by this ,act1 shall take effect on the date of enactment of this ,act and shall apply with respect to any dispute or claim that arises or accrues on or after such date4 7e7 ,rule of construction ,nothing in this ,act1 or the amendments made by this ,act1 shall be construed to prohibit the use of arbitration on a voluntary basis after the dispute arises4 #daj4 ,restrictions on protective orders and sealing of cases and settlements 7a7 ,in general ,chapter #aaa of title #bh1 ,united ,states ,code1 is amended by adding at the end the following3 #affj4 ,restrictions on protective orders and sealing of cases and settlements 7a7 ,restrictions on orders relating to the disclosure of information 7#a7 ,in general ,in any civil action in which the pleadings state facts that are relevant to the protection of public health or safety1 a court shall not enter1 by stipulation or otherwise1 an order otherwise authorized under rule #bf7;c7 of the ,federal ,rules of ,civil ,procedure restricting the disclosure of information obtained through discovery1 an order otherwise authorized approving a settlement agreement that would restrict the disclosure of information obtained through discovery1 or an order otherwise authorized restricting access to court records unless in connection with the order the court finds-- 7,a7 that the order would not restrict the disclosure of information which is relevant to the protection of public health or safety2 or 7,b7 that-- 7i7 the public interest in the disclosure of past1 present1 or potential public health or safety hazards is outweighed by a specific and substantial interest in maintaining the confidentiality of the information or records in question2 and 7ii7 the requested order is no broader than necessary to protect the confidentiality interest asserted4 7#b7 ,limit on effect ,no order entered in accordance with paragraph 7#a71 other than an order approving a settlement agreement1 may continue in effect after the entry of final judgment unless at the time of1 or after1 the entry of the order the court makes a separate finding of fact that the requirements of paragraph 7#a7 continue to be met4 7#c7 ,rule of construction ,nothing in paragraph 7#a7 shall be construed to require the disclosure of the identity of individuals who disclose evidence of a violation of any law1 rule1 or regulation or other fraud1 waste1 abuse1 or misconduct or other persons protected from disclosure under ,federal law4 7b7 ,restrictions on enforcement relating to ,federal and ,state agencies ,in any civil action in which the pleadings state facts that are relevant to the protection of public health or safety1 a court shall not enforce any provision of an agreement between or among parties to the civil action1 or enforce an order entered in accordance with subsection 7a77#a71 to the extent that the provision or order prohibits or otherwise restricts a party from disclosing any information relevant to the civil action to any ,federal or ,state agency with authority to enforce laws regulating an activity relating to the information4 7c7 ,limits on scope 7#a7 ,in general ,subject to paragraph 7#b71 a court shall not enforce any provision of a settlement agreement between or among parties to any civil action in which the pleadings state facts that are relevant to the protection of public health or safety that prohibits one or more parties from-- 7,a7 disclosing the fact that the settlement was reached or the terms of the settlement 7excluding any money paid7 that involve matters relevant to the protection of public health or safety2 or 7,b7 discussing matters relevant to the protection of public health or safety involved in the civil action4 7#b7 ,exception ,paragraph 7#a7 applies unless the court finds that-- 7,a7 the public interest in the disclosure of past1 present1 or potential public health or safety hazards is outweighed by a specific and substantial interest in maintaining the confidentiality of the information in question2 and 7,b7 the requested order is no broader than necessary to protect the confidentiality interest asserted4 7d7 ,rebuttable presumption relating to personally identifiable information ,for purposes of implementing subsections 7a77#a77;,b77i7 and 7c77#b77;,a71 when weighing the interest in maintaining confidentiality under this section1 there shall be a rebuttable presumption that the interest in protecting personally identifiable information of an individual outweighs the public interest in disclosure4 7e7 ,rule of construction ,nothing in this section shall be construed to permit1 require1 or authorize the disclosure of classified information 7as defined under section #a of the ,classified ,information ,procedures ,act 7#ah ,u4,s4,c4 ,app4774 4 7b7 ,technical and conforming amendment ,the table of sections for chapter #aaa of title #bh1 ,united ,states ,code1 is amended by adding after the item relating to section #afei the following3 #affj4 ,restrictions on protective orders and sealing of cases and settlements4 4 7c7 ,effective date ,the amendments made by this section shall-- 7#a7 take effect #cj days after the date of enactment of this ,act2 and 7#b7 apply only to orders entered in civil actions or agreements entered into on or after such date4 #daa4 ,secret settlements ban 7a7 ,definitions ,in this section-- 7#a7 the terms antitrust dispute1 civil rights dispute1 consumer dispute1 and employment dispute have the meanings given those terms in section #dja of title #i1 ,united ,states ,code1 as added by section #dji of this ,act2 7#b7 the term covered agreement-- 7,a7 means a contract or settlement agreement between a covered person and any other person relating to an antitrust dispute1 civil rights dispute1 consumer dispute1 discrimination dispute1 or employment dispute2 and 7,b7 does not include a collective bargaining agreement between a covered person and the collective bargaining representative of the employees of the covered person2 7#c7 the term covered person means-- 7,a7 an individual that is an employer2 or 7,b7 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 office1 without regard to whether the entity is a for-profit or nonprofit entity or is an employer2 and 7#d7 the term secret settlement provision means a provision in a covered agreement that has the purpose or effect of concealing the details of a claim relating to the antitrust dispute1 civil rights dispute1 consumer dispute1 or employment dispute to which the covered agreement relates4 7b7 ,ban on secret settlements ,a secret settlement provision-- 7#a7 shall be deemed against public policy2 and 7#b7 shall have no force or effect4 7c7 ,notice ,a covered agreement shall include a bold1 prominently placed notice stating that any secret settlement provision in the covered agreement has no force or effect and is unenforceable against any person4 7d7 ,costs ,in any civil action1 if a covered person seeks to enforce a secret settlement provision1 the court may award costs1 including reasonable attorney's fees1 to the person against whom the covered person seeks to enforce the secret settlement provision4 7e7 ,prohibition on retaliation ,a covered person shall not take or threaten to take any personnel action against a current or former employee of the covered person based on whole or in part on a failure or refusal by the employee to sign or enter into a covered agreement that contains a secret settlement provision4 #dab4 ,oversight process for disqualification of justice1 judge1 or magistrate judge ,section #dee of title #bh1 ,united ,states ,code1 as amended by section #djd of this ,act1 is amended by adding at the end the following3 7h7 7#a7 ,any litigant appearing before a justice1 judge1 or magistrate judge of the ,united ,states may file a petition that the justice1 judge1 or magistrate judge of the ,united ,states1 as applicable1 shall be disqualified based on the criteria described in subsection 7b74 7#b7 7,a7 ,any judge or magistrate judge of the ,united ,states subject to a petition under paragraph 7#a7 may provide a public1 written response to the petition that provides a written explanation relating to any disqualification decision4 7,b7 ,any justice of the ,supreme ,court of the ,united ,states subject to a petition under paragraph 7#a7 shall provide a public1 written response to the petition that provides a written explanation relating to any disqualification decision4 7#c7 ,if a litigant makes a petition under paragraph 7#a7 relating to a justice of the ,supreme ,court of the ,united ,states1 the ,judicial ,conference of the ,united ,states shall issue a nonbinding1 public advisory opinion with its recommendation1 which shall be shared with the ,supreme ,court ,review ,committee established in section #dae of the ,anti-,corruption and ,public ,integrity ,act4 7#d7 ,if the ,judicial ,conference of the ,united ,states recommends that a justice of the ,supreme ,court of the ,united ,states be disqualified under this section1 the justice shall publicly explain a final disqualification decision in writing1 which shall be shared with the ,supreme ,court ,review ,committee established in section #dae of the ,anti-,corruption and ,public ,integrity ,act4 7#e7 7,a7 ,for any judge or magistrate judge of the ,united ,states1 the ,judicial ,conference of the ,united ,states shall-- 7,b7 establish a written process to determine whether a judge meets #a or more of the criteria in subsection 7b72 and 7,c7 use any administrative procedures which may be necessary to aid in the execution of the written process described in subparagraph 7,b71 which may include any procedures or software that may be necessary to determine whether a judge meets #a or more of the criteria in subsection 7b74 7,d7 ,the process described in subparagraph 7,b7 shall be made publicly available and1 at a minimum-- 7i7 include how an individual may make a petition under paragraph 7#a7 for a judge to be disqualified2 7ii7 ensure that a judge or group of judges other than the judge who is the subject of the inquiry determines whether the judge shall be disqualified2 7iii7 allow the judge or group of judges making the disqualification determination to receive the expert advice of ethics personnel and officials1 including individuals with expertise in ethics at the ,judicial ,conference or at the ,office of ,public ,integrity2 7iv7 require that the judge be disqualified should another judge or group of judges determine that the judge must be disqualified in accordance with this subsection2 and 7v7 require that all recusal decisions be made publicly available and be accompanied by a written explanation for the recusal decision4 4 #dac4 ,complaints against retired judges and judicial discipline 7a7 ,complaints ,section #cea7;d7 of title #bh1 ,united ,states ,code1 is amended-- 7#a7 by striking paragraph 7#a7 and inserting the following3 7#a7 the term judge-- 7,a7 means a circuit judge1 district judge1 bankruptcy judge1 or magistrate judge2 and 7,b7 includes a retired judge described in subparagraph 7,a72 2 and 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#d7 the term retired judge means any judge of the ,united ,states who has retired from regular active service under section #cga7;b7 or #cgb7;a74 4 7b7 ,review of complaint by chief judge ,section #ceb of title #bh1 ,united ,states ,code1 is amended by adding at the end the following3 7e7 ,definition ,in this section1 the term intervening events does not include the retirement of the judge whose conduct is complained of or the nomination or confirmation of the judge to the ,supreme ,court of the ,united ,states4 4 #dad4 ,action by judicial council in response to misconduct by judges ,section #ced of title #bh1 ,united ,states ,code1 is amended-- 7#a7 in subsection 7a77#b71 by adding at the end the following3 7,d7 ,retired judges ,if the conduct of a retired judge is the subject of the complaint1 action by the judicial council under paragraph 7#a77;,c7 may include-- 7i7 censuring or reprimanding the judge by means of public announcement2 and 7ii7 reducing or rescinding the nonvested pension benefits of the retired judge4 7,e7 ,remedial actions for certain conduct 7i7 ,definition ,in this subparagraph1 the term covered judge does not include a retired judge4 7ii7 ,conduct ,if the conduct of a covered judge is the subject of the complaint1 action by the judicial council under paragraph 7#a77;,c7 may include mandating that the covered judge participate in professional counseling1 treatment1 education1 or mentoring to address the misconduct at issue4 2 and 7#b7 by adding at the end the following3 7c7 ,report 7#a7 ,submission to ,judicial ,conference of the ,united ,states ,each chief judge of the circuit shall submit to the ,judicial ,conference of the ,united ,states an annual report on1 with respect to the previous year-- 7,a7 the number of complaints filed under section #cea against judges in the circuit2 and 7,b7 the outcome of the complaints described in subparagraph 7,a74 7#b7 ,submission to ,congress ,the ,judicial ,conference of the ,united ,states shall submit to the ,committee on the ,judiciary of the ,senate and the ,committee on the ,judiciary of the ,house of ,representatives each report submitted under paragraph 7#a74 7#c7 ,public availability ,no later than #cj days after submitting to ,congress each report under paragraph 7#a71 the ,judicial ,conference of the ,united ,states shall make the report available to the public4 4 #dae4 ,supreme ,court ,complaints ,review ,committee 7a7 ,definitions ,in this section3 7#a7 ,review ,committee ,the term ,review ,committee means the ,supreme ,court ,complaints ,review ,committee4 7#b7 ,close family member ,the term close family member 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 individual4 7b7 ,establishment ,for the purpose of assisting the ,house of ,representatives in carrying out its responsibilities under section #b of article ,i and section #d of article ,,ii of the ,constitution of the ,united ,states1 there is established in the legislative branch to be known as the ,supreme ,court ,complaints ,review ,committee under the general supervision of the ,committee on the ,judiciary of the ,house of ,representatives4 7c7 ,members 7#a7 ,in general ,the ,review ,committee shall consist of #e members1 of whom-- 7,a7 #b shall be appointed by the ,speaker of the ,house of ,representatives2 7,b7 #b shall be appointed by the minority leader of the ,house of ,representatives2 and 7,c7 #a shall be appointed by agreement of the ,speaker of the ,house of ,representatives and the minority leader of the ,house of ,representatives4 7#b7 ,qualifications of review committee members 7,a7 ,expertise ,each member of the ,review ,committee shall be an individual of exceptional public standing who is specifically qualified to serve on the ,review ,committee by virtue of the individual's education1 training1 or experience in #a or more of the the following fields3 7i7 ,constitutional law4 7ii7 ,impeachment4 7iii7 ,judicial ethics4 7iv7 ,professional ethics4 7v7 ,legal history4 7vi7 ,judicial service4 7,b7 ,selection basis ,selection and appointment of each member of the ,review ,committee shall be without regard to political affiliation and solely on the basis of fitness to perform the duties of a member of the ,review ,committee4 7,c7 ,citizenship ,each member of the ,review ,committee shall be a ,united ,states citizen4 7,d7 ,disqualifications ,no individual shall be eligible for appointment to1 or service on1 the ,review ,committee 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 is a currently serving judge1 justice1 or employee of the ,federal courts2 7v7 is an officer or employee of the ,federal ,government2 7vi7 is a close family member of any judge or justice of the ,federal courts2 7vii7 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 7viii7 during the #b years preceding the date of appointment1 served as a fiduciary or personal attorney for an judge1 justice1 or employee of the ,federal courts1 including any judge or justice2 or 7ix7 any currently serving ,senator or ,representative in1 or ,delegate or ,resident ,commissioner to1 the ,congress4 7#c7 ,term and removal 7,a7 ,length of term ,the term of a member of the ,review ,committee shall be for #b ,congresses4 7,b7 ,term limits ,a member of the ,review ,committee may not serve during #d consecutive ,congresses4 7,c7 ,removal ,a member of the ,review ,committee may be removed upon unanimous agreement among the ,speaker and the minority leader of the ,house of ,representatives or by an affirmative vote of #b_/c of the members of the ,committee on the ,judiciary of the ,house of ,representatives4 7,d7 ,vacancies ,any vacancy on the ,review ,committee 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#b74 7d7 ,chairperson and ,vice-,chairperson 7#a7 ,in general ,the members of the ,review ,committee shall elect a chairperson and a vice-chairperson of the ,review ,committee 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 ,review ,committee shall preside at the meetings of the ,review ,committee1 and the vice-chairperson shall preside in the absence or disability of the chairperson4 7e7 ,meetings 7#a7 ,quorum ,a majority of the members of the ,review ,committee shall constitute a quorum4 7#b7 ,meetings ,the ,review ,committee shall meet at the call of the chairperson1 the chair of the ,committee on the ,judiciary of the ,house of ,representatives1 or the call of a majority of its members1 pursuant to the rules of the ,review ,committee4 7#c7 ,voting ,except as otherwise specifically provided1 a majority vote of the ,review ,committee under this subtitle shall require an affirmative vote of #c or more members4 7f7 ,compensation ,a member of the ,review ,committee 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 ,review ,committee4 7g7 ,duties of review committee 7#a7 ,in general ,the ,review ,committee shall review each complaint made against the ,chief ,justice of the ,united ,states or a ,justice of the ,supreme ,court of the ,united ,states through the review process described in subsection 7m74 7#b7 ,hearings ,the ,review ,committee 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 7h7 ,financial disclosure reports 7#a7 ,in general ,each member of the ,review ,committee shall file an annual financial disclosure report with 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 ,review ,committee4 ,each such report shall be on a form prepared by the ,clerk 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 ,clerk of the ,house of ,representatives 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 ,committee on the ,judiciary of the ,house of ,representatives2 and 7,b7 annually print all such financial disclosure reports as a document of ,congress1 and make the document available to the public4 7i7 ,duties and powers of the review committee 7#a7 ,in general ,the ,review ,committee is authorized-- 7,a7 to establish a process for receiving and reviewing complaints from any person regarding allegations of misconduct by a ,justice of the ,supreme ,court of the ,united ,states2 7,b7 to conduct a review of material complaints regarding alleged misconduct by a ,justice of the ,supreme ,court of the ,united ,states2 and 7,c7 in any case where the ,review ,committee determines1 on the basis of the review described in subsection 7m71 that a ,justice may have engaged in conduct which might violate the ,code of ,conduct for ,united ,states ,judges adopted by the ,judicial ,conference of the ,united ,states or constitute #a or more grounds for impeachment under article ,,ii of the ,constitution of the ,united ,states1 or which1 in the interest of justice1 is not amenable to resolution by the ,review ,committee1 the ,review ,committee shall promptly certify such determination1 together with any complaint and a record of any associated proceedings to the ,committee on the ,judiciary of the ,house of ,representatives4 7#b7 ,referrals to law enforcement officials 7,a7 ,in general ,upon a majority vote of the ,review ,committee1 the ,review ,committee may refer potential legal violations committed by a justice 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 or preliminary investigation conducted under this subtitle4 7,b7 ,notification ,the ,review ,committee shall notify the ,committee on the ,judiciary of the ,senate and the ,committee on the ,judiciary of the ,house of ,representatives of all referrals under this subsection4 7#c7 ,limitations on review ,no review may be undertaken by the ,review ,committee of any complaint-- 7,a7 that is directly related to the merits of a decision or procedural ruling2 7,b7 that is frivolous1 lacking sufficient evidence to raise an inference that misconduct has occurred1 or containing allegations that are incapable of being established through investigation2 7,c7 concerning any alleged violation of law1 rule1 regulation or standard of conduct not in effect at the time of the alleged violation2 or 7,d7 concerning any alleged violation that occurred before the date of enactment of this ,act4 7j7 ,prohibition on public disclosure 7#a7 ,in general 7,a7 ,prohibition on public disclosure ,no information obtained by a member or employee of the ,review ,committee regarding complaints shall be publicly disclosed to any person or entity outside the ,review ,committee1 unless approved by a majority vote of the ,review ,committee4 ,any communication to any person or entity outside the ,review ,committee may occur only as authorized by the ,review ,committee4 7,b7 ,procedures and investigation ,the ,review ,committee shall establish1 in consultation with relevant agencies1 procedures necessary to prevent the unauthorized disclosure of any information received by the ,review ,committee4 ,any breaches of confidentiality shall be investigated by the ,review ,committee and appropriate action shall be taken1 which may include a recommendation to ,congress for removal pursuant to subsection 7c77#c77;,c74 7#b7 ,provision with respect to ,house and ,senate ,judiciary ,committees ,paragraph 7#a7 shall not preclude-- 7,a7 any member or employee of the ,review ,committee from presenting a report or findings of the ,committee1 or testifying before the ,committee on the ,judiciary of the ,house of ,representatives1 if requested by the ,committee on the ,judiciary of the ,house of ,representatives pursuant to its rules2 7,b7 any necessary communication with the ,department of ,justice or any other law enforcement agency2 or 7,c7 any necessary communication with the ,speaker or minority leader of the ,house of ,representatives or the majority leader or minority leader of the ,senate4 7#c7 ,opportunity to present ,before the ,review ,committee votes on a recommendation or statement to be transmitted to the ,committee on the ,judiciary of the ,house of ,representatives relating to a complaint involving a justice1 the ,review ,committee shall provide the justice whose conduct is the subject of the complaint the opportunity to present1 orally or in writing 7at the discretion of the justice71 a statement to the ,review ,committee4 7k7 ,presentation of reports to the ,house ,judiciary ,committee ,whenever the ,review ,committee transmits any report to the ,committee on the ,judiciary of the ,house of ,representatives relating to a complaint involving a justice1 the ,review ,committee shall designate a member or employee of the ,review ,committee to present the report to the ,house ,judiciary ,committee if requested by the ,committee on the ,judiciary of the ,house of ,representatives4 7l7 ,maintaining of financial disclosure reports ,the ,review ,committee 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 ,justice of the ,supreme ,court of the ,united ,states4 7m7 ,complaints 7#a7 ,source of complaints ,any person1 including a judge1 justice1 or employee of the courts of the ,united ,states may file with the ,review ,committee a complaint alleging a violation by a justice of any law 7including any regulation71 rule1 or other standard of conduct1 including the ,code of ,conduct for ,united ,states ,judges adopted by the ,judicial ,conference of the ,united ,states1 applicable to the conduct of such justice in the performance of the duties1 or the discharge of the responsibilities1 of the justice4 7#b7 ,false claims and statements acknowledgment ,any complaint submission under paragraph 7#a7 shall include a signed statement acknowledging that the person submitting the allegation or information understands that section #ajja of title #ah1 ,united ,states ,code 7popularly known as the ,false ,statements ,act7 applies to the information4 7#c7 ,review process of alleged violations by a justice 7,a7 ,review authorization 7i7 ,in general ,after receiving a complaint under paragraph 7#a71 the ,review ,committee may1 by majority vote1 authorize a review under subparagraph 7,b7 of any alleged violation by a justice of any law 7including any regulation71 rule1 or other standard of conduct1 including the ,code of ,conduct for ,united ,states ,judges adopted by the ,judicial ,conference of the ,united ,states1 applicable to the conduct of such justice in the performance of the duties1 or the discharge of the responsibilities1 of the justice4 7ii7 ,requirements ,the authorization under clause 7i7 shall-- 7,i7 be in writing2 and 7,,ii7 include a brief description of the specific matter and an explanation of why allegations in complaint meet the criteria in subsection 7i77#c74 7,b7 ,review process 7i7 ,initiation and notification of review ,after the date on which the ,review ,committee makes an authorization under subparagraph 7,a71 the ,review ,committee shall-- 7,i7 initiate a review of the alleged violation2 and 7,,ii7 provide a written notification of the commencement of the review1 including a statement of the nature of the review1 to-- 7aa7 the ,committee on the ,judiciary of the ,senate and the ,committee on the ,judiciary of the ,house of ,representatives2 and 7bb7 the justice who is the subject of the review4 7ii7 ,opportunity to terminate review ,at any time1 the ,review ,committee may1 by a majority vote1 terminate a review on any ground1 including that the matter under review is de minimis in nature4 ,if the ,review ,committee votes to terminate the review1 the ,committee shall-- 7,i7 notify1 in writing1 the complainant1 the justice who was the subject of the review1 the ,committee on the ,judiciary of the ,senate1 and the ,committee on the ,judiciary of the ,house of ,representatives of its decision to terminate the review of the matter2 and 7,,ii7 send a report1 including any findings of the ,review ,committee1 to the ,committee on the ,judiciary of the ,senate and the ,committee on the ,judiciary of the ,house of ,representatives4 7,c7 ,scope of review ,during a review1 the ,review ,committee shall evaluate the complaint and determine1 based on a majority vote1 whether the misconduct alleged in the complaint1 if true1 may constitute ,treason1 ,bribery1 and other high ,crimes and ,misdemeanors under section #d of article ,,ii of the ,constitution of the ,united ,states4 7,d7 ,completion of review ,upon the completion of any review1 the ,review ,committee shall-- 7i7 transmit to the ,committee on the ,judiciary of the ,house of ,representatives a written report that includes-- 7,i7 a statement of the nature of the review and the justice who is the subject of the review2 7,,ii7 the ,review ,committee's determination under paragraph 7#c72 7,,iii7 a description of the number of members voting in the affirmative and in the negative for the ,review ,committee's determination under paragraph 7#c77;,c72 7,,iv7 any relevant findings of the ,review ,committee1 including-- 7aa7 any findings of fact2 7bb7 a description of any relevant information that the ,review ,committee was unable to obtain or witnesses whom the ,review ,committee was unable to interview1 and the reasons therefor2 and 7cc7 a citation of any relevant law1 regulation1 or standard of conduct relating to the alleged misconduct2 7,v7 any supporting documentation2 and 7,,vi7 a written determination of whether the misconduct alleged in the complaint1 if true1 may constitute ,treason1 ,bribery1 and other high ,crimes and ,misdemeanors under section #d of article ,,ii of the ,constitution of the ,united ,states2 and 7ii7 transmit to the complainant and the justice who is the subject of the review the written report of the ,review ,committee described in clause 7i74 7n7 ,house ,judiciary ,committee ,consideration of ,review ,committee ,report ,if the ,review ,committee determines1 after a review1 that misconduct alleged in a complaint1 if true1 may constitute ,treason1 ,bribery1 and other high ,crimes and ,misdemeanors under section #d of article ,,ii of the ,constitution of the ,united ,states1 not later than #cj legislative days of continuous session in the ,house of ,representatives after the ,committee on the ,judiciary of the ,house of ,representatives receives a report under subsection 7m71 the ,committee on the ,judiciary of the ,house of ,representatives shall vote on whether to proceed with an investigation or an impeachment inquiry4 7o7 ,request from ,house ,judiciary ,committee 7#a7 ,in general ,notwithstanding any other provision of this section1 upon receipt of a written request from the ,committee on the ,judiciary of the ,house of ,representatives that the ,review ,committee cease its review of any matter and refer such matter to the ,committee on the ,judiciary of the ,house of ,representatives because of the ongoing investigation of the matter by the ,committee on the ,judiciary of the ,house of ,representatives1 the ,review ,committee shall refer such matter to the ,committee on the ,judiciary of the ,house of ,representatives1 cease its review of that matter and so notify any justice who is the subject of the review4 7#b7 ,resumption of review ,if the ,committee on the ,judiciary of the ,house of ,representatives notifies the ,review ,committee in writing that the ,review ,committee may continue its review of the complaint1 the ,review ,committee may begin or continue1 as the case may be1 a review of the matter4 7#c7 ,rule of construction ,nothing in this subsection shall be construed to prevent the ,review ,committee from sending any information regarding the matter to law enforcement agencies4 7p7 ,procedures 7#a7 ,review powers ,members or employees of the ,review ,committee may1 during a review-- 7,a7 administer to or take from any person an oath1 affirmation1 or affidavit2 7,b7 obtain information