[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 9623 Introduced in House (IH)]
<DOC>
117th CONGRESS
2d Session
H. R. 9623
To improve the anti-corruption and public integrity laws, and for other
purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
December 20, 2022
Ms. Jayapal introduced the following bill; which was referred to the
Committee on the Judiciary, and in addition to the Committees on
Oversight and Reform, House Administration, Ways and Means, Financial
Services, Intelligence (Permanent Select), Rules, Foreign Affairs,
Armed Services, and the Budget, for a period to be subsequently
determined by the Speaker, 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 laws, and for other
purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Anti-Corruption and Public Integrity
Act''.
SEC. 2. TABLE OF CONTENTS.
The table of contents for this Act is as follows:
Sec. 1. Short title.
Sec. 2. Table of contents.
Sec. 3. Applicability.
TITLE I--PUBLIC INTEGRITY, ETHICS, CONFLICTS OF INTEREST, AND REVOLVING
DOOR
Subtitle A--Conflicts of Interest
Sec. 101. Definitions.
Sec. 102. Lobbyist ban.
Sec. 103. Executive branch conflicts of interest law expansions.
Sec. 104. Legislative branch conflicts of interest law expansions.
Sec. 105. Conflicts of interest rules for all senior government
officials and nonconflicted Federal
employee investment accounts.
Sec. 106. Post-employment restrictions.
Sec. 107. Golden parachutes ban.
Sec. 108. General public integrity rules.
Sec. 109. Legal expense funds.
Sec. 110. Penalties.
Subtitle B--Presidential Conflicts of Interest
Sec. 111. Short title.
Sec. 112. Divestiture of personal financial interests of the President
and Vice President that pose a potential
conflict of interest.
Sec. 113. Recusal of appointees.
Sec. 114. Contracts by the President or Vice President.
Sec. 115. Presidential transition ethics programs.
Sec. 116. Criminality of the President or other senior government
officials.
Sec. 117. Presidential obstruction of justice.
Sec. 118. Sense of Congress regarding violations.
Sec. 119. Rule of construction.
Sec. 120. Severability.
Subtitle C--Strengthening Criminal Anti-Corruption Laws
Sec. 121. Bribery of public officials and witnesses.
Sec. 122. Prohibition on undisclosed self-dealing by public officials.
Subtitle D--Requiring Financial Disclosures Before Taking Office
Sec. 131. Prohibition on taking office until financial disclosures are
filed.
Subtitle E--Strengthening Inauguration Fund Rules
Sec. 141. Strengthening Inauguration Fund rules.
Subtitle F--Political Intelligence Transparency
Sec. 151. Disclosure of political intelligence activities under
Lobbying Disclosure Act.
Sec. 152. Effective date.
TITLE II--LOBBYING REFORM
Sec. 201. Enforcement by the Office of Public Integrity.
Sec. 202. Definitions.
Sec. 203. Registration of lobbyists.
Sec. 204. Reports by lobbyists.
Sec. 205. Prohibition on foreign lobbying.
Sec. 206. Prohibition on contingent fee lobbying.
Sec. 207. Prohibition on provision of gifts or travel by registered
lobbyists.
Sec. 208. Application of General Schedule to Congress.
Sec. 209. Reestablishment of Office of Technology Assessment.
Sec. 210. Progressive tax on lobbying expenditures.
Sec. 211. Disclosure of registration status.
TITLE III--RULEMAKING REFORM
Sec. 301. Disclosure of conflicts of interest.
Sec. 302. Increasing disclosures relating to studies and research.
Sec. 303. Disclosure of inter-governmental rule changes.
Sec. 304. Justification of withdrawn rules.
Sec. 305. Negotiated rulemaking.
Sec. 306. Streamlining OIRA review.
Sec. 307. Limiting temporary court injunctions and postponing of final
rules pending judicial review.
Sec. 308. Penalizing individuals that submit false information to
agencies.
Sec. 309. Establishment of the Office of the Public Advocate.
Sec. 310. Actions by private persons.
Sec. 311. Scope of review.
Sec. 312. Expanding rule making notifications.
Sec. 313. Public petitions.
Sec. 314. Amendment to Congressional Review Act.
Sec. 315. Cost-benefit analysis.
Sec. 316. Sense of Congress.
TITLE IV--JUDICIAL ETHICS
Sec. 401. Clarification of gift ban.
Sec. 402. Restrict privately funded educational events and speeches.
Sec. 403. Code of Conduct.
Sec. 404. Improving disclosure.
Sec. 405. Appointment of administrative law judges.
Sec. 406. Improve reporting on judicial diversity.
Sec. 407. Pleading standards.
Sec. 408. Electronic court records reform.
Sec. 409. Forced arbitration injustice repeal.
Sec. 410. Restrictions on protective orders and sealing of cases and
settlements.
Sec. 411. Secret settlements ban.
Sec. 412. Oversight process for disqualification of justice, judge, or
magistrate judge.
Sec. 413. Complaints against retired judges and judicial discipline.
Sec. 414. Action by judicial council in response to misconduct by
judges.
Sec. 415. Supreme Court Complaints Review Committee.
Sec. 416. Expedited impeachment of Federal judges.
Sec. 417. Judicial workplace climate surveys.
Sec. 418. Pilot program to provide access to counsel in Federal court.
TITLE V--ENFORCEMENT
Subtitle A--Office of Public Integrity
Sec. 511. Establishment of Office of Public Integrity.
Sec. 512. Designated agency ethics officials.
Subtitle B--Inspectors General
Sec. 531. General supervision and removal of Inspectors General.
Subtitle C--Office of Congressional Ethics
Sec. 551. Definitions.
Sec. 552. The Office of Congressional Ethics.
Sec. 553. Establishment of the Board of the Office of Congressional
Ethics.
Sec. 554. Duties and Powers of the Office and the Board.
Sec. 555. Review process of submissions.
Sec. 556. Personnel matters.
Sec. 557. Authorization of appropriations.
Sec. 558. Conforming amendments and rules of construction.
Subtitle D--Applicability
Sec. 571. Applicability.
TITLE VI--TRANSPARENCY AND GOVERNMENT RECORDS
Subtitle A--Transparency for Federal Personnel and Candidates for
Federal Office
Sec. 601. Categories relating to the amount or value of certain income.
Sec. 602. Disclosure of personal income tax returns by Presidents, Vice
Presidents, Members of Congress, and
certain candidates.
Sec. 603. Transparency relating to candidates for Federal office and
Members of Congress.
Subtitle B--Think Tank, Nonprofit, and Advocate Transparency
Sec. 611. Amendments to the Lobbying Disclosure Act of 1995.
Sec. 612. Amendments to the Internal Revenue Code of 1986.
Subtitle C--Strengthening FOIA Enforcement
Sec. 621. Strengthening FOIA enforcement.
Sec. 622. Exemptions from disclosure.
Sec. 623. Public interest balancing test.
Sec. 624. Affirmative disclosure of agency records on website.
Sec. 625. Applicability.
Subtitle D--Federal Contractor Transparency
Sec. 631. Expanding applicability of the Freedom of Information Act to
Federal contractors.
Sec. 632. Public disclosure by large contractors.
Subtitle E--Congressional Transparency
Sec. 641. Increased transparency of committee work.
Sec. 642. Increased transparency of recorded votes.
Sec. 643. Increased transparency of appropriations bills.
TITLE VII--CAMPAIGN FINANCE REFORMS
Subtitle A--Requirements Relating to Preventing Conflicts of Interest
Part I--Requirements Relating to Registered Lobbyists and Government
Contractors
Sec. 701. Requirements relating to registered lobbyists.
Sec. 702. Disclosure of political spending by government contractors.
Sec. 703. Repeal of restriction of use of funds by Internal Revenue
Service to bring transparency to political
activity of certain nonprofit
organizations.
Sec. 704. Repeal of revenue procedure that eliminated requirement to
report information regarding contributors
to certain tax-exempt organizations.
Part II--Requirements Relating to Corporations
Sec. 711. Banning corporations from fundraising.
Sec. 712. Banning contributions to Members of Congress from
corporations under the jurisdiction of
their committees.
Sec. 713. Corporate PAC ban.
Sec. 714. Disclosure of campaign-related disbursements.
Part III--Requirements Relating to Foreign Nationals
Sec. 721. Banning foreign-owned and partially foreign-owned
corporations from spending on United States
elections.
Part IV--Additional Requirements
subpart a--campaign finance
Sec. 731. Clarification on treatment of information used to influence
an election for Federal office as a
contribution; clarification regarding
purpose of influencing an election for
Federal office.
Sec. 732. Prohibition on super PAC-candidate coordination.
Sec. 733. Disclosure of major donors, bundlers, and finance events in
Presidential campaigns.
Sec. 734. Lowering contribution limits; repeal of special contribution
limits for contributions to national
parties for certain purposes.
Sec. 735. Restrictions on testing the waters.
Sec. 736. Personal use ban for leadership PACS.
Sec. 737. Prohibition on joint fundraising committees.
subpart b--prohibition on the appointment of big donor ambassadors and
chiefs of mission
Sec. 738. Prohibition on the appointment of big donor ambassadors and
chiefs of mission.
Subtitle B--Strengthening Oversight of Online Political Advertising
Sec. 741. Expansion of definition of public communication.
Sec. 742. Expansion of definition of electioneering communication.
Sec. 743. Application of disclaimer statements to online
communications.
Sec. 744. Political record requirements for online platforms.
Sec. 745. Preventing contributions, expenditures, independent
expenditures, and disbursements for
electioneering communications by foreign
nationals in the form of online
advertising.
Subtitle C--Public Financing
Part I--Small Dollar Financing of Senate Election Campaigns
Sec. 751. Eligibility requirements and benefits of fair elections
financing of Senate election campaigns.
Sec. 752. Exception to limitation on coordinated expenditures by
political party committees with
participating candidates.
Sec. 753. Assessments against fines and penalties.
Part II--Presidential Elections
subpart a--primary elections
Sec. 761. Increase in and modifications to matching payments.
Sec. 762. Eligibility requirements for matching payments.
Sec. 763. Repeal of expenditure limitations.
Sec. 764. Period of availability of matching payments.
Sec. 765. Examination and audits of matchable contributions.
Sec. 766. Modification to limitation on contributions for Presidential
primary candidates.
Sec. 767. Use of Freedom From Influence Fund as source of payments.
subpart b--general elections
Sec. 771. Modification of eligibility requirements for public
financing.
Sec. 772. Repeal of expenditure limitations and use of qualified
campaign contributions.
Sec. 773. Matching payments and other modifications to payment amounts.
Sec. 774. Increase in limit on coordinated party expenditures.
Sec. 775. Establishment of uniform date for release of payments.
Sec. 776. Amounts in Presidential Election Campaign Fund.
Sec. 777. Use of general election payments for general election legal
and accounting compliance.
Sec. 778. Use of Freedom From Influence Fund as source of payments.
subpart c--presidential nominating conventions
Sec. 779. Payments for Presidential nominating conventions.
subpart d--effective date
Sec. 779A. Effective date.
Subtitle D--Enhancing FEC Enforcement
Sec. 781. Membership of Federal Election Commission.
Sec. 782. Assignment of powers to Chair of Federal Election Commission.
Sec. 783. Revision to enforcement process.
Sec. 784. Permitting appearance at hearings on requests for advisory
opinions by persons opposing the requests.
Sec. 785. Permanent extension of administrative penalty authority.
Sec. 786. Requiring forms to permit use of accent marks.
Sec. 787. Restrictions on ex parte communications.
Sec. 788. Clarifying authority of FEC attorneys to represent FEC in
Supreme Court.
Sec. 789. Effective date; transition.
Subtitle E--Miscellaneous
Sec. 791. Comptroller general report and briefing on campaign donations
by nominees before the Senate.
Sec. 792. Effective date.
Sec. 793. Severability.
SEC. 3. APPLICABILITY.
Except as provided otherwise in this Act, this Act and the
amendments made by this Act shall apply on and after the date that is 1
year after the date of enactment of this Act.
TITLE I--PUBLIC INTEGRITY, ETHICS, CONFLICTS OF INTEREST, AND REVOLVING
DOOR
Subtitle A--Conflicts of Interest
SEC. 101. DEFINITIONS.
In this subtitle:
(1) Agent of a foreign principal.--The term ``agent of a
foreign principal'' has the meaning given the term in section 1
of the Foreign Agents Registration Act of 1938 (22 U.S.C. 611).
(2) Bank holding company.--The term ``bank holding
company'' has the meaning given the term in section 2 of the
Bank Holding Company Act of 1956 (12 U.S.C. 1841).
(3) Corporate lobbyist.--The term ``corporate lobbyist''
has the meaning given the term in section 3 of the Lobbying
Disclosure Act of 1995, as amended by section 202 of this Act.
(4) Covered entity.--The term ``covered entity'' means any
entity that is--
(A)(i) a for-profit company; or
(ii) a bank holding company, a savings and loan
holding company, or any other financial institution;
and
(B)(i) operating under Federal settlement,
including a Federal consent decree; or
(ii) the subject of an enforcement action in a
court of the United States or by an agency.
(5) Executive agency.--The term ``Executive agency''--
(A) has the meaning given the term in section 105
of title 5, United States Code; and
(B) includes--
(i) the Executive Office of the President
and all components thereof, including the White
House Office; and
(ii) the Office of the Vice President.
(6) Gross receipts.--The term ``gross receipts'' has the
meaning given the term in section 993(f) of the Internal
Revenue Code of 1986.
(7) Lobbyist.--The term ``lobbyist'' has the meaning given
the term in section 3 of the Lobbying Disclosure Act of 1995,
as amended by section 202 of this Act.
(8) Qualified small business.--The term ``qualified small
business'' means a corporation, company, firm, partnership, or
other business enterprise, that has gross receipts for the
previous taxable year of less than $5,000,000.
(9) Savings and loan holding company.--The term ``savings
and loan holding company'' has the meaning given the term in
section 10(a) of the Home Owners' Loan Act (12 U.S.C.
1467a(a)).
(10) Senior executive.--The term ``senior executive''
includes--
(A) a chief executive officer;
(B) a chief financial officer;
(C) a chief operating officer;
(D) a chief compliance officer;
(E) any senior government relationship official;
and
(F) any other senior executive, as determined by
the Director of the Office of Public Integrity.
(11) Senior government official.--The term ``senior
government official'' means--
(A) any individual described in section 101(f) of
the Ethics in Government Act of 1978 (5 U.S.C. App.),
including--
(i) any individual appointed to a position
on any level of the Executive Schedule under
subchapter II of chapter 53 of title 5, United
States Code, including positions identified in
sections 5312 through 5316 of title 5, United
States Code;
(ii) a noncareer officer or employee
serving in the Executive Office of the
President, including the White House Office,
and in the Office of the Vice President; and
(iii) 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 213 of title 5, Code of
Federal Regulations (or any successor
regulations), except that the Director of the
Office of Public Integrity may, by regulation,
exclude from the application of this paragraph
any individual, or group of individuals, who
are in such positions, 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 Government;
(B) an individual employed in a position in the
Senior Executive Service;
(C) an individual employed in a position at the GS-
15 level or higher; and
(D) 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-15 of the General Schedule.
SEC. 102. LOBBYIST BAN.
(a) Lobbyists.--
(1) Executive branch.--
(A) Lobbyists.--No former registered lobbyist or
agent of a foreign principal who has engaged in a
lobbying contact, as defined in section 3 of the
Lobbying Disclosure Act of 1995 (2 U.S.C. 1602), during
his or her registration may be hired as an officer or
employee of an Executive agency during the 2-year
period beginning on the date on which the registered
lobbyist terminates his or her registration in
accordance with section 4(d) of the Lobbying Disclosure
Act of 1995 (2 U.S.C. 1603(d)) or the agent terminates
his or her status, as applicable.
(B) Corporate lobbyists.--No former registered
corporate lobbyist may be hired as an officer or
employee of an Executive agency during the 6-year
period beginning on the date on which the registered
corporate lobbyist terminates its registration in
accordance with section 4(d) of the Lobbying Disclosure
Act of 1995 (2 U.S.C. 1603(d)) or the agent terminates
its status, as applicable.
(C) Waiver rules and eligibility.--
(i) Positions requiring senate
confirmation.--The President may waive the ban
described in subparagraph (A) for any
appointment to a position in an Executive
agency that requires the advice and consent of
the Senate based on a compelling national need.
(ii) Other positions.--The President or the
Director of the Office of Public Integrity may
waive the ban described in subparagraph (A) and
the prior employer recusal provision described
in section 208(e) of title 18, United States
Code, as added by section 103 of this Act for
any appointment to a position in an Executive
agency that does not require the advice and
consent of the Senate.
(iii) Requirements.--A waiver made under
this subparagraph shall--
(I) be made publicly available and
searchable by the Director of the
Office of Public Integrity within 30
days of issuance;
(II) include a justification sent
to Congress within 30 days of issuance
for why the registered lobbyist or
agent of a foreign principal, as
applicable, brings unique and relevant
expertise such that it is not practical
to find an alternative candidate with
the same skill set; and
(III) with respect to a nomination
to a position described in clause (i)--
(aa)(AA) 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 lobbyist; or
(BB) specifically identify
the next-best candidate who was
not a registered lobbyist or
agent of a foreign principal,
as applicable; and
(bb) include a
justification for why the next-
best candidate was not
nominated for the position.
(2) Legislative branch.--
(A) 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 2-year period
beginning on the date on which the registered lobbyist
terminates its registration in accordance with section
4(d) of the Lobbying Disclosure Act of 1995 (2 U.S.C.
1603(d)) or the agent terminates its status, as
applicable.
(B) 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 6-year
period beginning on the date on which the registered
corporate lobbyist terminates its registration in
accordance with section 4(d) of the Lobbying Disclosure
Act of 1995 (2 U.S.C. 1603(d)) or the agent terminates
its status, as applicable.
(C) Waiver rules and eligibility.--
(i) In general.--Any Member of Congress may
waive the ban described in subparagraph (A) 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 need.
(ii) Requirements.--A waiver made under
this subparagraph shall--
(I) within 30 days of issuance be
submitted to the Select Committee on
Ethics of the Senate or the Committee
on Ethics of the House of
Representatives, as applicable, and to
the Office of Congressional Ethics;
(II) be made publicly available and
searchable by the Office of
Congressional Ethics within 30 days of
issuance;
(III) include a justification made
publicly available for why the
registered lobbyist or agent of a
foreign principal, as applicable,
brings unique and relevant expertise
such that it is not practical to find
an alternative candidate with the same
skill set; and
(IV) 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 Representatives, as
applicable, a public recommendation or
opinion regarding such a waiver.
(b) Other Hiring Restrictions.--
(1) Contractors.--
(A) 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 4-year period
beginning on the date on which the employee terminates
its employment with the entity.
(B) Waiver.--The ban described in subparagraph (A)
may be waived in accordance with subsection (a)(1)(C).
(2) 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 6-year period
beginning on the later of--
(A) the date of the settlement; and
(B) the date on which the enforcement action has
concluded.
SEC. 103. EXECUTIVE BRANCH CONFLICTS OF INTEREST LAW EXPANSIONS.
Section 208 of title 18, United States Code, is amended by adding
at the end the following:
``(e) Securities Ownership and Trading Restrictions.--
``(1) Definition.--In this subsection and subsection (f),
the term `Executive agency'--
``(A) has the meaning given the term in section 105
of title 5, United States Code; and
``(B) includes the Executive Office of the
President and all components thereof, including the
White House Office and the Office of the Vice
President.
``(2) Prohibition.--
``(A) In general.--No officer or employee of an
Executive agency may own an interest in or trade
(except 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 section) any individual stock,
bond, commodity, future, or other form of security,
including an interest in a hedge fund, a derivative,
option, or other complex investment vehicle if the
Director of the Office of Public Integrity (or the
designated agency ethics official of the Executive
agency that employs the individual) determines that the
financial interests of the officer or employee may be
directly influenced by an action of the Executive
agency.
``(B) Exception.--Subparagraph (A) shall not apply
to--
``(i) a widely held investment fund
described in section 102(f)(8) of the Ethics in
Government Act of 1978 (5 App. U.S.C.
102(f)(8)), if such investment meets the
requirements described in section 105(b)(2) of
the Anti-Corruption and Public Integrity Act;
``(ii) shares of Settlement Common Stock
issued under section 7(g)(1)(A) of the Alaska
Native Claims Settlement Act (43 U.S.C.
1606(g)(1)(A)); or
``(iii) shares of Settlement Common Stock,
as defined in section 3 of the Alaska Native
Claims Settlement Act (43 U.S.C. 1602).
``(C) Penalty.--Whoever violates subparagraph (A)
shall be subject to the penalties set forth in section
216 of this title.
``(D) Waiver.--The Director of the Office of Public
Integrity may waive subparagraph (A) for an officer or
employee of an Executive agency on a case-by-case basis
if the Director--
``(i) determines that there is no
possibility for, or the appearance of, a
conflict of interest; or
``(ii) approves a plan for necessary
recusals that ensures that no conflict of
interest exists under this section.
``(f) Recusal Requirements.--
``(1) In general.--Except as provided in paragraphs (2) and
(3), each officer and employee of any Executive agency shall
not participate personally and substantially as a Government
officer or employee, through decision, approval, disapproval,
recommendation, the rendering of advice, investigation, or
otherwise, in any particular matter, including an adjudication,
procurement, or rulemaking, that the officer or employee knows
has or is likely to have a direct and predictable effect on the
financial interest of--
``(A) any person for whom the officer or employee
had, during the previous 4-year period, served as an
officer, director, trustee, general partner, agent,
attorney, consultant, contractor, employee, or direct
competitor; or
``(B) any organization other than a political
organization described in section 527(e) of the
Internal Revenue Code of 1986 in which the employee is
an active participant.
``(2) Exclusions.--This subsection shall not apply to--
``(A) the President;
``(B) the Vice President;
``(C) any individual appointed to a position in an
Executive agency by and with the advice and consent of
the Senate;
``(D) an officer or employee who served as an
officer, director, trustee, general partner, agent,
attorney, consultant, contractor, or employee of a
tribal organization (as defined in section 4 of the
Indian Self-Determination and Education Assistance Act
(25 U.S.C. 5304)) 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 consortium; or
``(E) any individual who receives a waiver under
paragraph (3).
``(3) Waiver.--
``(A) In general.--The Director of Public Integrity
may waive the requirements of this subsection for any
officer or employee (except individuals described in
subparagraph (C)(iii)).
``(B) 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 105(a) and section 106
of the Anti-Corruption and Public Integrity Act.
``(C) Waiver requirements.--A waiver made under
this paragraph--
``(i) shall be made publicly available and
searchable within 30 days of issuance;
``(ii) shall include a justification sent
to Congress within 30 days of issuance
explaining why the waiver is in the national
interest; and
``(iii) may not be granted if the
individual received a waiver under section
102(a)(1)(C) of the Anti-Corruption and Public
Integrity Act.
``(D) Authority of director.--The Director of
Public Integrity may deny a waiver under this paragraph
for any reason.
``(4) Penalty.--An officer or employee who violates this
subsection shall be subject to the penalties set forth in
section 216 of this title.''.
SEC. 104. LEGISLATIVE BRANCH CONFLICTS OF INTEREST LAW EXPANSIONS.
(a) Divestment.--Except as provided in subsection (e), no senior
government official in the legislative branch (including Members of
Congress) may own an interest in or trade (except as a divestment) any
stock, bond, commodity, future, and other form of security, including
an interest in a hedge fund, a derivative, option, or other complex
investment vehicle.
(b) Committee Staff Rule.--No officer or employee of a committee of
either House of Congress may maintain, own, or trade any substantial
holdings (including individual stocks and securities) which may be
directly affected by the actions of the committee for which the
individual works, unless the Select Committee on Ethics of the Senate
or the Committee on Ethics of the House of Representatives, as
applicable, approves of such holdings in writing after consultation
with the supervisor of the officer or employee and the Office of
Congressional Ethics.
(c) General Conflicts of Interest Rule for Congressional Staff and
Members.--No Member, officer, 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 legislation, a principal
purpose of which is to further only his or her pecuniary interest, only
the pecuniary interest of his or her immediate family, or only the
pecuniary interest of a limited class of persons or enterprises, when
he or she, or his or her immediate family, or enterprises controlled by
them, are members of the affected class.
(d) General Stock and Securities Rule.--An officer or employee of a
committee or Member of either House of Congress, who is not a senior
government employee covered by subsection (a), shall be in violation of
subsection (c) if--
(1) the officer or employee owns an interest in or trades
(except as a divestment) individual stocks or securities; and
(2) the value of such stocks or securities may be
influenced by actions taken by the individual in his or her
official position, as determined by the Select Committee on
Ethics of the Senate or the Committee on Ethics of the House of
Representatives, as applicable, in consultation with the Office
of Congressional Ethics.
(e) 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--
(1) a widely held investment fund described in section
102(f)(8) of the Ethics in Government Act of 1978 (5 App.
U.S.C. 102(f)(8)), if the investment meets the requirements
described in section 105(b)(2);
(2) shares of Settlement Common Stock issued under section
7(g)(1)(A) of the Alaska Native Claims Settlement Act (43
U.S.C. 1606(g)(1)(A)); or
(3) shares of Settlement Common Stock, as defined in
section 3 of the Alaska Native Claims Settlement Act (43 U.S.C.
1602).
SEC. 105. CONFLICTS OF INTEREST RULES FOR ALL SENIOR GOVERNMENT
OFFICIALS AND NONCONFLICTED FEDERAL EMPLOYEE INVESTMENT
ACCOUNTS.
(a) Required Divestments of Conflicted Assets.--
(1) Stocks and securities.--No senior government official
may own an interest in or trade (except a divestment required
or approved by the supervising ethics office) any stock, bond,
commodity, future, and other form of security, including an
interest in a hedge fund, a derivative, option, or other
complex investment vehicle, except nonconflicted assets allowed
under subsection (b).
(2) Commercial real estate.--No senior government official
may maintain ownership in commercial real estate, unless
ownership of such commercial real estate is necessary for a
qualified small business described in paragraph (4)(C).
(3) Trusts.--
(A) In general.--No senior government official may
maintain a financial interest in any trust, including a
family trust, if the supervising ethics office
determines that the trust includes any--
(i) asset that might present a conflict of
interest; or
(ii) stock, bond, commodity, future, and
other form of security, including an interest
in a hedge fund, a derivative, option, or other
complex investment vehicle, except
nonconflicted assets allowed under subsection
(b).
(B) Exception.--Subparagraph (A) shall not apply to
a trust described in section 102(f)(2) of the Ethics in
Government Act of 1978 (5 U.S.C. App.).
(4) Businesses and companies.--
(A) Privately owned or closely held corporation.--
No senior government official may maintain ownership in
a privately owned or closely held corporation, company,
firm, partnership, or other business enterprise.
(B) Board members.--No senior government official
may serve on the board of directors of any for-profit
entity, including any corporation, company, firm,
partnership, or other business enterprise.
(C) Exception.--Subparagraphs (A) and (B) shall not
apply to a qualified small business.
(b) Nonconflicted Assets.--
(1) In general.--A senior government official may maintain
assets that do not present a conflict of interest, including--
(A) a widely held investment fund--
(i) described in section 102(f)(8) of the
Ethics in Government Act of 1978 (5 U.S.C.
App.); and
(ii) that meets the requirements described
in paragraph (2);
(B) noncommercial real estate, including real
estate used solely as a personal residence;
(C) cash, certificates of deposit, or other forms
of savings accounts;
(D) a federally managed asset, including--
(i) financial interests in or income
derived from--
(I) any retirement system under
title 5, United States Code (including
the Thrift Savings Plan under
subchapter III of chapter 84 of such
title); or
(II) any other retirement system
maintained by the United States for
officers or employees of the United
States, including the President, or for
members of the uniformed services;
(ii) benefits received under the Social
Security Act (42 U.S.C. 301 et seq.); and
(iii) an asset in the Federal Employee
Investment Account described in paragraph (3);
(E) bonds, bills, and notes issued by a
governmental source, such as the Federal Government,
State, or other municipality;
(F) shares of Settlement Common Stock issued under
section 7(g)(1)(A) of the Alaska Native Claims
Settlement Act (43 U.S.C. 1606(g)(1)(A)); and
(G) shares of Settlement Common Stock, as defined
in section 3 of the Alaska Native Claims Settlement Act
(43 U.S.C. 1602).
(2) Widely held investment fund requirements.--A senior
government official may not maintain a widely held investment
fund described in section 102(f)(8) of the Ethics in Government
Act of 1978 (5 U.S.C. App.), unless--
(A) the widely held investment fund does not
present a conflict of interest; and
(B) any instructions to a manager of the widely
held investment fund are shared with the applicable
supervising ethics office.
(3) Federal employee investment account.--Section 8472 of
title 5, United States Code, is amended--
(A) in subsection (f)--
(i) in paragraph (2), by striking ``and''
at the end;
(ii) in paragraph (3), by striking the
period at the end and inserting a semicolon;
and
(iii) by adding at the end the following:
``(4) not later than 3 years after the date of enactment of
this paragraph, 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--
``(A) sell an asset or security, including those
assets or securities that present a conflict of
interest under section 105(a) of the Anti-Corruption
and Public Integrity Act, and invest the resulting
funds into the Federal Employee Investment Accounts;
and
``(B) withdraw funds from their Federal Employee
Investment Account at any time;
``(5) 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 beneficiaries;
``(6) establish a new and parallel system for recordkeeping
with respect to Federal Employee Investment Accounts; and
``(7) establish a Federal Employee Investment Fund to fully
cover administrative costs associated with managing Federal
Employee Investment Accounts, which--
``(A) shall be separate from the Thrift Savings
Fund established under section 8437, except with
respect to administrative costs for common resources;
and
``(B) may be used for compensation to pay new
employees, additional resources for information
technology, additional call center capacity, and any
other new capacity to handle the administration of
Federal Employee Investment Accounts.'';
(B) in subsection (g)(1)--
(i) in subparagraph (C), by striking
``and'' at the end;
(ii) by striking the period at the end and
inserting ``; and''; and
(iii) by adding at the end the following:
``(E) promulgate regulations for the administration
of Federal Employee Investment Accounts.''; and
(C) by adding at the end the following:
``(k) 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 (f),
including for the purpose of reducing any fees paid by participants in
the Federal Employee Investment Accounts.''.
SEC. 106. POST-EMPLOYMENT RESTRICTIONS.
(a) In General.--Section 207 of title 18, United States Code, is
amended--
(1) in subsection (a)--
(A) in paragraph (1), in the matter preceding
subparagraph (A), by inserting after ``with the intent
to influence,'' the following: ``or with the intent to
gain information for use in analyzing securities or
commodities markets, or in informing investment
decisions in securities or commodities markets,''; and
(B) in paragraph (2), in the matter preceding
subparagraph (A), by inserting after ``with the intent
to influence,'' the following: ``or with the intent to
gain information for use in analyzing securities or
commodities markets, or in informing investment
decisions in securities or commodities markets,'';
(2) by striking subsections (c), (d), and (e) and inserting
the following:
``(c) Lobbying and Political Intelligence Restrictions.--
``(1) In general.--In addition to the restrictions set
forth in subsections (a) and (b), any President, Vice
President, Member of Congress, or officer or employee
compensated at a rate of pay specified in or fixed according to
subchapter II of chapter 53 of title 5, after the termination
of his or her service or employment with the United States
who--
``(A) works as a registered lobbyist or political
intelligence consultant; or
``(B) knowingly makes, with the intent to
influence, or with the intent to gain information for
use in analyzing securities or commodities markets, or
in informing investment decisions in securities or
commodities markets, any communication to or appearance
before any officer or employee of any department,
Executive agency, Member, officer, or employee of
either House of Congress or any employee of any other
legislative office of the Congress, on behalf of any
other person (except the United States or the District
of Columbia) for compensation, in connection with any
matter on which such person seeks official action by
any Member, officer, or employee of either House of
Congress, or any employee or officer of any department
or Executive agency,
shall be subject to the penalties set forth in section 216 of
this title.
``(2) Other officials.--
``(A) In general.--Any officer or employee in the
executive or legislative branch of the United States
who, during the time period described in subparagraph
(B) makes, with the intent to influence, or with the
intent to gain information for use in analyzing
securities or commodities markets, or in informing
investment decisions in securities or commodities
markets, any communication to or appearance before
their former office, Executive agency, or House of
Congress, for compensation, shall be subject to the
penalties set forth in section 216 of this title.
``(B) Time period.--The time period described in
this subparagraph is as follows:
``(i) With respect to an officer or
employee of the legislative branch, 2 years
after the termination of service or employment
as an officer or employee.
``(ii) With respect to an officer or
employee of the executive branch, the later
of--
``(I) 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 office; and
``(II) the date on which the 2-year
period beginning on the date of the
termination of service or employment as
an officer or employee expires.
``(iii) With respect to an officer or
employee of the executive branch of the United
States who becomes a corporate lobbyist, the
later of--
``(I) 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 office; and
``(II) the date on which the 6-year
period beginning on the date of the
termination of service or employment as
an officer or employee expires.
``(iv) With respect to an officer or
employee of the legislative branch of the
United States who becomes a corporate lobbyist,
the date on which the 6-year period beginning
on the date of the termination of service or
employment as an officer or employee
expires.'';
(3) by redesignating subsections (f) through (l) as
subsections (d) through (j), respectively;
(4) in subsection (g), as so redesignated--
(A) by redesignating paragraphs (1), (2), and (3)
as paragraphs (2), (3), and (4), respectively;
(B) by inserting before paragraph (2), as so
redesignated, the following:
``(1) the terms `corporate lobbyist', `lobbyist', and
`political intelligence consultant' have the meanings given
such terms in section 3 of the Lobbying Disclosure Act of 1995
(2 U.S.C. 1602);''; and
(C) in paragraph (2), as so redesignated, by
inserting after ``with the intent to influence,'' the
following: ``or with the intent to gain information for
use in analyzing securities or commodities markets, or
in informing investment decisions in securities or
commodities markets,'';
(5) in subsection (h), as so redesignated, by adding at the
end the following:
``(8) 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 markets, or in informing
investment decisions in securities or commodities markets shall
not apply to a communication made by a representative of a
media organization (as such term is defined in section 3 of the
Lobbying Disclosure Act of 1995 (2 U.S.C. 1602)), if the
purpose of the communication is gathering and disseminating
news and information to the public.''; and
(6) by adding at the end the following:
``(k) Other Post-Employment Restrictions.--
``(1) Definitions.--In this subsection:
``(A) Giant bank or company.--The term `giant bank
or company' includes--
``(i) any for-profit company or financial
institution with greater than an average of
$150,000,000,000 in market capitalization or
revenue for the previous 3-year period;
``(ii) any Federal contractor that received
greater than $5,000,000,000 in annual revenue
from the Federal Government during the previous
3-year period; and
``(iii) any for-profit company or financial
institution that exerts monopolistic or
monopsonistic control over a significant share
of the market in its particular industry (as
defined by the Director of the Office of Public
Integrity, in consultation with the Attorney
General, by regulation).
``(B) Lobbying contact.--The term `lobbying
contact' has the meaning given the term in section 3 of
the Lobbying Disclosure Act of 1995 (2 U.S.C. 1602).
``(C) Registered lobbyist.--The term `registered
lobbyist' means a lobbyist registered under the
Lobbying Disclosure Act of 1995 (2 U.S.C. 1601 et
seq.).
``(D) Senior government official.--The term `senior
government official' means--
``(i) any individual described in section
101(f) of the Ethics in Government Act of 1978
(5 U.S.C. App.), including--
``(I) any individual appointed to a
position on any level of the Executive
Schedule under subchapter II of chapter
53 of title 5, United States Code,
including positions identified in
sections 5312 through 5316 of title 5,
United States Code;
``(II) a noncareer officer or
employee serving in the Executive
Office of the President, including the
White House Office, and in the Office
of the Vice President; and
``(III) 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 213 of title 5, Code of Federal
Regulations (or any successor
regulations), except that the Director
of the Office of Public Integrity may,
by regulation, exclude from the
application of this paragraph any
individual, or group of individuals,
who are in such positions, 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
Government;
``(ii) an individual employed in a position
in the Senior Executive Service;
``(iii) an individual employed in a
position at the GS-15 level or higher; and
``(iv) 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-15
of the General Schedule.
``(2) Senior government official hiring restriction.--No
for-profit corporation, company, firm, partnership, or other
business enterprise may hire or directly or indirectly
compensate (including as consultants and lawyers) any former
senior government official, for 1 year after the official
leaves government service, from an Executive agency,
department, or congressional office with which the corporation,
company, firm, partnership, or other business enterprise made a
lobbying contact in the past 2 years.
``(3) Special rules for post employment with giant banks,
companies, and contractors.--
``(A) 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
(including any procurement officer, any Federal
employee or official who participated in the contract
or license selection, any Federal employee or official
who determined or approved the technical requirements
of the contract or license, and any senior government
official in the executive branch of the United States
employed at the Executive agency that granted the
contract or license) during the 4-year period beginning
on the date on which the officer terminated employment
with the United States.
``(B) Giant banks and companies.--No giant bank or
company may hire or directly or indirectly compensate
(including as consultants and lawyers) any senior
government official during the 4-year period beginning
on the date on which the official terminated employment
with the United States.