or assistance from any ,federal1 ,state1 or local governmental agency1 or other entity1 or unit thereof1 including all information kept in the course of business by the ,judicial ,conference of the ,united ,states1 the judicial councils of circuits1 the ,administrative ,office of the ,united ,states ,courts1 and the ,united ,states ,sentencing ,commission2 7,c7 take the deposition of witnesses2 and 7,d7 submit to the chair of the ,committee on the ,judiciary of the ,house of ,representatives a request for the ,committee on the ,judiciary of the ,house of ,representatives to require by subpoena the attendance of and testimony by witnesses and the production any book1 check1 canceled check1 correspondence1 communication1 document1 email1 paper1 physical evidence1 record1 recording1 tape1 or other material 7including electronic records7 relating to any matter or question the ,review ,committee is authorized to review from any individual or entity1 which-- 7i7 shall be handled in accordance with the rules of the ,committee on the ,judiciary of the ,house of ,representatives2 and 7ii7 may allow for the transmission of information or testimony between the ,review ,committee and the ,committee on the ,judiciary of the ,house of ,representatives1 in accordance with rules of the ,committee on the ,judiciary of the ,house of ,representatives4 7#b7 ,prohibition of ex parte communications ,there shall be no ex parte communications between any member or employee of the ,review ,committee and any justice who is the subject of any review by the ,review ,committee or between any member of the ,review ,committee and any interested party4 7#c7 ,other review committee rules and procedures ,the ,review ,committee is authorized to establish any additional rules or procedures pursuant to its duties and powers in paragraph 7#a7 necessary to carry out the functions of the ,review ,committee in accordance with this section4 7q7 ,personnel matters 7#a7 ,appointment and compensation of employees ,the ,review ,committee may appoint and fix the compensation of such professional1 nonpartisan staff 7including staff with relevant experience in investigations and law enforcement7 of the ,review ,committee as it considers necessary to perform its duties1 who-- 7,a7 shall perform all official duties in a nonpartisan manner2 and 7,b7 may not engage in any partisan political activity directly affecting any congressional or presidential election1 or any nomination of a ,federal judge or justice4 7#b7 ,qualifications ,each employee of the ,review ,committee shall be professional and demonstrably qualified for the position for which the employee is hired4 7#c7 ,termination of employees ,the employment of an employee of the ,review ,committee may be terminated at any time by the ,review ,committee4 7#d7 ,code of conduct ,the ,review ,committee shall establish a code of conduct to govern the behavior of the members or employees of the ,review ,committee1 which shall include the avoidance of conflicts of interest4 7r7 ,authorization of appropriations ,there is authorized to be appropriated to carry out this section such sums as may be necessary4 #daf4 ,expedited impeachment of ,federal judges ,section #cee7;b7 of title #bh1 ,united ,states ,code1 is amended by adding at the end the following3 7#c7 ,expedited impeachment 7,a7 ,in general ,after the ,judicial ,conference transmits the determination and the record of proceedings under paragraph 7#a7 or 7#b7 to the ,house of ,representatives1 the determination and record shall be immediately referred to the ,committee on the ,judiciary of the ,house of ,representatives4 7,b7 ,vote ,not later than #cj legislative days of continuous session in the ,house of ,representatives after the ,committee on the ,judiciary of the ,house of ,representatives receives the determination and the record of proceedings under subparagraph 7,a71 the ,committee on the ,judiciary of the ,house of ,representatives shall vote on whether to proceed with an investigation or an impeachment inquiry4 4 #dag4 ,judicial workplace climate surveys 7a7 ,in general ,chapter #ba of title #bh1 ,united ,states ,code1 is amended by adding at the end the following3 #dfd4 ,judicial workplace climate surveys 7a7 ,in general ,the ,judicial ,conference of the ,united ,states shall administer climate survey to each employee of a court of the ,united ,states about the work environment of the court1 which shall-- 7#a7 be administered not later than #ah months after the date of enactment of this section and every #b years thereafter2 7#b7 be voluntary2 7#c7 survey respondents on the general work environment1 including attitudes in the workplace regarding diversity and inclusion and harassment or discrimination on the basis of race1 ethnicity1 disability1 sex1 sexual orientation1 and gender identity2 and 7#d7 be anonymous and confidential1 with notice of the anonymity and confidentiality made to the respondent throughout the survey4 7b7 ,transmission of information ,information obtained in a survey administered under subsection 7a7 shall be-- 7#a7 made publicly available2 and 7#b7 transmitted to the ,committee on the ,judiciary of the ,senate and the ,committee on the ,judiciary1 the ,chief ,justice of the ,united ,states1 and the ,judicial ,conference of the ,united ,states4 4 7b7 ,technical and conforming amendment ,the table of sections for chapter #ba of title #bh1 ,united ,states ,code1 is amended by adding at the end the following3 #dfd4 ,judicial workplace climate surveys4 4 #dah4 ,pilot program to provide access to counsel in ,federal court 7a7 ,definitions ,in this section3 7#a7 ,director ,the term ,director means the ,director of the ,administrative ,office of the ,united ,states ,courts4 7#b7 ,eligible entity ,the term eligible entity means any of the following3 7,a7 ,a ,state or local public defenders office4 7,b7 ,a clinical law program at a nonprofit law school4 7,c7 ,an organization described in section #eja7;c77#c7 of the ,internal ,revenue ,code of #aihf which is exempt from taxation under section #eja7;a7 of such ,code1 which organization has expertise in providing legal assistance to persons unable to afford counsel4 7,d7 ,a ,state bar association4 7b7 ,authorization ,the ,director is authorized to carry out a pilot program to facilitate the appointment of counsel under section #aiae7;e77#a7 of title #bh1 ,united ,states ,code4 ,in carrying out the pilot program1 the ,director is authorized to make grants to eligible entities1 and make funds available to ,federal public defender and community defender organizations and to courts of the ,united ,states4 7c7 ,application ,an eligible entity seeking a grant under this section shall submit to the ,director an application at such time1 in such manner1 and containing such information as the ,director may reasonably require4 7d7 ,priority 7#a7 ,expertise ,in considering an application submitted by an eligible entity under subsection 7c71 the ,director shall give priority to an application from an eligible entity with demonstrated cultural competency initiatives that has expertise in representing low-income persons in civil actions1 which may include-- 7,a7 persons earning #bjj percent or below of area median income1 up to #ajj1jjj2 7,b7 persons qualifying for means-tested public benefits2 7,c7 persons who reside in subsidized housing2 and 7,d7 persons serving a term of imprisonment4 7#b7 ,geographic diversity ,the ,director shall give priority to areas of varying geographic size with the greatest showing of unmet need for counsel1 and shall1 to the extent practicable1 equitably distribute funds on a geographic basis including nonurban and rural areas of various geographic size4 7#c7 ,no preference for ,federal entities ,the ,director may not prioritize distributing funds to ,federal entities over making grants to eligible entities4 7e7 ,use of funds 7#a7 ,grant recipients ,an eligible entity receiving a grant under this section shall use such funds as follows3 7,a7 ,in the case of an entity described in subsection 7a77#b77;,a71 to provide financial compensation to staff or contracted attorneys who provide counsel pursuant to requests under section #aiae7;e77#a7 of title #bh1 ,united ,states ,code4 7,b7 ,in the case of an entity described in subsection 7a77#b77;,b71 to fund a clinical law program that provides counsel pursuant to requests under section #aiae7;e77#a7 of title #bh1 ,united ,states ,code4 7,c7 ,in the case of an entity described in subparagraph 7,c7 or 7,d7 of subsection 7a77#b71 to provide financial compensation to attorneys who provide counsel pursuant to requests under section #aiae7;e77#a7 of title #bh1 ,united ,states ,code4 7#b7 ,federal defenders and courts 7,a7 ,federal defenders ,a ,federal public defender organization and community defender organization shall use funds under this section to provide financial compensation to staff or contracted attorneys who provide counsel pursuant to requests under section #aiae7;e77#a7 of title #bh1 ,united ,states ,code4 7,b7 ,courts of the ,united ,states ,a court of the ,united ,states shall use funds under this section to provide financial compensation to attorneys who provide counsel pursuant to requests under section #aiae7;e77#a7 of title #bh1 ,united ,states ,code4 7f7 ,full representation ,to the extent practicable1 and in accordance with applicable ethics rules1 an eligible entity receiving a grant under this section shall ensure the provision of full representation of each person with respect to whom the entity provides1 or facilitates the provision1 of counsel pursuant to a request under section #aiae7;e77#a7 of title #bh1 ,united ,states ,code4 7g7 ,report ,not later than #b years after the date of the enactment of this ,act1 and every #b years thereafter1 the ,director shall submit to ,congress and make publicly available a report on the pilot program under this section1 which report shall include the following3 7#a7 ,with respect to persons for whom counsel was provided pursuant to a request under section #aiae7;e77#a7 of title #bh1 ,united ,states ,code1 the types of cases1 length of time spent on cases by attorneys and outcomes of the matters for which such counsel was provided4 7#b7 ,benefits related to increased access to counsel and any remaining barriers to access to counsel pursuant to requests under such section #aiae7;e77#a74 7#c7 ,any changes in the frequency of requests made by courts under such section #aiae7;e77#a74 7#d7 ,other changes to the functioning of the ,federal courts related to the pilot program1 including increases in efficiency of adjudication of cases and changes in the number of cases resolved in favor of the party for whom counsel was provided pursuant to a request under such section #aiae7;e77#a74 7#e7 ,suggested changes to the pilot program to ensure greater access to justice for low-income litigants4 7h7 ,authorization of appropriations ,there is authorized to be appropriated such sums as may be necessary for each of fiscal years #bjba through #bjcj1 of which the ,director may reserve not more than #e percent for administrative costs4 ,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 issues2 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 and 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 ,president pro tempore 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 ,president pro tempore 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 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 ,president pro tempore 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 allegations of violations 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 is a reasonable basis to believe an alleged violation of any ethics law1 rule1 or other standard of conduct described in such subparagraph1 to present the alleged ethics violation and any material evidence 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 seq47-- 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 ,representatives1 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 7,d7 any necessary communication with any members1 or employees1 of the applicable ethics committee2 or 7,e7 any necessary communication with the ,president pro tempore of the ,senate1 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 7i7 ,investigative authority ,in the course of an investigation described in subsection 7a77#a77;,a71 the ,board may require by subpoena the attendance of and testimony by witnesses and the production of 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 ,office is authorized to investigate from any individual or entity4 #eee4 ,review process of submissions 7a7 ,source of submissions 7#a7 ,citizen submissions 7,a7 ,citizen submissions ,any citizen of the ,united ,states1 including a ,member or employee of ,congress1 may submit to the ,office an allegation of a violation or any material information regarding an alleged violation1 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,b7 and paragraph 7#d74 7,b7 ,ban on filing submissions prior to election ,the ,board may not accept citizen submissions 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#b7 ,board member or office of congressional ethics submissions ,a member of the ,board or an employee of the ,office may submit an allegation of 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 ,false claims acknowledgment and statement ,any submission under paragraph 7#a7 shall include a signed statement acknowledging that the individual submitting the allegation or material information understands that section #ajja of title #ah1 ,united ,states ,code 7popularly known as the ,false ,statements ,act71 applies to the allegation or information the individual is submitting4 7#d7 ,past frivolous charges ,the ,board shall not accept any submission under paragraph 7#a77;,a7 from an individual who has previously violated section #ajja of title #ah1 ,united ,states ,code1 with respect to this subtitle4 7#e7 ,notification ,upon receipt of a submission filed under paragraph 7#a7 or 7#b7 that meets the requirements of this subsection and that the ,office determines contains a material allegation of a violation1 or material information1 described in paragraph 7#a77;,a71 the ,office shall refer the submission 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 submission under subsection 7a77#e71 #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 alleged 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 an alleged ethics violation4 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 the committee has voted to open an investigation of such matter by the committee or by an investigatory subcommittee of 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 #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 ,,vii ,campaign ,finance ,reforms ,a ,requirements relating to preventing conflicts of interest ,i ,requirements relating to registered lobbyists and government contractors #gja4 ,requirements relating to registered lobbyists 7a7 ,in general ,title ,,iii of the ,federal ,election ,campaign ,act of #aiga 7#eb ,u4,s4,c4 #cjaja et seq471 as amended by section #ada1 is amended by adding at the end the following new section3 #cbf4 ,requirements relating to registered lobbyists 7a7 ,prohibition of contributions or fundraising by registered lobbyists ,it shall be unlawful for any registered lobbyist to-- 7#a7 make a contribution to any candidate for ,federal office or member of ,congress2 or 7#b7 fundraise for any candidate for ,federal office1 member of ,congress1 authorized committee of a candidate1 leadership ,,pac1 or political party committee4 7b7 ,prohibition of soliciting funds from lobbyists ,it shall be unlawful for any candidate for ,federal office1 member of ,congress1 an agent of such candidate or member of ,congress1 or an entity directly or indirectly established1 financed1 maintained1 or controlled by or acting on behalf of #a or more such candidates or members of ,congress to directly solicit funds from any registered lobbyist in connection with any election for ,federal office4 7c7 ,definitions ,for purposes of this section3 7#a7 ,registered lobbyist ,the term registered 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 ,act 7#b ,u4,s4,c4 #afjc7;a774 7#b7 ,other terms ,the terms fundraise and solicit have the meaning given those terms in section #cja4 7d7 ,clarification ,nothing in this section shall be construed to prohibit-- 7#a7 any person from engaging in volunteer activity on behalf of a candidate or from making communications which provide information about the candidate but which do not include the solicitation of contributions or other fundraising activity in support of the candidate2 7#b7 any registered lobbyist from making an independent expenditure or fundraising for an independent expenditure2 or 7#c7 any candidate for ,federal office1 member of ,congress1 an agent of such candidate or member of ,congress1 or an entity directly or indirectly established1 financed1 maintained1 or controlled by or acting on behalf of #a or more such candidates or members of ,congress from including registered lobbyists in any mass communication1 including a mass communication that solicits a contribution4 4 7b7 ,definitions ,section #cja of the ,federal ,election ,campaign ,act of #aiga 7#eb ,u4,s4,c4 #cjaja7 is amended by adding at the end the following new paragraphs3 7#bg7 ,fundraise ,the term fundraise means-- 7,a7 hosting or underwriting an event where funds are raised with the intention to contribute such funds to any candidate for ,federal office1 member of ,congress1 authorized committee of a candidate1 leadership ,,pac1 or political party committee2 7,b7 transmitting or delivering a contribution to any candidate for ,federal office1 member of ,congress1 authorized committee of a candidate1 leadership ,,pac1 or political party committee from another person2 7,c7 making or sending a communication soliciting contributions for any candidate for ,federal office1 member of ,congress1 authorized committee of a candidate1 leadership ,,pac1 or political party committee2 or 7,d7 otherwise directly or indirectly soliciting1 transmitting1 or facilitating a contribution to any candidate for ,federal office1 member of ,congress1 authorized committee of a candidate1 leadership ,,pac1 or political party committee4 7#bh7 ,solicit ,the term solicit means to directly or indirectly ask1 request1 or recommend1 explicitly or implicitly1 that another person make a contribution1 donation1 transfer of funds1 or otherwise provide anything of value4 4 #gjb4 ,disclosure of political spending by government contractors ,section #gce of division ,d of the ,consolidated ,appropriations ,act1 #bjai is repealed4 #gjc4 ,repeal of restriction of use of funds by internal revenue service to bring transparency to political activity of certain nonprofit organizations ,section #abd of the ,financial ,services and ,general ,government ,appropriations ,act1 #bjai 7division ,d of ,public ,law #aaf-f7 is hereby repealed4 #gjd4 ,repeal of revenue procedure that eliminated requirement to report information regarding contributors to certain tax-exempt organizations ,revenue ,procedure #bjah-ch shall have no force and effect4 ,,ii ,requirements relating to corporations #gaa4 ,banning corporations from fundraising ,section #caf7;a7 of the ,federal ,election ,campaign ,act of #aiga 7#eb ,u4,s4,c4 #cjaah7;a77 is amended by inserting the following before the period at the end3 1 or for any corporation to fundraise 7as defined in section #cja7 for any candidate for ,federal office or member of ,congress4 #gab4 ,banning contributions to members of ,congress from corporations under the jurisdiction of their committees 7a7 ,prohibition 7#a7 ,in general ,title ,,iii of the ,federal ,election ,campaign ,act of #aiga 7#eb ,u4,s4,c4 #cjaja et seq471 as amended by sections #ada and #gja1 is amended by adding at the end the following new section3 #cbg4 ,prohibiting campaign contributions to members of congress by persons with financial interests in categories of business under jurisdiction of committees on which members serve 7a7 ,prohibiting contributions and solicitation of contributions 7#a7 ,contributions ,no person shall make a contribution to a member of ,congress1 an authorized committee of a member of ,congress1 or a leadership ,,pac of a member of ,congress unless1 at the time the person makes the contribution1 the person certifies under penalty of perjury that the person is not affiliated with a corporation 7other than a nonprofit corporation7 or a membership organization described in section #eja7;c77#f7 of the ,internal ,revenue ,code of #aihf and exempt from tax under section #eja7;a7 of such ,code any member of which is a corporation which has a financial interest in a category of business which is under the jurisdiction of a committee of ,congress on which the member serves4 7#b7 ,solicitation of contributions ,a member of ,congress may not solicit from a person any contribution1 including a contribution to an authorized committee of the member1 a leadership ,,pac of the member1 a political committee of a political party1 or any other political committee1 if the member knows or reasonably should know that the person has a financial interest in a category of business which is under the jurisdiction of a committee of ,congress on which the member serves4 7#c7 ,solicitation of donations to certain foundations and other nonprofit organizations 7,a7 ,solicitations prohibited ,a member of ,congress may not solicit from a person any donation to a foundation or other nonprofit organization whose governing board includes the member or an immediate family member of the member if the member knows or reasonably should know that the person has a financial interest in a category of business which is under the jurisdiction of a committee of ,congress on which the ,member serves4 7,b7 ,definitions ,for purposes of this paragraph-- 7i7 the term immediate family member means1 with respect to a member of ,congress1 a parent1 child1 sibling1 spouse1 or parent-in-law2 and 7ii7 the term nonprofit organization means an organization which is described in section #eja7;c7 of the ,internal ,revenue ,code of #aihf and exempt from taxation under section #eja7;a7 of such ,code4 7#d7 ,determination of categories of businesses under committee jurisdiction ,for purposes of this subsection1 the determination as to whether a category of business is under the jurisdiction of a committee of ,congress shall be based on the most recent report filed with the ,commission by the ,committee on ,ethics of the ,house of ,representatives or the ,select ,committee on ,ethics of the ,senate under section #gab7;b7 of the ,anti-,corruption and ,public ,integrity ,act4 7b7 ,description of persons affiliated with a corporation or trade association ,for purposes of subsection 7a71 a person is affiliated with a corporation 7other than a nonprofit corporation7 or membership organization if the person is any of the following3 7#a7 ,a separate segregated fund established by the membership organization under section #caf4 7#b7 ,an individual who is a treasurer1 agent1 or other officer of a separate segregated fund established by a membership organization under section #caf4 7#c7 ,an individual who is general partner1 managing member1 or executive officer1 or other individual with a similar status or function of the corporation or membership organization for purposes of section #caf1 or who would be treated as a general partner1 managing member1 or executive officer1 or other individual with a similar status of the corporation or membership organization for purposes of section #caf if the corporation or membership organization established a separate segregated fund or solicited contributions under such section4 7#d7 ,an individual who owns or controls #e percent or more of the voting shares of the corporation1 except that this paragraph does not apply with respect to a corporation whose annual revenues were less than #e1jjj1jjj during any of the #c most recent fiscal years ending before the date on which the individual makes the contribution4 7c7 ,exceptions ,subsection 7a7 does not apply with respect to any of the following3 7#a7 ,a contribution to a candidate for election to the office of ,representative in1 or ,delegate or ,resident ,commissioner to1 the ,congress1 an authorized committee of such a candidate1 or a leadership ,,pac of such a candidate which is made by an individual who is a resident of the congressional district such candidate represents4 7#b7 ,a contribution to a candidate for election to the office of ,senator1 an authorized committee of such a candidate1 or a leadership ,,pac of such a candidate which is made by an individual who is a resident of the ,state such candidate represents4 7#c7 ,a contribution made to a political committee by an individual whose identification the political committee is not required to disclose under section #cjd7;b77#c77;,a7 because the aggregate amount or value of the contributions made by the individual to the committee during the election cycle involved is not in excess of #bjj4 7#d7 ,a contribution made to a political committee by a separate segregated fund established by a labor organization under section #caf4 7d7 ,other definitions ,in this section-- 7#a7 the term leadership ,,pac means1 with respect to a candidate or a ,member of ,congress1 a political committee that is directly or indirectly established1 financed1 maintained or controlled by the candidate or the member but which is not an authorized committee of the candidate or the member and which is not affiliated with an authorized committee of the candidate or the member1 except that such term does not include a political committee of a political party2 and 7#b7 the term member of ,congress means a ,senator or ,representative in1 or ,delegate or ,resident ,commissioner to1 the ,congress4 4 7#b7 ,effective date ,the amendments made by this subsection shall apply with respect to contributions and donations made or solicited after the expiration of the #abj-;day period which begins on the date the ,committee on ,ethics of the ,house of ,representatives and the ,select ,committee on ,ethics of the ,senate file the first reports required under subsection 7b74 7b7 ,reports by congressional ethics committees on categories of businesses under jurisdiction of committees 7#a7 ,reports2 submission to ,federal ,election ,commission ,during each ,congress1 the ,committee on ,ethics of the ,house of ,representatives and the ,select ,committee on ,ethics of the ,senate shall prepare and submit to the ,federal ,election ,commission a report listing for each standing committee of the ,house or ,senate 7as the case may be7 the categories of businesses which are under the jurisdiction of such committee1 in such form and in accordance with such criteria as the ,committee on ,ethics of the ,house of ,representatives and the ,select ,committee on ,ethics of the ,senate may each establish4 7#b7 ,office of congressional ethics recommendations ,the ,office of ,congressional ,ethics shall annually make recommendations to the ,committee on ,ethics of the ,house of ,representatives and the ,select ,committee on ,ethics of the ,senate regarding updates to each report under paragraph 7#a74 7#c7 ,report contents ,the ,committee on ,ethics of the ,house of ,representatives and the ,select ,committee on ,ethics of the ,senate shall prepare each report under paragraph 7#a7 in consultation with-- 7,a7 the ,parliamentarian of the ,senate or the ,parliamentarian of the ,house1 respectively1 to consider the assignment of legislation to each committee as an indicator in preparation of the report2 and 7,b7 the ,clerk of the ,senate or ,clerk of the ,house1 respectively1 to consider the lobbying activity of businesses in each business category as an indicator in preparation of the report4 7#d7 ,timing ,the ,committee on ,ethics of the ,house of ,representatives and the ,select ,committee on ,ethics of the ,senate shall each submit the first report for a ,congress under this section not later than #ij days after the beginning of the ,congress4 7#e7 ,updates ,the ,committee on ,ethics of the ,house of ,representatives and the ,select ,committee on ,ethics of the ,senate shall each prepare and submit to the ,federal ,election ,commission updates to reports required under this subsection on a regular and ongoing basis4 #gac4 ,corporate ,,pac ban 7a7 ,limitation 7#a7 ,in general ,section #caf7;b77#b77;,c7 of the ,federal ,election ,campaign ,act of #aiga 7#eb ,u4,s4,c4 #cjaah7;b77#b77;,c77 is amended by striking a corporation and inserting a nonprofit corporation4 7#b7 ,definition ,section #caf7;b7 of such ,act 7#eb ,u4,s4,c4 #cjaah7;b77 is amended by adding at the end the following new paragraph3 7#h7 ,for purposes of this section1 the term nonprofit corporation means a corporation described in section #eja7;c7 of the ,internal ,revenue ,code of #aihf and exempt from taxation under section #eja7;a7 of such ,code1 other than a corporation which is ineligible to be exempt from taxation under section #eja7;a7 of such ,code if it establishes a separate segregated fund under this subsection4 4 7b7 ,permitting solicitation of contributions only from executive and administrative personnel ,section #caf7;b7 of such ,act 7#eb ,u4,s4,c4 #cjaah7;b77 is amended-- 7#a7 in paragraph 7#d77;,a77i71 by striking its stockholders and their families and2 7#b7 in paragraph 7#d77;,b7-- 7,a7 by striking a corporation the first place it appears and inserting a nonprofit corporation2 7,b7 by striking any stockholder1 executive or administrative personnel1 and inserting any executive or administrative personnel2 and 7,c7 by striking stockholders1 executive or administrative personnel1 and inserting executive or administrative personnel2 7#c7 in paragraph 7#d77;,d7-- 7,a7 by striking stockholders and2 7,b7 by striking such stockholders or personnel and inserting such personnel2 and 7,c7 by striking such stockholders and personnel and inserting such personnel2 and 7#d7 in paragraph 7#e71 by striking stockholders and4 7c7 ,treatment of government contractors ,section #cag7;b7 of such ,act 7#eb ,u4,s4,c4 #cjaai7;b77 is amended-- 7#a7 by striking any corporation and inserting any nonprofit corporation2 and 7#b7 by striking a corporation and inserting a nonprofit corporation4 7d7 ,effective date2 transition for existing funds and committees 7#a7 ,effective date ,the amendments made by