``(C) Earned income disclosures.--
``(i) In general.--Not later than 1 year
after the date of enactment of this clause,
each senior government official who terminates
service on or after the date that is 1 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
4-year period beginning on the date on which
the government official terminated employment
with the United States.
``(ii) Publicly available.--The Director of
the Office of Public Integrity shall make a
disclosure made under clause (i) publicly
available for any official who had a report
made in accordance with title I of the Ethics
in Government Act of 1978 (5 U.S.C. App.) made
publicly available.
``(iii) Automatic disclosure.--
``(I) In general.--Each senior
government official subject to the
disclosure requirement in clause (i)
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 (i), but no other
information, such that additional
action is not required of the senior
government official after such
individual files a tax return.
``(II) Safe harbor.--Any individual
who consents under subclause (I) shall
not be subject to clause (v).
``(iv) Memorandum of understanding.--Not
later than 1 year after the date of enactment
of this subclause, 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
(III) for senior government officials who wish
to avail themselves of the automatic disclosure
under subclause (III).
``(v) Penalties for former senior
government officials.--
``(I) 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 clause. The court in
which such action is brought may assess
against such individual a civil penalty
in any amount, not to exceed $50,000.
``(II) Criminal penalties.--
``(aa) Prohibition.--It
shall be unlawful for any
person to knowingly and
willfully falsify any
information that such person is
required to disclose under this
clause. It shall be unlawful
for any person to fail to
disclose any information that
such person is required to
disclose under this clause.
``(bb) Penalties.--Any
person who violates the first
sentence of subitem (AA) shall
be fined under title 18, United
States Code, imprisoned for not
more than 1 year, or both. Any
person who violates the second
sentence of subitem (AA) shall
be fined under title 18, United
States Code.
``(4) Penalties for giant banks and companies.--
``(A) 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
determination, after reasonable notice and opportunity
for a hearing, that the entity or giant bank or company
has violated paragraph (2) or (3)(B).
``(B) Amount of civil penalties.--A civil penalty
imposed for a violation under subparagraph (A) shall--
``(i) in the case of an initial violation,
be not less than 1 percent of the net profit of
the entity or giant bank or company for the
previous year;
``(ii) in the case of a second violation,
not less than 2 percent of the net profit of
the entity or giant bank or company for the
previous year; and
``(iii) in the case of a third or
subsequent violation, not less than 5 percent
of the net profit of the entity or giant bank
or company for the previous year.
``(C) Other penalties and sanctions on companies.--
In addition to a civil penalty imposed under this
clause, after reasonable notice and an opportunity for
a hearing, if the Director of the Office of Public
Integrity determines that a company has violated
paragraph (2) or (3)(B), the Director may impose a
sanction on an entity or a giant bank or company,
including--
``(i) 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 8 years;
``(ii) prohibiting the company from doing
business with the Federal Government, receiving
a contract or license from the Federal
Government, or otherwise participating in
Federal Government programs, for a period of
time not to exceed 8 years.
``(D) Civil penalties for executive officers of
companies.--
``(i) Definition.--In this subclause, the
term `compensation' includes, based on
information required to be reported to any
Federal agency during the period in which a
violation of paragraph (2) or (3)(B) occurred--
``(I) the proceeds of any sale of
stock; and
``(II) any incentive-based
compensation (including stock options
awarded as compensation).
``(ii) Civil penalty.--In addition to the
penalties described in subparagraphs (B) and
(C), after reasonable notice and an opportunity
for a hearing, if the Director of the Office of
Public Integrity determines that an executive
officer of an entity or giant bank or company
has knowingly, or with gross negligence,
violated paragraph (2) or (3)(B), or
contributed to the violation of a paragraph (2)
or (3)(B), 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
occurred.
``(E) Mitigating factors.--In determining the
amount of any penalties assessed under this paragraph,
the Director of the Office of Public Integrity or the
court shall take into account the appropriateness of
the penalty with respect to--
``(i) the size of financial resources and
good faith of the entity, giant bank or
company, or senior executive;
``(ii) the gravity of the violation or
failure to pay;
``(iii) the history of previous violations;
and
``(iv) such other matters as justice may
require.
``(F) Authority to modify or remit penalty.--The
Director of the Office of Public Integrity may
compromise, modify, or remit any penalty under this
paragraph, which may be assessed or had already been
assessed. The amount of such penalty, when finally
determined, shall be exclusive of any sums owed by the
person to the United States in connection with the
costs of the proceeding, and may be deducted from any
sums owing by the United States to the person charged.
``(G) Notice and hearing.--No civil penalty may be
assessed under this paragraph with respect to a
violation of paragraph (2) or (3)(B) unless--
``(i) the Director of the Office of Public
Integrity gives notice and an opportunity for a
hearing to the person accused of the violation;
or
``(ii) the appropriate court has ordered
such assessment and entered judgment in favor
of the Director of the Office of Public
Integrity.''.
(b) Effective Date.--The amendments made by subsection (a) relating
to political intelligence contacts (as defined in section 3 of the
Lobbying Disclosure Act of 1995 (2 U.S.C. 1602), as amended by this
Act) shall apply with respect to any political intelligence contact
that is made on or after the date that is 1 year after the date of the
enactment of this Act.
(c) Technical and Conforming Amendments.--Section 207 of title 18,
United States Code, is amended--
(1) in subsection (d), as redesignated by subsection (a) of
this section, by striking ``(d), or (e)'';
(2) in subsection (f)(2), as redesignated by subsection (a)
of this section, in the second sentence, by striking
``(c)(2)(A)(i) or (iii)'' and inserting ``(c)'';
(3) in subsection (g)(1), as redesignated by subsection (a)
of this section--
(A) in subparagraph (A), by striking ``(a), (c),
and (d)'' and inserting ``(a) and (c)''; and
(B) in subparagraph (B), by striking ``(f)'' and
inserting ``(d)''; and
(4) in subsection (h), as redesignated by subsection (a) of
this section--
(A) by striking ``subsections (c), (d), and (e)''
each place the term appears and inserting ``subsection
(c)'';
(B) in paragraph (5), by striking ``(a), (c), and
(d)'' and inserting ``(a) and (c)''; and
(C) in paragraph (7)(B), by striking ``subsections
(c), (d), or (e)'' and inserting ``subsection (c)''.
(d) Restrictions on Federal Examiners of Financial Institutions.--
Section 10(k) of the Federal Deposit Insurance Act (12 U.S.C. 1820(k))
is amended--
(1) in the subsection header, by striking ``One-Year'' and
inserting ``Four-Year''; and
(2) in paragraph (1)--
(A) in subparagraph (B), by striking ``senior'';
and
(B) in subparagraph (C), by striking ``1 year'' and
inserting ``4 years''.
SEC. 107. GOLDEN PARACHUTES BAN.
(a) In General.--Section 209 of title 18, United States Code, is
amended--
(1) in subsection (a)--
(A) by striking ``any salary'' and inserting ``any
bonus or salary''; and
(B) by striking ``his services'' and inserting
``services rendered or to be rendered''; and
(2) in subsection (b)--
(A) by inserting ``(1)'' after ``(b)''; and
(B) by adding at the end the following:
``(2)(A) In this paragraph, the term `compensation' includes a
retention award or bonus, severance pay, and any other payment--
``(i) linked to future service in the Federal Government in
any way; or
``(ii) from a current or former employer unless the
recipient demonstrates that the payment would have been
received if the recipient had not entered government service.
``(B) For purposes of paragraph (1), a pension, retirement, group
life, health or accident insurance, profit-sharing, stock bonus, 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 fide.''.
(b) Permissible Payments.--Section 1.409A-3(j)(4)(iii) of title 26,
Code of Federal Regulations, shall have no force or effect.
SEC. 108. GENERAL PUBLIC INTEGRITY RULES.
(a) Outside Employment Ban.--The limitations described in section
502 of the Ethics in Government Act of 1978 (5 U.S.C. App.) shall apply
to full-time senior government officials.
(b) Volunteer Service Rule.--All Federal laws or regulations
relating to conflicts of interest or other ethics issues (as defined in
section 409 of the Ethics in Government Act of 1978, as added by
section 511 of this Act) shall apply to any individual who is employed
by the Federal Government and voluntarily refuses compensation for such
employment consistent with applicable law.
(c) 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 61 days after the date on which
the Special Government Employee commences employment during a 365-day
period.
(d) Indebtedness Rule.--
(1) In general.--Except as provided in paragraph (2), no
senior government official (except a Member of Congress, the
President, and the Vice President) may--
(A) in the course of official duty, meet or
communicate with, or work on any particular matter that
affects, any person to whom the senior government
official owes more than $100,000; or
(B) receive a loan of more than $100,000 from any
person the senior government official has met or
communicated with, or plans to meet or communicate
with, during the course of their official duty.
(2) Exception.--Paragraph (1) shall not apply to--
(A) commercial debt such as residential mortgages,
car loans, credit card debt, student loans, or any
debts owed to domestic financial institutions on terms
generally available to the public; or
(B) meetings with domestic financial institutions.
SEC. 109. LEGAL EXPENSE FUNDS.
(a) Definitions.--In this section--
(1) the term ``legal expense fund'' means a fund--
(A) to be used to defray legal expenses incurred in
investigative, civil, criminal, or other legal
proceedings relating to or arising by virtue of service
by an officer or employee as an officer or employee;
(B) that may not be used for personal legal
matters, including tax planning, personal injury
litigation, protection of property rights, divorces, or
estate probate;
(C) that may only be used to defray legal expenses
for a single officer or single employee;
(D) that may be established or controlled by the
officer or employee, or by a third party, in accordance
with the requirements of this section; and
(E) that may accept contributions, in accordance
with this section;
(2) the term ``lobbying activity'' has the meaning given
that term in section 3 of the Lobbying Disclosure Act of 1995
(2 U.S.C. 1602);
(3) the term ``officer or employee'' means--
(A) an officer, as defined in section 2104 of title
5, United States Code;
(B) an employee, as defined in section 2105 of
title 5, United States Code;
(C) a Member of Congress, as defined in section
2106 of title 5, United States Code;
(D) the Vice President; and
(E) the President;
(4) the term ``relative'' has the meaning given that term
in section 3110 of title 5, United States Code; and
(5) the term ``supervising ethics office'' has the meaning
given that term in section 109 of the Ethics in Government Act
of 1978 (5 U.S.C. App.).
(b) Authorization for Legal Expense Funds.--Subject to the
limitations and regulations promulgated under this section, an officer
or employee may establish, maintain, and use a legal expense fund.
(c) 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 employees,
which shall, at a minimum, prohibit an officer or employee from
accepting contributions for a legal expense fund--
(1) from a single contributor (other than a relative of the
officer or employee) in a total amount of more than $5,000
during any calendar year;
(2) from a registered lobbyist;
(3) from an agent of a foreign principal;
(4) from any person seeking official action from or doing
business with the Executive agency, office, or entity employing
the officer or employee;
(5) from any person conducting activities regulated by the
Executive agency, office, or entity employing the officer or
employee;
(6) from any person whose interests may be substantially
affected by the performance or nonperformance of the official
duties of the officer or employee; or
(7) for an officer or employee of an Executive agency, from
any person that has engaged in lobbying activities, or on whose
behalf lobbying activities have been engaged with, with respect
to the Executive agency during the 2-year period ending on the
date of the contribution.
(d) Written Notice.--
(1) In general.--An officer or employee who wishes to
establish, or directly or indirectly receive money from, a
legal expense fund shall submit to the supervising ethics
office with respect to the officer or employee a written notice
that includes--
(A) the name and contact information for any
proposed trustee of the legal expense fund;
(B) a copy of any proposed trust document for the
legal expense fund;
(C) the nature of the legal proceeding (or
proceedings) which necessitate the establishment of the
legal expense fund;
(D) an acknowledgment that the officer or employee
will be bound by the regulations and limitation under
this section; and
(E) an acknowledgment that the officer or employee
bears ultimate responsibility for proper administration
of the legal expense fund.
(2) 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 (1).
(e) Reporting.--
(1) In general.--An officer or employee who establishes, or
directly or indirectly receives money from, a legal expense
fund shall submit to the supervising ethics office with respect
to the officer or employee a quarterly report that discloses,
with respect to the quarter covered by the report--
(A) the source and amount of each contribution to
the legal expense fund; and
(B) the amount, recipient, and purpose of each
expenditure from the legal expense fund.
(2) Public availability.--Each supervising ethics office
shall make publicly available online each report submitted
under paragraph (1) in a searchable, sortable, and downloadable
form.
(f) Recusal.--An officer or employee in the executive branch, other
than the President and the Vice President, who receives a contribution
to a legal expense fund of the officer or employee may not participate
in any matter that has or would have a direct and substantial impact on
the person making the contribution during the 2-year period beginning
on the date on which the contribution is received.
SEC. 110. PENALTIES.
(a) 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 and, upon proof of such
conduct by a preponderance of the evidence, such person shall be
subject to a civil penalty of not more than $50,000 for each violation
or the amount of compensation which the person received or offered for
the prohibited conduct, whichever amount is greater. The imposition of
a civil penalty under this subsection does not preclude any other
criminal or civil statutory, common law, or administrative remedy,
which is available by law to the United States or any other person.
(b) 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
subtitle, the Attorney General or the Director of the Office of Public
Integrity, as applicable, may petition an appropriate United States
district court for an order prohibiting that person from engaging in
such conduct. The court may issue an order prohibiting that person from
engaging in such conduct if the court finds that the conduct
constitutes such an offense. 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 person.
Subtitle B--Presidential Conflicts of Interest
SEC. 111. SHORT TITLE.
This subtitle may be cited as the ``Presidential Conflicts of
Interest Act of 2018''.
SEC. 112. DIVESTITURE OF PERSONAL FINANCIAL INTERESTS OF THE PRESIDENT
AND VICE PRESIDENT THAT POSE A POTENTIAL CONFLICT OF
INTEREST.
(a) Definitions.--
(1) In general.--In this section--
(A) the term ``conflict-free holding'' means a
financial interest described in section 102(f)(8) of
the Ethics in Government Act of 1978 (5 U.S.C. App.);
(B) the term ``financial interest posing a
potential conflict of interest'' means a financial
interest of the President, the Vice President, the
spouse of the President or Vice President, or a minor
child of the President or Vice President, as
applicable, that--
(i) would constitute a financial interest
described in subsection (a) of section 208 of
title 18, United States Code--
(I) if--
(aa) for purposes of such
section 208, the terms
``officer'' and ``employee''
included the President and the
Vice President; and
(bb) the President or Vice
President, as applicable,
participated as described in
subsection (a) of such section
208 in relation to such
financial interest; and
(II) if determined without regard
to any exception under subsection (b)
of such section 208; or
(ii) may constitute a present, emolument,
office, or title, of any kind whatever, from
any king, prince, or foreign state (including
from an entity owned or controlled by a foreign
government), within the meaning of article I,
section 9 of the Constitution of the United
States;
(C) the term ``qualified blind trust'' has the
meaning given that term in section 102(f)(3) of the
Ethics in Government Act of 1978 (5 U.S.C. App.),
unless otherwise specified in this subtitle; and
(D) the term ``tax return''--
(i) means any Federal income tax return and
any amendment or supplement thereto, including
supporting schedules, attachments, or lists
which are supplemental to, or part of, the
return for the taxable year; and
(ii) includes any information return that
reports information that does or may affect the
liability for tax for the taxable year.
(2) Applicability of ethics in government act of 1978.--For
purposes of the definition of ``qualified blind trust'' in this
section, the term ``supervising ethics officer'' in section
102(f)(3) of the Ethics in Government Act of 1978 (5 U.S.C.
App.) means the Director of the Office of Public Integrity.
(b) Initial Financial Disclosure.--
(1) Submission of disclosure.--
(A) In general.--Not later than 30 days after
assuming the office of President or Vice President,
respectively, the President and Vice President shall
submit to Congress and the Director of the Office of
Public Integrity a disclosure of financial interests.
(B) 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 Act, the disclosure of financial interests shall
be submitted to Congress and the Director of the Office
of Public Integrity not later than 30 days after the
date of enactment of this Act.
(2) Contents.--
(A) President.--The disclosure of financial
interests submitted under paragraph (1) by the
President shall--
(i) describe in detail each financial
interest of the President, the spouse of the
President, or a minor child of the President;
(ii) at a minimum, include the information
relating to each such financial interest that
is required for reports under section 102 of
the Ethics in Government Act of 1978 (5 U.S.C.
App.); and
(iii) include the tax returns filed by or
on behalf of the President for--
(I) the 8 most recent taxable
years; and
(II) each taxable year for which an
audit of the return by the Internal
Revenue Service is pending on the date
the report is filed.
(B) Vice president.--The disclosure of financial
interests submitted under paragraph (1) by the Vice
President shall--
(i) describe in detail each financial
interest of the Vice President, the spouse of
the Vice President, or a minor child of the
Vice President;
(ii) at a minimum, include the information
relating to each such financial interest that
is required for reports under section 102 of
the Ethics in Government Act of 1978 (5 U.S.C.
App.); and
(iii) include the tax returns filed by or
on behalf of the Vice President for--
(I) the 8 most recent taxable
years; and
(II) each taxable year for which an
audit of the return by the Internal
Revenue Service is pending on the date
the report is filed.
(c) Divestiture of Financial Interests Posing a Potential Conflict
of Interest.--
(1) In general.--The President, the Vice President, the
spouse of the President or Vice President, 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 trust.
(2) Trustee duties.--Within 180 days after the date a
financial interest is transferred to a qualified blind trust
under paragraph (1), the trustee of the qualified blind trust
shall--
(A) sell the financial interest; and
(B) use the proceeds of the sale of the financial
interest to purchase conflict-free holdings.
(d) Review by Office of Public Integrity.--
(1) In general.--The Director of the Office of Public
Integrity shall submit to Congress, the President, and the Vice
President an annual report regarding the financial interests of
the President, the Vice President, the spouse of the President
or Vice President, and any minor child of the President or Vice
President.
(2) Contents.--Each report submitted under paragraph (1)
shall--
(A) indicate whether any financial interest of the
President, the Vice President, the spouse of the
President or Vice President, or a minor child of the
President or Vice President is a financial interest
posing a potential conflict of interest;
(B) evaluate whether any previously held financial
interest of the President, the Vice President, the
spouse of the President or Vice President, 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
(c); and
(C) redact such information as the Director of the
Office of Public Integrity determines necessary for
preventing identity theft, such as social security
numbers or taxpayer identification numbers.
(e) Enforcement.--
(1) In general.--The Attorney General, the attorney general
of any State, or any person aggrieved by any violation of
subsection (c) may seek declaratory or injunctive relief in a
court of competent jurisdiction if--
(A) 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 (c); or
(B) there is probable cause to believe that the
President or the Vice President has not complied with
subsection (c).