this ,act shall take effect on the date of the enactment of this ,act4 7#b7 ,transition for existing funds and committees ,in the case of a separate segregate fund established and operating under section #caf7;b77#b77;,c7 of the ,federal ,election ,campaign ,act of #aiga 7#eb ,u4,s4,c4 #cjaah7;b77#b77;,c77 as of the date of the enactment of this ,act which is not a fund of a nonprofit corporation as defined in section #caf7;b77#h7 of such ,act 7as added by subsection 7a77#b771 the fund shall terminate and disburse its entire balance not later than #a year after the date of the enactment of this ,act4 #gad4 ,disclosure of campaign-related disbursements 7a7 ,disclosure requirements for corporations1 labor organizations1 and certain other entities 7#a7 ,in general ,section #cbd of the ,federal ,election ,campaign ,act of #aiga 7#eb ,u4,s4,c4 #cjabf7 is amended to read as follows3 #cbd4 ,disclosure of campaign-related disbursements by covered organizations 7a7 ,disclosure statement 7#a7 ,in general ,any covered organization that makes campaign-related disbursements aggregating more than #aj1jjj in an election reporting cycle shall1 not later than #bd hours after each disclosure date1 file a statement with the ,commission made under penalty of perjury that contains the information described in paragraph 7#b7-- 7,a7 in the case of the first statement filed under this subsection1 for the period beginning on the first day of the election reporting cycle 7or1 if earlier1 the period beginning one year before the first such disclosure date7 and ending on the first such disclosure date2 and 7,b7 in the case of any subsequent statement filed under this subsection1 for the period beginning on the previous disclosure date and ending on such disclosure date4 7#b7 ,information described ,the information described in this paragraph is as follows3 7,a7 ,the name of the covered organization and the principal place of business of such organization and1 in the case of a covered organization that is a corporation 7other than a business concern that is an issuer of a class of securities registered under section #ab of the ,securities ,exchange ,act of #aicd 7#ae ,u4,s4,c4 #ghl7 or that is required to file reports under section #ae7;d7 of that ,act 7#ae ,u4,s4,c4 #gho7d777 or an entity described in subsection 7e77#b71 a list of the beneficial owners 7as defined in paragraph 7#d77;,a77 of the entity that-- 7i7 identifies each beneficial owner by name and current residential or business street address2 and 7ii7 if any beneficial owner exercises control over the entity through another legal entity1 such as a corporation1 partnership1 limited liability company1 or trust1 identifies each such other legal entity and each such beneficial owner who will use that other entity to exercise control over the entity4 7,b7 ,the amount of each campaign-related disbursement made by such organization during the period covered by the statement of more than #a1jjj1 and the name and address of the person to whom the disbursement was made4 7,c7 ,in the case of a campaign-related disbursement that is not a covered transfer1 the election to which the campaign-related disbursement pertains and if the disbursement is made for a public communication1 the name of any candidate identified in such communication and whether such communication is in support of or in opposition to a candidate4 7,d7 ,a certification by the chief executive officer or person who is the head of the covered organization that the campaign-related disbursement is not made in cooperation1 consultation1 or concert with or at the request or suggestion of a candidate1 authorized committee1 or agent of a candidate1 political party1 or agent of a political party4 7,e7 7i7 ,if the covered organization makes campaign-related disbursements using exclusively funds in a segregated bank account consisting of funds that were paid directly to such account by persons other than the covered organization that controls the account1 for each such payment to the account-- 7,i7 the name and address of each person who made such payment during the period covered by the statement2 7,,ii7 the date and amount of such payment2 and 7,,iii7 the aggregate amount of all such payments made by the person during the period beginning on the first day of the election reporting cycle 7or1 if earlier1 the period beginning one year before the disclosure date7 and ending on the disclosure date1 but only if such payment was made by a person who made payments to the account in an aggregate amount of #aj1jjj or more during the period beginning on the first day of the election reporting cycle 7or1 if earlier1 the period beginning one year before the disclosure date7 and ending on the disclosure date4 7ii7 ,in any calendar year after #bjbj1 section #cae7;c77#a77;,b7 shall apply to the amount described in clause 7i7 in the same manner as such section applies to the limitations established under subsections 7a77#a77;,a71 7a77#a77;,b71 7a77#c71 and 7h7 of such section1 except that for purposes of applying such section to the amounts described in subsection 7b71 the base period shall be #bjbj4 7,f7 7i7 ,if the covered organization makes campaign-related disbursements using funds other than funds in a segregated bank account described in subparagraph 7,e71 for each payment to the covered organization-- 7,i7 the name and address of each person who made such payment during the period covered by the statement2 7,,ii7 the date and amount of such payment2 and 7,,iii7 the aggregate amount of all such payments made by the person during the period beginning on the first day of the election reporting cycle 7or1 if earlier1 the period beginning one year before the disclosure date7 and ending on the disclosure date1 but only if such payment was made by a person who made payments to the covered organization in an aggregate amount of #aj1jjj or more during the period beginning on the first day of the election reporting cycle 7or1 if earlier1 the period beginning one year before the disclosure date7 and ending on the disclosure date4 7ii7 ,in any calendar year after #bjbj1 section #cae7;c77#a77;,b7 shall apply to the amount described in clause 7i7 in the same manner as such section applies to the limitations established under subsections 7a77#a77;,a71 7a77#a77;,b71 7a77#c71 and 7h7 of such section1 except that for purposes of applying such section to the amounts described in subsection 7b71 the base period shall be #bjbj4 7,g7 ,such other information as required in rules established by the ,commission to promote the purposes of this section4 7#c7 ,exceptions 7,a7 ,amounts received in ordinary course of business ,the requirement to include in a statement filed under paragraph 7#a7 the information described in paragraph 7#b7 shall not apply to amounts received by the covered organization in commercial transactions in the ordinary course of any trade or business conducted by the covered organization or in the form of investments 7other than investments by the principal shareholder in a limited liability corporation7 in the covered organization4 ,for purposes of this subparagraph1 amounts received by a covered organization as remittances from an employee to the employee's collective bargaining representative shall be treated as amounts received in commercial transactions in the ordinary course of the business conducted by the covered organization4 7,b7 ,donor restriction on use of funds ,the requirement to include in a statement submitted under paragraph 7#a7 the information described in subparagraph 7,f7 of paragraph 7#b7 shall not apply if-- 7i7 the person described in such subparagraph prohibited1 in writing1 the use of the payment made by such person for campaign-related disbursements2 and 7ii7 the covered organization agreed to follow the prohibition and deposited the payment in an account which is segregated from any account used to make campaign-related disbursements4 7,c7 ,threat of harassment or reprisal ,the requirement to include any information relating to the name or address of any person 7other than a candidate7 in a statement submitted under paragraph 7#a7 shall not apply if the inclusion of the information would subject the person to serious threats1 harassment1 or reprisals4 7#d7 ,other definitions ,for purposes of this section3 7,a7 ,beneficial owner defined 7i7 ,in general ,except as provided in clause 7ii71 the term beneficial owner means1 with respect to any entity1 a natural person who1 directly or indirectly-- 7,i7 exercises substantial control over an entity through ownership1 voting rights1 agreement1 or otherwise2 or 7,,ii7 has a substantial interest in or receives substantial economic benefits from the assets of an entity4 7ii7 ,exceptions ,the term beneficial owner shall not include-- 7,i7 a minor child2 7,,ii7 a person acting as a nominee1 intermediary1 custodian1 or agent on behalf of another person2 7,,iii7 a person acting solely as an employee of an entity and whose control over or economic benefits from the entity derives solely from the employment status of the person2 7,,iv7 a person whose only interest in an entity is through a right of inheritance1 unless the person also meets the requirements of clause 7i72 or 7,v7 a creditor of an entity1 unless the creditor also meets the requirements of clause 7i74 7iii7 ,anti-abuse rule ,the exceptions under clause 7ii7 shall not apply if used for the purpose of evading1 circumventing1 or abusing the provisions of clause 7i7 or paragraph 7#b77;,a74 7,b7 ,disclosure date ,the term disclosure date means-- 7i7 the first date during any election reporting cycle by which a person has made campaign-related disbursements aggregating more than #aj1jjj2 and 7ii7 any other date during such election reporting cycle by which a person has made campaign-related disbursements aggregating more than #aj1jjj since the most recent disclosure date for such election reporting cycle4 7,c7 ,election reporting cycle ,the term election reporting cycle means the #b-year period beginning on the date of the most recent general election for ,federal office4 7,d7 ,payment ,the term payment includes any contribution1 donation1 transfer1 payment of dues1 or other payment4 7b7 ,coordination with other provisions 7#a7 ,other reports filed with the ,commission ,information included in a statement filed under this section may be excluded from statements and reports filed under section #cjd4 7#b7 ,treatment as separate segregated fund ,a segregated bank account referred to in subsection 7a77#b77;,e7 may be treated as a separate segregated fund for purposes of section #ebg7;f77#c7 of the ,internal ,revenue ,code of #aihf4 7c7 ,filing ,statements required to be filed under subsection 7a7 shall be subject to the requirements of section #cjd7;d7 to the same extent and in the same manner as if such reports had been required under subsection 7c7 or 7g7 of section #cjd4 7d7 ,campaign-,related disbursement defined 7#a7 ,in general ,in this section1 the term campaign-related disbursement means a disbursement by a covered organization for any of the following3 7,a7 ,an independent expenditure which expressly advocates the election or defeat of a clearly identified candidate for election for ,federal office1 or is the functional equivalent of express advocacy because1 when taken as a whole1 it can be interpreted by a reasonable person only as advocating the election or defeat of a candidate for election for ,federal office4 7,b7 ,any public communication which refers to a clearly identified candidate for election for ,federal office and which promotes or supports the election of a candidate for that office1 or attacks or opposes the election of a candidate for that office1 without regard to whether the communication expressly advocates a vote for or against a candidate for that office4 7,c7 ,an electioneering communication1 as defined in section #cjd7;f77#c74 7,d7 ,a covered transfer4 7#b7 ,intent not required ,a disbursement for an item described in subparagraph 7,a71 7,b71 7,c71 or 7,d7 of paragraph 7#a7 shall be treated as a campaign-related disbursement regardless of the intent of the person making the disbursement4 7e7 ,covered organization defined ,in this section1 the term covered organization means any of the following3 7#a7 ,a corporation 7other than an organization described in section #eja7;c77#c7 of the ,internal ,revenue ,code of #aihf74 7#b7 ,a limited liability corporation that is not otherwise treated as a corporation for purposes of this ,act 7other than an organization described in section #eja7;c77#c7 of the ,internal ,revenue ,code of #aihf74 7#c7 ,an organization described in section #eja7;c7 of such ,code and exempt from taxation under section #eja7;a7 of such ,code 7other than an organization described in section #eja7;c77#c7 of such ,code74 7#d7 ,a labor organization 7as defined in section #caf7;b774 7#e7 ,any political organization under section #ebg of the ,internal ,revenue ,code of #aihf1 other than a political committee under this ,act 7except as provided in paragraph 7#f774 7#f7 ,a political committee with an account that accepts donations or contributions that do not comply with the contribution limits or source prohibitions under this ,act1 but only with respect to such accounts4 7f7 ,covered transfer defined 7#a7 ,in general ,in this section1 the term covered transfer means any transfer or payment of funds by a covered organization to another person if the covered organization-- 7,a7 designates1 requests1 or suggests that the amounts be used for-- 7i7 campaign-related disbursements 7other than covered transfers72 or 7ii7 making a transfer to another person for the purpose of making or paying for such campaign-related disbursements2 7,b7 made such transfer or payment in response to a solicitation or other request for a donation or payment for-- 7i7 the making of or paying for campaign-related disbursements 7other than covered transfers72 or 7ii7 making a transfer to another person for the purpose of making or paying for such campaign-related disbursements2 7,c7 engaged in discussions with the recipient of the transfer or payment regarding-- 7i7 the making of or paying for campaign-related disbursements 7other than covered transfers72 or 7ii7 donating or transferring any amount of such transfer or payment to another person for the purpose of making or paying for such campaign-related disbursements2 7,d7 made campaign-related disbursements 7other than a covered transfer7 in an aggregate amount of #ej1jjj or more during the #b-year period ending on the date of the transfer or payment1 or knew or had reason to know that the person receiving the transfer or payment made such disbursements in such an aggregate amount during that #b-year period2 or 7,e7 knew or had reason to know that the person receiving the transfer or payment would make campaign-related disbursements in an aggregate amount of #ej1jjj or more during the #b-year period beginning on the date of the transfer or payment4 7#b7 ,exclusions ,the term covered transfer does not include any of the following3 7,a7 ,a disbursement made by a covered organization in a commercial transaction in the ordinary course of any trade or business conducted by the covered organization or in the form of investments made by the covered organization4 7,b7 ,a disbursement made by a covered organization if-- 7i7 the covered organization prohibited1 in writing1 the use of such disbursement for campaign-related disbursements2 and 7ii7 the recipient of the disbursement agreed to follow the prohibition and deposited the disbursement in an account which is segregated from any account used to make campaign-related disbursements4 7#c7 ,special rule regarding transfers among affiliates 7,a7 ,special rule ,a transfer of an amount by one covered organization to another covered organization which is treated as a transfer between affiliates under subparagraph 7,c7 shall be considered a covered transfer by the covered organization which transfers the amount only if the aggregate amount transferred during the year by such covered organization to that same covered organization is equal to or greater than #ej1jjj4 7,b7 ,determination of amount of certain payments among affiliates ,in determining the amount of a transfer between affiliates for purposes of subparagraph 7,a71 to the extent that the transfer consists of funds attributable to dues1 fees1 or assessments which are paid by individuals on a regular1 periodic basis in accordance with a per-individual calculation which is made on a regular basis1 the transfer shall be attributed to the individuals paying the dues1 fees1 or assessments and shall not be attributed to the covered organization4 7,c7 ,description of transfers between affiliates ,a transfer of amounts from one covered organization to another covered organization shall be treated as a transfer between affiliates if-- 7i7 one of the organizations is an affiliate of the other organization2 or 7ii7 each of the organizations is an affiliate of the same organization1 except that the transfer shall not be treated as a transfer between affiliates if one of the organizations is established for the purpose of making campaign-related disbursements4 7,d7 ,determination of affiliate status ,for purposes of subparagraph 7,c71 a covered organization is an affiliate of another covered organization if-- 7i7 the governing instrument of the organization requires it to be bound by decisions of the other organization2 7ii7 the governing board of the organization includes persons who are specifically designated representatives of the other organization or are members of the governing board1 officers1 or paid executive staff members of the other organization1 or whose service on the governing board is contingent upon the approval of the other organization2 or 7iii7 the organization is chartered by the other organization4 7,e7 ,coverage of transfers to affiliated section #eja7;c77#c7 organizations ,this paragraph shall apply with respect to an amount transferred by a covered organization to an organization described in paragraph 7#c7 of section #eja7;c7 of the ,internal ,revenue ,code of #aihf and exempt from tax under section #eja7;a7 of such ,code in the same manner as this paragraph applies to an amount transferred by a covered organization to another covered organization4 7g7 ,no effect on other reporting requirements ,nothing in this section shall be construed to waive or otherwise affect any other requirement of this ,act which relates to the reporting of campaign-related disbursements4 4 7#b7 ,conforming amendment ,section #cjd7;f77#f7 of such ,act 7#eb ,u4,s4,c4 #cjajd7 is amended by striking ,any requirement and inserting ,except as provided in section #cbd7;b71 any requirement4 7b7 ,coordination with ,fin,c,e,n 7#a7 ,in general ,the ,director of the ,financial ,crimes ,enforcement ,network of the ,department of the ,treasury shall provide the ,federal ,election ,commission with such information as necessary to assist in administering and enforcing section #cbd of the ,federal ,election ,campaign ,act of #aiga1 as added by this section4 7#b7 ,report ,not later than #f months after the date of the enactment of this ,act1 the ,chairman of the ,federal ,election ,commission1 in consultation with the ,director of the ,financial ,crimes ,enforcement ,network of the ,department of the ,treasury1 shall submit to ,congress a report with recommendations for providing further legislative authority to assist in the administration and enforcement of such section #cbd4 ,,iii ,requirements relating to foreign nationals #gba4 ,banning foreign-owned and partially foreign-owned corporations from spending on ,united ,states elections ,section #cai of the ,federal ,election ,campaign ,act of #aiga 7#eb ,u4,s4,c4 #cjaba7 is amended-- 7#a7 in subsection 7a7-- 7,a7 in paragraph 7#a7-- 7i7 in subparagraph 7,a71 by inserting the following before the semicolon3 7including a ,state or local ballot initiative or referendum71 including any disbursement to a political committee which accepts donations or contributions that do not comply with the limitations1 prohibitions1 and reporting requirements of this ,act 7or any disbursement to or on behalf of any account of a political committee which is established for the purpose of accepting such donations or contributions72 7ii7 in subparagraph 7,b71 by striking or at the end2 7iii7 in subparagraph 7,c71 by striking expenditure and all that follows through 2 or and inserting expenditure22 and 7iv7 by adding at the end the following new subparagraphs3 7,d7 an independent expenditure2 7,e7 a disbursement for an electioneering communication 7within the meaning of section #cjd7;f77#c772 7,f7 a disbursement for a paid internet or paid digital communication that refers to a clearly identified candidate for election for ,federal office and is disseminated within #fj days before a general1 special or runoff election for the office sought by the candidate or #cj days before a primary or preference election1 or a convention or caucus of a political party that has authority to nominate a candidate for the office sought by the candidate2 7,g7 a disbursement for a broadcast1 cable or satellite communication1 or for a paid internet or paid digital communication1 that promotes1 supports1 attacks or opposes the election of a clearly identified candidate for ,federal1 ,state1 or local office 7regardless of whether the communication contains express advocacy or the functional equivalent of express advocacy72 or 7,h7 a disbursement for a broadcast1 cable1 or satellite communication1 or for a paid internet or paid digital communication1 that discusses a national legislative issue of public importance in a year in which a regularly scheduled general election for ,federal office is held and is made for the purpose of influencing an election held during that year1 but only if the disbursement is made by a foreign principal who is a government of a foreign country or a foreign political party or an agent of such a foreign principal as defined under section #a of the ,foreign ,agents ,registration ,act of #aich 7#bb ,u4,s4,c4 #faa72 2 7,b7 in paragraph 7#b71 by striking the period at the end and inserting 2 or2 and 7,c7 by adding at the end the following new paragraph3 7#c7 a foreign national to direct1 dictate1 control1 or directly or indirectly participate in the decision-making process of any person 7including a corporation1 labor organization1 political committee1 or political organization7 with regard to the ,federal or non-,federal election-related activity of such person1 including any decision concerning the making of contributions1 donations1 expenditures1 or disbursements in connection with an election for any ,federal1 ,state1 or local office or any decision concerning the administration of a political committee4 2 7#b7 in subsection 7b7-- 7,a7 in paragraph 7#a71 by striking or at the end2 7,b7 in paragraph 7#b71 by striking the period at the end and inserting 2 or2 and 7,c7 by adding at the end the following new paragraph3 7#c7 any for-profit corporation1 company1 limited liability company1 limited partnership1 business trust1 business association1 or other similar entity1 which is not a foreign national described in paragraph 7#a7 and-- 7,a7 in which a foreign national described in paragraph 7#a7 or 7#b7 or a foreign business as defined in subsection 7d7 directly or indirectly holds1 owns1 controls1 or otherwise has direct or indirect beneficial ownership of #a percent or more of the total equity1 outstanding voting shares1 membership units1 or other applicable ownership interests of the entity2 7,b7 in which two or more foreign nationals described in paragraph 7#a7 or 7#b7 or foreign businesses as so defined1 in aggregate1 directly1 or indirectly hold1 own1 control1 or otherwise have direct or indirect beneficial ownership of five percent or more of the total equity1 outstanding voting shares1 membership units1 or other applicable ownership interests of the entity2 7,c7 over which one or more foreign nationals described in paragraph 7#a7 or 7#b7 or foreign businesses as so defined has the power to direct1 dictate1 or control the decision-making process of the entity with respect to its interests in the ,united ,states2 or 7,d7 over which one or more foreign nationals described in paragraph 7#a7 or 7#b7 or foreign businesses as so defined has the power to direct1 dictate1 or control the decision-making process of the entity with respect to activities in connection with a ,federal1 ,state1 or local election1 including-- 7i7 the making of a contribution1 donation1 expenditure1 independent expenditure1 or disbursement for an electioneering communication 7within the meaning of section #cjd7;f77#c772 or 7ii7 the administration of a political committee established or maintained by the entity4 2 and 7#c7 by adding at the end the following new subsections3 7c7 ,certification of compliance required for carrying out activity ,prior to the making in connection with an election for ,federal office of any contribution1 donation1 expenditure1 independent expenditure1 or disbursement for an electioneering communication by a covered for-profit entity1 as defined in section #c of the ,lobbying ,disclosure ,act of #aiie 7#b ,u4,s4,c4 #afjb71 during a year1 the chief executive officer of the entity 7or1 if the entity does not have a chief executive officer1 the highest ranking official of the entity71 shall file a certification with the ,commission1 under penalty of perjury1 avowing that the entity is not a foreign national and that a foreign national did not direct1 dictate1 control1 or directly or indirectly participate in the decision-making process relating to such activity in violation of subsection 7a77#c71 unless the chief executive officer or highest ranking official1 if applicable1 has previously filed such a certification within the previous #cj days4 7d7 ,definition of foreign business ,for purposes of this section1 the term foreign business means any for-profit corporation1 company1 limited liability company1 limited partnership1 business trust1 business association1 or other similar entity wherein a foreign national holds1 owns1 controls1 or otherwise has directly or indirectly acquired beneficial ownership of equity or voting shares in an amount that is equal to or greater than #ej percent of the total equity or outstanding voting shares4 4 ,,iv ,additional requirements ,a ,campaign ,finance #gca4 ,clarification on treatment of information used to influence an election for ,federal office as a contribution2 clarification regarding purpose of influencing an election for ,federal office 7a7 ,in general ,section #cja7h7 of the ,federal ,election ,campaign ,act of #aiga 7#eb ,u4,s4,c4 #cjaja7h77 is amended by adding at the end the following new subparagraph3 7,c7 ,for purposes of subparagraph 7,a77i7 and section #cai7;a77#a77;,a71 material1 non-public information1 including opposition research1 intended to be used for the purpose of influencing an election for ,federal office as described in subparagraph 7,a77i71 or in the case of section #cai7;a77#a77;,a71 in connection with a ,federal1 ,state1 or local election1 shall be considered a thing of value without regard to whether the information provided has monetary value4 4 7b7 ,clarification regarding purpose of influencing an election 7#a7 ,contributions ,section #cja7h77;,a77i7 of such ,act 7#eb ,u4,s4,c4 #cjaja7h77;,a77i77 is amended by inserting the following before the semicolon3 7whether in whole or in part1 or with the predictable effect of1 influencing an election for ,federal office74 7#b7 ,expenditures ,section #cja7i77;,a77i7 of such ,act 7#eb ,u4,s4,c4 #cjaja7i77;,a77i77 is amended by inserting the following before the semicolon3 7whether in whole or in part1 or with the predictable effect of1 influencing an election for ,federal office74 7c7 ,application of penalties ,section #cji7;d77#a77;,a77ii7 of the such ,act 7#eb ,u4,s4,c4 #cjaji7;d77#a77;,a77ii77 is amended-- 7#a7 by striking #b1jjj or more 7but less than #be1jjj7 and inserting less than #be1jjj2 and 7#b7 by inserting or involving information described in section #cja7h77;,c71 and which has a value that is not ascertainable after during a calendar year4 #gcb4 ,prohibition on ,super ,,pac-,candidate coordination 7a7 ,clarification of treatment of coordinated expenditures as contributions to candidates 7#a7 ,treatment as contribution to candidate ,section #cja7h77;,a7 of the ,federal ,election ,campaign ,act of #aiga 7#eb ,u4,s4,c4 #cjaja7h77;,a771 as amended by section #gca1 is amended-- 7,a7 by striking or at the end of clause 7i72 7,b7 by striking the period at the end of clause 7ii7 and inserting 2 or2 and 7,c7 by adding at the end the following new clause3 7iii7 any payment made by any person 7other than a candidate1 an authorized committee of a candidate1 or a political committee of a political party7 for a coordinated expenditure 7as such term is defined in section #cbh7 which is not otherwise treated as a contribution under clause 7i7 or clause 7ii74 4 7#b7 ,definitions ,title ,,iii of such ,act 7#eb ,u4,s4,c4 #cjaja et seq471 as amended by sections #ada1 #gja1 and #gab1 is amended by adding at the end the following new section3 #cbh4 ,payments for coordinated expenditures 7a7 ,coordinated expenditures 7#a7 ,in general ,for purposes of section #cja7h77;,a77iii71 the term coordinated expenditure means-- 7,a7 any expenditure1 or any payment for a covered communication described in subsection 7d71 which is made in cooperation1 consultation1 or concert with1 or at the request or suggestion of1 a candidate1 an authorized committee of a candidate1 a political committee of a political party1 or agents of the candidate or committee1 as defined in subsection 7b72 or 7,b7 any payment for any communication which republishes1 disseminates1 or distributes1 in whole or in part1 any video or broadcast or any written1 graphic1 or other form of campaign material prepared by the candidate or committee or by agents of the candidate or committee 7including any excerpt or use of any video from any such broadcast or written1 graphic1 or other form of campaign material74 7#b7 ,exception for payments for certain communications ,a payment for a communication 7including a covered communication described in subsection 7d77 shall not be treated as a coordinated expenditure under this subsection if-- 7,a7 the communication appears in a news story1 commentary1 or editorial distributed through the facilities of any broadcasting station1 newspaper1 magazine1 or other periodical publication1 unless such facilities are owned or controlled by any political party1 political committee1 or candidate2 or 7,b7 the communication constitutes a candidate debate or forum conducted pursuant to regulations adopted by the ,commission pursuant to section #cjd7;f77#c77;,b77iii71 or which solely promotes such a debate or forum and is made by or on behalf of the person sponsoring the debate or forum4 7b7 ,coordination described 7#a7 ,in general ,for purposes of this section1 a payment is made in cooperation1 consultation1 or concert with1 or at the request or suggestion of1 a candidate1 an authorized committee of a candidate1 a political committee of a political party1 or agents of the candidate or committee1 if the payment1 or any communication for which the payment is made1 is not made entirely independently of the candidate1 committee1 or agents4 ,for purposes of the previous sentence1 a payment or communication not made entirely independently of the candidate or committee includes any payment or communication made pursuant to any general or particular understanding with1 or pursuant to any communication with1 the candidate1 committee1 or agents about the payment or communication4 7#b7 ,no finding of coordination based solely on sharing of information regarding legislative or policy position ,for purposes of this section1 a payment shall not be considered to be made by a person in cooperation1 consultation1 or concert with1 or at the request or suggestion of1 a candidate or committee1 solely on the grounds that the person or the person's agent engaged in discussions with the candidate or committee1 or with any agent of the candidate or committee1 regarding that person's position on a legislative or policy matter 7including urging the candidate or committee to adopt that person's position71 so long as there is no communication between the person and the candidate or committee1 or any agent of the candidate or committee1 regarding the candidate's or committee's campaign advertising1 message1 strategy1 policy1 polling1 allocation of resources1 fundraising1 or other campaign activities4 7#c7 ,no effect on party coordination standard ,nothing in this section shall be construed to affect the determination of coordination between a candidate and a political committee of a political party for purposes of section #cae7;d74 7#d7 ,no safe harbor for use of firewall ,a person shall be determined to have made a payment in cooperation1 consultation1 or concert with1 or at the request or suggestion of1 a candidate or committee1 in accordance with this section without regard to whether or not the person established and used a firewall or similar procedures to restrict the sharing of information between individuals who are employed by or who are serving as agents for the person making the payment4 7c7 ,payments by coordinated spenders for covered communications 7#a7 ,payments made in cooperation1 consultation1 or concert with candidates ,for purposes of subsection 7a77#a77;,a71 if the person who makes a payment for a covered communication1 as defined in subsection 7d71 is a coordinated spender under paragraph 7#b7 with respect to the candidate as described in subsection 7d77#a71 the payment for the covered communication is made in cooperation1 consultation1 or concert with the candidate4 7#b7 ,coordinated spender defined ,for purposes of this subsection1 the term coordinated spender means1 with respect to a candidate or an authorized committee of a candidate1 a person 7other than a political committee of a political party7 for which any of the following applies3 7,a7 ,during the #d-year period ending on the date on which the person makes the payment1 the person was directly or indirectly formed or established by or at the request or suggestion of1 or with the encouragement of1 the candidate 7including an individual who later becomes a candidate7 or committee or agents of the candidate or committee1 including with the approval of the candidate or committee or agents of the candidate or committee4 7,b7 ,the candidate or committee or any agent of the candidate or committee solicits funds1 appears at a fundraising event1 or engages in other fundraising activity on the person's behalf during the election cycle involved1 including by providing the person with names of potential donors or other lists to be used by the person in engaging in fundraising activity1 regardless of whether the person pays fair market value for the names or lists provided4 ,for purposes of this subparagraph1 the term election cycle means1 with respect to an election for ,federal office1 the period beginning on the day after the date of the most recent general election for that office 7or1 if the general election resulted in a runoff election1 the date of the runoff election7 and ending on the date of the next general election for that office 7or1 if the general election resulted in a runoff election1 the date of the runoff election74 7,c7 ,the person is established1 directed1 or managed by the candidate or committee or by any person who1 during the #d-year period ending on the date on which the person makes the payment1 has been employed or retained as a political1 campaign media1 or fundraising adviser or consultant for the candidate or committee or for any other entity directly or indirectly controlled by the candidate or committee1 or has held a formal position with the candidate or committee 7including a position as an employee of the office of the candidate at any time the candidate held any ,federal1 ,state1 or local public office during the #d-year period74 7,d7 ,the person has retained the professional services of any person who1 during the #b-year period ending on the date on which the person makes the payment1 has provided or is providing professional services relating to the campaign to the candidate or committee1 without regard to whether the person providing the professional services used a firewall4 ,for purposes of this subparagraph1 the term professional services includes any services in support of the candidate's or committee's campaign activities1 including advertising1 message1 strategy1 policy1 polling1 allocation of resources1 fundraising1 and campaign operations1 but does not include accounting or legal services4 7,e7 ,the person is established1 directed1 or managed by a member of the immediate family of the candidate1 or the person or any officer or agent of the person has had more than incidental discussions about the candidate's campaign with a member of the immediate family of the candidate4 ,for purposes of this subparagraph1 the term immediate family has the meaning given such term in section #ijjd7;e7 of the ,internal ,revenue ,code of #aihf4 7d7 ,covered communication defined 7#a7 ,in general ,for purposes of this section1 the term covered communication means1 with respect to a candidate or an authorized committee of a candidate1 a public communication 7as defined in section #cja7bb77 which-- 7,a7 expressly advocates the election of the candidate or the defeat of an opponent of the candidate 7or contains the functional equivalent of express advocacy72 7,b7 promotes or supports the election of the candidate1 or attacks or opposes the election of an opponent of the candidate 7regardless of whether the communication expressly advocates the election or defeat of a candidate or contains the functional equivalent of express advocacy72 or 7,c7 refers to the candidate or an opponent of the candidate but is not described in subparagraph 7,a7 or subparagraph 7,b71 but only if the communication is disseminated during the applicable election period4 7#b7 ,applicable election period ,in paragraph 7#a77;,c71 the applicable election period with respect to a communication means-- 7,a7 in the case of a communication which refers to a candidate in a general1 special1 or runoff election1 the #abj-;day period which ends on the date of the election2 or 7,b7 in the case of a communication which refers to a candidate in a primary or preference election1 or convention or caucus of a political party that has authority to nominate a candidate1 the #fj-;day period which ends on the date of the election or convention or caucus4 7#c7 ,special rules for communications involving congressional candidates ,for purposes of this subsection1 a public communication shall not be considered to be a covered communication with respect to a candidate for election for an office other than the office of ,president or ,vice ,president unless it is publicly disseminated or distributed in the jurisdiction of the office the candidate is seeking4 7e7 ,penalty 7#a7 ,determination of amount ,any person who knowingly and willfully commits a violation of this ,act by making a contribution which consists of a payment for a coordinated expenditure shall be fined an amount equal to the greater of-- 7,a7 in the case of a person who makes a contribution which consists of a payment for a coordinated expenditure in an amount exceeding the applicable contribution limit under this ,act1 #cjj percent of the amount by which the amount of the payment made by the person exceeds such applicable contribution limit2 or 7,b7 in the case of a person who is prohibited under this ,act from making a contribution in any amount1 #cjj percent of the amount of the payment made by the person for the coordinated expenditure4 7#b7 ,joint and several liability ,any director1 manager1 or officer of a person who is subject to a penalty under paragraph 7#a7 shall be jointly and severally liable for any amount of such penalty that is not paid by the person prior to the expiration of the #a-year period which begins on the date the ,commission imposes the penalty or the #a-year period which begins on the date of the final judgment following any judicial review of the ,commission's action1 whichever is later4 4 7#c7 ,effective date 7,a7 ,repeal of existing regulations on coordination ,effective upon the expiration of the #ij-;day period which begins on the date of the enactment of this ,act-- 7i7 the regulations on coordinated communications adopted by the ,federal ,election ,commission which are in effect on the date of the enactment of this ,act 7as set forth in #aa ,,cfr ,part #aji1 ,subpart ,c1 under the heading ,coordination7 are repealed2 and 7ii7 the ,federal ,election ,commission shall promulgate new regulations on coordinated communications which reflect the amendments made by this ,act4 7,b7 ,effective date ,the amendments made by this subsection shall apply with respect to payments made on or after the expiration of the #abj-;day period which begins on the date of the enactment of this ,act1 without regard to whether or not the ,federal ,election ,commission has promulgated regulations in accordance with paragraph 7#a77;,b7 as of the expiration of such period4 7b7 ,clarification of ban on fundraising for super ,p,a,cs by ,federal candidates and officeholders ,section #cbc7;e77#a7 of the ,federal ,election ,campaign ,act of #aiga 7#eb ,u4,s4,c4 #cjabe7;e77#a77 is amended-- 7#a7 by striking or at the end of subparagraph 7,a72 7#b7 by striking the period at the end of subparagraph 7,b7 and inserting 2 or2 and 7#c7 by adding at the end the following new subparagraph3 7,c7 solicit1 receive1 direct1 or transfer funds to or on behalf of any political committee which accepts donations or contributions that do not comply with the limitations1 prohibitions1 and reporting requirements of this ,act 7or to or on behalf of any account of a political committee which is established for the purpose of accepting such donations or contributions71 or to or on behalf of any political organization under section #ebg of the ,internal ,revenue ,code of #aihf which accepts such donations or contributions 7other than a committee of a ,state or local political party or a candidate for election for ,state or local office74 4 #gcc4 ,disclosure of major donors1 bundlers1 and finance events in presidential campaigns ,section #cjd of the ,federal ,election ,campaign ,act of #aiga 7#eb ,u4,s4,c4 #cjajd71 as amended by section #ada1 is amended by adding at the end the following new subsection3 7i7 ,disclosure of major donors1 bundlers1 and finance events in ,presidential campaigns ,each report under this section by an authorized committee of a candidate for the ,office of ,president shall include the following information with respect to the reporting period3 7#a7 ,the names and addresses of all donors1 bundlers1 and fundraisers who are given titles1 including national or regional finance committee members4 7#b7 ,the names and addresses of all members of fundraiser host committees4 7#c7 ,the names and addresses of all persons specifically invited to campaign fundraisers4 7#d7 ,the dates and locations of all fundraisers4 4 #gcd4 ,lowering contribution limits2 repeal of special contribution limits for contributions to national parties for certain purposes 7a7 ,decrease in individual limits for certain contributions ,section #cae7;a77#a7 of the ,federal ,election ,campaign ,act of #aiga 7#eb ,u4,s4,c4 #cjaaf7;a77#a77 is amended-- 7#a7 in subparagraph 7,a71 by striking #b1jjj and inserting #a1jjj2 and 7#b7 in subparagraph 7,b71 by striking #be1jjj and inserting #aj1jjj4 7b7 ,repeal of special contribution limits for contributions to national parties for certain purposes 7#a7 ,in general ,section #cae7;a7 of the ,federal ,election ,campaign ,act of #aiga 7#eb ,u4,s4,c4 #cjaaf7;a77 is amended-- 7,a7 in paragraph 7#a77;,b71 by striking 1 or1 in the case of contributions made to any of the accounts described in paragraph 7#i71 exceed #cjj percent of the amount otherwise applicable under this subparagraph with respect to such calendar year2 7,b7 in paragraph 7#b77;,b71 by striking 1 or1 in the case of contributions made to any of the accounts described in paragraph 7#i71 exceed #cjj percent of the amount otherwise applicable under this subparagraph with respect to such calendar year2 and 7,c7 by striking paragraph 7#i74 7#b7 ,conforming amendment ,section #cae7;d7 of such ,act 7#eb ,u4,s4,c4 #cjaaf7;d77 is amended by striking paragraph 7#e74 7#c7 ,return of previously contributed amounts ,not later than #ij days after the effective date under subsection 7d71 each political committee established and maintained by a political party shall distribute all amounts in accounts described in section #cae7;a77#i7 of the ,federal ,election ,campaign ,act of #aiga 7#eb ,u4,s4,c4 #cjaaf7;a77#i77 to individuals who made contributions to such accounts4 ,the amount distributed to any contributor form any account shall bear the same ratio to the amount of contributions made by such contributor to such account as the balance of such account on such effective date bears to the total amount of contributions made to such account4 7c7 ,indexing of revised contribution limits ,section #cae7;c7 of the ,federal ,election ,campaign ,act of #aiga 7#b ,u4,s4,c4 #dda;a7c77 is amended-- 7#a7 in paragraph 7#a77;,b7-- 7,a7 by redesignating clauses 7i7 through 7iii7 as subclauses 7,i7 through 7,,iii71 respectively1 and indenting appropriately2 7,b7 in subclause 7,i71 as resdesignated by subparagraph 7,a71 by striking 7a77#a77;,a71 7a77#a77;,b712 7,c7 in subclause 7,,iii71 as redesignated by such subparagraph-- 7i7 by striking clause 7i7 and inserting subclause 7,i72 and 7ii7 by striking the period at the end and inserting 2 and2 7,d7 in the matter preceding subclause 7,i71 as so redesignated1 by striking subparagraph 7,c71 in any calendar year and inserting 8subparagraph 7,c7-- 7i7 in any calendar year 2 and 7,e7 by adding at the end the following new clause3 7ii7 in any calendar year after #bjba-- 7,i7 a limitation established by subsection 7a77#a77;,a7 or 7a77#a77;,b7 shall be increased by the percent difference determined under subparagraph 7,a72 7,,ii7 each amount so increased shall remain in effect for the calendar year2 and 7,,iii7 if any amount after adjustment under subclause 7,i7 is not a multiple of #ajj1 such amount shall be rounded to the nearest multiple of #ajj4 2 and 7#b7 in paragraph 7#b77;,b7-- 7,a7 in clause 7i71 by striking and2 7,b7 in clause 7ii7-- 7i7 by striking 7a77#a77;,a71 7a77#a77;,b71 7a77#c71 and inserting 7a77#c72 and 7ii7 by striking the period and inserting 2 and2 and 7,c7 by adding at the end the following3 7iii7 for purposes of subsections 7a77#a77;,a7 and 7a77#a77;,b71 calendar year #bjbj4 4 7d7 ,effective date ,the amendments made by this section shall apply with respect to contributions made on or after ,january #a1 #bjba4 #gce4 ,restrictions on testing the waters ,section #cae7;a7 of the ,federal ,election ,campaign ,act of #aiga 7#eb ,u4,s4,c4 #cjaaf7;a77 is amended by adding at the end the following new paragraph3 7#aj7 ,for purposes of paragraph 7#g77;,b73 7,a7 ,the term expenditure made in cooperation1 consultation1 or concert with1 or at the request or suggestion of a candidate1 his authorized political committees1 or their agents includes an expenditure made by a person-- 7i7 that during the four years preceding the expenditure 7for the office of ,president7 or during the two years preceding the expenditure 7for all other expenditures7 was directly or indirectly established1 maintained1 controlled1 or principally funded by a candidate1 the candidate's committee1 or an immediate family member of a candidate2 7ii7 that during the four years preceding the expenditure 7for the office of ,president7 or during the two years preceding the expenditure 7for all other expenditures7 employed or otherwise retained the services 7other than accounting or legal services7 of a person who1 whether paid or unpaid1 at any point during the same four-year or two-year period1 had or exercised executive or managerial authority for the candidate1 or acted as an agent of the candidate2 or 7iii7 for whom during the four years preceding the expenditure 7for the office of ,president7 or during the two years preceding the expenditure 7for all other expenditures7 the candidate or candidate's committee solicited funds1 provided non-public fundraising information or strategy1 or appeared as a featured guest at a fundraising event4 7,b7 ,the term expenditure has the meaning given that term in section #cja and section #caf7;b7 and also includes the following1 when conducted by a person described in subparagraph 7,a7 of this paragraph3 7i7 ,a public communication as defined in section #cja7bb7 that-- 7,i7 expressly advocates for the nomination or election of a clearly identified candidate for ,federal office or against the nomination or election of a candidate for such office1 or that is the functional equivalent of such express advocacy2 7,,ii7 promotes or supports a candidate for ,federal office1 or attacks or opposes a candidate for such office 7regardless of whether the communication expressly advocates the election or defeat of a candidate or is the functional equivalent of express advocacy72 or 7,,iii7 refers to a clearly identified candidate for ,federal office at any time from #abj days before a primary election or nominating caucus or convention through the general election1 and is disseminated in the jurisdiction where the election for the office the candidate is seeking is held4 7ii7 ,a disbursement for partisan voter activity 7such as partisan voter registration1 get-out-the-vote activity1 phone banking1 or generic campaign activity7 in the jurisdiction where the election for the office the candidate is seeking is held4 7iii7 ,a disbursement to pay for research1 design1 or production costs1 polling expenses1 data analytics1 creating or purchasing mailing or social media lists1 or other activities related to those described in clause 7i7 or 7ii74 7,c7 ,the term candidate includes any person who is a candidate for ,federal office at the time of the expenditure1 regardless of whether such person was a candidate at the time of the conduct described in subparagraph 7,a74 4 #gcf4 ,personal use ban for leadership ,,pacs ,section #cac7;a7 of the ,federal ,election ,campaign ,act of #aiga 7#eb ,u4,s4,c4 #cjaad7;a77 is amended1 in the matter preceding paragraph 7#a71 by inserting or a leadership ,,pac 7as defined in subsection 7c77#d77 of a candidate after by a candidate4 #gcg4 ,prohibition on joint fundraising committees ,section #cjb7;e7 of the ,federal ,election ,campaign ,act of #aiga 7#eb ,u4,s4,c4 #cjajb7;e77 is amended-- 7#a7 in paragraph 7#c77;,a7-- 7,a7 by striking clause 7ii72 7,b7 in clause 7i71 by striking 2 and and inserting a period2 and 7,c7 by striking except that and all that follows through the candidate and inserting except that the candidate2 and 7#b7 by adding at the end the following new paragraph3 7#f7 ,a political committee may not engage in joint fundraising with other political committees or with unregistered committees or organizations4 4 ,b ,prohibition on the appointment of big donor ambassadors and chiefs of mission #gch4 ,prohibition on the appointment of big donor ambassadors and chiefs of mission ,section #cjd7;a7 of the ,foreign ,service ,act of #aihj 7#bb ,u4,s4,c4 #cidd7;a77 is amended-- 7#a7 in paragraph 7#c7-- 7,a7 by inserting 7,a7 before ,contributions2 7,b7 by striking should not and inserting shall not2 and 7,c7 by adding at the end the following3 8,the ,president may not appoint as chief of mission any individual who has made any contribution or bundled contribution in any amount to the political campaign of the ,president or an authorized committee of the ,president 7as those terms are defined in paragraph 7#d77;,b77ii774 7,b7 ,an individual who would otherwise be prohibited from appointment as chief of mission under subparagraph 7,a7 because of one or more contributions or bundled contributions may be appointed by the ,president if such individual receives a full refund for each such contribution or bundled contribution prior to the ,president providing the report required under paragraph 7#d74 2 and 7#b7 in paragraph 7#d7-- 7,a7 by inserting 7,a7 before ,the ,president2 and 7,b7 by adding at the end the following new subparagraph3 7,b7 7i7 ,the report required under subparagraph 7,a7 shall include-- 7,i7 an explanation of the nominee's knowledge1 if applicable1 of the principal language or dialect of the country in which the individual is to serve1 and knowledge1 if applicable1 of the history1 culture1 economic and political institutions1 and interests of that country and its people2 and 7,,ii7 a certification of the ,president that the nominee1 in accordance with this ,act-- 7aa7 did not make any contributions or bundled contributions in any amount to the political campaign of the ,president or an authorized committee of the ,president at any time preceding the date that the ,committee on ,foreign ,relations of the ,senate receives the nominee's nomination2 or 7bb7 has received a full refund for each such contribution or bundled contribution4 7ii7 ,in this subparagraph1 the terms contribution1 bundled contribution1 and authorized committee have the meanings given those terms in title ,,iii of the ,federal ,election ,campaign ,act of #aiga 7#eb ,u4,s4,c4 #cjaja et seq474 4 ,b ,strengthening ,oversight of ,online ,political ,advertising #gda4 ,expansion of definition of public communication 7a7 ,in general ,paragraph 7#bb7 of section #cja of the ,federal ,election ,campaign ,act of #aiga 7#eb ,u4,s4,c4 #cjaja7bb77 is amended by striking or satellite communication and inserting satellite1 paid internet1 or paid digital communication4 7b7 ,treatment of contributions and expenditures ,section #cja of such ,act 7#eb ,u4,s4,c4 #cjaja7 is amended-- 7#a7 in paragraph 7#h77;,b7-- 7,a7 by striking on broadcasting stations1 or in newspapers1 magazines1 or similar types of general public political advertising in clause 7v7 and inserting in any public communication2 7,b7 by striking broadcasting1 newspaper1 magazine1 billboard1 direct mail1 or similar type of general public communication or political advertising in clause 7ix77#a7 and inserting public communication2 and 7,c7 by striking but not including the use of broadcasting1 newspapers1 magazines1 billboards1 direct mail1 or similar types of general public communication or political advertising in clause 7x7 and inserting but not including use in any public communication2 and 7#b7 in paragraph 7#i77;,b7-- 7,a7 by amending clause 7i7 to read as follows3 7i7 any news story1 commentary1 or editorial distributed through the facilities of any broadcasting station or any print1 online1 or digital newspaper1 magazine1 blog1 publication1 or periodical1 unless such broadcasting1 print1 online1 or digital facilities are owned or controlled by any political party1 political committee1 or candidate2 2 and 7,b7 in clause 7iv71 by striking on broadcasting stations1 or in newspapers1 magazines1 or similar types of general public political advertising and inserting in any public communication4 7c7 ,disclosure and disclaimer statements ,subsection 7a7 of section #cah of such ,act 7#eb ,u4,s4,c4 #cjabj7 is amended-- 7#a7 by striking financing any communication through any broadcasting station1 newspaper1 magazine1 outdoor advertising facility1 mailing1 or any other type of general public political advertising and inserting financing any public communication2 and 7#b7 by striking solicits any contribution through any broadcasting station1 newspaper1 magazine1 outdoor advertising facility1 mailing1 or any other type of general public political advertising and inserting solicits any contribution through any public communication4 #gdb4 ,expansion of definition of electioneering communication 7a7 ,application to qualified internet and digital communications 7#a7 ,in general ,subparagraph 7,a7 of section #cjd7;f77#c7 of the ,federal ,election ,campaign ,act of #aiga 7#eb ,u4,s4,c4 #cjajd7;f77#c77;,a77 is amended by striking or satellite communication each place it appears in clauses 7i7 and 7ii7 and inserting satellite1 or qualified internet or digital communication4 7#b7 ,qualified internet or digital communication ,paragraph 7#c7 of section #cjd7;f7 of such ,act 7#eb ,u4,s4,c4 #cjajd7;f77 is amended by adding at the end the following new subparagraph3 7,d7 ,qualified internet or digital communication ,the term qualified internet or digital communication means any communication which is placed or promoted for a fee on an online platform 7as defined in subsection 7k77#c774 4 7b7 ,nonapplication of relevant electorate to online communications ,section #cjd7;f77#c77;,a77i77,,iii7 of such ,act 7#eb ,u4,s4,c4 #cjajd7;f77#c77;,a77i77,,iii77 is amended by inserting any broadcast1 cable1 or satellite before communication4 7c7 ,news exemption ,section #cjd7;f77#c77;,b77i7 of such ,act 7#eb ,u4,s4,c4 #cjajd7;f77#c77;,b77i77 is amended to read as follows3 7i7 a communication appearing in a news story1 commentary1 or editorial distributed through the facilities of any broadcasting station or any online or digital newspaper1 magazine1 blog1 publication1 or periodical1 unless such broadcasting1 online1 or digital facilities are owned or controlled by any political party1 political committee1 or candidate2 4 #gdc4 ,application of disclaimer statements to online communications 7a7 ,clear and conspicuous manner requirement ,subsection 7a7 of section #cah of the ,federal ,election ,campaign ,act of #aiga 7#eb ,u4,s4,c4 #cjabj7;a77 is amended-- 7#a7 by striking shall clearly state each place it appears in paragraphs 7#a71 7#b71 and 7#c7 and inserting shall state in a clear and conspicuous manner2 and 7#b7 by adding at the end the following flush sentence3 ,for purposes of this section1 a communication does not make a statement in a clear and conspicuous manner if it is difficult to read or hear or if the placement is easily overlooked44 7b7 ,special rules for qualified internet or digital communications 7#a7 ,in general ,section #cah of such ,act 7#eb ,u4,s4,c4 #cjabj7 is amended by adding at the end the following new subsection3 7e7 ,special rules for qualified internet or digital communications 7#a7 ,special rules with respect to statements ,in the case of any communication to which this section applies which is a qualified internet or digital communication 7as defined in section #cjd7;f77#c77;,d77 which is disseminated through a medium in which the provision of all of the information specified in this section is not possible1 the communication shall1 in a clear and conspicuous manner-- 7,a7 state the name of the person who paid for the communication2 and 7,b7 provide a means for the recipient of the communication to obtain the remainder of the information required under this section with minimal effort and without receiving or viewing any additional material other than such required information4 7#b7 ,safe harbor for determining clear and conspicuous manner ,a statement in a qualified internet or digital communication 7as defined in section #cjd7;f77#c77;,d77 shall be considered to be made in a clear and conspicuous manner as provided in subsection 7a7 if the communication meets the following requirements3 7,a7 ,text or graphic communications ,in the case of a text or graphic communication1 the statement-- 7i7 appears in letters at least as large as the majority of the text in the communication2 and 7ii7 meets the requirements of paragraphs 7#b7 and 7#c7 of subsection 7c74 7,b7 ,audio communications ,in the case of an audio communication1 the statement is spoken in a clearly audible and intelligible manner at the beginning or end of the communication and lasts at least #c seconds4 7,c7 ,video communications ,in the case of a video communication which also includes audio1 the statement-- 7i7 is included at either the beginning or the end of the communication2 and 7ii7 is made both in-- 7,i7 a written format that meets the requirements of subparagraph 7,a7 and appears for at least #d seconds2 and 7,,ii7 an audible format that meets the requirements of subparagraph 7,b74 7,d7 ,other communications ,in the case of any other type of communication1 the statement is at least as clear and conspicuous as the statement specified in subparagraph 7,a71 7,b71 or 7,c74 4 7#b7 ,nonapplication of certain exceptions ,the exceptions provided in section #aaj4aa7;f77#a7 7i7 and 7ii7 of title #aa1 ,code of ,federal ,regulations1 or any successor to such rules1 shall have no application to qualified internet or digital communications 7as defined in section #cjd7;f77#c77;,d7 of the ,federal ,election ,campaign ,act of #aiga1 