(2) Fair market value.--In granting injunctive relief to
the plaintiff, 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 liquidated.
SEC. 113. RECUSAL OF APPOINTEES.
Section 208 of title 18, United States Code, as amended by section
103 of this Act, is amended by adding at the end the following:
``(g)(1) 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--
``(A) the President who appointed the officer or employee,
which shall include any entity in which the President has a
substantial interest; or
``(B) the spouse of the President who appointed the officer
or employee, which shall include any entity in which the spouse
of the President has a substantial interest.
``(2)(A) Subject to subparagraph (B), if an officer or employee is
recused under paragraph (1), 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 matter.
``(B)(i) In this subparagraph, the term `Commission' means a board,
commission, or other agency for which the authority of the agency is
vested in more than 1 member.
``(ii) If the recusal of a member of a Commission from a matter
under paragraph (1) would result in there not being a statutorily
required quorum of members of the Commission available to participate
in the matter, notwithstanding such statute or any other provision of
law, the members of the Commission not recused under paragraph (1)
may--
``(I) consider the matter without regard to the quorum
requirement under such statute;
``(II) delegate the authorities and responsibilities of the
Commission with respect to the matter to a subcommittee of the
Commission; or
``(III) 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 matter.
``(3) Any officer or employee who negligently violates paragraph
(1) shall be subject to the penalties set forth in section 216.
``(4) For purposes of this section, the term `particular matter'
shall have the meaning given the term in section 207(g).''.
SEC. 114. CONTRACTS BY THE PRESIDENT OR VICE PRESIDENT.
(a) Amendment.--Section 431 of title 18, United States Code, is
amended--
(1) in the section heading, by inserting ``the President,
Vice President, or a'' after ``Contracts by''; and
(2) in the first undesignated paragraph, by inserting ``the
President or Vice President,'' after ``Whoever, being''.
(b) Table of Sections Amendment.--The table of sections for chapter
23 of title 18, United States Code, is amended by striking the item
relating to section 431 and inserting the following:
``431. Contracts by the President, Vice President, or a Member of
Congress.''.
SEC. 115. PRESIDENTIAL TRANSITION ETHICS PROGRAMS.
The Presidential Transition Act of 1963 (3 U.S.C. 102 note) is
amended--
(1) in section 3(f) by adding at the end the following:
``(3) The President-elect shall submit to the Committee on Homeland
Security and Governmental Affairs of the Senate and the Committee on
Oversight and Government Reform of the House of Representatives a list
of--
``(A) any individual for whom an application for a security
clearance was submitted, not later than 10 days after the date
on which the application was submitted; and
``(B) any individual provided a security clearance, not
later than 10 days after the date on which the security
clearance was provided.''; and
(2) in section 6(b)--
(A) in paragraph (1)--
(i) in subparagraph (A), by striking
``and'' at the end;
(ii) in subparagraph (B), by striking the
period at the end and inserting a semicolon;
and
(iii) by adding at the end the following:
``(C) a description of the role of the member on
the transition team, including a list of any policy
issues that the member expects to work on, and a list
of agencies the member expects to interact with, while
serving on the transition team;
``(D) 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
4(g)(3); and
``(E) 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 (C).'';
(B) in paragraph (2), by inserting ``not later than
2 business days'' after ``public''; and
(C) by adding at the end the following:
``(3) The head of a Federal department or agency, or their
designee, 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 (1).''.
SEC. 116. CRIMINALITY OF THE PRESIDENT OR OTHER SENIOR GOVERNMENT
OFFICIALS.
Section 2 of title 18, United States Code, is amended by inserting
``, including the President, the Vice President, a Member of Congress,
an Associate Justice of the Supreme Court of the United States, the
Chief Justice of the United States, and any other officer of the United
States,'' after ``Whoever'' each place it appears.
SEC. 117. PRESIDENTIAL OBSTRUCTION OF JUSTICE.
(a) In General.--Chapter 73 of title 18, United States Code, is
amended by adding at the end the following:
``Sec. 1522. Applicability to all officers, including the President and
Vice President
``This chapter shall apply to all officers of the United States,
including the President, the Vice President, a Member of Congress, an
Associate Justice of the Supreme Court of the United States, and the
Chief Justice of the United States.''.
(b) Conforming Amendment.--The table of sections for chapter 73 of
title 18, United States Code, is amended by adding at the end the
following:
``1522. Applicability to all officers, including the President and Vice
President.''.
SEC. 118. SENSE OF CONGRESS REGARDING VIOLATIONS.
It is the sense of Congress that a violation of section 112 of this
Act or the Ethics in Government Act of 1978 (5 U.S.C. App.) by the
President or the Vice President would constitute a high crime or
misdemeanor under article II, section 4 of the Constitution of the
United States.
SEC. 119. RULE OF CONSTRUCTION.
Nothing in this subtitle or an amendment made by this subtitle
shall be construed to violate the Constitution of the United States.
SEC. 120. SEVERABILITY.
If any provision of this subtitle or any amendment made by this
subtitle, or any application of such provision or amendment to any
person or circumstance, is held to be unconstitutional, the remainder
of the provisions of this subtitle and the amendments made by this
subtitle, and the application of the provision or amendment to any
other person or circumstance, shall not be affected.
Subtitle C--Strengthening Criminal Anti-Corruption Laws
SEC. 121. BRIBERY OF PUBLIC OFFICIALS AND WITNESSES.
(a) Definition.--Section 201(a) of title 18, United States Code, is
amended--
(1) in paragraph (2), by striking ``and'' at the end;
(2) by striking paragraph (3) and inserting the following:
``(3) the term `official act'--
``(A) means any decision or action on, or personal
and substantial participation through acts, including
approval, disapproval, recommendation, rendering of
advice on, or investigation of any question, matter,
cause, suit, proceeding or controversy, that may at any
time be pending, or which may by law be brought before
any public official, in such official's capacity, or in
such official's place of trust or profit; and
``(B) includes--
``(i) advancing or advocating for an
application to obtain a contract with the
Government;
``(ii) aiding or impeding the progress or
passage of legislation;
``(iii) providing access to any public
official by arranging a meeting, event,
telephone call, or other communication with the
intent that such access influence the public
official in an official act; and
``(iv) a single act, more than 1 act, or a
course of conduct'';
(3) by adding at the end the following:
``(4) the term `rule or regulation' means a Federal
regulation or a rule of the House of Representatives or the
Senate, including rules and regulations governing the
acceptance of gifts and campaign contributions.''.
(b) Clarification.--Section 201(c) of title 18, United States Code,
is amended by striking paragraph (1) and inserting the following:
``(1) otherwise than as provided by law for the proper
discharge of official duty, or by rule or regulation--
``(A) directly or indirectly gives, offers, or
promises any thing or things of value to any public
official, former public official, or person selected to
be a public official, for or because of any official
act performed or to be performed by such public
official, former public official, or person selected to
be a public official;
``(B) directly or indirectly knowingly gives,
offers, or promises any thing or things of value with
an aggregate value of not less than $1000 to any public
official, former public official, or person selected to
be a public official for or because of the official's
or person's official position;
``(C) being a public official, former public
official, or person selected to be a public official,
directly or indirectly, knowingly demands, seeks,
receives, accepts, or agrees to receive or accept any
thing or things of value with an aggregate value of not
less than $1000 for or because of the official's or
person's official position; or
``(D) being a public official, former public
official, or person selected to be a public official,
directly or indirectly demands, seeks, receives,
accepts, 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
person;''.
SEC. 122. PROHIBITION ON UNDISCLOSED SELF-DEALING BY PUBLIC OFFICIALS.
(a) In General.--Section 1346 of title 18, United States Code, is
amended--
(1) by striking ``, the'' and all that follows through the
end and inserting and inserting ``:
``(1) Material information.--The term `material
information' means information--
``(A) regarding a financial interest of a person
described in clauses (i) through (iv) of paragraph
(5)(A); and
``(B) regarding the association, connection, or
dealings by a public official with an individual,
business, or organization described in clauses (iii)
through (vi) of paragraph (5)(A).
``(2) Official act.--The term `official act' has the
meaning given the term in section 201(a).
``(3) Public official.--The term `public official' means an
officer, employee, or elected or appointed representative, or
person acting for or on behalf of the United States, a State,
or a subdivision of a State, or any department, agency or
branch of government thereof, in any official function, under
or by authority of any such department, agency, or branch of
government.
``(4) State.--The term `State' includes a State of the
United States, the District of Columbia, and any commonwealth,
territory, or possession of the United States.
``(5) Undisclosed self-dealing.--The term `undisclosed
self-dealing' means--
``(A) an official act by a public official for the
purpose, in whole or in material part, of furthering or
benefitting a financial interest, of which the public
official has knowledge, of--
``(i) the public official;
``(ii) the spouse or minor child of a
public official;
``(iii) a general business partner of the
public official;
``(iv) a business or organization in which
the public official is serving as an employee,
officer, director, trustee, or general partner;
``(v) an individual, business, or
organization with whom the public official is
negotiating for, or has any arrangement
concerning, prospective employment or financial
compensation; or
``(vi) an individual, business, or
organization from whom the public official has
received any thing or things of value,
otherwise than as provided by law for the
proper discharge of official duty, or by rule
or regulation;
``(B) the knowing falsification, concealment, or
covering up of material information by a public
official that is required to be disclosed by any
Federal, State, or local statute, rule, regulation, or
charter applicable to the public official; or
``(C) the knowing failure of a public official to
disclose material information in a manner that is
required by any Federal, State, or local statute, rule,
regulation, or charter applicable to the public
official.
``(6) Scheme or artifice to defraud.--The term `scheme or
artifice to defraud' includes--
``(A) a scheme or artifice to deprive another of
the intangible right of honest services; and
``(B) a scheme or artifice by a public official to
engage in undisclosed self-dealing.''.
(b) Applicability.--The amendments made by this section shall apply
to any act on or after the date of the enactment of this Act.
Subtitle D--Requiring Financial Disclosures Before Taking Office
SEC. 131. PROHIBITION ON TAKING OFFICE UNTIL FINANCIAL DISCLOSURES ARE
FILED.
Section 104 of the Ethics in Government Act of 1978 (5 U.S.C. App.)
is amended by adding at the end the following:
``(e) 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 102.''.
Subtitle E--Strengthening Inauguration Fund Rules
SEC. 141. STRENGTHENING INAUGURATION FUND RULES.
(a) Requirements for Inaugural Committees.--Title III of the
Federal Election Campaign Act of 1971 (52 U.S.C. 30101 et seq.) is
amended by adding at the end the following new section:
``SEC. 325. INAUGURAL COMMITTEES.
``(a) Prohibited Donations.--
``(1) In general.--It shall be unlawful--
``(A) for an Inaugural Committee--
``(i) to solicit, accept, or receive a
donation from a person that--
``(I) is not an individual;
``(II) is a registered lobbyist; or
``(III) is a Federal contractor; or
``(ii) to solicit, accept, or receive a
donation from a foreign national;
``(B) for a person--
``(i) to make a donation to an Inaugural
Committee in the name of another person, or to
knowingly authorize his or her name to be used
to effect such a donation;
``(ii) to knowingly accept a donation to an
Inaugural Committee made by a person in the
name of another person; or
``(iii) to convert a donation to an
Inaugural Committee to personal use as
described in paragraph (2);
``(C) for a foreign national to, directly or
indirectly, make a donation, or make an express or
implied promise to make a donation, to an Inaugural
Committee;
``(D) for a registered lobbyist to, directly or
indirectly, make a donation, or make an express or
implied promise to make a donation, to an Inaugural
Committee; and
``(E) for a Federal contractor to, directly or
indirectly, make a donation, or make an express or
implied promise to make a donation, to an Inaugural
Committee.
``(2) Conversion of donation to personal use.--For purposes
of paragraph (1)(B)(iii), a donation shall be considered to be
converted to personal use if any part of the donated amount is
used to fulfill a commitment, obligation, or expense of a
person that would exist irrespective of the responsibilities of
the Inaugural Committee under chapter 5 of title 36, United
States Code.
``(3) 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
501(c)(3) of the Internal Revenue Code of 1986 and is exempt
from taxation under section 501(a) of such Code.
``(b) Limitation on Donations.--
``(1) In general.--It shall be unlawful for an individual
to make donations to an Inaugural Committee which, in the
aggregate, exceed $10,000.
``(2) Indexing.--At the beginning of each Presidential
election year (beginning with 2024), the amount described in
paragraph (1) shall be increased by the cumulative percent
difference determined in section 315(c)(1)(A) since the
previous Presidential election year. If any amount after such
increase is not a multiple of $1,000, such amount shall be
rounded to the nearest multiple of $1,000.
``(c) Disclosure of Certain Donations and Disbursements.--
``(1) Donations over $1,000.--
``(A) 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 $1,000 or more not later than 24 hours after the
receipt of such donation.
``(B) Contents of report.--A report filed under
subparagraph (A) shall contain--
``(i) the amount of the donation;
``(ii) the date the donation is received;
and
``(iii) the name and address of the
individual making the donation.
``(2) Final report.--Not later than the date that is 90
days after the date of the Presidential inaugural ceremony, the
Inaugural Committee shall file with the Commission a report
containing the following information:
``(A) For each donation of money or anything of
value made to the committee in an aggregate amount
equal to or greater than $200--
``(i) the amount of the donation;
``(ii) the date the donation is received;
and
``(iii) the name and address of the
individual making the donation.
``(B) The total amount of all disbursements, and
all disbursements in the following categories:
``(i) Disbursements made to meet committee
operating expenses.
``(ii) Repayment of all loans.
``(iii) Donation refunds and other offsets
to donations.
``(iv) Any other disbursements.
``(C) The name and address of each person--
``(i) to whom a disbursement in an
aggregate amount or value in excess of $200 is
made by the committee to meet a committee
operating expense, together with date, amount,
and purpose of such operating expense;
``(ii) who receives a loan repayment from
the committee, together with the date and
amount of such loan repayment;
``(iii) who receives a donation refund or
other offset to donations from the committee,
together with the date and amount of such
disbursement; and
``(iv) to whom any other disbursement in an
aggregate amount or value in excess of $200 is
made by the committee, together with the date
and amount of such disbursement.
``(d) Definitions.--For purposes of this section:
``(1)(A) The term `donation' includes--
``(i) any gift, subscription, loan,
advance, or deposit of money or anything of
value made by any person to the committee; or
``(ii) the payment by any person of
compensation for the personal services of
another person which are rendered to the
committee without charge for any purpose.
``(B) The term `donation' does not include the
value of services provided without compensation by any
individual who volunteers on behalf of the committee.
``(2) The term `foreign national' has the meaning given
that term by section 319(b).
``(3) The term `Inaugural Committee' has the meaning given
that term by section 501 of title 36, United States Code.
``(4) The term `registered lobbyist' means a lobbyist, as
defined in section 3 of the Lobbying Disclosure Act of 1995 (2
U.S.C. 1602), that is registered or required to register under
section 4(a) of that Act (2 U.S.C. 1603(a))''.
(b) Confirming Amendment Related to Reporting Requirements.--
Section 304 of the Federal Election Campaign Act of 1971 (52 U.S.C.
30104) is amended--
(1) by striking subsection (h); and
(2) by redesignating subsection (i) as subsection (h).
(c) Conforming Amendment Related to Status of Committee.--Section
510 of title 36, United States Code, is amended to read as follows:
``SEC. 510. 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 to, and meets,
the requirements of section 325 of the Federal Election Campaign Act of
1971.''.
(d) Effective Date.--The amendments made by this subtitle shall
apply with respect to Inaugural Committees established under chapter 5
of title 36, United States Code, for inaugurations held in 2021 and any
succeeding year.
Subtitle F--Political Intelligence Transparency
SEC. 151. DISCLOSURE OF POLITICAL INTELLIGENCE ACTIVITIES UNDER
LOBBYING DISCLOSURE ACT.
(a) Definitions.--Section 3 of the Lobbying Disclosure Act of 1995
(2 U.S.C. 1602) is amended--
(1) in paragraph (2)--
(A) by inserting after ``lobbying activities'' each
place that term appears the following: ``or political
intelligence activities''; and
(B) by inserting after ``lobbyists'' the following:
``or political intelligence consultants'';
(2) by redesignating paragraph (16) as paragraph (25);
(3) by redesignating paragraph (15) as paragraph (22);
(4) by redesignating paragraphs (4) through (14) as
paragraphs (7) through (17), respectively;
(5) by redesignating paragraph (3) as paragraph (5);
(6) by inserting after paragraph (2) the following:
``(3) Commodity.--The term `commodity' has the meaning
given such term in section 1a(9) of the Commodity Exchange Act
(7 U.S.C. 1a(9)).'';
(7) by inserting after paragraph (17), as so redesignated,
the following:
``(18) Political intelligence activities.--The term
`political intelligence activities' means political
intelligence contacts and efforts in support of such contacts,
including preparation and planning activities, research, and
other background work that is intended, at the time it is
performed, for use in contacts, and coordination with such
contacts and efforts of others.
``(19) 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 contacts, including an individual who provides
brokerage and research services under section 28(e) of the
Securities Exchange Act of 1934 (15 U.S.C. 78bb(e)).
``(20) Political intelligence contact.--
``(A) Definition.--The term `political intelligence
contact' means any oral or written communication
(including an electronic communication)--
``(i) to a covered executive branch
official or a covered legislative branch
official;
``(ii) the information derived from which
is for use in--
``(I) analyzing the markets for
securities, commodities for future
delivery, swaps, or security-based
swaps; or
``(II) informing investment
decisions in any such market; and
``(iii) which is made on behalf of a client
with regard to--
``(I) the formulation,
modification, or adoption of Federal
legislation (including legislative
proposals);
``(II) the formulation,
modification, or adoption of a Federal
rule, regulation, Executive order, or
any other program, policy, or position
of the United States Government;
``(III) the administration or
execution of a Federal program or
policy (including the negotiation,
award, or administration of a Federal
contract, grant, loan, permit, or
license); or
``(IV) the nomination or
confirmation of a person for a position
subject to confirmation by the Senate.
``(B) Exception.--The term `political intelligence
contact' does not include a communication that is--
``(i) made by a representative of a media
organization if the purpose of the
communication is gathering and disseminating
news and information to the public;
``(ii) made in a speech, article,
publication or other material that is
distributed and made available to the public,
or through radio, television, cable television,
or other medium of mass communication;
``(iii) made on behalf of a government of a
foreign country or a foreign political party
and disclosed under the Foreign Agents
Registration Act of 1938, as amended (22 U.S.C.