as added by this ,act74 7c7 ,modification of additional requirements for certain communications ,section #cah7;d7 of such ,act 7#eb ,u4,s4,c4 #cjabj7;d77 is amended-- 7#a7 in paragraph 7#a77;,a7-- 7,a7 by striking which is transmitted through radio and inserting which is in an audio format2 and 7,b7 by striking ,by radio in the heading and inserting ,audio format2 7#b7 in paragraph 7#a77;,b7-- 7,a7 by striking which is transmitted through television and inserting which is in video format2 and 7,b7 by striking ,by television in the heading and inserting ,video format2 and 7#c7 in paragraph 7#b7-- 7,a7 by striking transmitted through radio or television and inserting made in audio or video format2 and 7,b7 by striking through television in the second sentence and inserting in video format4 #gdd4 ,political record requirements for online platforms 7a7 ,in general ,section #cjd of the ,federal ,election ,campaign ,act of #aiga 7#eb ,u4,s4,c4 #cjajd71 as amended by sections #ada and #gcc1 is further amended by adding at the end the following new subsection3 7j7 ,disclosure of certain online advertisements 7#a7 ,in general 7,a7 ,requirements for online platforms ,an online platform shall maintain1 and make available for online public inspection in machine readable format1 a complete record of any request to purchase on such online platform a qualified political advertisement which is made by a person whose aggregate requests to purchase qualified political advertisements on such online platform during the calendar year exceeds #ejj4 7,b7 ,requirements for advertisers ,any person who requests to purchase a qualified political advertisement on an online platform shall provide the online platform with such information as is necessary for the online platform to comply with the requirements of subparagraph 7,a74 7#b7 ,contents of record ,a record maintained under paragraph 7#a77;,a7 shall contain-- 7,a7 a digital copy of the qualified political advertisement2 7,b7 a description of the audience targeted by the advertisement1 the number of views generated from the advertisement1 and the date and time that the advertisement is first displayed and last displayed2 and 7,c7 information regarding-- 7i7 the average rate charged for the advertisement2 7ii7 the name of the candidate to which the advertisement refers and the office to which the candidate is seeking election1 the election to which the advertisement refers1 or the national legislative issue to which the advertisement refers 7as applicable72 7iii7 in the case of a request made by1 or on behalf of1 a candidate1 the name of the candidate1 the authorized committee of the candidate1 and the treasurer of such committee2 and 7iv7 in the case of any request not described in clause 7iii71 the name of the person purchasing the advertisement1 the name1 address1 and phone number of a contact person for such person1 and a list of the chief executive officers or members of the executive committee or of the board of directors of such person4 7#c7 ,online platform ,for purposes of this subsection1 the term online platform means any public-facing website1 web application1 or digital application 7including a social network1 ad network1 or search engine7 which-- 7,a7 sells qualified political advertisements2 and 7,b7 has #ej1jjj1jjj or more unique monthly ,united ,states visitors or users for a majority of months during the preceding #ab months4 7#d7 ,qualified political advertisement ,for purposes of this subsection1 the term qualified political advertisement means any advertisement 7including search engine marketing1 display advertisements1 video advertisements1 native advertisements1 and sponsorships7 that-- 7,a7 is made by or on behalf of a candidate2 or 7,b7 communicates a message relating to any political matter of national importance1 including-- 7i7 a candidate2 7ii7 any election to ,federal office2 or 7iii7 a national legislative issue of public importance4 7#e7 ,time to maintain file ,the information required under this subsection shall be made available as soon as possible and shall be retained by the online platform for a period of not less than #d years4 7#f7 ,penalties ,for penalties for failure by online platforms1 and persons requesting to purchase a qualified political advertisement on online platforms1 to comply with the requirements of this subsection1 see section #cji4 4 7b7 ,rulemaking ,not later than #ij days after the date of the enactment of this ,act1 the ,federal ,election ,commission shall establish rules-- 7#a7 requiring common data formats for the record required to be maintained under section #cjd7;j7 of the ,federal ,election ,campaign ,act of #aiga 7as added by subsection 7a77 so that all online platforms submit and maintain data online in a common1 machine-readable and publicly accessible format2 and 7#b7 establishing search interface requirements relating to such record1 including searches by candidate name1 issue1 purchaser1 and date4 7c7 ,reporting ,not later than #b years after the date of the enactment of this ,act1 and biannually thereafter1 the ,chairman of the ,federal ,election ,commission shall submit a report to ,congress on-- 7#a7 matters relating to compliance with and the enforcement of the requirements of section #cjd7;j7 of the ,federal ,election ,campaign ,act of #aiga1 as added by subsection 7a72 7#b7 recommendations for any modifications to such section to assist in carrying out its purposes2 and 7#c7 identifying ways to bring transparency and accountability to political advertisements distributed online for free4 #gde4 ,preventing contributions1 expenditures1 independent expenditures1 and disbursements for electioneering communications by foreign nationals in the form of online advertising ,section #cai of the ,federal ,election ,campaign ,act of #aiga 7#eb ,u4,s4,c4 #cjaba71 as amended by section #gba1 is amended by adding at the end the following new subsection3 7e7 ,each television or radio broadcast station1 provider of cable or satellite television1 or online platform 7as defined in section #cjd7k77#c77 shall exercise due diligence to ensure that communications described in section #cah7;a7 and made available by such station1 provider1 or platform are not purchased by a foreign national1 directly or indirectly4 4 ,c ,public ,financing ,i ,small ,dollar ,financing of ,senate ,election ,campaigns #gea4 ,eligibility requirements and benefits of fair elections financing of senate election campaigns ,the ,federal ,election ,campaign ,act of #aiga 7#eb ,u4,s4,c4 #cjaja et seq47 is amended by adding at the end the following3 ,v ,fair ,elections ,financing of ,senate ,election ,campaigns ,a ,general provisions #eja4 ,definitions ,in this title3 7#a7 ,allocation from the fund ,the term allocation from the ,fund means an allocation of money from the ,freedom ,from ,influence ,fund to a participating candidate pursuant to section #ebb4 7#b7 ,commission ,the term ,commission means the ,federal ,election ,commission4 7#c7 ,enhanced matching contribution ,the term enhanced matching contribution means an enhanced matching payment provided to a participating candidate for qualified small dollar contributions1 as provided under section #ebd4 7#d7 ,enhanced support qualifying period ,the term enhanced support qualifying period means1 with respect to a general election1 the period which begins #fj days before the date of the election and ends #ad days before the date of the election4 7#e7 ,fair elections qualifying period ,the term ,fair ,elections qualifying period means1 with respect to any candidate for ,senator1 the period-- 7,a7 beginning on the date on which the candidate files a statement of intent under section #eaa7;a77#a72 and 7,b7 ending on the date that is #cj days before-- 7i7 the date of the primary election2 or 7ii7 in the case of a ,state that does not hold a primary election1 the date prescribed by ,state law as the last day to qualify for a position on the general election ballot4 7#f7 ,fair elections start date ,the term ,fair ,elections start date means1 with respect to any candidate1 the date that is #ahj days before-- 7,a7 the date of the primary election2 or 7,b7 in the case of a ,state that does not hold a primary election1 the date prescribed by ,state law as the last day to qualify for a position on the general election ballot4 7#g7 ,fund ,the term ,fund means the ,freedom ,from ,influence ,fund established by section #ejb4 7#h7 ,immediate family ,the term immediate family means1 with respect to any candidate-- 7,a7 the candidate's spouse2 7,b7 a child1 stepchild1 parent1 grandparent1 brother1 half-brother1 sister1 or half-sister of the candidate or the candidate's spouse2 and 7,c7 the spouse of any person described in subparagraph 7,b74 7#i7 ,matching contribution ,the term matching contribution means a matching payment provided to a participating candidate for qualified small dollar contributions1 as provided under section #ebc4 7#aj7 ,nonparticipating candidate ,the term nonparticipating candidate means a candidate for ,senator who is not a participating candidate4 7#aa7 ,participating candidate ,the term participating candidate means a candidate for ,senator who is certified under section #ead as being eligible to receive an allocation from the ,fund4 7#ab7 ,qualifying contribution ,the term qualifying contribution means1 with respect to a candidate1 a contribution that-- 7,a7 is in an amount that is-- 7i7 not less than the greater of #e or the amount determined by the ,commission under section #eca2 and 7ii7 not more than the greater of #bjj or the amount determined by the ,commission under section #eca2 7,b7 is made by an individual-- 7i7 who is a resident of the ,state in which such candidate is seeking election2 and 7ii7 who is not otherwise prohibited from making a contribution under this ,act2 7,c7 is made during the ,fair ,elections qualifying period2 and 7,d7 meets the requirements of section #eab7;b74 7#ac7 ,qualified small dollar contribution ,the term qualified small dollar contribution means1 with respect to a candidate1 any contribution 7or series of contributions7-- 7,a7 which is not a qualifying contribution 7or does not include a qualifying contribution72 7,b7 which is made by an individual who is not prohibited from making a contribution under this ,act2 and 7,c7 the aggregate amount of which does not exceed the greater of-- 7i7 #bjj per election2 or 7ii7 the amount per election determined by the ,commission under section #eca4 7#ad7 ,qualifying multicandidate political committee contribution 7,a7 ,in general ,the term qualifying multicandidate political committee contribution means any contribution to a candidate that is made from a qualified account of a multicandidate political committee 7within the meaning of section #cae7;a77#b774 7,b7 ,qualified account ,for purposes of subparagraph 7,a71 the term qualified account means1 with respect to a multicandidate political committee1 a separate1 segregated account of the committee that consists solely of contributions which meet the following requirements3 7i7 ,all contributions to such account are made by individuals who are not prohibited from making contributions under this ,act4 7ii7 ,the aggregate amount of contributions from each individual to such account and all other accounts of the political committee do not exceed the amount described in paragraph 7#ac77;,c74 #ejb4 ,freedom from influence fund 7a7 ,establishment ,there is established in the ,treasury a fund to be known as the ,freedom ,from ,influence ,fund4 7b7 ,amounts held by fund ,the ,fund shall consist of the following amounts3 7#a7 ,assessments against fines1 settlements1 and penalties ,amounts transferred under section #cjae of title #ah1 ,united ,states ,code1 section #igjg of title #ca1 ,united ,states ,code1 and section #fgfa of the ,internal ,revenue ,code of #aihf4 7#b7 ,deposits ,amounts deposited into the ,fund under-- 7,a7 section #eac7;c7 7relating to exceptions to contribution requirements72 7,b7 section #eba7;c7 7relating to remittance of unused payments from the ,fund72 and 7,c7 section #ecb 7relating to violations74 7#c7 ,investment returns ,interest on1 and the proceeds from1 the sale or redemption of any obligations held by the ,fund under subsection 7c74 7c7 ,investment ,the ,commission shall invest portions of the ,fund in obligations of the ,united ,states in the same manner as provided under section #ifjb7;b7 of the ,internal ,revenue ,code of #aihf4 7d7 ,use of fund ,to make payments to participating candidates 7#a7 ,payments to participating candidates ,amounts in the ,fund shall be available without further appropriation or fiscal year limitation to make payments to participating candidates as provided in this title4 7#b7 ,mandatory reduction of payments in case of insufficient amounts in fund 7,a7 ,advance audits by commission ,not later than #ij days before the first day of each election cycle 7beginning with the first election cycle that begins after the date of the enactment of this title71 the ,commission shall-- 7i7 audit the ,fund to determine whether the amounts in the ,fund will be sufficient to make payments to participating candidates in the amounts provided in this title during such election cycle2 and 7ii7 submit a report to ,congress describing the results of the audit4 7,b7 ,reductions in amount of payments 7i7 ,automatic reduction on pro rata basis ,if1 on the basis of the audit described in subparagraph 7,a71 the ,commission determines that the amount anticipated to be available in the ,fund with respect to the election cycle involved is not1 or may not be1 sufficient to satisfy the full entitlements of participating candidates to payments under this title for such election cycle1 the ,commission shall reduce each amount which would otherwise be paid to a participating candidate under this title by such pro rata amount as may be necessary to ensure that the aggregate amount of payments anticipated to be made with respect to the election cycle will not exceed the amount anticipated to be available for such payments in the ,fund with respect to such election cycle4 7ii7 ,restoration of reductions in case of availability of sufficient funds during election cycle ,if1 after reducing the amounts paid to participating candidates with respect to an election cycle under clause 7i71 the ,commission determines that there are sufficient amounts in the ,fund to restore the amount by which such payments were reduced 7or any portion thereof71 to the extent that such amounts are available1 the ,commission may make a payment on a pro rata basis to each such participating candidate with respect to the election cycle in the amount by which such candidate's payments were reduced under clause 7i7 7or any portion thereof1 as the case may be74 7iii7 ,no use of amounts from other sources ,in any case in which the ,commission determines that there are insufficient moneys in the ,fund to make payments to participating candidates under this title1 moneys shall not be made available from any other source for the purpose of making such payments4 7e7 ,use of fund ,to make other payments ,in addition to the use described in subsection 7d71 amounts in the ,fund shall be available without further appropriation or fiscal year limitation-- 7#a7 to make payments under chapter #ie of subtitle ,h of the ,internal ,revenue ,code of #aihf pursuant to sections #ijjf7;b7 and #ijjh7;j7 of such ,code1 subject to reductions under section #ijac7;b7 of such ,code2 and 7#b7 to make payments to candidates under chapter #if of subtitle ,h of the ,internal ,revenue ,code of #aihf1 subject to reductions under section #ijdc7;b7 of such ,code4 7f7 ,effective date ,this section shall take effect on the date of the enactment of this title4 ,b ,eligibility and certification #eaa4 ,eligibility 7a7 ,in general ,a candidate for ,senator is eligible to receive an allocation from the ,fund for any election if the candidate meets the following requirements3 7#a7 ,the candidate files with the ,commission a statement of intent to seek certification as a participating candidate under this title during the period beginning on the ,fair ,elections start date and ending on the last day of the ,fair ,elections qualifying period4 7#b7 ,the candidate meets the qualifying contribution requirements of section #eab4 7#c7 ,not later than the last day of the ,fair ,elections qualifying period1 the candidate files with the ,commission an affidavit signed by the candidate and the treasurer of the candidate's principal campaign committee declaring that the candidate-- 7,a7 has complied and1 if certified1 will comply with the contribution and expenditure requirements of section #eac2 7,b7 if certified1 will not run as a nonparticipating candidate during such year in any election for the office that such candidate is seeking2 and 7,c7 has either qualified or will take steps to qualify under ,state law to be on the ballot4 7b7 ,general election ,notwithstanding subsection 7a71 a candidate shall not be eligible to receive an allocation from the ,fund for a general election or a general runoff election unless the candidate's party nominated the candidate to be placed on the ballot for the general election or the candidate otherwise qualified to be on the ballot under ,state law4 #eab4 ,qualifying contribution requirement 7a7 ,in general ,a candidate for ,senator meets the requirement of this section if1 during the ,fair ,elections qualifying period1 the candidate obtains-- 7#a7 a number of qualifying contributions equal to the greater of-- 7,a7 the sum of-- 7i7 #b1jjj2 plus 7ii7 #ejj for each congressional district in the ,state with respect to which the candidate is seeking election2 or 7,b7 the amount determined by the ,commission under section #eca2 and 7#b7 a total dollar amount of qualifying contributions equal to the greater of-- 7,a7 #aj percent of the amount of the allocation such candidate would be entitled to receive for the primary election under section #ebb7;c77#a7 7determined without regard to paragraph 7#e7 thereof7 if such candidate were a participating candidate2 or 7,b7 the amount determined by the ,commission under section #eca4 7b7 ,requirements relating to receipt of qualifying contribution ,each qualifying contribution-- 7#a7 may be made by means of a personal check1 money order1 debit card1 credit card1 or electronic payment account2 7#b7 shall be accompanied by a signed statement containing-- 7,a7 the contributor's name and the contributor's address in the ,state in which the contributor is registered to vote2 and 7,b7 an oath declaring that the contributor-- 7i7 understands that the purpose of the qualifying contribution is to show support for the candidate so that the candidate may qualify for ,fair ,elections financing2 7ii7 is making the contribution in his or her own name and from his or her own funds2 7iii7 has made the contribution willingly2 and 7iv7 has not received anything of value in return for the contribution2 and 7#c7 shall be acknowledged by a receipt that is sent to the contributor with a copy kept by the candidate for the ,commission and a copy kept by the candidate for the election authorities in the ,state with respect to which the candidate is seeking election4 7c7 ,verification of qualifying contributions ,the ,commission shall establish procedures for the auditing and verification of qualifying contributions to ensure that such contributions meet the requirements of this section4 #eac4 ,contribution and expenditure requirements 7a7 ,general rule ,a candidate for ,senator meets the requirements of this section if1 during the election cycle of the candidate1 the candidate-- 7#a7 except as provided in subsection 7b71 accepts no contributions other than-- 7,a7 qualifying contributions2 7,b7 qualified small dollar contributions2 7,c7 qualifying multicandidate political committee contributions2 7,d7 allocations from the ,fund under section #ebb2 7,e7 matching contributions under section #ebc2 7,f7 enhanced matching contributions under section #ebd2 and 7,g7 vouchers provided to the candidate under section #ebe2 7#b7 makes no expenditures from any amounts other than from-- 7,a7 qualifying contributions2 7,b7 qualified small dollar contributions2 7,c7 qualifying multicandidate political committee contributions2 7,d7 allocations from the ,fund under section #ebb2 7,e7 matching contributions under section #ebc2 7,f7 enhanced matching contributions under section #ebd2 and 7,g7 vouchers provided to the candidate under section #ebe2 and 7#c7 makes no expenditures from personal funds or the funds of any immediate family member 7other than funds received through qualified small dollar contributions and qualifying contributions74 ,for purposes of this subsection1 a payment made by a political party in coordination with a participating candidate shall not be treated as a contribution to or as an expenditure made by the participating candidate4 7b7 ,contributions for leadership ,p,a,cs1 etc ,a political committee of a participating candidate which is not an authorized committee of such candidate may accept contributions other than contributions described in subsection 7a77#a7 from any person if-- 7#a7 the aggregate contributions from such person for any calendar year do not exceed #bjj2 and 7#b7 no portion of such contributions is disbursed in connection with the campaign of the participating candidate4 7c7 ,exception ,notwithstanding subsection 7a71 a candidate shall not be treated as having failed to meet the requirements of this section if any contributions that are not qualified small dollar contributions1 qualifying contributions1 qualifying multicandidate political committee contributions1 or contributions that meet the requirements of subsection 7b7 and that are accepted before the date the candidate files a statement of intent under section #eaa7;a77#a7 are-- 7#a7 returned to the contributor2 or 7#b7 submitted to the ,commission for deposit in the ,fund4 #ead4 ,certification 7a7 ,in general ,not later than #e days after a candidate for ,senator files an affidavit under section #eaa7;a77#c71 the ,commission shall-- 7#a7 certify whether or not the candidate is a participating candidate2 and 7#b7 notify the candidate of the ,commission's determination4 7b7 ,revocation of certification 7#a7 ,in general ,the ,commission may revoke a certification under subsection 7a7 if-- 7,a7 a candidate fails to qualify to appear on the ballot at any time after the date of certification2 or 7,b7 a candidate otherwise fails to comply with the requirements of this title1 including any regulatory requirements prescribed by the ,commission4 7#b7 ,repayment of benefits ,if certification is revoked under paragraph 7#a71 the candidate shall repay to the ,fund an amount equal to the value of benefits received under this title plus interest 7at a rate determined by the ,commission7 on any such amount received4 ,c ,benefits #eba4 ,benefits for participating candidates 7a7 ,in general ,for each election with respect to which a candidate is certified as a participating candidate under section #ead1 such candidate shall be entitled to-- 7#a7 an allocation from the ,fund to make or obligate to make expenditures with respect to such election1 as provided in section #ebb2 7#b7 matching contributions1 as provided in section #ebc2 7#c7 enhanced matching contributions1 as provided in section #ebd2 and 7#d7 for the general election1 vouchers for broadcasts of political advertisements1 as provided in section #ebe4 7b7 ,restriction on uses of allocations from the fund ,allocations from the ,fund received by a participating candidate under section #ebb1 matching contributions under section #ebc1 and enhanced matching contributions under section #ebd may only be used for campaign-related costs4 7c7 ,remitting allocations from the fund 7#a7 ,in general ,not later than the date that is #de days after an election in which the participating candidate appeared on the ballot1 such participating candidate shall remit to the ,commission for deposit in the ,fund an amount equal to the lesser of-- 7,a7 the amount of money in the candidate's campaign account2 or 7,b7 the sum of the allocations from the ,fund received by the candidate under section #ebb1 the matching contributions received by the candidate under section #ebc1 and the enhanced matching contributions under section #ebd4 7#b7 ,exception ,in the case of a candidate who qualifies to be on the ballot for a primary runoff election1 a general election1 or a general runoff election1 the amounts described in paragraph 7#a7 may be retained by the candidate and used in such subsequent election4 #ebb4 ,allocations from the fund 7a7 ,in general ,the ,commission shall make allocations from the ,fund under section #eba7;a77#a7 to a participating candidate-- 7#a7 in the case of amounts provided under subsection 7c77#a71 not later than #dh hours after the date on which such candidate is certified as a participating candidate under section #ead2 7#b7 in the case of a general election1 not later than #dh hours after-- 7,a7 the date of the certification of the results of the primary election or the primary runoff election2 or 7,b7 in any case in which there is no primary election1 the date the candidate qualifies to be placed on the ballot2 and 7#c7 in the case of a primary runoff election or a general runoff election1 not later than #dh hours after the certification of the results of the primary election or the general election1 as the case may be4 7b7 ,method of payment ,the ,commission shall distribute funds available to participating candidates under this section through the use of an electronic funds exchange or a debit card4 7c7 ,amounts 7#a7 ,primary election allocation2 initial allocation ,except as provided in paragraph 7#e71 the ,commission shall make an allocation from the ,fund for a primary election to a participating candidate in an amount equal to #fg percent of the base amount with respect to such participating candidate4 7#b7 ,primary runoff election allocation ,the ,commission shall make an allocation from the ,fund for a primary runoff election to a participating candidate in an amount equal to #be percent of the amount the participating candidate was eligible to receive under this section for the primary election4 7#c7 ,general election allocation ,except as provided in paragraph 7#e71 the ,commission shall make an allocation from the ,fund for a general election to a participating candidate in an amount equal to the base amount with respect to such candidate4 7#d7 ,general runoff election allocation ,the ,commission shall make an allocation from the ,fund for a general runoff election to a participating candidate in an amount equal to #be percent of the base amount with respect to such candidate4 7#e7 ,uncontested elections 7,a7 ,in general ,in the case of a primary or general election that is an uncontested election1 the ,commission shall make an allocation from the ,fund to a participating candidate for such election in an amount equal to #be percent of the allocation which such candidate would be entitled to under this section for such election if this paragraph did not apply4 7,b7 ,uncontested election defined ,for purposes of this subparagraph1 an election is uncontested if not more than #a candidate has campaign funds 7including payments from the ,fund7 in an amount equal to or greater than #aj percent of the allocation a participating candidate would be entitled to receive under this section for such election if this paragraph did not apply4 7d7 ,base amount 7#a7 ,in general ,except as otherwise provided in this subsection1 the base amount for any candidate is an amount equal to the greater of-- 7,a7 the sum of-- 7i7 #gej1jjj2 plus 7ii7 #aej1jjj for each congressional district in the ,state with respect to which the candidate is seeking election2 or 7,b7 the amount determined by the ,commission under section #eca4 7#b7 ,indexing ,in each even-numbered year after #bjbe-- 7,a7 each dollar amount under paragraph 7#a77;,a7 shall be increased by the percent difference between the price index 7as defined in section #cae7;c77#b77;,a77 for the #ab months preceding the beginning of such calendar year and the price index for calendar year #bjbb2 7,b7 each dollar amount so increased shall remain in effect for the #b-year period beginning on the first day following the date of the last general election in the year preceding the year in which the amount is increased and ending on the date of the next general election2 and 7,c7 if any amount after adjustment under subparagraph 7,a7 is not a multiple of #ajj1 such amount shall be rounded to the nearest multiple of #ajj4 #ebc4 ,matching payments for qualified small dollar contributions 7a7 ,in general ,the ,commission shall pay to each participating candidate an amount equal to #fjj percent of the amount of qualified small dollar contributions received by the candidate from individuals who are residents of the ,state in which such participating candidate is seeking election after the date on which such candidate is certified under section #ead4 7b7 ,limitation ,the aggregate payments under subsection 7a7 with respect to any candidate shall not exceed the greater of-- 7#a7 #djj percent of the allocation such candidate is entitled to receive for such election under section #ebb 7determined without regard to subsection 7c77#e7 thereof72 or 7#b7 the percentage of such allocation determined by the ,commission under section #eca4 7c7 ,time of payment ,the ,commission shall make payments under this section not later than #b business days after the receipt of a report made under subsection 7d74 7d7 ,reports 7#a7 ,in general ,each participating candidate shall file reports of receipts of qualified small dollar contributions at such times and in such manner as the ,commission may by regulations prescribe4 7#b7 ,contents of reports ,each report under this subsection shall disclose-- 7,a7 the amount of each qualified small dollar contribution received by the candidate2 7,b7 the amount of each qualified small dollar contribution received by the candidate from a resident of the ,state in which the candidate is seeking election2 and 7,c7 the name1 address1 and occupation of each individual who made a qualified small dollar contribution to the candidate4 7#c7 ,frequency of reports ,reports under this subsection shall be made no more frequently than-- 7,a7 once every month until the date that is #ij days before the date of the election2 7,b7 once every week after the period described in subparagraph 7,a7 and until the date that is #ba days before the election2 and 7,c7 once every day after the period described in subparagraph 7,b74 7#d7 ,limitation on regulations ,the ,commission may not prescribe any regulations with respect to reporting under this subsection with respect to any election after the date that is #ahj days before the date of such election4 7e7 ,appeals ,the ,commission shall provide a written explanation with respect to any denial of any payment under this section and shall provide the opportunity for review and reconsideration within #e business days of such denial4 #ebd4 ,enhanced matching support 7a7 ,in general ,in addition to the payments made under section #ebc1 the ,commission shall make an additional payment to an eligible candidate under this section4 7b7 ,eligibility ,a candidate is eligible to receive an additional payment under this section if the candidate meets each of the following requirements3 7#a7 ,the candidate is on the ballot for the general election for the office the candidate seeks4 7#b7 ,the candidate is certified as a participating candidate under this title with respect to the election4 7#c7 ,during the enhanced support qualifying period1 the candidate receives qualified small dollar contributions in a total amount of not less than the sum of #ae1jjj for each congressional district in the ,state with respect to which the candidate is seeking election4 7#d7 ,during the enhanced support qualifying period1 the candidate submits to the ,commission a request for the payment which includes-- 7,a7 a statement of the number and amount of qualified small dollar contributions received by the candidate during the enhanced support qualifying period2 7,b7 a statement of the amount of the payment the candidate anticipates receiving with respect to the request2 and 7,c7 such other information and assurances as the ,commission may require4 7#e7 ,after submitting a request for the additional payment under paragraph 7#d71 the candidate does not submit any other application for an additional payment under this title4 7c7 ,amount 7#a7 ,in general ,subject to paragraph 7#b71 the amount of the additional payment made to an eligible candidate under this subtitle shall be an amount equal to #ej percent of-- 7,a7 the amount of the payment made to the candidate under section #ebc with respect to the qualified small dollar contributions which are received by the candidate during the enhanced support qualifying period 7as included in the request submitted by the candidate under 7b77#d77;,a772 or 7,b7 in the case of a candidate who is not eligible to receive a payment under section #ebc with respect to such qualified small dollar contributions because the candidate has reached the limit on the aggregate amount of payments under section #ebc1 the amount of the payment which would have been made to the candidate under section #ebc with respect to such qualified small dollar contributions if the candidate had not reached such limit4 7#b7 ,limit ,the amount of the additional payment determined under paragraph 7#a7 with respect to a candidate may not exceed the sum of #aej1jjj for each congressional district in the ,state with respect to which the candidate is seeking election4 7#c7 ,no effect on aggregate limit ,the amount of the additional payment made to a candidate under this section shall not be included in determining the aggregate amount of payments made to a participating candidate with respect to an election cycle under section #ebc4 #ebe4 ,political advertising vouchers 7a7 ,in general ,the ,commission shall establish and administer a voucher program for the purchase of airtime on broadcasting stations for political advertisements in accordance with the provisions of this section4 7b7 ,candidates ,the ,commission shall only disburse vouchers under the program established under subsection 7a7 to participants certified pursuant to section #ead who have agreed in writing to keep and furnish to the ,commission such records1 books1 and other information as it may require4 7c7 ,amounts ,the ,commission shall disburse vouchers to each candidate certified under subsection 7b7 in an aggregate amount equal to the greater of-- 7#a7 #ajj1jjj multiplied by the number of congressional districts in the ,state with respect to which such candidate is running for office2 or 7#b7 the amount determined by the ,commission under section #eca4 7d7 ,use 7#a7 ,exclusive use ,vouchers disbursed by the ,commission under this section may be used only for the purchase of broadcast airtime for political advertisements relating to a general election for the office of ,senate by the participating candidate to which the vouchers were disbursed1 except that-- 7,a7 a candidate may exchange vouchers with a political party under paragraph 7#b72 and 7,b7 a political party may use vouchers only to purchase broadcast airtime for political advertisements for generic party advertising 7as defined by the ,commission in regulations71 to support candidates for ,state or local office in a general election1 or to support participating candidates of the party in a general election for ,federal office1 but only if it discloses the value of the voucher used as an expenditure under section #cae7;d74 7#b7 ,exchange with political party committee 7,a7 ,in general ,a participating candidate who receives a voucher under this section may transfer the right to use all or a portion of the value of the voucher to a committee of the political party of which the individual is a candidate 7or1 in the case of a participating candidate who is not a member of any political party1 to a committee of the political party of that candidate's choice7 in exchange for money in an amount equal to the cash value of the voucher or portion exchanged4 7,b7 ,continuation of candidate obligations ,the transfer of a voucher1 in whole or in part1 to a political party committee under this paragraph does not release the candidate from any obligation under the agreement made under subsection 7b7 or otherwise modify that agreement or its application to that candidate4 7,c7 ,party committee obligations ,any political party committee to which a voucher or portion thereof is transferred under subparagraph 7,a7-- 7i7 shall account fully1 in accordance with such requirements as the ,commission may establish1 for the receipt of the voucher2 and 7ii7 may not use the transferred voucher or portion thereof for any purpose other than a purpose described in paragraph 7#a77;,b74 7,d7 ,voucher as a contribution under feca ,if a candidate transfers a voucher or any portion thereof to a political party committee under subparagraph 7,a7-- 7i7 the value of the voucher or portion thereof transferred shall be treated as a contribution from the candidate to the committee1 and from the committee to the candidate1 for purposes of sections #cjb and #cjd2 7ii7 the committee may1 in exchange1 provide to the candidate only funds subject to the prohibitions1 limitations1 and reporting requirements of title ,,iii of this ,act2 and 7iii7 the amount1 if identified as a voucher exchange1 shall not be considered a contribution for the purposes of sections #cae and #eac4 7e7 ,value2 acceptance2 redemption 7#a7 ,voucher ,each voucher disbursed by the ,commission under this section shall have a value in dollars1 redeemable upon presentation to the ,commission1 together with such documentation and other information as the ,commission may require1 for the purchase of broadcast airtime for political advertisements in accordance with this section4 7#b7 ,acceptance ,a broadcasting station shall accept vouchers in payment for the purchase of broadcast airtime for political advertisements in accordance with this section4 7#c7 ,redemption ,the ,commission shall redeem vouchers accepted by broadcasting stations under paragraph 7#b7 upon presentation1 subject to such documentation1 verification1 accounting1 and application requirements as the ,commission may impose to ensure the accuracy and integrity of the voucher redemption system4 7#d7 ,expiration 7,a7 ,candidates ,a voucher may only be used to pay for broadcast airtime for political advertisements to be broadcast before midnight on the day before the date of the ,federal election in connection with which it was issued and shall be null and void for any other use or purpose4 7,b7 ,exception for political party committees ,a voucher held by a political party committee may be used to pay for broadcast airtime for political advertisements to be broadcast before midnight on ,december #cast of the odd-numbered year following the year in which the voucher was issued by the ,commission4 7#e7 ,voucher as expenditure under feca ,the use of a voucher to purchase broadcast airtime constitutes an expenditure as defined in section #cja7i77;,a74 7f7 ,definitions ,in this section3 7#a7 ,broadcasting station ,the term broadcasting station has the meaning given that term by section #cae7;f77#a7 of the ,communications ,act of #aicd4 7#b7 ,political party ,the term political party means a major party or a minor party as defined in section #ijjb 7#c7 or 7#d7 of the ,internal ,revenue ,code of #aihf 7#bf ,u4,s4,c4 #ijjb 7#c7 or 7#d774 ,d ,administrative provisions #eca4 ,duties of the federal election commission 7a7 ,duties and powers 7#a7 ,administration ,the ,commission shall have the power to administer the provisions of this title and shall prescribe regulations to carry out the purposes of this title1 including regulations-- 7,a7 to establish procedures for-- 7i7 verifying the amount of valid qualifying contributions with respect to a candidate2 7ii7 effectively and efficiently monitoring and enforcing the limits on the raising of qualified small dollar contributions2 7iii7 monitoring the raising of qualifying multicandidate political committee contributions through effectively and efficiently monitoring and enforcing the limits on individual contributions to qualified accounts of multicandidate political committees2 7iv7 effectively and efficiently monitoring and enforcing the limits on the use of personal funds by participating candidates2 7v7 monitoring the use of allocations from the ,fund and matching contributions under this title through audits or other mechanisms2 and 7vi7 the administration of the voucher program under section #ebe2 and 7,b7 regarding the conduct of debates in a manner consistent with the best practices of ,states that provide public financing for elections4 7#b7 ,review of ,fair ,elections financing 7,a7 ,in general ,after each general election for ,federal office1 the ,commission shall conduct a comprehensive review of the ,fair ,elections financing program under this title1 including-- 7i7 the maximum dollar amount of qualified small dollar contributions under section #eja7ac72 7ii7 the maximum and minimum dollar amounts for qualifying contributions under section #eja7ab72 7iii7 the number and value of qualifying contributions a candidate is required to obtain under section #eab to qualify for allocations from the ,fund2 7iv7 the amount of allocations from the ,fund that candidates may receive under section #ebb2 7v7 the maximum amount of matching contributions a candidate may receive under section #ebc2 7vi7 the maximum amount of enhanced matching contributions a candidate may receive under section #ebd2 7vii7 the amount and usage of vouchers under section #ebe2 7viii7 the overall satisfaction of participating candidates and the ,american public with the program2 and 7ix7 such other matters relating to financing of ,senate campaigns as the ,commission determines are appropriate4 7,b7 ,criteria for review ,in conducting the review under subparagraph 7,a71 the ,commission shall consider the following3 7i7 ,qualifying contributions and qualified small dollar contributions ,the ,commission shall consider whether the number and dollar amount of qualifying contributions required and maximum dollar amount for such qualifying contributions and qualified small dollar contributions strikes a balance regarding the importance of voter involvement1 the need to assure adequate incentives for participating1 and fiscal responsibility1 taking into consideration the number of primary and general election participating candidates1 the electoral performance of those candidates1 program cost1 and any other information the ,commission determines is appropriate4 7ii7 ,review of program benefits ,the ,commission shall consider whether the totality of the amount of funds allowed to be raised by participating candidates 7including through qualifying contributions and small dollar contributions71 allocations from the ,fund under section #ebb1 matching contributions under section #ebc1 enhanced matching contributions under section #ebd1 and vouchers under section #ebe are sufficient for voters in each ,state to learn about the candidates to cast an informed vote1 taking into account the historic amount of spending by winning candidates1 media costs1 primary election dates1 and any other information the ,commission determines is appropriate4 7,c7 ,adjustment of amounts 7i7 ,in general ,based on the review conducted under subparagraph 7,a71 the ,commission shall provide for the adjustments of the following amounts3 7,i7 ,the maximum dollar amount of qualified small dollar contributions under section #eja7ac77;,c74 7,,ii7 ,the maximum and minimum dollar amounts for qualifying contributions under section #eja7ab77;,a74 7,,iii7 ,the number and value of qualifying contributions a candidate is required to obtain under section #eab7;a77#a74 7,,iv7 ,the base amount for candidates under section #ebb7;d74 7,v7 ,the maximum amount of matching contributions a candidate may receive under section #ebc7;b74 7,,vi7 ,the maximum amount of enhanced matching contributions a candidate may receive under section #ebd7;c74 7,,vii7 ,the dollar amount for vouchers under section #ebe7;c74 7ii7 ,regulations ,the ,commission shall promulgate regulations providing for the adjustments made under clause 7i74 7,d7 ,report ,not later than ,march #cj following any general election for ,federal office1 the ,commission shall submit a report to ,congress on the review conducted under subparagraph 7,a74 ,such report shall contain a detailed statement of the findings1 conclusions1 and recommendations of the ,commission based on such review4 7b7 ,reports ,not later than ,march #cj1 #bjbd1 and every #b years thereafter1 the ,commission shall submit to the ,senate ,committee on ,rules and ,administration a report documenting1 evaluating1 and making recommendations relating to the administrative implementation and enforcement of the provisions of this title4 7c7 ,authorization of appropriations ,there are authorized to be appropriated such sums as are necessary to carry out the purposes of this subtitle4 #ecb4 ,violations and penalties 7a7 ,civil penalty for violation of contribution and expenditure requirements ,if a candidate who has been certified as a participating candidate under section #ead accepts a contribution or makes an expenditure that is prohibited under section #eac1 the ,commission shall assess a civil penalty against the candidate in an amount that is not more than #c times the amount of the contribution or expenditure4 ,any amounts collected under this subsection shall be deposited into the ,fund4 7b7 ,repayment for improper use of freedom from influence fund 7#a7 ,in general ,if the ,commission determines that any benefit made available to a participating candidate under this title was not used as provided for in this title or that a participating candidate has violated any of the dates for remission of funds contained in this title1 the ,commission shall so notify the candidate and the candidate shall pay to the ,fund an amount equal to-- 7,a7 the amount of benefits so used or not remitted1 as appropriate2 and 7,b7 interest on any such amounts 7at a rate determined by the ,commission74 7#b7 ,other action not precluded ,any action by the ,commission in accordance with this subsection shall not preclude enforcement proceedings by the ,commission in accordance with section #cji7;a71 including a referral by the ,commission to the ,attorney ,general in the case of an apparent knowing and willful violation of this title4 4 #geb4 ,exception to limitation on coordinated expenditures by political party committees with participating candidates ,section #cae7;d7 of the ,federal ,election ,campaign ,act of #aiga 7#eb ,u4,s4,c4 #cjaaf7;d77 is amended-- 7#a7 in paragraph 7#c77;,a71 by striking in the case of and inserting except as provided in paragraph 7#f71 in the case of2 and 7#b7 by adding at the end the following new paragraph3 7#f7 7,a7 ,the limitation under paragraph 7#c77;,a7 shall not apply with respect to any expenditure from a qualified political party-participating candidate coordinated expenditure fund4 7,b7 ,in this paragraph1 the term qualified political party-participating candidate coordinated expenditure fund means a fund established by the national committee of a political party1 or a ,state committee of a political party1 including any subordinate committee of a ,state committee1 for purposes of making expenditures in connection with the general election campaign of a candidate for election to the office of ,senator who is a participating candidate 7as defined in section #eja71 that only accepts qualified coordinated expenditure contributions4 7,c7 ,in this paragraph1 the term qualified coordinated expenditure contribution means1 with respect to the general election campaign of a candidate for election to the office of ,senator who is a participating candidate 7as defined in section #eja71 any contribution 7or series of contributions7-- 7i7 which is made by an individual who is not prohibited from making a contribution under this ,act2 and 7ii7 the aggregate amount of which does not exceed #ejj per election4 4 #gec4 ,assessments against fines and penalties 7a7 ,assessments relating to criminal offenses 7#a7 ,in general ,chapter #bja of title #ah1 ,united ,states ,code1 is amended by adding at the end the following new section3 #cjae4 ,special assessments for ,freedom ,from ,influence ,fund 7a7 ,assessments 7#a7 ,convictions of crimes ,in addition to any assessment imposed under this chapter1 the court shall assess on any organizational defendant or any defendant who is a corporate officer or person with equivalent authority in any other organization who is convicted of a criminal offense under ,federal law an amount equal to #b4ge percent of any fine imposed on that defendant in the sentence imposed for that conviction4 7#b7 ,settlements ,the court shall assess on any organizational defendant or defendant who is a corporate officer or person with equivalent authority in any other organization who has entered into a settlement agreement or consent decree with the ,united ,states in satisfaction of any allegation that the defendant committed a criminal offense under ,federal law an amount equal to #b4ge percent of the amount of the settlement4 7b7 ,manner of collection ,an amount assessed under subsection 7a7 shall be collected in the manner in which fines are collected in criminal cases4 7c7 ,transfers ,in a manner consistent with section #ccjb7;b7 of title #ca1 there shall be transferred from the ,general ,fund of the ,treasury to the ,freedom ,from ,influence ,fund under section #ejb of the ,federal ,election ,campaign ,act of #aiga an amount equal to the amount of the assessments collected under this section4 4 7#b7 ,clerical amendment ,the table of sections of chapter #bja of title #ah1 ,united ,states ,code1 is amended by adding at the end the following3 #cjae4 ,special assessments for ,freedom ,from ,influence ,fund4 4 7b7 ,assessments relating to civil penalties 7#a7 ,in general ,chapter #ig of title #ca1 ,united ,states ,code1 is amended by adding at the end the following new section3 #igjg4 ,special assessments for ,freedom ,from ,influence ,fund 7a7 ,assessments 7#a7 ,civil penalties ,any entity of the ,federal ,government which is authorized under any law1 rule1 or regulation to impose a civil penalty shall assess on each person1 other than a natural person who is not a corporate officer or person with equivalent authority in any other organization1 on whom such a penalty is imposed an amount equal to #b4ge percent of the amount of the penalty4 7#b7 ,administrative penalties ,any entity of the ,federal ,government which is authorized under any law1 rule1 or regulation to impose an administrative penalty shall assess on each person1 other than a natural person who is not a corporate officer or person with equivalent authority in any other organization1 on whom such a penalty is imposed an amount equal to #b4ge percent of the amount of the penalty4 7#c7 ,settlements ,any entity of the ,federal ,government which is authorized under any law1 rule1 or regulation to enter into a settlement agreement or consent decree with any person1 other than a natural person who is not a corporate officer or person with equivalent authority in any other organization1 in satisfaction of any allegation of an action or omission by the person which would be subject to a civil penalty or administrative penalty shall assess on such person an amount equal to #b4ge percent of the amount of the settlement4 7b7 ,manner of collection ,an amount assessed under subsection 7a7 shall be collected-- 7#a7 in the case of an amount assessed under paragraph 7#a7 of such subsection1 in the manner in which civil penalties are collected by the entity of the ,federal ,government involved2 7#b7 in the case of an amount assessed under paragraph 7#b7 of such subsection1 in the manner in which administrative penalties are collected by the entity of the ,federal ,government involved2 and 7#c7 in the case of an amount assessed under paragraph 7#c7 of such subsection1 in the manner in which amounts are collected pursuant to settlement agreements or consent decrees entered into by the entity of the ,federal ,government involved4 7c7 ,transfers ,in a manner consistent with section #ccjb7;b7 of this title1 there shall be transferred from the ,general ,fund of the ,treasury to the ,freedom ,from ,influence ,fund under section #ejb of the ,federal ,election ,campaign ,act of #aiga an amount equal to the amount of the assessments collected under this section4 7d7 ,exception for penalties and settlements under authority of the internal revenue code of #aihf 7#a7 ,in general ,no assessment shall be made under subsection 7a7 with respect to any civil or administrative penalty imposed1 or any settlement agreement or consent decree entered into1 under the authority of the ,internal ,revenue ,code of #aihf4 7#b7 ,cross reference ,for application of special assessments for the ,freedom ,from ,influence ,fund with respect to certain penalties under the ,internal ,revenue ,code of #aihf1 see section #fgfa of the ,internal ,revenue ,code of #aihf4 4 7#b7 ,clerical amendment ,the table of sections of chapter #ig of title #ca1 ,united ,states ,code1 is amended by adding at the end the following3 #igjg4 ,special assessments for ,freedom ,from ,influence ,fund4 4 7c7 ,assessments relating to certain penalties under the internal revenue code of #aihf 7#a7 ,in general ,chapter #fh of the ,internal ,revenue ,code of #aihf is amended by adding at the end the following new subchapter3 ,d ,special ,assessments for ,freedom ,from ,influence ,fund #fgfa4 ,special assessments for freedom from influence fund 7a7 ,in general ,each person required to pay a covered penalty shall pay an additional amount equal to #b4ge percent of the amount of such penalty4 7b7 ,covered penalty ,for purposes of this section1 the term covered penalty means any addition to tax1 additional amount1 penalty1 or other liability provided under subchapter ,a or ,b4 7c7 ,exception for certain individuals 7#a7 ,in general ,in the case of a taxpayer who is an individual1 subsection 7a7 shall not apply to any covered penalty if such taxpayer is an exempt taxpayer for the taxable year for which such covered penalty is assessed4 7#b7 ,exempt taxpayer ,for purposes of this subsection1 a taxpayer is an exempt taxpayer for any taxable year if the taxable income of such taxpayer for such taxable year does not exceed the dollar amount at which begins the highest rate bracket in effect under section #a with respect to such taxpayer for such taxable year4 7d7 ,application of certain rules ,except as provided in subsection 7e71 the additional amount determined under subsection 7a7 shall be treated for purposes of this title in the same manner as the covered penalty to which such additional amount relates4 7e7 ,transfer to freedom from influence fund ,the ,secretary shall deposit any additional amount under subsection 7a7 in the ,general ,fund of the ,treasury and shall transfer from such ,general ,fund to the ,freedom ,from ,influence ,fund established under section #ejb of the ,federal ,election ,campaign ,act of #aiga an amount equal to the amounts so deposited 7and1 notwithstanding subsection 7d71 such additional amount shall not be the basis for any deposit1 transfer1 credit1 appropriation1 or any other payment1 to any other trust fund or account74 ,rules similar to the rules of section #ifja shall apply for purposes of this subsection4 4 7#b7 ,clerical amendment ,the table of subchapters for chapter #fh of such ,code is amended by adding at the end the following new item3 ,subchapter ,d--,special assessments for ,freedom ,from ,influence ,fund 4 7d7 ,effective dates 7#a7 ,in general ,except as provided in paragraph 7#b71 the amendments made by this section shall apply with respect to convictions1 agreements1 and penalties which occur on or after the date of the enactment of this ,act4 7#b7 ,assessments relating to certain penalties under the internal revenue code of #aihf ,the amendments made by subsection 7c7 shall apply to covered penalties assessed after the date of the enactment of this ,act4 ,,ii ,presidential ,elections ,a ,primary ,elections #gfa4 ,increase in and modifications to matching payments 7a7 ,increase and modification 7#a7 ,in general ,the first sentence of section #ijcd7;a7 of the ,internal ,revenue ,code of #aihf is amended-- 7,a7 by striking an amount equal to the amount of each contribution and inserting an amount equal to #fjj percent of the amount of each matchable contribution 7disregarding any amount of contributions from any person to the extent that the total of the amounts contributed by such person for the election exceeds #bjj72 and 7,b7 by striking authorized committees and all that follows through #bej and inserting authorized committees4 7#b7 ,matchable contributions ,section #ijcd of such ,code is amended-- 7,a7 by striking the last sentence of subsection 7a72 and 7,b7 by adding at the end the following new subsection3 7c7 ,matchable contribution defined ,for purposes of this section and section #ijcc7;b7-- 7#a7 ,matchable contribution ,the term matchable contribution means1 with respect to the nomination for election to the office of ,president of the ,united ,states1 a contribution by an individual to a candidate or an authorized committee of a candidate with respect to which the candidate has certified in writing that-- 7,a7 the individual making such contribution has not made aggregate contributions 7including such matchable contribution7 to such candidate and the authorized committees of such candidate in excess of #a1jjj for the election2 7,b7 such candidate and the authorized committees of such candidate will not accept contributions from such individual 7including such matchable contribution7 aggregating more than the amount described in subparagraph 7,a72 and 7,c7 such contribution was a direct contribution4 7#b7 ,contribution ,for purposes of this subsection1 the term contribution means a gift of money made by a written instrument which identifies the individual making the contribution by full name and mailing address1 but does not include a subscription1 loan1 advance1 or deposit of money1 or anything of value or anything described in subparagraph 7,b71 7,c71 or 7,d7 of section #ijcb7d74 7#c7 ,direct contribution 7,a7 ,in general ,for purposes of this subsection1 the term direct contribution means1 with respect to a candidate1 a contribution which is made directly by an individual to the candidate or an authorized committee of the candidate and is not-- 7i7 forwarded from the individual making the contribution to the candidate or committee by another person2 or 7ii7 received by the candidate or committee with the knowledge that the contribution was made at the request1 suggestion1 or recommendation of another person4 7,b7 ,other definitions ,in subparagraph 7,a7-- 7i7 the term person does not include an individual 7other than an individual described in section #cjd7;i77#g7 of the ,federal ,election ,campaign ,act of #aiga71 a political committee of a political party1 or any political committee which is not a separate segregated fund described in section #caf7;b7 of the ,federal ,election ,campaign ,act of #aiga and which does not make contributions or independent expenditures1 does not engage in lobbying activity under the ,lobbying ,disclosure ,act of #aiie 7#b ,u4,s4,c4 #afja et seq471 and is not established by1 controlled by1 or affiliated with a registered lobbyist under such ,act1 an agent of a registered lobbyist under such ,act1 or an organization which retains or employs a registered lobbyist under such ,act2 and 7ii7 a contribution is not made at the request1 suggestion1 or recommendation of another person solely on the grounds that the contribution is made in response to information provided to the individual making the contribution by any person1 so long as the candidate or authorized committee does not know the identity of the person who provided the information to such individual4 4 7#c7 ,conforming amendments 7,a7 ,section #ijcb7d7 of such ,code is amended by striking section #ijcd7;a7 and inserting section #ijcd4 7,b7 ,section #ijcc7;b77#c7 of such ,code is amended by striking matching contributions and inserting matchable contributions4 7b7 ,modification of payment limitation ,section #ijcd7;b7 of such ,code is amended-- 7#a7 by striking ,the total and inserting the following3 7#a7 ,in general ,the total 2 7#b7 by striking shall not exceed and all that follows and inserting shall not exceed #bej1jjj1jjj42 and 7#c7 by adding at the end the following new paragraph3 7#b7 ,inflation adjustment 7,a7 ,in general ,in the case of any applicable period beginning after #bjbi1 the dollar amount in paragraph 7#a7 shall be increased by an amount equal to-- 7i7 such dollar amount1 multiplied by 7ii7 the cost-of-living adjustment determined under section #a7;f77#c7 for the calendar year following the year which such applicable period begins1 determined by substituting calendar year #bjbh for calendar year #aiib in subparagraph 7,b7 thereof4 7,b7 ,applicable period ,for purposes of this paragraph1 the term applicable period means the #d-year period beginning with the first day following the date of the general election for the office of ,president and ending on the date of the next such general election4 7,c7 ,rounding ,if any amount as adjusted under subparagraph 7,a7 is not a multiple of #aj1jjj1 such amount shall be rounded to the nearest multiple of #aj1jjj4 4 #gfb4 ,eligibility requirements for matching payments 7a7 ,amount of aggregate contributions per ,state2 disregarding of amounts contributed in excess of #bjj ,section #ijcc7;b77#c7 of the ,internal ,revenue ,code of #aihf is amended-- 7#a7 by striking #e1jjj and inserting #be1jjj2 and 7#b7 by striking #bj ,states and inserting the following3 #bj ,states 7disregarding any amount of contributions from any such resident to the extent that the total of the amounts contributed by such resident for the election exceeds #bjj74 7b7 ,contribution limit 7#a7 ,in general ,paragraph 7#d7 of section #ijcc7;b7 of such ,code is amended to read as follows3 7#d7 the candidate and the authorized committees of the candidate will not accept aggregate contributions from any person with respect to the nomination for election to the office of ,president of the ,united ,states in excess of #a1jjj for the election4 4 7#b7 ,conforming amendments 7,a7 ,section #ijcc7;b7 of such ,code is amended by adding at the end the following new flush sentence3 ,for purposes of paragraph 7#d71 the term contribution has the meaning given such term in section #cja7h7 of the ,federal ,election ,campaign ,act of #aiga4 4 7,b7 ,section #ijcb7d7 of such ,code1 as amended by section #gfa7;a77#c77;,a71 is amended by inserting or #ijcc7;b7 after #ijcd4 7c7 ,participation in system for payments for general election ,section #ijcc7;b7 of such ,code is amended-- 7#a7 by striking and at the end of paragraph 7#c72 7#b7 by striking the period at the end of paragraph 7#d7 and inserting 1 and2 and 7#c7 by inserting after paragraph 7#d7 the following new paragraph3 7#e7 if the candidate is nominated by a political party for election to the office of ,president1 the candidate will apply for and accept payments with respect to the general election for such office in accordance with chapter #ie4 4 7d7 ,prohibition on joint fundraising committees ,section #ijcc7;b7 of such ,code1 as amended by subsection 7c71 is amended-- 7#a7 by striking and at the end of paragraph 7#d72 7#b7 by striking the period at the end of paragraph 7#e7 and inserting 2 and2 and 7#c7 by inserting after paragraph 7#e7 adding at the end the following new paragraph3 7#f7 the candidate will not establish a joint fundraising committee with a political committee other than another authorized committee of the candidate1 except that candidate established a joint fundraising committee with respect to a prior election for which the candidate was not eligible to receive payments under section #ijcg and the candidate does not terminate the committee1 the candidate shall not be considered to be in violation of this paragraph so long as that joint fundraising committee does not receive any contributions or make any disbursements during the election cycle for which the candidate is eligible to receive payments under such section4 4 #gfc4 ,repeal of expenditure limitations 7a7 ,in general ,subsection 7a7 of section #ijce of the ,internal ,revenue ,code of #aihf is amended to read as follows3 7a7 ,personal expenditure limitation ,no candidate shall knowingly make expenditures from his personal funds1 or the personal funds of his immediate family1 in connection with his campaign for nomination for election to the office of ,president in excess of1 in the aggregate1 #ej1jjj4 4 7b7 ,conforming amendment ,paragraph 7#a7 of section #ijcc7;b7 of the ,internal ,revenue ,code of #aihf is amended to read as follows3 7#a7 the candidate will comply with the personal expenditure limitation under section #ijce1 4 #gfd4 ,period of availability of matching payments ,section #ijcb7f7 of the ,internal ,revenue ,code of #aihf is amended by striking the beginning of the calendar year in which a general election for the office of ,president of the ,united ,states will be held and inserting the date that is #f months prior to the date of the earliest ,state primary election4 #gfe4 ,examination and audits of matchable contributions ,section #ijch7;a7 of the ,internal ,revenue ,code of #aihf is amended by inserting and matchable contributions accepted by after qualified campaign expenses of4 #gff4 ,modification to limitation on contributions for ,presidential primary candidates ,section #cae7;a77#f7 of the ,federal ,election ,campaign ,act of #aiga 7#eb ,u4,s4,c4 #cjaaf7;a77#f77 is amended by striking calendar year and inserting four-year election cycle4 #gfg4 ,use of ,freedom ,from ,influence ,fund as source of payments 7a7 ,in general ,chapter #if of subtitle ,h of the ,internal ,revenue ,code of #aihf is amended by adding at the end the following new section3 #ijdc4 ,use of ,freedom ,from ,influence ,fund as source of payments 7a7 ,in general ,effective with respect to the ,presidential election held in #bjbh and each succeeding ,presidential election1 all payments made to candidates under this chapter shall be made from the ,freedom ,from ,influence ,fund established under section #ejb of the ,federal ,election ,campaign ,act of #aiga 7hereafter in this section referred to as the ,fund7 and any reference in this chapter to the matching payment account shall be considered to be a reference to the ,fund4 7b7 ,mandatory reduction of payments in case of insufficient amounts in ,fund 7#a7 ,advance audits by ,commission ,not later than #ij days before the first day of each ,presidential election cycle 7beginning with the cycle for the election held in #bjbh71 the ,commission shall-- 7,a7 audit the ,fund to determine whether1 after first making payments to participating candidates under title ,v of the ,federal ,election ,campaign ,act of #aiga1 the amounts remaining in the ,fund will be sufficient to make payments to candidates under this chapter in the amounts provided under this chapter during such election cycle2 and 7,b7 submit a report to ,congress describing the results of the audit4 7#b7 ,reductions in amount of payments 7,a7 ,automatic reduction on pro rata basis ,if1 on the basis of the audit described in paragraph 7#a71 the ,commission determines that the amount anticipated to be available in the ,fund with respect to the ,presidential election cycle involved is not1 or may not be1 sufficient to satisfy the full entitlements of candidates to payments under this chapter for such cycle1 the ,commission shall reduce each amount which would otherwise be paid to a candidate under this chapter by such pro rata amount as may be necessary to ensure that the aggregate amount of payments anticipated to be made with respect to the cycle will not exceed the amount anticipated to be available for such payments in the ,fund with respect to such cycle4 7,b7 ,restoration of reductions in case of availability of sufficient funds during election cycle ,if1 after reducing the amounts paid to candidates with respect to an election cycle under subparagraph 7,a71 the ,commission determines that there are sufficient amounts in the ,fund to restore the amount by which such payments were reduced 7or any portion thereof71 to the extent that such amounts are available1 the ,commission may make a payment on a pro rata basis to each such candidate with respect to the election cycle in the amount by which such candidate's payments were reduced under subparagraph 7,a7 7or any portion thereof1 as the case may be74 7,c7 ,no use of amounts from other sources ,in any case in which the ,commission determines that there are insufficient moneys in the ,fund to make payments to candidates under this chapter1 moneys shall not be made available from any other source for the purpose of making such payments4 7#c7 ,no effect on amounts transferred for pediatric research initiative ,this section does not apply to the transfer of funds under section #ijjh7;i74 7#d7 ,presidential election cycle defined ,in this section1 the term ,presidential election cycle means1 with respect to a ,presidential election1 the period beginning on the day after the date of the previous ,presidential general election and ending on the date of the ,presidential election4 4 7b7 ,conforming amendments ,section #ijcg7;a7 of the ,internal ,revenue ,code of #aihf is amended by adding at the end the following3 ,no amount shall be transferred under this subsection with respect to any ,presidential election held after #bjbd1 and any amounts remaining in such account after payments for such election are made shall be transferred to the ,freedom from ,influence ,fund under section #ejb of the ,federal ,election ,campaign ,act of #aiga4 7c7 ,clerical amendment ,the table of sections for chapter #if of subtitle ,h of such ,code is amended by adding at the end the following new item3 ,sec4 #ijdc4 ,use of ,freedom ,from ,influence ,fund as source of payments4 4 ,b ,general ,elections #gga4 ,modification of eligibility requirements for public financing ,subsection 7a7 of section #ijjc of the ,internal ,revenue ,code of #aihf is amended to read as follows3 7a7 ,in general ,in order to be eligible to receive any payments under section #ijjf1 the candidates of a political party in a ,presidential election shall meet the following requirements3 7#a7 ,participation in primary payment system ,the candidate for ,president received payments under chapter #if for the campaign for nomination for election to be ,president4 7#b7 ,agreements with ,commission ,the candidates1 in writing-- 7,a7 agree to obtain and furnish to the ,commission such evidence as it may request of the qualified campaign expenses of such candidates1 7,b7 agree to keep and furnish to the ,commission such records1 books1 and other information as it may request1 and 7,c7 agree to an audit and examination by the ,commission under section #ijjg and to pay any amounts required to be paid under such section4 7#c7 ,prohibition on joint fundraising committees 7,a7 ,prohibition ,the candidates certifies in writing that the candidates will not establish a joint fundraising committee with a political committee other than another authorized committee of the candidate4 7,b7 ,status of existing committees for prior elections ,if a candidate established a joint fundraising committee described in subparagraph 7,a7 with respect to a prior election for which the candidate was not eligible to receive payments under section #ijjf and the candidate does not terminate the committee1 the candidate shall not be considered to be in violation of subparagraph 7,a7 so long as that joint fundraising committee does not receive any contributions or make any disbursements with respect to the election for which the candidate is eligible to receive payments under section #ijjf4 4 #ggb4 ,repeal of expenditure limitations and use of qualified campaign contributions 7a7 ,use of qualified campaign contributions without expenditure limits2 application of same requirements for major1 minor1 and new parties ,section #ijjc of the ,internal ,revenue ,code of #aihf is amended by striking subsections 7b7 and 7c7 and inserting the following3 7b7 ,use of ,qualified ,campaign ,contributions ,to ,defray ,expenses 7#a7 ,in general ,in order to be eligible to receive any payments under section #ijjf1 the candidates of a party in a ,presidential election shall certify to the ,commission1 under penalty of perjury1 that-- 7,a7 such candidates and their authorized committees have not and will not accept any contributions to defray qualified campaign expenses other than-- 7i7 qualified campaign contributions1 and 7ii7 contributions to the extent necessary to make up any deficiency payments received out of the fund on account of the application of section #ijjf7;c71 and 7,b7 such candidates and their authorized committees have not and will not accept any contribution to defray expenses which would be qualified campaign expenses but for subparagraph 7,c7 of section #ijjb7aa74 7#b7 ,timing of certification ,the candidate shall make the certification required under this subsection at the same time the candidate makes the certification required under subsection 7a77#c74 4 7b7 ,definition of qualified campaign contribution ,section #ijjb of such ,code is amended by adding at the end the following new paragraph3 7#ac7 ,qualified campaign contribution ,the term qualified campaign contribution means1 with respect to any election for the office of ,president of the ,united ,states1 a contribution from an individual to a candidate or an authorized committee of a candidate which-- 7,a7 does not exceed #a1jjj for the election2 and 7,b7 with respect to which the candidate has certified in writing that-- 7i7 the individual making such contribution has not made aggregate contributions 7including such qualified contribution7 to such candidate and the authorized committees of such candidate in excess of the amount described in subparagraph 7,a71 and 7ii7 such candidate and the authorized committees of such candidate will not accept contributions from such individual 7including such qualified contribution7 aggregating more than the amount described in subparagraph 7,a7 with respect to such election4 4 7c7 ,conforming amendments 7#a7 ,repeal of expenditure limits 7,a7 ,in general ,section #cae of the ,federal ,election ,campaign ,act of #aiga 7#eb ,u4,s4,c4 #cjaaf7 is amended by striking subsection 7b74 7,b7 ,conforming amendments ,section #cae7;c7 of such ,act 7#eb ,u4,s4,c4 #cjaaf7;c77 is amended-- 7i7 in paragraph 7#a77;,b77i71 by striking 1 7b72 and 7ii7 in paragraph 7#b77;,b77i71 by striking subsections 7b7 and 7d7 and inserting subsection 7d74 7#b7 ,repeal of repayment requirement 7,a7 ,in general ,section #ijjg7;b7 of the ,internal ,revenue ,code of #aihf is amended by striking paragraph 7#b7 and redesignating paragraphs 7#c71 7#d71 and 7#e7 as paragraphs 7#b71 7#c71 and 7#d71 respectively4 7,b7 ,conforming amendment ,paragraph 7#b7 of section #ijjg7;b7 of such ,code1 as redesignated by subparagraph 7,a71 is amended-- 7i7 by striking a major party and inserting a party2 7ii7 by inserting qualified contributions and after contributions 7other than2 and 7iii7 by striking 7other than qualified campaign expenses with respect to which payment is required under paragraph 7#b774 7#c7 ,criminal penalties 7,a7 ,repeal of penalty for excess expenses ,section #ijab of the ,internal ,revenue ,code of #aihf is amended by striking subsection 7a74 7,b7 ,penalty for acceptance of disallowed contributions2 application of same penalty for candidates of major1 minor1 and new parties ,subsection 7b7 of section #ijab of such ,code is amended to read as follows3 7b7 ,contributions 7#a7 ,acceptance of disallowed contributions ,it shall be unlawful for an eligible candidate of a party in a ,presidential election or any of his authorized committees knowingly and willfully to accept-- 7,a7 any contribution other than a qualified campaign contribution to defray qualified campaign expenses1 except to the extent necessary to make up any deficiency in payments received out of the fund on account of the application of section #ijjf7;c72 or 7,b7 any contribution to defray expenses which would be qualified campaign expenses but for subparagraph 7,c7 of section #ijjb7aa74 7#b7 ,penalty ,any person who violates paragraph 7#a7 shall be fined not more than #e1jjj1 or imprisoned not more than one year1 or both4 ,in the case of a violation by an authorized committee1 any officer or member of such committee who knowingly and willfully consents to such violation shall be fined not more than #e1jjj1 or imprisoned not more than one year1 or both4 4 #ggc4 ,matching payments and other modifications to payment amounts 7a7 ,in general 7#a7 ,amount of payments2 application of same amount for candidates of major1 minor1 and new parties ,subsection 7a7 of section #ijjd of the ,internal ,revenue ,code of #aihf is amended to read as follows3 7a7 ,in general ,subject to the provisions of this chapter1 the eligible candidates of a party in a ,presidential election shall be entitled to equal payment under section #ijjf in an amount equal to #fjj percent of the amount of each matchable contribution received by such candidate or by the candidate's authorized committees 7disregarding any amount of contributions from any person to the extent that the total of the amounts contributed by such person for the election exceeds #bjj71 except that total amount to which a candidate is entitled under this paragraph shall not exceed #bej1jjj1jjj4 4 7#b7 ,repeal of separate limitations for candidates of minor and new parties2 inflation adjustment ,subsection 7b7 of section #ijjd of such ,code is amended to read as follows3 7b7 ,inflation adjustment 7#a7 ,in general ,in the case of any applicable period beginning after #bjbi1 the #bej1jjj1jjj dollar amount in subsection 7a7 shall be increased by an amount equal to-- 7,a7 such dollar amount2 multiplied by 7,b7 the cost-of-living adjustment determined under section #a7;f77#c7 for the calendar year following the year which such applicable period begins1 determined by substituting calendar year #bjbh for calendar year #aiib in subparagraph 7,b7 thereof4 7#b7 ,applicable period ,for purposes of this subsection1 the term applicable period means the #d-year period beginning with the first day following the date of the general election for the office of ,president and ending on the date of the next such general election4 7#c7 ,rounding ,if any amount as adjusted under paragraph 7#a7 is not a multiple of #aj1jjj1 such amount shall be rounded to the nearest multiple of #aj1jjj4 4 7#c7 ,conforming amendment ,section #ijje7;a7 of such ,code is amended by adding at the end the following new sentence3 ,the ,commission shall make such additional certifications as may be necessary to receive payments under section #ijjd44 7b7 ,matchable contribution ,section #ijjb of such ,code1 as amended by section #ggb7;b71 is amended by adding at the end the following new paragraph3 7#ad7 ,matchable contribution ,the term matchable contribution means1 with respect to the election to the office of ,president of the ,united ,states1 a contribution by an individual to a candidate or an authorized committee of a candidate with respect to which the candidate has certified in writing that-- 7,a7 the individual making such contribution has not made aggregate contributions 7including such matchable contribution7 to such candidate and the authorized committees of such candidate in excess of #a1jjj for the election2 7,b7 such candidate and the authorized committees of such candidate will not accept contributions from such individual 7including such matchable contribution7 aggregating more than the amount described in subparagraph 7,a7 with respect to such election2 and 7,c7 such contribution was a direct contribution 7as defined in section #ijcd7;c77#c774 4 #ggd4 ,increase in limit on coordinated party expenditures 7a7 ,in general ,section #cae7;d77#b7 of the ,federal ,election ,campaign ,act of #aiga 7#eb ,u4,s4,c4 #cjaaf7;d77#b77 is amended to read as follows3 7#b7 7,a7 ,the national committee of a political party may not make any expenditure in connection with the general election campaign of any candidate for ,president of the ,united ,states who is affiliated with such party which exceeds #ajj1jjj1jjj4 7,b7 ,for purposes of this paragraph-- 7i7 any expenditure made by or on behalf of a national committee of a political party and in connection with a ,presidential election shall be considered to be made in connection with the general election campaign of a candidate for ,president of the ,united ,states who is affiliated with such party2 and 7ii7 any communication made by or on behalf of such party shall be considered to be made in connection with the general election campaign of a candidate for ,president of the ,united ,states who is affiliated with such party if any portion of the communication is in connection with such election4 7,c7 ,any expenditure under this paragraph shall be in addition to any expenditure by a national committee of a political party serving as the principal campaign committee of a candidate for the office of ,president of the ,united ,states4 4 7b7 ,conforming ,amendments ,relating to ,timing of ,cost-of-,living ,adjustment 7#a7 ,in general ,section #cae7;c77#a7 of such ,act 7#eb ,u4,s4,c4 #cjaaf7;c77#a77 is amended-- 7,a7 in subparagraph 7,b71 by striking 7d7 and inserting 7d77#b72 and 7,b7 by adding at the end the following new subparagraph3 7,d7 ,in any calendar year after #bjbh-- 7i7 the dollar amount in subsection 7d77#b7 shall be increased by the percent difference determined under subparagraph 7,a72 7ii7 the amount so increased shall remain in effect for the calendar year2 and 7iii7 if the amount after adjustment under clause 7i7 is not a multiple of #ajj1 such amount shall be rounded to the nearest multiple of #ajj4 4 7#b7 ,base year ,section #cae7;c77#b77;,b7 of such ,act 7#eb ,u4,s4,c4 #cjaaf7;c77#b77;,b77 is amended-- 7,a7 in clause 7i7-- 7i7 by striking 7d7 and inserting 7d77#c72 and 7ii7 by striking and at the end2 7,b7 in clause 7ii71 by striking the period at the end and inserting 2 and2 and 7,c7 by adding at the end the following new clause3 7iii7 for purposes of subsection 7d77#b71 calendar year #bjbg4 4 #gge4 ,establishment of uniform date for release of payments 7a7 ,date for payments 7#a7 ,in general ,section #ijjf7;b7 of the ,internal ,revenue ,code of #aihf is amended to read as follows3 7b7 ,payments from the ,fund ,if the ,secretary of the ,treasury receives a certification from the ,commission under section #ijje for payment to the eligible candidates of a political party1 the ,secretary shall pay to such candidates out of the fund the amount certified by the ,commission on the later of-- 7#a7 the last ,friday occurring before the first ,monday in ,september2 or 7#b7 #bd hours after receiving the certifications for the eligible candidates of all major political parties4 ,amounts paid to any such candidates shall be under the control of such candidates4 4 7#b7 ,conforming ,amendment ,the first sentence of section #ijjf7;c7 of such ,code is amended by striking the time of a certification by the ,commission under section #ijje for payment and inserting the time of making a payment under subsection 7b74 7b7 ,time for certification ,section #ijje7;a7 of the ,internal ,revenue ,code of #aihf is amended by striking #aj days and inserting #bd hours4 #ggf4 ,amounts in ,presidential ,election ,campaign ,fund ,section #ijjf7;c7 of the ,internal ,revenue ,code of #aihf is amended by adding at the end the following new sentence3 ,in making a determination of whether there are insufficient moneys in the fund for purposes of the previous sentence1 the ,secretary shall take into account in determining the balance of the fund for a ,presidential election year the ,secretary's best estimate of the amount of moneys which will be deposited into the fund during the year1 except that the amount of the estimate may not exceed the average of the annual amounts deposited in the fund during the previous #c years44 #ggg4 ,use of general election payments for general election legal and accounting compliance ,section #ijjb7aa7 of the ,internal ,revenue ,code of #aihf is amended by adding at the end the following new sentence3 ,for purposes of subparagraph 7,a71 an expense incurred by a candidate or authorized committee for general election legal and accounting compliance purposes shall be considered to be an expense to further the election of such candidate44 #ggh4 ,use of ,freedom ,from ,influence ,fund as source of payments 7a7 ,in general ,chapter #ie of subtitle ,h of the ,internal ,revenue ,code of #aihf is amended by adding at the end the following new section3 #ijac4 ,use of ,freedom ,from ,influence ,fund as source of payments 7a7 ,in general ,effective with respect to the ,presidential election held in #bjbh and each succeeding ,presidential election1 the ,secretary of the ,treasury shall transfer from the ,freedom ,from ,influence ,fund established under section #ejb of the ,federal ,election ,campaign ,act of #aiga to the ,presidential ,election ,campaign ,fund such additional amounts as are necessary to make payments pursuant to sections #ijjf7;b7 and #ijjh7;j74 7b7 ,mandatory reduction of amount transferred in case of insufficient amounts in ,fund 7#a7 ,advance audits by ,commission ,not later than #ij days before the first day of each ,presidential election cycle 7beginning with the cycle for the election held in #bjbh71 the ,commission shall-- 7,a7 audit the ,freedom ,from ,influence ,fund to determine whether1 after first making payments to participating candidates under title ,v of the ,federal ,election ,campaign ,act of #aiga and then making payments to candidates under chapter #if1 the amounts remaining in the ,freedom ,from ,influence ,fund 7in addition to amounts otherwise available in the ,presidential ,election ,campaign ,fund under section #ijjf7;a77 will be sufficient to make payments under this chapter in the amounts provided under this chapter during such election cycle2 and 7,b7 submit a report to ,congress describing the results of the audit4 7#b7 ,reductions in amount transferred 7,a7 ,automatic reduction ,if1 on the basis of the audit described in paragraph 7#a71 the ,commission determines that the amount anticipated to be available in the ,freedom ,from ,influence ,fund with respect to the ,presidential election cycle involved is not1 or may not be1 sufficient to satisfy the full entitlements to payments under this chapter for such cycle1 the ,commission shall reduce the amount transferred under subsection 7a7 to ensure that the aggregate amount transferred with respect to the cycle will not exceed the amount anticipated to be available for making such payments with respect to such cycle4 7,b7 ,restoration of reductions in case of availability of sufficient funds during election cycle ,if1 after reducing the amount transferred with respect to an election cycle under subparagraph 7,a71 the ,commission determines that there are sufficient amounts in the ,fund to restore the amount by which such amounts were reduced 7or any portion thereof71 to the extent that such amounts are available1 the ,commission may provide for the transfer with respect to the election cycle of the amount by which such transfer was reduced under subparagraph 7,a7 7or any portion thereof1 as the case may be74 7,c7 ,no use of amounts from other sources ,in any case in which the ,commission determines that there are insufficient moneys in the ,freedom ,from ,influence ,fund under this paragraph1 moneys shall not be made available from any other source for the purpose of transferring funds pursuant to this section4 7#c7 ,no effect on amounts transferred for pediatric research initiative ,this section does not apply to the transfer of funds under section #ijjh7;i74 7#d7 ,presidential election cycle defined ,in this section1 the term ,presidential election cycle means1 with respect to a ,presidential election1 the period beginning on the day after the date of the previous ,presidential general election and ending on the date of the ,presidential election4 4 7b7 ,conforming amendments ,section #ijjf of the ,internal ,revenue ,code of #aihf is amended-- 7#a7 in subsection 7a71 by adding at the end the following new sentence3 ,in addition to any amounts transferred to the fund under the preceding provisions of this subsection1 with respect to the ,presidential election held in #bjbh and each succeeding ,presidential election1 the ,secretary of the ,treasury shall make transfers to the fund as described in section #ijac42 and 7#b7 in subsection 7c71 as amended by section #ggf1 in the third sentence1 by striking #ijcg7;b7 and inserting #ijjh7;j74 7c7 ,clerical amendment ,the table of sections for chapter #ie of subtitle ,h of such ,code is amended by adding at the end the following new item3 ,sec4 #ijac4 ,use of ,freedom ,from ,influence ,fund as source of payments4 4 ,c ,presidential nominating conventions #ggi4 ,payments for ,presidential nominating conventions 7a7 ,in general ,section #ijjh of the ,internal ,revenue ,code of #aihf is amended-- 7#a7 in subsection 7i7-- 7,a7 in paragraph 7#a7 by striking the entitlement and inserting subject to subsection 7j71 the entitlement2 7,b7 in paragraph 7#b71 by striking maintained for and all that follows through under this section2 and 7#b7 by adding at the end the following new subsection3 7j7 ,reestablishment of payments 7#a7 ,in general ,notwithstanding subsection 7i77#a71 effective with respect to nominating conventions for the ,presidential election held in #bjbh and each succeeding ,presidential election1 a major party or minor party shall be entitled to a payment under this section4 7#b7 ,establishment of accounts ,the ,secretary shall maintain in the fund1 in addition to any account which the ,secretary maintains under section #ijjf7;a7 or subsection 7a71 a separate account for the national committee of each major party and minor party4 ,the ,secretary shall deposit in each such account an amount equal to the amount which each such committee may receive under subsection 7b74 ,such deposits shall be drawn from amounts transferred under section #ijac7;a7 and shall be made before any transfer is made to any account for any eligible candidate under section #ijjf7;a74 4 7b7 ,reports by ,federal ,election ,commission ,section #ijji7;a7 of the ,internal ,revenue ,code of #aihf is amended-- 7#a7 in paragraph 7#b71 by striking and at the end2 7#b7 in paragraph 7#c71 by striking the period at the end and inserting a semicolon2 and 7#c7 by adding at the end the following new paragraphs3 7#d7 the expenses incurred by the national committee of a major party or minor party with respect to a presidential nominating convention2 7#e7 