611 et seq.);
``(iv) a request for a meeting, a request
for the status of an action, or any other
similar administrative request, if the request
does not include an attempt to influence a
covered executive branch official or a covered
legislative branch official;
``(v) made in the course of participation
in an advisory committee subject to the Federal
Advisory Committee Act (5 U.S.C. App.);
``(vi) testimony given before a committee,
subcommittee, or task force of either House of
Congress or the Congress, or submitted for
inclusion in the public record of a hearing
conducted by such committee, subcommittee, or
task force;
``(vii) 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
information;
``(viii) required by subpoena, civil
investigative demand, or otherwise compelled by
statute, regulation, or other action of the
Congress or an agency, including any
communication compelled by a Federal contract,
grant, loan, permit, or license;
``(ix) made in response to a notice in the
Federal Register, Commerce Business Daily, or
other similar publication soliciting
communications from the public and directed to
the agency official specifically designated in
the notice to receive such communications;
``(x) not possible to report without
disclosing information, the unauthorized
disclosure of which is prohibited by law;
``(xi) made to an official in an agency
with regard to--
``(I) a judicial proceeding or a
criminal or civil law enforcement
inquiry, investigation, or proceeding;
or
``(II) a filing or proceeding that
the Government is specifically required
by statute or regulation to maintain or
conduct on a confidential basis, if
that agency is charged with
responsibility for such proceeding,
inquiry, investigation, or filing;
``(xii) made in compliance with written
agency procedures regarding an adjudication
conducted by the agency under section 554 of
title 5, United States Code, or substantially
similar provisions;
``(xiii) a written comment filed in the
course of a public proceeding or any other
communication that is made on the record in a
public proceeding;
``(xiv) a petition for agency action made
in writing and required to be a matter of
public record pursuant to established agency
procedures;
``(xv) made on behalf of an individual with
regard to that individual's benefits,
employment, or other personal matters involving
only that individual, except that this clause
does not apply to any communication with a
covered legislative branch official (other than
the individual's elected Members of Congress or
employees who work under such Members' direct
supervision), with respect to the formulation,
modification, or adoption of private
legislation for the relief of that individual;
``(xvi) a disclosure by an individual that
is protected under paragraphs (8) and (9) of
section 2302 of title 5, United States Code (or
another comparable Federal statute), under the
Inspector General Act of 1978 (5 U.S.C. App.),
or under another provision of law;
``(xvii) made by--
``(I) a church, its integrated
auxiliary, or a convention or
association of churches that is exempt
from filing a Federal income tax return
under paragraph (2)(A)(i) of section
6033(a) of the Internal Revenue Code of
1986; or
``(II) a religious order that is
exempt from filing a Federal income tax
return under paragraph (2)(A)(iii) of
such section 6033(a); or
``(xviii)(I) between--
``(aa) officials of a self-
regulatory organization (as defined in
section 3(a)(26) of the Securities
Exchange Act of 1934 (15 U.S.C.
78c(a)(26)) 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 U.S.C. 1 et seq.); and
``(bb) the Securities and Exchange
Commission or the Commodities Future
Trading Commission, respectively; and
``(II) relating to the regulatory
responsibilities of such organization under
that Act.
``(21) 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 entity.'';
(8) by inserting after paragraph (22), as so redesignated,
the following:
``(23) Security.--The term `security' has the meaning given
such term in section 3(a)(10) of the Securities Exchange Act of
1934 (15 U.S.C. 78c(a)(10)).
``(24) Security-based swap.--The term `security-based swap'
has the meaning given such term in section 3(a)(68) of the
Securities Exchange Act of 1934 (15 U.S.C. 78c(a)(68)).''; and
(9) by adding at the end the following:
``(26) Swap.--The term `swap' has the meaning given such
term in section 1a(47) of the Commodity Exchange Act (7 U.S.C.
1a(47)).''.
(b) Registration Requirement.--Section 4 of the Lobbying Disclosure
Act of 1995 (2 U.S.C. 1603) is amended--
(1) in the section heading, by inserting ``and political
intelligence consultants'' after ``lobbyists'';
(2) in subsection (a)--
(A) by amending paragraph (1) to read as follows:
``(1) General rule.--A lobbyist or a political intelligence
consultant (or, as provided under paragraph (2), the
organization employing such lobbyist or consultant), shall
register with the Director of the Office of Public Integrity--
``(A) no later than 30 days after--
``(i) the lobbyist is first employed or
retained to engage in lobbying activities on
behalf of a client or first engages in lobbying
activities, whichever is earlier; or
``(ii) the political intelligence
consultant first makes a political intelligence
contact or is employed or retained to make a
political intelligence contact, whichever is
earlier; or
``(B) on the first business day after such 30th day
if the 30th day is not a business day.'';
(B) in paragraph (2), by inserting after
``lobbyists'' each place that term appears the
following: ``or political intelligence consultants'';
and
(C) in paragraph (3)(A)--
(i) in clause (i)--
(I) by inserting after ``lobbying
activities'' the following: ``and
political intelligence activities'';
and
(II) by inserting after ``lobbying
firm'' the following: ``or political
intelligence firm''; and
(ii) in clause (ii)--
(I) by inserting after ``lobbying
activities'' the first place it appears
the following: ``and political
intelligence activities''; and
(II) by inserting after ``lobbying
activities'' the second place it
appears the following: ``or political
intelligence activities'';
(3) in subsection (b)--
(A) in paragraph (3), by inserting after ``lobbying
activities'' each place that term appears the
following: ``or political intelligence activities'';
(B) in paragraph (5), by inserting after ``lobbying
activities'' each place that term appears the
following: ``or political intelligence activities'';
(C) in the matter following paragraph (6), by
inserting ``or political intelligence activities''
after ``such lobbying activities'';
(D) in paragraph (7), by inserting ``or political
intelligence consultant'' after ``lobbyist'';
(E) in the matter following paragraph (7), by
adding ``Any threshold dollar amount or percentage
described in this subsection relates to the sum of the
income, contributions, or percent equitable ownership
related to lobbying activities and the income,
contributions, or percent equitable ownership related
to political intelligence activities.'' at the end; and
(4) in subsection (d), by inserting after ``lobbying
activities'' each place that term appears the following: ``or
political intelligence activities''.
(c) Reports by Registered Political Intelligence Consultants.--
Section 5 of the Lobbying Disclosure Act of 1995 (2 U.S.C. 1604) is
amended--
(1) in the section heading, by inserting ``and political
intelligence consultants'' after ``lobbyists'';
(2) in subsection (a), by inserting after ``lobbying
activities'' the following: ``and political intelligence
activities'';
(3) in subsection (b)--
(A) in paragraph (2)--
(i) in the matter preceding subparagraph
(A), by inserting after ``lobbying activities''
the following: ``or political intelligence
activities'';
(ii) in subparagraph (A)--
(I) by inserting after ``lobbyist''
the following: ``or political
intelligence consultant''; and
(II) by inserting after ``lobbying
activities'' the following: ``or
political intelligence activities'';
(iii) in subparagraph (B), by inserting
after ``lobbyists'' the following: ``or
political intelligence consultants''; and
(iv) in subparagraph (C), by inserting
after ``lobbyists'' the following: ``or
political intelligence consultants'';
(B) in paragraph (3)--
(i) by inserting after ``lobbying firm''
the following: ``or political intelligence
firm''; and
(ii) by inserting after ``lobbying
activities'' each place that term appears the
following: ``or political intelligence
activities'';
(C) in paragraph (4), by inserting after ``lobbying
activities'' each place that term appears the
following: ``or political intelligence activities'';
and
(D) in paragraph (6), by inserting ``or political
intelligence consultant'' after ``lobbyist''; and
(4) in subsection (d)(1), in the matter preceding
subparagraph (A), by inserting ``or a political intelligence
consultant'' after ``a lobbyist''.
(d) Disclosure and Enforcement.--Section 6(a) of the Lobbying
Disclosure Act of 1995 (2 U.S.C. 1605(a)) is amended--
(1) in paragraph (3)(A), by inserting after ``lobbying
firms,'' the following: ``political intelligence consultants,
political intelligence firms,'';
(2) in paragraph (7), by striking ``or lobbying firm'' and
inserting ``lobbying firm, political intelligence consultant,
or political intelligence firm''; and
(3) in paragraph (8), by striking ``or lobbying firm'' and
inserting ``lobbying firm, political intelligence consultant,
or political intelligence firm''.
(e) Rules of Construction.--Section 8(b) of the Lobbying Disclosure
Act of 1995 (2 U.S.C. 1607(b)) is amended by striking ``or lobbying
contacts'' and inserting ``lobbying contacts, political intelligence
activities, or political intelligence contacts''.
(f) Identification of Clients and Covered Officials.--Section 14 of
the Lobbying Disclosure Act of 1995 (2 U.S.C. 1609) is amended--
(1) in subsection (a)--
(A) in the heading, by inserting ``or Political
Intelligence'' after ``Lobbying'';
(B) by inserting ``or political intelligence
contact'' after ``lobbying contact'' each place that
term appears; and
(C) in paragraph (2), by inserting ``or political
intelligence activity, as the case may be'' after
``lobbying activity'';
(2) in subsection (b)--
(A) in the heading, by inserting ``or Political
Intelligence'' after ``Lobbying'';
(B) by inserting ``or political intelligence
contact'' after ``lobbying contact'' each place that
term appears; and
(C) in paragraph (2), by inserting ``or political
intelligence activity, as the case may be'' after
``lobbying activity''; and
(3) in subsection (c), by inserting ``or political
intelligence contact'' after ``lobbying contact''.
(g) Gifts.-- Section 25 of the Lobbying Disclosure Act of 1995 (2
U.S.C. 1613) is amended--
(1) in the section heading, by inserting ``and political
intelligence consultants'' after ``lobbyists''; and
(2) in subsection (b)--
(A) by inserting ``or political intelligence
consultant'' after ``any lobbyist'';
(B) by inserting ``or political intelligence
consultants'' after ``1 or more lobbyists''; and
(C) by inserting ``or political intelligence
consultant'' after ``listed as a lobbyist''.
(h) Annual Audits and Reports by Comptroller General.--Section 26
of the Lobbying Disclosure Act of 1995 (2 U.S.C. 1614) is amended--
(1) in subsection (a)--
(A) by inserting ``political intelligence firms,
political intelligence consultants,'' after ``lobbying
firms''; and
(B) by striking ``lobbying registrations'' and
inserting ``registrations'';
(2) in subsection (b)(1)(A), by inserting ``political
intelligence firms, political intelligence consultants,'' after
``lobbying firms''; and
(3) in subsection (c), by inserting ``or political
intelligence consultant'' after ``a lobbyist''.
SEC. 152. EFFECTIVE DATE.
The amendments made by this subtitle shall apply with respect to
any political intelligence contact (as defined in section 3 of the
Lobbying Disclosure Act of 1995 (2 U.S.C. 1602), as amended by this
subtitle) that is made on or after the date that is 1 year after the
date of the enactment of this Act.
TITLE II--LOBBYING REFORM
SEC. 201. ENFORCEMENT BY THE OFFICE OF PUBLIC INTEGRITY.
The Lobbying Disclosure Act of 1995 (2 U.S.C. 1601 et seq.) is
amended--
(1) in section 4(d) (2 U.S.C. 1603(d)), in the flush text
following paragraph (2), by striking ``Secretary of the Senate
and the Clerk of the House of Representatives'' and inserting
``Director of the Office of Public Integrity'';
(2) in section 5 (2 U.S.C. 1604)--
(A) in subsection (a), by striking ``Secretary of
the Senate and the Clerk of the House of
Representatives'' and inserting ``Director of the
Office of Public Integrity'';
(B) in subsection (d)(1), in the matter preceding
subparagraph (A), by striking ``Secretary of the Senate
and the Clerk of the House of Representatives'' and
inserting ``Director of the Office of Public
Integrity''; and
(C) in subsection (e)--
(i) by striking ``Secretary of the Senate
or the Clerk of the House of Representatives''
and inserting ``Director of the Office of
Public Integrity''; and
(ii) by striking ``Secretary of the Senate
and the Clerk of the House of Representatives''
and inserting ``Director of the Office of
Public Integrity'';
(3) in section 6(a) (2 U.S.C. 1605(a)), in the matter
preceding paragraph (1), by striking ``Secretary of the Senate
and the Clerk of the House of Representatives'' and inserting
``Director of the Office of Public Integrity'';
(4) in section 7(a)(1) (2 U.S.C. 1606(a)(1)), by striking
``Secretary of the Senate or the Clerk of the House of
Representatives'' and inserting ``Director of the Office of
Public Integrity''; and
(5) in section 8(c) (2 U.S.C. 1607(c)), by striking
``Secretary of the Senate or the Clerk of the House of
Representatives'' and inserting ``Director of the Office of
Public Integrity''.
SEC. 202. DEFINITIONS.
Section 3 of the Lobbying Disclosure Act of 1995 (2 U.S.C. 1602) is
amended--
(1) by inserting after paragraph (3), as added by section
151(a) of this Act, the following:
``(4) Corporate lobbyist.--The term `corporate lobbyist'
means a lobbyist that, for financial or other compensation for
services that include lobbying activities, is employed or
retained by a client that is--
``(A) a covered for-profit entity; or
``(B) an entity described in section 501(c)(6) of
the Internal Revenue Code of 1986 of which 1 or more
members are covered for-profit entities.'';
(2) by inserting after paragraph (5), as so redesignated by
section 151(a) of this Act, the following:
``(6) Covered for-profit entity.--The term `covered for-
profit entity'--
``(A) means--
``(i) a corporation, limited liability
company, or other entity that is created by the
filing of a public document with a secretary of
state of a State or similar office;
``(ii) a general partnership; or
``(iii) any similar entity formed under the
laws of a foreign jurisdiction; and
``(B) does not include--
``(i) an entity described in paragraph (3),
(4), or (5) of section 501(c) of the Internal
Revenue Code of 1986;
``(ii) a political organization, as defined
in section 527 of such Code, that is exempt
from taxation under that section.'';
(3) in paragraph (11), as so redesignated by section 151(a)
of this Act, by inserting ``provision of strategic advice,
and'' after ``planning activities,'';
(4) in paragraph (10)(B), as so redesignated by section
151(a) of this Act--
(A) by striking clause (v); and
(B) by redesignating clauses (vi) through (xix) as
clauses (v) through (xviii), respectively; and
(5) by striking paragraph (13), as so redesignated by
section 151(a) of this Act, and inserting the following:
``(13) Lobbyist.--The term `lobbyist'--
``(A) means an individual who is employed or
retained by a client for financial or other
compensation--
``(i) for services that include making 1 or
more lobbying contacts; or
``(ii) to engage in lobbying activities
that do not include making lobbying contacts;
and
``(B) includes a corporate lobbyist.''.
SEC. 203. REGISTRATION OF LOBBYISTS.
Section 4 of the Lobbying Disclosure Act of 1995 (2 U.S.C. 1603) is
amended--
(1) in subsection (a)(3)--
(A) in subparagraph (A)--
(i) by redesignating clauses (i) and (ii)
as subclauses (I) and (II), respectively, and
adjusting the margins accordingly;
(ii) in the matter preceding subclause (I),
as so redesignated, by striking ``entity
whose--'' and inserting the following:
``entity--
``(i) of which the--'';
(iii) in clause (i), as so designated--
(I) in subclause (I), as so
redesignated, by inserting ``, as
estimated under section 5'' after
``$2,500''; and
(II) in subclause (II), as so
redesignated, by inserting ``as
estimated under section 5; or'' after
``$10,000,'';
(iv) by inserting after clause (i)(II), as
so designated, the following:
``(ii) that engages in lobbying activities
for less than 8 hours,''; and
(v) in the flush text following clause
(ii)--
(I) by striking ``(as estimated
under section 5)''; and
(II) by striking ``with respect to
such client'' and inserting ``, in the
case of a person or entity described in
subclause (I) or (II) of clause (i),
with respect to such client, or, in the
case of a person or entity described in
clause (ii), with respect to any client
of the person or entity.''; and
(B) in subparagraph (B), by striking ``subparagraph
(A)'' and inserting ``subparagraph (A)(i)'';
(2) in subsection (b)--
(A) by striking paragraph (4);
(B) by redesignating paragraphs (5) and (6) as
paragraphs (4) and (5), respectively;
(C) in paragraph (4), as so redesignated--
(i) in subparagraph (A)--
(I) by striking ``the general
issues areas'' and inserting ``each
specific issue area''; and
(II) by striking ``and'' at the
end;
(ii) by redesignating subparagraph (B) as
subparagraph (C);
(iii) by inserting after subparagraph (A)
the following:
``(B) each specific action or inaction that, as of
the date of the registration, has already been
requested, or that will be requested;''; and
(iv) in subparagraph (C), as so
redesignated--
(I) by striking ``to the extent
practicable, specific issues that
have'' and inserting ``each specific
issue, including any Federal
legislation, rule, or regulation, or
Executive order, that has''; and
(II) by striking ``are'' and
inserting ``is'';
(D) in paragraph (5), as so redesignated, by
striking the period and inserting a semicolon; and
(E) by inserting after paragraph (5), as so
redesignated, the following:
``(6) the name of each covered legislative branch official
or covered executive branch official who, as of the date of the
registration, has already been contacted, or is likely to be
contacted, in any lobbying activity on behalf of the client;
and
``(7) with respect to any person or entity that, as of the
date of the registration, or has been retained, by the
registrant to engage in any lobbying activity on behalf of the
client of the registrant--
``(A) the name, address, business telephone number,
and principal place of business of the person or
entity;
``(B) a description of any lobbying contact that,
as of the date of the registration, has been made in,
or is likely to be made, on behalf of the client of the
registrant by the person or entity;
``(C) with respect to the lobbying activity on
behalf of the client of the registrant, the amount that
the registrant, as of the date of the registration, has
paid, or is likely to pay, to the person or entity as
compensation for the lobbying activity; and
``(D) the name of each employee of the person or
entity who, as of the date of the registration, has
supervised, or who is likely to supervise, any lobbying
activity on behalf of the client of the registrant.'';
and
(3) by striking subsection (c) and inserting the following:
``(c) Multiple Clients.--In the case of a registrant that engages
in lobbying activities or political intelligence activities on behalf
of more than 1 client, the registrant shall file a separate
registration for each client.''.
SEC. 204. REPORTS BY LOBBYISTS.