the amounts certified by it under section #ijjh7;g7 for payment to each such committee2 and 7#f7 the amount of payments1 if any1 required from such committees under section #ijjh7;h71 and the reasons for such payment4 4 7c7 ,penalties ,section #ijab of the ,internal ,revenue ,code of #aihf is amended-- 7#a7 in subsection 7a77#a71 by inserting the following after the first sentence3 ,it shall be unlawful for the national committee of a major party or minor party knowingly and willfully to incur expenses with respect to a presidential nominating convention in excess of the expenditure limitation applicable with respect to such committee under section #ijjh7;d7 or for any host committee knowingly and willfully to incur such expenses in excess of such expenditure limitation1 unless the incurring of such expenses is authorized by the ,commission under section #ijjh7;d77#c742 7#b7 in subsection 7c71 by redesignating paragraph 7#b7 as paragraph 7#c7 and inserting the following after paragraph 7#a73 7#c7 ,it shall be unlawful for the national committee of a major party or minor party which receives any payment under section #ijjh7;b77#c7 to use1 or authorize the use of1 such payment for any purpose other than a purpose authorized by section #ijjh7;c74 2 7#c7 in subsection 7e77#a71 by adding at the end the following new sentence3 ,it shall be unlawful for the national committee of a major party or minor party knowingly and willfully to give or accept any kickback or any illegal payments in connection with any expense incurred by such committee with respect to a presidential nominating convention42 and 7#d7 in subsection 7e77#c71 by inserting 1 or in connection with any expense incurred by the national committee of a major party or minor party with respect to a presidential nominating convention after or their authorized committees4 7d7 ,conforming amendments ,section #ijjh of the ,internal ,revenue ,code of #aihf is amended-- 7#a7 in subsection 7a7-- 7,a7 in the first sentence1 by striking national committee of each major party and minor party and inserting amounts transferred under subsection 7i77#b72 7,b7 in the second sentence1 by striking each such account and all that follows through may receive and inserting such account an amount equal to the aggregate amount that the national committee of each major party and minor party is entitled to receive under subsection 7b72 7#b7 in subsection 7b77#c71 by striking subsection 7a7 and inserting subsection 7j72 and 7#c7 in subsection 7i77#b71 by striking all amounts and all that follows through minor party and inserting all amounts in the account established under subsection 7a74 7e7 ,clarification regarding amounts for pediatric research initiative ,nothing in the provisions of1 or amendments made by1 this section shall affect amounts transferred to the #aj-,year ,pediatric ,research ,initiative ,fund pursuant to section #ijjh7;i77#b7 of the ,internal ,revenue ,code of #aihf4 ,d ,effective ,date #ggi;,a4 ,effective date 7a7 ,in general ,except as otherwise provided1 this part and the amendments made by this part shall apply with respect to the ,presidential election held in #bjbh and each succeeding ,presidential election1 without regard to whether or not the ,federal ,election ,commission has promulgated the final regulations necessary to carry out this part and the amendments made by this part by the deadline set forth in subsection 7b74 7b7 ,deadline for regulations ,not later than ,june #cj1 #bjbf1 the ,federal ,election ,commission shall promulgate such regulations as may be necessary to carry out this part and the amendments made by this part4 ,d ,enhancing ,,fec ,enforcement #gha4 ,membership of ,federal ,election ,commission 7a7 ,reduction in ,number of ,members2 ,removal of ,secretary of ,senate and ,clerk of ,house as ,ex ,officio ,members 7#a7 ,in general2 quorum ,section #cjf7;a77#a7 of the ,federal ,election ,campaign ,act of #aiga 7#eb ,u4,s4,c4 #cjajf7;a77#a77 is amended by striking the second and third sentences and inserting the following3 ,the ,commission is composed of #e members appointed by the ,president by and with the advice and consent of the ,senate1 of whom no more than two may be affiliated with the same political party4 ,a member shall be treated as affiliated with a political party if the member was affiliated1 including as a registered voter1 employee1 consultant1 donor1 officer1 or attorney1 with such political party or any of its candidates or elected public officials at any time during the #e-year period ending on the date on which such individual is nominated to be a member of the ,commission4 ,a majority of the number of members of the ,commission who are serving at the time shall constitute a quorum1 except that #c members shall constitute a quorum if there are #d members serving at the time44 7#b7 ,conforming amendments relating to reduction in number of members 7,a7 ,the second sentence of section #cjf7;c7 of such ,act 7#eb ,u4,s4,c4 #cjajf7;c77 is amended by striking affirmative vote of #d members of the ,commission and inserting affirmative vote of a majority of the members of the ,commission who are serving at the time4 7,b7 ,such ,act is further amended by striking affirmative vote of #d of its members and inserting affirmative vote of a majority of the members of the ,commission who are serving at the time each place it appears in the following sections3 7i7 ,section #cji7;a77#b7 7#eb ,u4,s4,c4 #cjaji7;a77#b774 7ii7 ,section #cji7;a77#d77;,a77i7 7#eb ,u4,s4,c4 #cjaji7;a77#d77;,a77i774 7iii7 ,section #cji7;a77#e77;,c7 7#eb ,u4,s4,c4 #cjaji7;a77#e77;,c774 7iv7 ,section #cji7;a77#f77;,a7 7#eb ,u4,s4,c4 #cjaji7;a77#f77;,a774 7v7 ,section #caa7;b7 7#eb ,u4,s4,c4 #cjaaa7;b774 7#c7 ,conforming amendment relating to removal of ex officio members ,section #cjf7;a7 of such ,act 7#eb ,u4,s4,c4 #cjajf7;a77 is amended by striking 7other than the ,secretary of the ,senate and the ,clerk of the ,house of ,representatives7 each place it appears in paragraphs 7#d7 and 7#e74 7b7 ,terms of ,service ,section #cjf7;a77#b7 of such ,act 7#eb ,u4,s4,c4 #cjajf7;a77#b77 is amended to read as follows3 7#b7 ,terms of service 7,a7 ,in general ,each member of the ,commission shall serve for a single term of #f years4 7,b7 ,special rule for initial appointments ,of the members first appointed to serve terms that begin in ,january #bjbb1 the ,president shall designate two to serve for a #c-year term4 7,c7 ,no reappointment permitted ,an individual who served a term as a member of the ,commission may not serve for an additional term1 except that-- 7i7 an individual who served a #c-year term under subparagraph 7,b7 may also be appointed to serve a #f-year term under subparagraph 7,a72 and 7ii7 for purposes of this subparagraph1 an individual who is appointed to fill a vacancy under subparagraph 7,d7 shall not be considered to have served a term if the portion of the unexpired term the individual fills is less than #ej percent of the period of the term4 7,d7 ,vacancies ,any vacancy occurring in the membership of the ,commission shall be filled in the same manner as in the case of the original appointment4 ,except as provided in subparagraph 7,c71 an individual appointed to fill a vacancy occurring other than by the expiration of a term of office shall be appointed only for the unexpired term of the member he or she succeeds4 7,e7 ,limitation on service after expiration of term ,a member of the ,commission may continue to serve on the ,commission after the expiration of the member's term for an additional period1 but only until the earlier of-- 7i7 the date on which the member's successor has taken office as a member of the ,commission2 or 7ii7 the expiration of the #a-year period that begins on the last day of the member's term4 4 7c7 ,qualifications ,section #cjf7;a77#c7 of such ,act 7#eb ,u4,s4,c4 #cjajf7;a77#c77 is amended to read as follows3 7#c7 ,qualifications 7,a7 ,in general ,the ,president may select an individual for service as a member of the ,commission if the individual has experience in election law and has a demonstrated record of integrity1 impartiality1 and good judgment4 7,b7 ,assistance of ,blue ,ribbon ,advisory ,panel 7i7 ,in general ,prior to the regularly scheduled expiration of the term of a member of the ,commission and upon the occurrence of a vacancy in the membership of the ,commission prior to the expiration of a term1 the ,president shall convene a ,blue ,ribbon ,advisory ,panel1 that includes individuals representing each major political party and individuals who are independent of a political party and that consists of an odd number of individuals selected by the ,president from retired ,federal judges1 former law enforcement officials1 or individuals with experience in election law1 except that the ,president may not select any individual to serve on the panel who holds any public office at the time of selection4 ,the ,president shall also make reasonable efforts to encourage racial1 ethnic1 and gender diversity on the panel4 7ii7 ,recommendations ,with respect to each member of the ,commission whose term is expiring or each vacancy in the membership of the ,commission 7as the case may be71 the ,blue ,ribbon ,advisory ,panel shall recommend to the ,president at least one but not more than #c individuals for nomination for appointment as a member of the ,commission4 7iii7 ,publication ,at the time the ,president submits to the ,senate the nominations for individuals to be appointed as members of the ,commission1 the ,president shall publish the ,blue ,ribbon ,advisory ,panel's recommendations for such nominations4 7iv7 ,exemption from ,federal ,advisory ,committee ,act ,the ,federal ,advisory ,committee ,act 7#e ,u4,s4,c4 ,app47 does not apply to a ,blue ,ribbon ,advisory ,panel convened under this subparagraph4 7,c7 ,prohibiting engagement with other business or employment during service ,a member of the ,commission shall not engage in any other business1 vocation1 or employment4 ,any individual who is engaging in any other business1 vocation1 or employment at the time of his or her appointment to the ,commission shall terminate or liquidate such activity no later than #ij days after such appointment4 4 #ghb4 ,assignment of powers to ,chair of ,federal ,election ,commission 7a7 ,appointment of ,chair by ,president 7#a7 ,in general ,section #cjf7;a77#e7 of the ,federal ,election ,campaign ,act of #aiga 7#eb ,u4,s4,c4 #cjajf7;a77#e77 is amended to read as follows3 7#e7 ,chair 7,a7 ,initial appointment ,of the members first appointed to serve terms that begin in ,january #bjbb1 one such member 7as designated by the ,president at the time the ,president submits nominations to the ,senate7 shall serve as ,chair of the ,commission4 7,b7 ,subsequent appointments ,any individual who is appointed to succeed the member who serves as ,chair of the ,commission for the term beginning in ,january #bjbb 7as well as any individual who is appointed to fill a vacancy if such member does not serve a full term as ,chair7 shall serve as ,chair of the ,commission4 7,c7 ,vice ,chair ,the ,commission shall select1 by majority vote of its members1 one of its members to serve as ,vice ,chair1 who shall act as ,chair in the absence or disability of the ,chair or in the event of a vacancy in the position of ,chair4 4 7#b7 ,conforming amendment ,section #cji7;a77#b7 of such ,act 7#eb ,u4,s4,c4 #cjaji7;a77#b77 is amended by striking through its chairman or vice chairman and inserting through the ,chair4 7b7 ,powers 7#a7 ,assignment of certain powers to ,chair ,section #cjg7;a7 of such ,act 7#eb ,u4,s4,c4 #cjajg7;a77 is amended to read as follows3 7a7 ,distribution of ,powers ,between ,chair and ,commission 7#a7 ,powers assigned to ,chair 7,a7 ,administrative powers ,the ,chair of the ,commission shall be the chief administrative officer of the ,commission and shall have the authority to administer the ,commission and its staff1 and 7in consultation with the other members of the ,commission7 shall have the power-- 7i7 to appoint and remove the staff director of the ,commission2 7ii7 to request the assistance 7including personnel and facilities7 of other agencies and departments of the ,united ,states1 whose heads may make such assistance available to the ,commission with or without reimbursement2 and 7iii7 to prepare and establish the budget of the ,commission and to make budget requests to the ,president1 the ,director of the ,office of ,management and ,budget1 and ,congress4 7,b7 ,other powers ,the ,chair of the ,commission shall have the power-- 7i7 to appoint and remove the general counsel of the ,commission with the concurrence of at least #b other members of the ,commission2 7ii7 to require by special or general orders1 any person to submit1 under oath1 such written reports and answers to questions as the ,chair may prescribe2 7iii7 to administer oaths or affirmations2 7iv7 to require by subpoena1 signed by the ,chair1 the attendance and testimony of witnesses and the production of all documentary evidence relating to the execution of its duties2 7v7 in any proceeding or investigation1 to order testimony to be taken by deposition before any person who is designated by the ,chair1 and shall have the power to administer oaths and1 in such instances1 to compel testimony and the production of evidence in the same manner as authorized under clause 7iv72 and 7vi7 to pay witnesses the same fees and mileage as are paid in like circumstances in the courts of the ,united ,states4 7#b7 ,powers assigned to ,commission ,the ,commission shall have the power-- 7,a7 to initiate 7through civil actions for injunctive1 declaratory1 or other appropriate relief71 defend 7in the case of any civil action brought under section #cji7;a77#h7 of this ,act7 or appeal 7including a proceeding before the ,supreme ,court on certiorari7 any civil action in the name of the ,commission to enforce the provisions of this ,act and chapter #ie and chapter #if of the ,internal ,revenue ,code of #aihf1 through its general counsel2 7,b7 to render advisory opinions under section #cjh of this ,act2 7,c7 to develop such prescribed forms and to make1 amend1 and repeal such rules1 pursuant to the provisions of chapter #e of title #e1 ,united ,states ,code1 as are necessary to carry out the provisions of this ,act and chapter #ie and chapter #if of the ,internal ,revenue ,code of #aihf2 7,d7 to conduct investigations and hearings expeditiously1 to encourage voluntary compliance1 and to report apparent violations to the appropriate law enforcement authorities2 and 7,e7 to transmit to the ,president and ,congress not later than ,june #a of each year a report which states in detail the activities of the ,commission in carrying out its duties under this ,act1 and which includes any recommendations for any legislative or other action the ,commission considers appropriate4 7#c7 ,permitting ,commission to exercise other powers of ,chair ,with respect to any investigation1 action1 or proceeding1 the ,commission1 by an affirmative vote of a majority of the members who are serving at the time1 may exercise any of the powers of the ,chair described in paragraph 7#a77;,b74 4 7#b7 ,conforming amendments relating to personnel authority ,section #cjf7;f7 of such ,act 7#eb ,u4,s4,c4 #cjajf7;f77 is amended-- 7,a7 by amending the first sentence of paragraph 7#a7 to read as follows3 ,the ,commission shall have a staff director who shall be appointed by the ,chair of the ,commission in consultation with the other members and a general counsel who shall be appointed by the ,chair with the concurrence of at least two other members42 7,b7 in paragraph 7#b71 by striking ,with the approval of the ,commission and inserting ,with the approval of the ,chair of the ,commission2 and 7,c7 by striking paragraph 7#c74 7#c7 ,conforming amendment relating to budget submission ,section #cjg7;d77#a7 of such ,act 7#eb ,u4,s4,c4 #cjajg7;d77#a77 is amended by striking the ,commission submits any budget and inserting the ,chair 7or1 pursuant to subsection 7a77#c71 the ,commission7 submits any budget4 7#d7 ,other conforming amendments ,section #cjf7;c7 of such ,act 7#eb ,u4,s4,c4 #cjajf7;c77 is amended by striking ,all decisions and inserting ,subject to section #cjg7;a71 all decisions4 7#e7 ,technical amendment ,the heading of section #cjg of such ,act 7#eb ,u4,s4,c4 #cjajg7 is amended by striking the commission and inserting the chair and the commission4 #ghc4 ,revision to enforcement process 7a7 ,standard for initiating investigations and determining whether violations have occurred 7#a7 ,revision of standards ,section #cji7;a7 of the ,federal ,election ,campaign ,act of #aiga 7#eb ,u4,s4,c4 #cjaji7;a77 is amended by striking paragraphs 7#b7 and 7#c7 and inserting the following3 7#b7 7,a7 ,the general counsel1 upon receiving a complaint filed with the ,commission under paragraph 7#a7 or upon the basis of information ascertained by the ,commission in the normal course of carrying out its supervisory responsibilities1 shall make a determination as to whether or not there is reason to believe that a person has committed1 or is about to commit1 a violation of this ,act or chapter #ie or chapter #if of the ,internal ,revenue ,code of #aihf1 and as to whether or not the ,commission should either initiate an investigation of the matter or that the complaint should be dismissed4 ,the general counsel shall promptly provide notification to the ,commission of such determination and the reasons therefore1 together with any written response submitted under paragraph 7#a7 by the person alleged to have committed the violation4 ,upon the expiration of the #cj-;day period which begins on the date the general counsel provides such notification1 the general counsel's determination shall take effect1 unless during such #cj-;day period the ,commission1 by vote of a majority of the members of the ,commission who are serving at the time1 overrules the general counsel's determination4 ,if the determination by the general counsel that the ,commission should investigate the matter takes effect1 or if the determination by the general counsel that the complaint should be dismissed is overruled as provided under the previous sentence1 the general counsel shall initiate an investigation of the matter on behalf of the ,commission4 7,b7 ,if the ,commission initiates an investigation pursuant to subparagraph 7,a71 the ,commission1 through the ,chair1 shall notify the subject of the investigation of the alleged violation4 ,such notification shall set forth the factual basis for such alleged violation4 ,the ,commission shall make an investigation of such alleged violation1 which may include a field investigation or audit1 in accordance with the provisions of this section4 ,the general counsel shall provide notification to the ,commission of any intent to issue a subpoena or conduct any other form of discovery pursuant to the investigation4 ,upon the expiration of the #ae-;day period which begins on the date the general counsel provides such notification1 the general counsel may issue the subpoena or conduct the discovery1 unless during such #ae-;day period the ,commission1 by vote of a majority of the members of the ,commission who are serving at the time1 prohibits the general counsel from issuing the subpoena or conducting the discovery4 7#c7 7,a7 ,upon completion of an investigation under paragraph 7#b71 the general counsel shall promptly submit to the ,commission the general counsel's recommendation that the ,commission find either that there is probable cause or that there is not probable cause to believe that a person has committed1 or is about to commit1 a violation of this ,act or chapter #ie or chapter #if of the ,internal ,revenue ,code of #aihf1 and shall include with the recommendation a brief stating the position of the general counsel on the legal and factual issues of the case4 7,b7 ,at the time the general counsel submits to the ,commission the recommendation under subparagraph 7,a71 the general counsel shall simultaneously notify the respondent of such recommendation and the reasons therefore1 shall provide the respondent with an opportunity to submit a brief within #cj days stating the position of the respondent on the legal and factual issues of the case and replying to the brief of the general counsel4 ,the general counsel and shall promptly submit such brief to the ,commission upon receipt4 7,c7 ,not later than #cj days after the general counsel submits the recommendation to the ,commission under subparagraph 7,a7 7or1 if the respondent submits a brief under subparagraph 7,b71 not later than #cj days after the general counsel submits the respondent's brief to the ,commission under such subparagraph71 the ,commission shall approve or disapprove the recommendation by vote of a majority of the members of the ,commission who are serving at the time4 4 7#b7 ,conforming amendment relating to ,initial response to filing of complaint ,section #cji7;a77#a7 of such ,act 7#eb ,u4,s4,c4 #cjaji7;a77#a77 is amended-- 7,a7 in the third sentence1 by striking the ,commission and inserting the general counsel2 and 7,b7 by amending the fourth sentence to read as follows3 ,not later than #ae days after receiving notice from the general counsel under the previous sentence1 the person may provide the general counsel with a written response that no action should be taken against such person on the basis of the complaint44 7b7 ,revision of standard for review of dismissal of complaints 7#a7 ,in general ,section #cji7;a77#h7 of such ,act 7#eb ,u4,s4,c4 #cjaji7;a77#h77 is amended to read as follows3 7#h7 7,a7 7i7 ,any party aggrieved by an order of the ,commission dismissing a complaint filed by such party or finding either no reason to believe a violation has occurred or no probable cause a violation has occurred may file a petition with the ,united ,states ,district ,court for the ,district of ,columbia4 ,any petition under this subparagraph shall be filed within #fj days after the date on which the party received notice of the dismissal of the complaint4 7ii7 ,in any proceeding under this subparagraph1 the court shall determine by de novo review whether the agency's dismissal of the complaint is contrary to law4 ,in any matter in which the penalty for the alleged violation is greater than #ej1jjj1 the court should disregard any claim or defense by the ,commission of prosecutorial discretion as a basis for dismissing the complaint4 7,b7 7i7 ,any party who has filed a complaint with the ,commission and who is aggrieved by a failure of the ,commission1 within #ahj days after the filing of the complaint1 to either dismiss the complaint or to find reason to believe a violation has occurred or is about to occur1 may file a petition with the ,united ,states ,district ,court for the ,district of ,columbia4 7ii7 ,in any proceeding under this subparagraph1 the court shall treat the failure to act on the complaint as a dismissal of the complaint1 and shall determine by de novo review whether the agency's failure to act on the complaint is contrary to law4 7,c7 ,in any proceeding under this paragraph the court may declare that the dismissal of the complaint or the failure to act is contrary to law1 and may direct the ,commission to conform with such declaration within #cj days1 failing which the complainant may bring1 in the name of such complainant1 a civil action to remedy the violation involved in the original complaint4 4 7#b7 ,effective date ,the amendments made by paragraph 7#a7 shall apply-- 7,a7 in the case of complaints which are dismissed by the ,federal ,election ,commission1 with respect to complaints which are dismissed on or after the date of the enactment of this ,act2 and 7,b7 in the case of complaints upon which the ,federal ,election ,commission failed to act1 with respect to complaints which were filed on or after the date of the enactment of this ,act4 #ghd4 ,permitting appearance at hearings on requests for advisory opinions by persons opposing the requests 7a7 ,in general ,section #cjh of such ,act 7#eb ,u4,s4,c4 #cjajh7 is amended by adding at the end the following new subsection3 7e7 ,to the extent that the ,commission provides an opportunity for a person requesting an advisory opinion under this section 7or counsel for such person7 to appear before the ,commission to present testimony in support of the request1 and the person 7or counsel7 accepts such opportunity1 the ,commission shall provide a reasonable opportunity for an interested party who submitted written comments under subsection 7d7 in response to the request 7or counsel for such interested party7 to appear before the ,commission to present testimony in response to the request4 4 7b7 ,effective date ,the amendment made by subsection 7a7 shall apply with respect to requests for advisory opinions under section #cjh of the ,federal ,election ,campaign ,act of #aiga which are made on or after the date of the enactment of this ,act4 #ghe4 ,permanent extension of administrative penalty authority 7a7 ,extension of authority ,section #cji7;a77#d77;,c77v7 of the ,federal ,election ,campaign ,act of #aiga 7#eb ,u4,s4,c4 #cjaji7;a77#d77;,c77v771 as amended by ,public ,law #aae-chf1 is amended by striking 1 and that end on or before ,december #ca1 #bjbc4 7b7 ,effective date ,the amendment made by subsection 7a7 shall take effect on ,december #ca1 #bjah4 #ghf4 ,requiring forms to permit use of accent marks 7a7 ,requirement ,section #caa7;a77#a7 of the ,federal ,election ,campaign ,act of #aiga 7#eb ,u4,s4,c4 #cjaaa7;a77#a77 is amended by striking the semicolon at the end and inserting the following3 1 and shall ensure that all such forms 7including forms in an electronic format7 permit the person using the form to include an accent mark as part of the person's identification24 7b7 ,effective date ,the amendment made by subsection 7a7 shall take effect upon the expiration of the #ij-;day period which begins on the date of the enactment of this ,act4 #ghg4 ,restrictions on ex parte communications ,section #cjf7;e7 of the ,federal ,election ,campaign ,act of #aiga 7#eb ,u4,s4,c4 #cjajf7;e77 is amended-- 7#a7 by striking 7e7 ,the ,commission and inserting 7e77#a7 ,the ,commission2 and 7#b7 by adding at the end the following new paragraph3 7#b7 ,members and employees of the ,commission shall be subject to limitations on ex parte communications1 as provided in the regulations promulgated by the ,commission regarding such communications which are in effect on the date of the enactment of this paragraph4 4 #ghh4 ,clarifying authority of ,,fec attorneys to represent ,,fec in ,supreme ,court 7a7 ,clarifying authority ,section #cjf7;f77#d7 of the ,federal ,election ,campaign ,act of #aiga 7#eb ,u4,s4,c4 #cjajf7;f77#d77 is amended by striking any action instituted under this ,act1 either 7,a7 by attorneys and inserting any action instituted under this ,act1 including an action before the ,supreme ,court of the ,united ,states1 either 7,a7 by the ,general ,counsel of the ,commission and other attorneys4 7b7 ,effective date ,the amendment made by paragraph 7#a7 shall apply with respect to actions instituted before1 on1 or after the date of the enactment of this ,act4 #ghi4 ,effective date2 transition 7a7 ,in ,general ,except as otherwise provided1 the amendments made by this subtitle shall apply beginning ,january #a1 #bjbb4 7b7 ,transition 7#a7 ,termination of service of current members ,notwithstanding any provision of the ,federal ,election ,campaign ,act of #aiga1 the term of any individual serving as a member of the ,federal ,election ,commission as of ,december #ca1 #bjba1 shall expire on that date4 7#b7 ,no effect on existing cases or proceedings ,nothing in this subtitle or in any amendment made by this subtitle shall affect any of the powers exercised by the ,federal ,election ,commission prior to ,december #ca1 #bjba1 including any investigation initiated by the ,commission prior to such date or any proceeding 7including any enforcement action7 pending as of such date4 ,e ,miscellaneous #gia4 ,comptroller general report and briefing on campaign donations by nominees before the ,senate 7a7 ,in general ,not later than one year after the date of the enactment of this ,act1 the ,comptroller ,general of the ,united ,states shall-- 7#a7 submit to the ,select ,committee on ,ethics of the ,senate and the ,committee on ,ethics of the ,house of ,representatives a report on contributions made to members of the ,senate by individuals under consideration for ,senate-confirmed positions1 including judicial nominees2 and 7#b7 provide a briefing to such committees on such contributions4 7b7 ,contents of report ,the report submitted under subsection 7a77#a7 shall include-- 7#a7 a review of the frequency and amount of such contributions made to members of the ,senate by such individuals1 both directly and through political committees and other vehicles with substantial connections to the individual or the member1 over the past #e legislative sessions1 and identify the frequency of incidents in which such an individual made such a contribution to a member of the ,senate and was then considered or supported by that member for a judicial nomination or other ,senate-confirmed position2 and 7#b7 recommendations for such legislative and administrative action as the ,comptroller ,general determines appropriate to reduce any undue influence such contributions might exert upon the constitutional advice and consent processes of the ,senate4 7c7 ,definitions ,in this section1 the terms contribution and political committee have the meaning given those terms in section #cja of the ,federal ,election ,campaign ,act of #aiga 7#eb ,u4,s4,c4 #cjaja74 #gib4 ,effective date ,except as otherwise provided in this title1 the provisions of1 and amendments made by1 this title shall take effect on the date that is one year after the date of enactment of this ,act1 and shall apply with respect to elections for ,federal office occurring on or after such date1 without regard to whether or not the ,federal ,election ,commission has promulgated regulations to carry out such amendments4 #gic4 ,severability ,if any provision of this title or amendment made by this title1 or the application of a provision or amendment to any person or circumstance1 is held to be unconstitutional1 the remainder of this title and amendments made by this title1 and the application of the provisions and amendment to any person or circumstance1 shall not be affected by the holding4