(a) Quarterly Reports.--Section 5(b) of the Lobbying Disclosure Act
of 1995 (2 U.S.C. 1604(b)) is amended--
(1) by striking paragraph (2) and inserting the following:
``(2) a statement of--
``(A) each specific issue with respect to which the
registrant, or any employee of the registrant, engaged
in lobbying activities or political intelligence
activities, including, to the maximum extent
practicable, a statement of each bill number and
reference to any specific Federal rule or regulation,
Executive order, or any other program, policy, or
position of the United States Government;
``(B) each lobbying activity or political
intelligence activity that the registrant has engaged
in on behalf of the client, including--
``(i) each document prepared by the
registrant that was submitted to any covered
legislative branch official or covered
executive branch official;
``(ii) each meeting conducted that
constituted a lobbying contact or a political
intelligence contact, including the subject of
the meeting, the date of the meeting, and the
name and position of each individual who was a
party to the meeting;
``(iii) each phone call made that
constituted a lobbying contact or a political
intelligence contact, including the subject of
the phone call, the date of the phone call, and
the name and position of each individual who
was a party to the phone call; and
``(iv) each email sent that constituted a
lobbying contact or a political intelligence
contact, including the subject of the email,
the date of the email, and the name and
position of each individual who was a party to
the email;
``(C) 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 activities,
respectively, in support of the lobbying contact or
political intelligence contact, respectively, and a
description of any such lobbying activity or a
political intelligence activity; and
``(D) 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--
``(i) the name, address, business telephone
number, and principal place of business of the
person or entity;
``(ii) a description of any lobbying
activity or political intelligence activity by
the person or entity on behalf of the client of
the registrant;
``(iii) 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 registrant;
``(iv) 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 registrant; and
``(v) the official action or inaction
requested in the course of the lobbying
activity;''.
(2) in paragraph (4), by striking ``and'' at the end;
(3) in paragraph (5), by striking the period and inserting
``; and''; and
(4) by adding at the end the following:
``(6) 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 client.''.
(b) Estimates Based on Tax Reporting System.--Section 15 of the
Lobbying Disclosure Act (2 U.S.C. 1610) is repealed.
SEC. 205. PROHIBITION ON FOREIGN LOBBYING.
(a) In General.--The Lobbying Disclosure Act of 1995 (2 U.S.C. 1601
et seq.) is amended--
(1) by redesignating section 26 (2 U.S.C. 1614) as section
28; and
(2) by inserting after section 25 (2 U.S.C. 1613) the
following:
``SEC. 26. PROHIBITION ON FOREIGN LOBBYING.
``(a) Definition.--In this section--
``(1) the term `covered lobbyist' means--
``(A) a lobbyist that is registered or is required
to register under section 4(a)(1);
``(B) an organization that employs 1 or more
lobbyists and is registered, or is required to
register, under section 4(a)(2); and
``(C) an employee listed or required to be listed
as a lobbyist by a registrant under section 4(b)(6) or
5(b)(2)(C); and
``(2) the terms `information-service employee', `public-
relations counsel', and `publicity agent' have the meanings
given those terms in section 1 of the Foreign Agents
Registration Act of 1938 (22 U.S.C. 611).
``(b) Prohibition.--Except as provided in subsection (c), a covered
lobbyist may not accept financial or other compensation for services
that include lobbying activities on behalf of a foreign entity.
``(c) Exemptions.--The prohibition under subsection (b) shall not
apply to the following covered lobbyists:
``(1) Diplomatic or consular officers.--A duly accredited
diplomatic or consular officer of a foreign government who is
so recognized by the Department of State, 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 officer.
``(2) Officials of foreign governments.--An official of a
foreign government, if that government is recognized by the
United States, who is not a public-relations counsel, a
publicity agent, or an information-service employee, or a
citizen of the United States, whose name and status and the
character of whose duties as an official are of public record
in the Department of State, 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
official.
``(3) Staff members of diplomatic or consular officers.--A
member of the staff of, or any person employed by, a duly
accredited diplomatic or consular officer of a foreign
government who is so recognized by the Department of State,
other than a public-relations counsel, a publicity agent, or an
information-service employee, whose name and status and the
character of whose duties as such member or employee are of
public record in the Department of State, 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
employee.
``(4) 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 assistance, or for food and
clothing to relieve human suffering, if the solicitation or
collection of funds and contributions is in accordance with,
and subject to, the provisions of the Neutrality Act of 1939
(22 U.S.C. 441 et seq.), and such rules and regulations as may
be prescribed thereunder.
``(5) Certain persons qualified to practice law.--
``(A) In general.--A person qualified to practice
law, insofar as the person engages, or agrees to engage
in, the legal representation of a disclosed foreign
entity before any court of law or any agency of the
Government of the United States.
``(B) Legal representation.--For the purpose of
this paragraph, legal representation does not include
any attempt to influence or persuade agency personnel
or officials other than in the course of--
``(i) a judicial proceeding;
``(ii) a criminal or civil law enforcement
inquiry, investigation, or proceeding; or
``(iii) an agency proceeding required by
statute or regulation to be conducted on the
record.
``(d) Penalties.--Any person who knowingly violates this section
shall be fined not more than $200,000, imprisoned for not more than 5
years, or both, and any compensation received for engaging in the
unlawful activity shall be subject to disgorgement.''.
(b) Conforming Amendment.--Section 7 of the Lobbying Disclosure Act
of 1995 (2 U.S.C. 1606) is amended--
(1) in subsection (a), in the matter preceding paragraph
(1), by striking ``Whoever'' and inserting ``Except as
otherwise provided in this Act, whoever''; and
(2) in subsection (b), by striking ``Whoever'' and
inserting ``Except as otherwise provided in this Act,
whoever''.
SEC. 206. PROHIBITION ON CONTINGENT FEE LOBBYING.
The Lobbying Disclosure Act of 1995 (2 U.S.C. 1601 et seq.) is
amended by inserting after section 26, as added by section 205, the
following:
``SEC. 27. PROHIBITION ON CONTINGENT FEE ARRANGEMENTS.
``(a) Definitions.--In this section, the term `covered lobbyist'
means--
``(1) a lobbyist that is registered or is required to
register under section 4(a)(1);
``(2) an organization that employs 1 or more lobbyists and
is registered, or is required to register, under section
4(a)(2); and
``(3) an employee listed or required to be listed as a
lobbyist by a registrant under section 4(b)(6) or 5(b)(2)(C).
``(b) Prohibition.--A covered lobbyist may not be employed under,
or receive compensation in connection with, an arrangement in which
compensation paid to the covered lobbyist is contingent on the result
of lobbying activities engaged in by the covered lobbyist.
``(c) Penalties.--Any person who knowingly violates this section
shall be fined not more than $200,000, imprisoned for not more than 5
years, or both, and any compensation received for engaging in the
unlawful activity shall be subject to disgorgement.''.
SEC. 207. PROHIBITION ON PROVISION OF GIFTS OR TRAVEL BY REGISTERED
LOBBYISTS.
Section 25 of the Lobbying Disclosure Act of 1995 (2 U.S.C. 1613)
is amended--
(1) in the section heading, by striking ``to members of
congress and to congressional employees'';
(2) by striking subsection (a) and inserting the following:
``(a) Prohibition.--Except as provided in subsection (c), a person
described in subsection (b) may not make a gift or provide travel to a
covered legislative branch official or a covered executive branch
official.''; and
(3) by adding at the end the following:
``(c) Exceptions.--A person described in subsection (b) may make a
gift or provide travel to a covered legislative branch official or a
covered executive branch official if--
``(1) the gift or travel complies with any applicable rule
of the Senate, House of Representatives, or executive branch
applicable to the recipient of the gift or travel; and
``(2) the gift or travel--
``(A) 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 official, 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 official;
``(B) is a discount or similar benefit;
``(C) results from the business or employment
activities of the spouse of the covered legislative
branch official or a covered executive branch official;
``(D) is a gift or travel customarily provided by a
prospective employer in connection with bona fide
employment discussions;
``(E) in the case of a covered executive branch
official, is of a kind authorized by a supplemental
agency regulation that is--
``(i) issued by the agency that employs the
covered executive branch official; and
``(ii) approved by the Director of the
Office of Public Integrity; or
``(F) may be accepted by the covered legislative
branch official or covered executive branch official
under specific Federal statutory authority.''.
SEC. 208. APPLICATION OF GENERAL SCHEDULE TO CONGRESS.
(a) In General.--Section 5331 of title 5, United States Code, is
amended--
(1) in subsection (a), by striking ``this subchapter,
`agency', `employee', `position','' and inserting the
following: ``this subchapter--
``(1) `agency'--
``(A) has the meaning given that term in section
5102 of this title; and
``(B) includes--
``(i) the Government Accountability Office;
and
``(ii) any agency, office, or other entity
for which the pay of the employees of the
agency, office, or other entity is disbursed by
the Secretary of the Senate or the Chief
Administrative Officer of the House of
Representatives;
``(2) `employee'--
``(A) means an individual employed in or under an
agency; and
``(B) does not include a Member of Congress; and
``(3) `position',''; and
(2) in subsection (b), by inserting ``and employees in
positions in an agency described in subsection (a)(1)(B)''
after ``chapter 51 applies''.
(b) Technical and Conforming Amendments.--
(1) Section 5 of the Federal Pay Comparability Act of 1970
(2 U.S.C. 4531) is repealed.
(2) Section 311 of the Legislative Branch Appropriations
Act, 1988 (2 U.S.C. 4532) is repealed.
(3) Sections 471 and 475 of the Legislative Reorganization
Act of 1970 (2 U.S.C. 4533, 4534) are repealed.
(4) Section 4 of the Federal Pay Comparability Act of 1970
(2 U.S.C. 4571) is repealed.
(5) Section 107 of the Legislative Branch Appropriation
Act, 1977 (2 U.S.C. 4572) is repealed.
(6) Section 315 of the Legislative Branch Appropriations
Act, 1991 (2 U.S.C. 4573) is repealed.
(7) Section 105 of the Legislative Branch Appropriation
Act, 1968 (2 U.S.C. 4575) is amended--
(A) by striking subsection (a);
(B) by striking subsection (c);
(C) by striking subsection (e); and
(D) by striking subsection (f).
(8) Section 114 of the Legislative Branch Appropriation
Act, 1978 (2 U.S.C. 4576) is amended by striking ``maximum rate
specified'' and all that follows and inserting ``rate payable
for a position at level 15, step 10 of the General Schedule.''.
(9) Section 102(c)(2)(B) of the Legislative Branch
Appropriations Act, 2002 (2 U.S.C. 4579(c)(2)(B)) is amended by
striking ``exceeding'' and all that follows and inserting
``exceeding \1/12\th of the maximum annual rate of pay that is
payable for positions on the General Schedule under section
5304(g)(1) of title 5, United States Code.''.
SEC. 209. REESTABLISHMENT OF OFFICE OF TECHNOLOGY ASSESSMENT.
(a) Authorization of Appropriations.--Section 12(a) of the
Technology Assessment Act of 1972 (2 U.S.C. 481(a)) 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 necessary.''.
(b) Initial Appointments.--Not later than 60 days after the date on
which appropriations are made available to reestablish the Office of
Technology Assessment, 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 4(a) of the
Technology Assessment Act of 1972 (2 U.S.C. 473(a)).
(c) Initial Recommendations.--
(1) In general.--Not later than 270 days after the date on
which all members of the Technology Assessment Board are
appointed under subsection (b), and after reviewing
recommendations relating to the reestablishment of the Office
of Technology Assessment and meeting with relevant
stakeholders, the Technology Assessment Board shall submit to
Congress recommendations concerning how Congress should enhance
technology assessment support for the legislative branch,
including whether Congress should enact new or revised
authorities that address resources, function, structure, or
other matters the Technology Assessment Board determines
appropriate.
(2) Review.--Not later than 90 days after the date on which
Congress receives the recommendations under paragraph (1), 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 recommendations.
(d) Adjustments to Other Laws.--
(1) Annual reports.--Section 3003(a)(1) of the Federal
Reports Elimination and Sunset Act of 1995 (31 U.S.C. 1113
note) shall not apply to any report submitted under section 11
of the Technology Assessment Act of 1972 (Public Law 92-48, 86
Stat. 802).
(2) Information for the congressional budget office.--
Section 201(e) of the Congressional Budget Act of 1974 (2
U.S.C. 601(e)) is amended--
(A) by inserting ``the Office of Technology
Assessment,'' after ``Government Accountability
Office,''; and
(B) by inserting ``the Technology Assessment
Board,'' after ``Comptroller General,''.
(3) Inclusion as an instrumentality of congress.--Section
510(4) of the Americans with Disabilities Act of 1990 (42
U.S.C. 12209(4)) is amended by striking ``following:,'' and
inserting ``following: the Office of Technology Assessment,''.
(e) Technical Amendments.--Section 7(e)(1) of the Technology
Assessment Act of 1972 (2 U.S.C. 476(e)(1)) is amended by striking
``section 5702 and in 5704 of title 5'' and inserting ``sections 5702
and 5704 of title 5, United States Code''.
SEC. 210. PROGRESSIVE TAX ON LOBBYING EXPENDITURES.
(a) Tax Provisions Relating to Lobbying Expenditures.--
(1) Excise tax on expenditures for lobbying activities.--
(A) In general.--Chapter 33 of the Internal Revenue
Code of 1986 is amended by inserting after subchapter C
the following new subchapter:
``Subchapter D--Lobbying Activities
``Sec.
``4286. Imposition of tax.
``SEC. 4286. IMPOSITION OF TAX.
``(a) In General.--There is hereby imposed on quarterly lobbying
expenditures in excess of $125,000 a tax determined in accordance with
the following table:
``If quarterly lobbying The tax is:
expenditures are:
Over $125,000 but not over
$250,000.
35% of the quarterly lobbying
expenditures in excess
of $125,000.
Over $250,000 but not over
$1,250,000.
$43,750, plus 60% of the excess
over $250,000.
Over $1,250,000................
$643,750, plus 75% of the
excess over $1,250,000.
``(b) Exception.--
``(1) In general.--Except as provided in paragraph (2), the
tax imposed by this section shall not apply to any organization
described in section 501(c) and exempt from tax under section
501(a).
``(2) Application to certain business organizations.--
Paragraph (1) shall not apply to any organization which--
``(A) is described in section 501(c)(6) and exempt
from tax under section 501(a), and
``(B) has as a member of such organization an
organization that is not described in section 501(c)
and exempt from tax under section 501(a).
``(c) Payment of Tax.--The tax imposed by this section shall be
paid by the person paying for the quarterly lobbying expenditures.
``(d) Definitions.--For purposes of this section, the term
`quarterly lobbying expenditures' means, with respect to any calendar
quarter, the expenditures paid or incurred for lobbying activities (as
defined under section 3 of the Lobbying Disclosure Act of 1995) during
such calendar quarter.
``(e) Special Rule.--For purposes of this section, all persons
treated as a single employer under subsection (a) or (b) of section 52
shall be treated as a single person.''.
(B) Conforming amendment.--The table of subchapters
for chapter 33 of such Code is amended by inserting
after the item related to subchapter C the following
new item:
``subchapter d--lobbying activities''.
(C) Effective date.--The amendments made by this
paragraph shall apply to amounts paid or incurred in
calendar quarters beginning more than 60 days after the
date of the enactment of this Act.
(2) Modification of definition of influencing legislation
for purposes of restrictions on certain charitable
organizations.--
(A) In general.--Section 4911(e)(2) of the Internal
Revenue Code of 1986 is amended--
(i) by striking ``includes action with
respect to Acts, bills'' and inserting
``includes--
``(i) the formulation, modification, or
adoption of Acts, bills''; and
(ii) by adding at the end the following new
subparagraphs:
``(ii) the formulation, modification, or
adoption of a Federal rule, regulation,
Executive order, or any other program, policy,
or position of the United States Government,
``(iii) the administration or execution of
a Federal program or policy (including the
negotiation, award, or administration of a
Federal contract, grant, loan, permit, or
license), and
``(iv) the nomination or confirmation of a
person for a position subject to confirmation
by the Senate.''.
(B) Conforming amendments.--Section 4911(e) of such
Code is amended by striking paragraph (3) and
redesignating paragraph (4) as paragraph (3).
(C) Effective date.--The amendments made by this
paragraph shall take effect 180 days after the date of
the enactment of this Act.
(b) Lobbying Defense Trust Fund.--
(1) Establishment of fund.--
(A) In general.--Subchapter A of chapter 98 of the
Internal Revenue Code of 1986 is amended by adding at
the end the following new section:
``SEC. 9512. LOBBYING DEFENSE TRUST FUND.
``(a) In General.--There is established in the Treasury of the
United States a trust fund to be known as the `Lobbying Defense Trust
Fund', consisting of any amount appropriated or credited to the Trust
Fund as provided in this section or section 9602(b).
``(b) Transfers to Trust Fund.--There is hereby appropriated to the
Lobbying Defense Trust Fund amounts equivalent to--
``(1) the taxes received in the Treasury under section
4286, and
``(2) the civil penalties collected under the Anti-
Corruption and Public Integrity Act and the amendments made by
that Act.
``(c) Availability.--Amounts transferred to the Lobbying Defense
Trust Fund shall--
``(1) remain available until expended; and
``(2) be used, without further appropriation, by the
Director of the Office of Public Integrity in accordance with
subsection (d).
``(d) Use of Funds.--
``(1) Transfers to agencies.--
``(A) In general.--For each calendar quarter
beginning more than 60 days after the date of the
enactment of this section, not later than 30 days after
the end of the quarter, the Director of the Office of
Public Integrity (in this subsection referred to as the
`Director') shall identify specific rules or other
agency actions that were the subject of significant
lobbying activity directed toward an executive agency
during the quarter.
``(B) Transfer.--Not later than the end of each
calendar quarter beginning more than 60 days after the
date of the enactment of this section, 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--
``(i) the amount of taxes received in the
Treasury under section 4286 that are
attributable to lobbying expenditures during
the previous quarter; by
``(ii) the percentage of such taxes that
were based on lobbying expenditures during the
previous quarter related to rulemaking within
the jurisdiction of the executive agency.
``(C) Use of transferred funds.--An executive
agency may use amounts transferred under subparagraph
(B) for salaries and expenses relating to researching,
reviewing, or finalizing rules or other agency actions
in accordance with section 553 or 554 of title 5,
United States Code.
``(D) Availability.--Amounts transferred under
subparagraph (B) shall remain available until expended.
``(2) Office of the public advocate.--
``(A) Budget submission.--For each fiscal year
beginning more than 60 days after the date of enactment
of this section, the National Public Advocate shall
submit to the Director a request--
``(i) indicating the amount the National
Public Advocate is requesting be transferred to
the Office of the Public Advocate; and
``(ii) describing the activities of the
Office of the Public Advocate that would be
carried out using the amounts.
``(B) Transfer.--After consideration of the request
submitted under subparagraph (A) with respect to a
fiscal year, the Director shall transfer to the Office
of the Public Advocate from the Lobbying Defense Trust
Fund the amount determined appropriate by the Director.
``(C) Use of funds.--Amounts transferred under
subparagraph (B) may be used for any authorized
activity of the Office of the Public Advocate,
including salaries and expenses.
``(D) Availability.--Amounts transferred under
subparagraph (B) shall remain available until expended.
``(3) Congressional support agencies.--
``(A) Transfer.--Not later than the end of each
calendar quarter beginning more than 60 days after the
date of the enactment of this section, the Director
shall transfer from the Lobbying Defense Trust Fund to
the Congressional Research Service, the Congressional
Budget Office, the Government Accountability Office,
and the Office of Technology Assessment an amount equal
to 25 percent of the difference between--
``(i) the amount of taxes received in the
Treasury under section 4286 that are
attributable to lobbying expenditures during
the previous quarter; and
``(ii) the amount of such taxes that were
based on lobbying expenditures during the
previous quarter related to rulemaking within
the jurisdiction of an executive agency.
``(B) Use of funds.--Amounts transferred under
subparagraph (A) may be used for any authorized
activity of the agency receiving the amounts, including
salaries and expenses.
``(C) Availability.--Amounts transferred under
subparagraph (A) shall remain available until expended.
``(4) Regulations.--Not later than 180 days after the date
of enactment of this Act, the Director shall promulgate
regulations defining the term `significant lobbying activity'
for purposes of this subsection.''.
(2) Clerical amendment.--The table of sections for
subchapter A of chapter 98 of such Code is amended by adding at
the end the following new item:
``9512. Lobbying Defense Trust Fund.''.
(3) Effective date.--The amendments made by this subsection
shall take effect on the date of enactment of this Act.
SEC. 211. DISCLOSURE OF REGISTRATION STATUS.
Section 14 of the Lobbying Disclosure Act of 1995 (2 U.S.C. 1609)
is amended--
(1) by striking subsections (a) and (b) and inserting the
following:
``(a) Lobbying Contacts.--Any person or entity that makes a
lobbying contact with a covered legislative branch official or a
covered executive branch official shall, at the time of the lobbying
contact, state whether the person or entity is registered under this
Act and identify the client on whose behalf the lobbying contact is
made.''; and
(2) by redesignating subsection (c) as subsection (b).
TITLE III--RULEMAKING REFORM
SEC. 301. DISCLOSURE OF CONFLICTS OF INTEREST.
(a) In General.--Section 553 of title 5, United States Code, is
amended--
(1) in subsection (c), in the first sentence, by inserting
``, subject to subsections (f) and (h),'' after ``the agency
shall''; and
(2) by adding at the end the following:
``(f) With respect to any submission by an interested person under
subsection (c) or any other submission by an interested person relating
to a proposed rule that incorporates or includes a scientific or
technical study, or any other result of scientific research not
published in a publicly available peer-reviewed publication, the
interested person, in making that submission, shall disclose--
``(1) the source of the funding for that study or research,
as applicable;
``(2) any entity that sponsored the study or research;
``(3) the extent to which the findings of the study or
research were reviewed by a party that may be affected by the
rule making to which the submission relates;
``(4) the identity of any party identified under paragraph
(3); and
``(5) the nature of any financial relationship, including a
consulting agreement, the support of any expert witness, and
the funding of research, between any person that conducted the
study or research and any interested person with respect to the
rule making to which the submission relates.''.
(b) Application.--Section 553(f) of title 5, United States Code, as
added by subsection (a), shall apply with respect to submissions made
by interested persons on and after the date of enactment of this Act.
SEC. 302. INCREASING DISCLOSURES RELATING TO STUDIES AND RESEARCH.
(a) In General.--Section 553 of title 5, United States Code, as
amended by section 301 of this Act, is amended by adding at the end the
following:
``(g) With respect to a study or research that is submitted by an
interested person to an agency under subsection (c), the agency shall
ensure that the study or research is available to the public, unless
disclosure is prohibited under section 552 of this title.
``(h)(1) If a study or research submitted by an interested person
to an agency under subsection (c) presents a conflict described in
paragraph (2), the agency shall not consider the study or research in a
rule making under this section and shall exclude the study or research
from consideration, unless the interested person has certified, under
standards developed by the National Academy of Sciences with respect to
that certification, that the study or research has undergone
independent peer review.
``(2) A conflict described in this paragraph means a study or
research for which--
``(A) not less than 20 percent of the funding for the study
or research is from an entity that is regulated by the agency;
or
``(B) an entity that is regulated by the agency exercises
editorial control over the study or research.
``(i) With respect to a rule making under this section, an agency
shall include in the notice of proposed rule making required under
subsection (b) and in the final rule published under subsection (d) a
description of how the agency considered scientific evidence, including
any study or research.''.
(b) Application.--Subsections (g), (h), and (i) of section 553 of
title 5, United States Code, as added by subsection (a), shall apply
with respect to submissions made by interested persons on and after the
date of enactment of this Act.
SEC. 303. DISCLOSURE OF INTER-GOVERNMENTAL RULE CHANGES.
(a) Definitions.--In this section--
(1) the term ``Administrator'' means the Administrator of
the Office;
(2) the terms ``agency'', ``regulatory action'', and
``significant regulatory action'' have the meanings given those
terms in section 3 of the Executive Order;
(3) the term ``Executive Order'' means Executive Order
12866 (5 U.S.C. 601 note; relating to regulatory planning and
review); and
(4) the term ``Office'' means the Office of Information and
Regulatory Affairs.
(b) Requirement.--With respect to any regulatory action that an
agency provides to the Office under section 6(a)(3) of the Executive
Order, and that the Administrator determines is a significant
regulatory action under that section, the agency shall--
(1) not later than the date on which the agency publishes
the general notice of proposed rule making required under
section 553(b) of title 5, United States Code, with respect to
the action, place in the rule making docket--
(A) the substance of any changes between the text
of the draft regulatory action that the agency provided
to the Office under section 6(a)(3)(B)(i) of the
Executive Order and the text published in that general
notice with respect to the action; and
(B) a statement regarding whether any change
described in subparagraph (A) was made at the request
of--
(i) the Office;
(ii) another agency; or
(iii) a Member of Congress; and
(2) not later than the date on which the agency publishes
the regulatory action in the Federal Register, place in the
rule making docket--
(A) the substance of any changes between the text
of the regulatory action that the agency provided to
the Office under section 6(a)(3)(B)(i) of the Executive
Order and the text of the regulatory action that the
agency published in the Federal Register; and
(B) a statement regarding whether any change
described in subparagraph (A) was made at the request
of--
(i) the Office;
(ii) another agency; or
(iii) a Member of Congress.
(c) Rule of Construction.--Nothing in this section shall be
construed--
(1) as an endorsement by Congress of--
(A) the institution of centralized regulatory
review; or
(B) the procedural steps or requirements of an
Executive order affecting administrative procedure; or
(2) as a requirement that the President--
(A) conduct centralized regulatory review; or
(B) adopt, administer, or implement an Executive
order affecting administrative procedure.
SEC. 304. JUSTIFICATION OF WITHDRAWN RULES.
(a) Definitions.--In this section--
(1) the term ``Administrator'' means the Administrator of
the Office;
(2) the terms ``agency'' and ``regulatory action'' have the
meanings given those terms in section 3 of the Executive Order;
(3) the term ``Executive Order'' means Executive Order
12866 (5 U.S.C. 601 note; relating to regulatory planning and
review); and
(4) the term ``Office'' means the Office of Information and
Regulatory Affairs.
(b) Requirement.--
(1) In general.--If an agency withdraws a regulatory action
after providing the action to the Office under section 6(a)(3)
of the Executive Order (or, if the agency does not provide the
regulatory action to the Office under that section, after
publishing the general notice of proposed rule making with
respect to the action under section 553(b) of title 5, United
States Code), 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 action.
(2) Contents.--A statement required under paragraph (1)
with respect to a decision by an agency to withdraw a
regulatory action shall include, at a minimum--
(A) a detailed explanation of the reasons why the
agency withdrew the action; and
(B) an explanation regarding whether the decision
by the agency to withdraw the action was based, in
whole or in part, on a request by, or input from--
(i) the Office;
(ii) another agency;
(iii) a Member of Congress;
(iv) a State, local, or Tribal government;
or
(v) an organization, a corporation, a
member of the public, or another interested
party.
SEC. 305. NEGOTIATED RULEMAKING.
(a) In General.--Subchapter III of chapter 5 of title 5, United
States Code, is amended--
(1) in section 561, in the first sentence, by inserting
``between agencies and Federal, State, local, or Tribal
governments. This subchapter shall apply only to information
negotiations between Federal, State, local, or Tribal
governments'' after ``informal rulemaking process'';
(2) in section 563--
(A) in subsection (a)--
(i) in paragraph (2), by inserting
``Federal, State, local, or Tribal government''
after ``identifiable''; and
(ii) in paragraph (3), by striking
``persons who'' and inserting ``representatives
of Federal, State, local, and Tribal
governments that'';
(B) in subsection (b)--
(i) in paragraph (1)--
(I) in subparagraph (A)--
(aa) by striking ``persons
who'' and inserting ``Federal,
State, local, or Tribal
governments that''; and
(bb) by striking ``,
including residents of rural
areas''; and
(II) in subparagraph (B)--
(aa) by striking ``with
such persons'' and inserting
``with representatives of those
governments''; and
(bb) by striking ``to such
persons'' and inserting ``to
those governments''; and
(ii) in paragraph (2), in the second
sentence--
(I) by striking ``persons who'' and
inserting ``representatives of Federal,
State, local, or Tribal governments
that''; and
(II) by striking ``, including
residents of rural areas'';
(3) in section 564--
(A) in the section heading, by striking ``;
applications for membership on committees'';
(B) in subsection (a)--
(i) in paragraph (4), by striking ``the
persons'' and inserting ``the representatives
of Federal, State, local, and Tribal
governments'';
(ii) in paragraph (6), by adding ``and'' at
the end;
(iii) in paragraph (7), by striking ``;
and'' and inserting a period; and
(iv) by striking paragraph (8);
(C) by striking subsection (b);
(D) by redesignating subsection (c) as subsection
(b); and
(E) in subsection (b), as so redesignated--
(i) in the subsection heading, by striking
``and Applications''; and
(ii) by striking ``and applications'';
(4) in section 565(a)--
(A) in paragraph (1), in the first sentence, by
striking ``and applications''; and
(B) in paragraph (2)--
(i) by striking ``and applications''; and
(ii) by striking ``publications,'' and all
that follows through the period at the end and
inserting ``publications.''; and
(5) in section 569(a), in the first sentence--
(A) by striking ``and encourage agency use of'';
and
(B) by inserting ``between Federal, State, local,
and Tribal governments'' after ``negotiated
rulemaking''.
(b) Technical and Conforming Amendments.--
(1) Balanced budget act of 1997.--Section 4554(b)(1) of the
Balanced Budget Act of 1997 (42 U.S.C. 1395u note) is amended
by striking ``, using a negotiated rulemaking process under
subchapter III of chapter 5 of title 5, United States Code''.
(2) Elementary and secondary education act of 1965.--The
Elementary and Secondary Education Act of 1965 (20 U.S.C. 6301
et seq.) is amended--
(A) in section 1601 (20 U.S.C. 6571)--
(i) in subsection (a), by striking
``subsections (b) through (d)'' and insert
``subsection (b)'';
(ii) by striking subsections (b) and (c);
and
(iii) by redesignating subsections (d) and
(e) as subsections (b) and (c), respectively;
(B) by repealing section 1602 (20 U.S.C. 6572); and
(C) in section 8204(c)(1) (20 U.S.C. 7824(c)(1)),
by striking ``using a negotiated rulemaking process to
develop regulations for implementation no later than
the 2017-2018 academic year, shall define'' and
inserting ``shall, for implementation no later than the
2017-2018 academic year, define''.
(3) Health insurance portability and accountability act of
1996.--Section 216(b) of the Health Insurance Portability and
Accountability Act of 1996 (42 U.S.C. 1320a-7b note) is
amended--
(A) in the subsection heading, by striking
``Negotiated'';
(B) by striking ``(1) Establishment.--'' and all
that follows through ``chapter 5 of title 5, United
States Code, standards'' and inserting the following:
``(1) In general.--The Secretary of Health and Human
Services (in this subsection referred to as the `Secretary')
shall establish standards'';
(C) by striking paragraphs (2) through (9);
(D) by redesignating subparagraph (B) of paragraph
(1) as paragraph (2) and adjusting the margins
accordingly; and
(E) in paragraph (2), as so redesignated, by
striking ``subparagraph (A)'' and inserting ``paragraph
(1)''.
(4) Higher education act of 1965.--The Higher Education Act
of 1965 (20 U.S.C. 1001 et seq.) is amended--
(A) in section 207 (20 U.S.C. 1022f)--
(i) by striking subsection (c); and
(ii) by redesignating subsection (d) as
subsection (c);
(B) in section 422(g)(1) (20 U.S.C. 1072(g)(1))--
(i) in subparagraph (B), by adding ``and''
at the end;
(ii) in subparagraph (C), by striking ``;
and'' and inserting a period; and
(iii) by striking subparagraph (D);
(C) in section 487A(b)(3)(B) (20 U.S.C.
1094a(b)(3)(B)), by striking ``in the negotiated
rulemaking process'';
(D) in section 491(l)(4)(A) (20 U.S.C.
1098(l)(4)(A)), by striking ``, not later than two
years after the completion of the negotiated rulemaking
process required under section 492 resulting from the
amendments to this Act made by the Higher Education
Opportunity Act,''; and
(E) in section 492 (20 U.S.C. 1098a)--
(i) in the section heading, by striking
``negotiated''; and
(ii) by amending subsection (b) to read as
follows:
``(b) Issuance of Regulations.--After obtaining the advice and
recommendations described in subsection (a)(1), the Secretary shall
issue final regulations within the 360-day period described in section
437(e) of the General Education Provisions Act (20 U.S.C. 1232(e)).''.
(5) Housing act of 1949.--Section 515(r)(3) of the Housing
Act of 1949 (42 U.S.C. 1485(r)(3)) is amended by striking ``in
accordance with'' and all that follows through the period at
the end and inserting ``under the rule making authority
contained in section 557 of title 5, United States Code.''.
(6) Magnuson-stevens fishery conservation and management
act.--Section 305(g) of the Magnuson-Stevens Fishery
Conservation and Management Act (16 U.S.C. 1855(g)) is
amended--
(A) by striking paragraphs (2) and (3);
(B) in paragraph (1)--
(i) by striking ``(A)''; and
(ii) by redesignating subparagraph (B) as
paragraph (2) and adjusting the margins
accordingly; and
(C) in paragraph (2), as so redesignated, by
striking the second sentence.
(7) Mandatory price reporting act of 2010.--Section 2(b) of
the Mandatory Price Reporting Act of 2010 (Public Law 111-239;
124 Stat. 2501) is amended--
(A) by striking ``Wholesale Pork Cuts'' and all
that follows through ``Chapter 3'' and inserting
``Wholesale Pork Cuts.--Chapter 3''; and
(B) by striking paragraphs (2), (3), and (4) (7
U.S.C. 1635k note).
(8) Patient protection and affordable care act.--Section
5602 of the Patient Protection and Affordable Care Act (42
U.S.C. 254b note) is amended--
(A) in the section heading, by striking
``negotiated'';
(B) by striking subsections (b) through (h);
(C) in subsection (a)--
(i) by redesignating paragraph (2) as
subsection (b) and adjusting the margins
accordingly;
(ii) by striking ``Establishment'' and all
that follows through ``The Secretary of Health
and Human Services (in this section referred to
as the `Secretary') shall establish, through a
negotiated rulemaking process under subchapter
3 of chapter 5 of title 5, United States
Code,'' and inserting ``Establishment.--The
Secretary of Health and Human Services (in this
section referred to as the `Secretary') shall
establish'';
(iii) by redesignating subparagraphs (A)
and (B) as paragraphs (1) and (2),
respectively, and adjusting the margins
accordingly; and
(iv) in paragraph (1), as so redesignated,
by adding ``and'' at the end; and
(D) in subsection (b), as so redesignated, by
striking ``paragraph (1)'' and inserting ``subsection
(a)''.
(9) Price-anderson amendments act of 1988.--Section 19 of
the Price-Anderson Amendments Act of 1988 (42 U.S.C. 2210 note)
is amended--
(A) by striking subsection (b); and
(B) in subsection (a)--
(i) by striking ``Rulemaking'' and all that
follows through ``The Nuclear'' and inserting
``Rulemaking Proceeding.--The Nuclear''; and
(ii) by redesignating paragraph (2) as
subsection (b) and adjusting the margins
accordingly.
(10) Social security act.--Title XVIII of the Social
Security Act (42 U.S.C. 1395 et seq.) is amended--
(A) in section 1834(l)(1) (42 U.S.C. 1395m(l)(1)),
by striking ``through a negotiated rulemaking process
described in title 5, United States Code, and''; and
(B) in section 1856(a) (42 U.S.C. 1395w-26(a))--
(i) by striking paragraphs (2) through (9);
(ii) in paragraph (1)--
(I) by striking ``Establishment''
and all that follows through ``The
Secretary'' and inserting
``Establishment.--The Secretary'';
(II) by striking ``and using a
negotiated rulemaking process under
subchapter III of chapter 5 of title 5,
United States Code''; and
(III) by redesignating
subparagraphs (B) and (C) as paragraphs
(2) and (3), respectively, and
adjusting the margins accordingly; and
(iii) in paragraph (2), as so
redesignated--
(I) by striking ``subparagraph
(A)'' and inserting ``paragraph (1)'';
and
(II) by redesignating clauses (i),
(ii), and (iii) as subparagraphs (A),
(B), and (C), respectively, and
adjusting the margins accordingly.
(11) Title 5.--The table of sections for subchapter III of
chapter 5 of title 5, United States Code, is amended by
striking the item relating to section 564 and inserting the
following:
``564. Publication of notice.''.
(12) Title 49.--Section 31136(g)(1) of title 49, United
States Code, is amended--
(A) by striking ``shall--'' and all that follows
through ``issue'' and inserting ``shall issue'';
(B) by striking ``; or'' and inserting a period;
and
(C) by striking subparagraph (B).
(13) Toxic substances control act.--Section 8(a) of the
Toxic Substances Control Act (15 U.S.C. 2607(a)) is amended--
(A) by striking paragraph (6); and
(B) by redesignating paragraph (7) as paragraph
(6).
(14) United states housing act of 1937.--Section 9 of the
United States Housing Act of 1937 (42 U.S.C. 1437g) is amended
by repealing subsection (f).
SEC. 306. STREAMLINING OIRA REVIEW.
(a) Definitions.--In this section--
(1) the term ``Administrator'' means the Administrator of
the Office;
(2) the terms ``agency'', ``regulatory action'', and
``significant regulatory action'' have the meanings given those
terms in section 3 of the Executive Order;
(3) the term ``Executive Order'' means Executive Order
12866 (5 U.S.C. 601 note; relating to regulatory planning and
review); and
(4) the term ``Office'' means the Office of Information and
Regulatory Affairs.
(b) Prohibitions.--
(1) Non-executive branch officials.--With respect to a
regulatory action of an agency, 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 6(b) of the Executive Order.
(2) Informal review.--With respect to a regulatory action
of an agency that may be subject to review by the Office under
section 6(b) of the Executive Order, 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 6(a)(3) of the Executive Order.
(c) Time Period for OIRA Review.--
(1) In general.--Except as provided in paragraph (2), the
Office shall complete a review of a significant regulatory
action under section 6(b) of the Executive Order not less than
45 days after the date on which the Office receives the
significant regulatory action under section 6(a)(3) of the
Executive Order.
(2) Extension.--The Office may extend the 45-day period
described in paragraph (1) by a single 30-day period if the
Office provides the agency with, and makes publicly available,
a written justification for the extension.
(3) Publication of regulatory action.--If the Office waives
review of a significant regulatory action of an agency under
section 6(b)(2) 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 6(b) of the
Executive Order within the time frame described in paragraph
(1) or (2), the agency may publish the significant regulatory
action in the Federal Register.
(d) Rule of Construction.--Nothing in this section shall be
construed--
(1) as an endorsement by Congress of--
(A) the institution of centralized regulatory
review; or
(B) the procedural steps or requirements of an
Executive order affecting administrative procedure; or
(2) as a requirement that the President--
(A) conduct centralized regulatory review; or
(B) adopt, administer, or implement an Executive
order affecting administrative procedure.
SEC. 307. LIMITING TEMPORARY COURT INJUNCTIONS AND POSTPONING OF FINAL
RULES PENDING JUDICIAL REVIEW.
Section 705 of title 5, United States Code, is amended--
(1) by striking the first sentence; and
(2) by adding at the end the following: ``Notwithstanding
the preceding sentence, with respect to agency action relating
to notice and comment rule making under section 553 of this
title, on such conditions as may be required and to the extent
necessary to prevent irreparable injury, 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
proceedings.''.
SEC. 308. PENALIZING INDIVIDUALS THAT SUBMIT FALSE INFORMATION TO
AGENCIES.
Section 553 of title 5, United States Code, as amended by section
302 of this Act, is amended by adding at the end the following:
``(j)(1) In this subsection, the term `covered person' means--
``(A) any person who is or is required to be registered as
a corporate lobbyist, as defined in section 3 of the Lobbying
Disclosure Act of 1995 (2 U.S.C. 1602);
``(B) any for-profit corporation;
``(C) any entity described in section 501(c)(6) of the
Internal Revenue Code of 1986 of which 1 or more members are
for-profit corporations; and
``(D) any person working on behalf of a for-profit
corporation, including any person compensated by or otherwise
financially supported by a corporation, for the purpose of
submitting a statement or entry with respect to a rule making
under this section.
``(2) Any covered person that uses any false writing or document
knowing the same to contain any materially false, fictitious, or
fraudulent statement or entry with respect to a rule making under this
section shall be fined not more than $250,000, imprisoned not more than
5 years, or both.''.
SEC. 309. ESTABLISHMENT OF THE OFFICE OF THE PUBLIC ADVOCATE.
Section 401 of the Ethics in Government Act of 1978 (5 U.S.C. App.)
is amended by adding at the end the following:
``(d)(1)(A) There is established in the Office of Public Integrity
an office to be known as the `Office of the Public Advocate'.
``(B) The Office of the Public Advocate shall be under the
supervision of an official to be known as the `National Public
Advocate', who shall--
``(i) be appointed by the President, by and with the advice
and consent of the Senate;
``(ii) report to the Director of the Office of Public
Integrity;
``(iii) not be an employee of the Federal Government;
``(iv) be entitled to compensation at the same rate as the
highest rate of basic pay established for the Senior Executive
Service under section 5382 of title 5, United States Code;
``(v) have a background in customer service, consumer
protection, and administrative law;
``(vi) have experience representing the public in cases
involving rules (as defined in section 551 of title 5, United
States Code);
``(vii) not have worked as an officer or employee in any
Federal agency during the 2-year period preceding appointment
under this subparagraph; and
``(viii) agree not to accept an offer of employment with a
Federal agency for not less than 5 years after ceasing to serve
as the National Public Advocate.
``(2) The duties of the Office of the Public Advocate shall
include--
``(A) assisting individuals in resolving conflicts with
agencies;
``(B) assisting agencies in soliciting public participation
in the rule making process;
``(C) assisting individuals in participating in the rule
making process; and
``(D) identifying areas in which the public has problems in
dealing with agencies and proposing changes to mitigate those
problems.
``(3) Not later than 180 days after the date on which the National
Public Advocate is appointed under this subsection or 180 days after
the date of enactment of this subsection, whichever is later, the
National Public Advocate shall propose regulations to carry out this
subsection.''.
SEC. 310. ACTIONS BY PRIVATE PERSONS.
(a) Definitions.--In this section, the terms ``agency'' and
``rule'' have the meanings given those terms in section 551 of title 5,
United States Code.
(b) Actions.--
(1) In general.--A person may bring a civil action for the
person and for the United States Government, in the name of the
Government, against any person, 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 States, for--
(A) a violation of a final rule issued by an
agency; or
(B) the failure of the head of an agency to comply
with any requirement under this Act.
(2) 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 4(d)(4) of the Federal Rules of Civil Procedure. The
Government may elect to intervene and proceed with the action
within 60 days after it receives both the complaint and the
material evidence and information.
(3) Party conducting the action.--Before the expiration of
the 60-day period under paragraph (2), the Government shall--
(A) proceed with the action, in which case the
action shall be conducted by the Government; or
(B) notify the court that it declines to proceed
with the action, in which case the person bringing the
action shall have the right to conduct the action.
(4) Award to plaintiff.--
(A) Government proceeds with action.--If the
Government proceeds with an action brought by a person
under this subsection, the person shall receive at
least 15 percent but not more than 25 percent of the
proceeds of the action or settlement of the claim,
depending upon the extent to which the person
substantially contributed to the prosecution of the
action. Any payment to a person under this subparagraph
shall be made from the proceeds. The person shall also
receive an amount for reasonable expenses that the
court finds to have been necessarily incurred, plus
reasonable attorney's fees and costs. The expenses,
fees, and costs shall be awarded against the defendant.
(B) Government does not proceed with action.--If
the Government does not proceed with an action under
this subsection, 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 damages. The amount shall be not less than
25 percent and not more than 30 percent of the proceeds
of the action or settlement and shall be paid out of
the proceeds. The person shall also receive an amount
for reasonable expenses that the court finds to have
been necessarily incurred, plus reasonable attorney's
fees and costs. The expenses, fees, and costs shall be
awarded against the defendant.
SEC. 311. SCOPE OF REVIEW.
Section 706 of title 5, United States Code, is amended--
(1) in the first sentence of the matter preceding paragraph
(1), by striking ``To the extent necessary'' and inserting
``(a) In General.--To the extent necessary'';
(2) in subsection (a), as so designated, by inserting after
the first sentence the following: ``If a statute that an agency
administers is silent or ambiguous, and an agency has followed
the procedures in section 553 or 554 of this title, as
applicable, a reviewing court shall defer to the agency's
reasonable or permissible interpretation of that statute.'';
(3) by striking ``In making the foregoing determinations''
and inserting the following:
``(b) Review of Record.--In making the determinations under
subsection (a)'';
(4) in subsection (b), as so designated, by inserting
``except any part of the record that the agency excluded from
consideration pursuant to section 553(h)(1) of this title,''
after ``party,''; and
(5) by adding at the end the following:
``(c) Unreasonable Delay.--For purposes of subsection (a)(1),
unreasonable delay shall include--
``(1) when an agency has not issued a notice of proposed
rule making within 1 year of the date of enactment of the
legislation mandating the rule making, where no deadline for
the rule making was specified in the enacted law;
``(2) when an agency has not issued a final version of a
proposed rule within 1 year of date on which the proposed rule
was published in the Federal Register; and
``(3) when an agency has not implemented a final rule
within 1 year of the implementation date published in the
Federal Register or, if no implementation date was provided,
within 1 year of the date on which the final rule was published
in the Federal Register.''.
SEC. 312. EXPANDING RULE MAKING NOTIFICATIONS.
Section 553 of title 5, United States Code, as amended by section
308 of this Act, is amended by adding at the end the following:
``(k)(1) Not later than 2 business days after the date on which an
agency publishes a notice of proposed rule making or a final rule under
this section, the agency shall notify interested parties of the
publication.
``(2) The Director of the Government Publishing Office shall
establish a process under which an agency shall notify interested
parties under paragraph (1) through email or postal mail.''.
SEC. 313. PUBLIC PETITIONS.
Section 553(e) of title 5, United States Code, is amended--
(1) by inserting ``(1)'' before ``Each agency''; and
(2) by adding at the end the following:
``(2) If, during a 60-day period, an agency receives more than
100,000 signatures on a single petition under paragraph (1), the agency
shall, not later than 30 days after the date on which the agency
receives the petition, provide a written response that includes--
``(A) an explanation of whether the agency has engaged or
is engaging in the requested issuance, amendment, or repeal of
a rule; and
``(B) if the agency has not engaged in the requested
issuance, amendment, or repeal of a rule, a written explanation
for not engaging in the requested issuance, amendment, or
repeal.''.
SEC. 314. AMENDMENT TO CONGRESSIONAL REVIEW ACT.
Section 801(b) of title 5, United States Code, is amended--
(1) in paragraph (1), by striking ``(1)''; and
(2) by striking paragraph (2).
SEC. 315. COST-BENEFIT ANALYSIS.
(a) Definitions.--In this section, the terms ``agency'' and
``regulation'' have the meanings given those terms in section 3 of
Executive Order 12866 (5 U.S.C. 601 note; relating to regulatory
planning and review).
(b) Requirement.--If an agency is performing a cost-benefit
analysis in the course of issuing a regulation, the agency shall--
(1) take into account the benefits of the regulation to the
public, including the nonquantifiable benefits of the
regulation; and
(2) adopt a regulation that prioritizes benefits to the
public, including nonquantifiable benefits.
SEC. 316. SENSE OF CONGRESS.
It is the sense of Congress that--
(1) the Federal Employees Pay Comparability Act of 1990 (as
enacted by section 529 of Public Law 101-509), 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 5 percent, has not been implemented as
envisioned, resulting in significant pay disparities between
Federal Government and non-Federal employees, including
private-sector employees;
(2) Federal employees have experienced pay challenges in
recent years owing to pay freezes, reduced pay increases, and
unpaid furlough days, which have adversely impacted the ability
of the Federal Government to recruit and retain skilled
employees; and
(3) the President and Congress should allow the statutory
pay laws to be implemented as intended, providing an annual
across-the-board pay adjustment and a locality pay adjustment
that varies by specific pay locality area.
TITLE IV--JUDICIAL ETHICS
SEC. 401. CLARIFICATION OF GIFT BAN.
(a) In General.--Section 7353 of title 5, United States Code, is
amended--
(1) in subsection (a), in the matter preceding paragraph
(1), by striking ``anything of value'' and inserting ``a
gift''; and
(2) in subsection (d)--
(A) in paragraph (1), by striking ``and'' at the
end;
(B) in paragraph (2), by striking the period at the
end and inserting ``; and''; and
(C) by adding at the end the following:
``(3) the term `gift' means anything of value, including
transportation, travel, lodgings and meals, whether provided
in-kind, by purchase of a ticket, payment in advance, or
reimbursement after the expense has been incurred.''.
(b) Regulations.--The Judicial Conference of the United States
shall promulgate regulations to carry out the amendment made by
subsection (a) with respect to the judicial branch.
SEC. 402. RESTRICT PRIVATELY FUNDED EDUCATIONAL EVENTS AND SPEECHES.
(a) Judicial Education Fund.--
(1) Establishment.--Chapter 42 of title 28, United States
Code, is amended by adding at the end the following:
``Sec. 630. Judicial Education Fund
``(a) Definitions.--In this section--
``(1) the term `Board' means the Board of the Federal
Judicial Center established in section 621;
``(2) the term `Fund' means the Judicial Education Fund
established under subsection (b);
``(3) the term `institution of higher education' has the
meaning given that term under section 101(a) of the Higher
Education Act of 1965 (20 U.S.C. 1001(a));
``(4) the term `national bar association' means a national
organization that is open to general membership to all members
of the bar;
``(5) the term `private judicial seminar'--
``(A) means a seminar, symposia, panel discussion,
course, or a similar event that provides continuing
legal education to judges; and
``(B) does not include--
``(i) seminars that last 1 day or less and
are conducted by, and on the campus of, an
institute of higher education;
``(ii) seminars that last 1 day or less and
are conducted by a national bar association or
State or local bar association for the benefit
of the bar association membership; or
``(iii) seminars of any length conducted
by, and on the campus of an institute of higher
education or by a national bar association or
State or local bar association, where a judge
is a presenter and at which judges constitute
less than 25 percent of the participants; and
``(6) 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 region.
``(b) Fund.--There is established within the United States Treasury
a fund to be known as the `Judicial Education Fund'.
``(c) Use of Amounts.--Amounts in the Fund may be made available
for the payment of necessary expenses, including reasonable
expenditures for transportation, food, lodging, private judicial
seminar fees and materials, incurred by a judge or justice in attending
a private judicial seminar approved by the Board. 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 seminar. Any payment from the Fund shall
be approved by the Board.
``(d) Required Information.--The Board may approve a private
judicial seminar after submission of information by the sponsor of that
private judicial seminar that includes--
``(1) the content of the private judicial seminar
(including a list of presenters, topics, and course materials);
and
``(2) the litigation activities of the sponsor (including
any amicus briefs submitted by the sponsor) and the presenters
at the private judicial seminar (including the litigation
activities of the employer of each presenter) on the topic
related to those addressed at the private judicial seminar.
``(e) Public Availability.--If the Board approves a private
judicial seminar, the Board shall make the information submitted under
subsection (d) relating to the private judicial seminar available to
judges and the public by posting the information online.
``(f) 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 judiciary.
``(g) Authorization of Appropriations.--There are authorized to be
appropriated for deposit in the Fund $3,000,000 for each of fiscal
years 2023, 2024, and 2025, to remain available until expended.''.
(2) Technical and conforming amendment.--The table of
sections for chapter 42 of title 28, United States Code, is
amended by adding at the end the following:
``630. Judicial Education Fund.''.
(b) Private Judicial Seminar Gifts Prohibited.--
(1) Definitions.--In this subsection--
(A) the term ``gift'' has the meaning given that
term under section 7353 of title 5, United States Code,
as amended by section 401;
(B) the term ``institution of higher education''
has the meaning given that term under section 101(a) of
the Higher Education Act of 1965 (20 U.S.C. 1001(a));
and
(C) the terms ``national bar association'',
``private judicial seminar'', and ``State or local bar
association'' have the meanings given those terms under
section 630 of title 28, United States Code, as added
by subsection (a).
(2) Regulations.--Not later than 180 days after the date of
enactment of this Act, the Judicial Conference of the United
States shall promulgate regulations to apply section 7353(a) of
title 5, United States Code, to prohibit the solicitation or
acceptance of a gift in connection with a private judicial
seminar.
(3) Exception.--The prohibition under the regulations
promulgated under paragraph (2) shall not apply if--
(A) the judge participates in a private judicial
seminar as a speaker, panel participant, or otherwise
presents information;
(B) Federal judges are not the primary audience at
the private judicial seminar; and
(C) the gift accepted is--
(i) reimbursement from the private judicial
seminar sponsor of reasonable transportation,
food, or lodging expenses on any day on which
the judge speaks, participates, or presents
information, as applicable;
(ii) attendance at the private judicial
seminar on any day on which the judge speaks,
participates, or presents information, as
applicable; or
(iii) anything excluded from the definition
of a gift under regulations of the Judicial
Conference of the United States under sections
7351 and 7353 of title 5, United States Code,
as in effect on the date of enactment of this
Act.
SEC. 403. CODE OF CONDUCT.
(a) Sense of Congress.--It is the sense of Congress that in order
for justices and judges, both of the supreme and inferior courts, to
hold their offices during ``good behaviour'' under section 1 of article
III of the Constitution of the United States, the judges and justices
shall, among other requirements, adhere to the Code of Conduct for
United States Judges adopted by the Judicial Conference of the United
States described in this section.
(b) 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 judges.
(c) Enforcement.--The Judicial Conference shall establish
procedures, modeled after the procedures set forth in chapter 16 of
title 28, United States Code, under which--
(1) complaints alleging that a justice of the Supreme Court
of the United States has violated the Code of Conduct referred
to in subsection (a) may be filed with or identified by the
Conference;
(2) such material, nonfrivolous complaints and any
accompanying material are immediately referred to the Supreme
Court Review Committee established in section 415; and
(3) further action, where appropriate, is taken by the
Conference, with respect to such complaints.
(d) Submission to Congress; Effective Date.--
(1) Submission to congress.--Not later than 180 days after
the date of enactment of this Act, the Judicial Conference
shall submit to Congress the procedures established under
subsection (b).
(2) Effective date.--The procedures established under
subsection (b) shall take effect 1 year after the date of
enactment of this Act.
SEC. 404. IMPROVING DISCLOSURE.
(a) Recusal Decisions.--Section 455 of title 28, United States
Code, is amended by adding at the end the following:
``(g) Recusal Lists.--
``(1) Each justice, judge, 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 justice, judge, or magistrate to be recused under
subsection (b)(4).
``(2) The Judicial Conference shall maintain and make
publicly available online, at no cost, each list required under
this subsection that is filed with the Judicial Conference in a
format that is searchable, sortable, machine readable,
downloadable, and accessible in multiple languages and to
individuals with disabilities.
``(3) The Judicial Conference may issue public or private
guidance to justices, judges, 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 (b)(4).''.
(b) Speeches.--
(1) In general.--Each justice, judge, 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 justice, judge or
magistrate.
(2) Availability.--The Judicial Conference of the United
States shall maintain and make each speech or other significant
oral communication submitted under paragraph (1) available to
the public in printed form, upon request, and online, at no
cost, in a format that is searchable, sortable, machine
readable, downloadable, and accessible in multiple languages
and to individuals with disabilities.
(3) Regulations.--Not later than 180 days after the date of
enactment of this Act, the Judicial Conference of the United
States shall promulgate regulations regarding the types of oral
communications that are required to be maintained, submitted,
and made publicly available under this subsection.
(c) Livestreaming Judicial Proceedings.--
(1) Definition.--In this section, the term ``appellate
court of the United States'' means any United States circuit
court of appeals and the Supreme Court of the United States.
(2) Streaming of court proceedings.--In accordance with
procedures established by the Judicial Conference of the United
States, the audio of each open session conducted by an
appellate court of the United States shall be made available
online contemporaneously with the session, unless the appellate
court of the United States, by a majority vote, determines that
making audio of the session available online would violate the
constitutional rights or threaten the safety of any party to
the proceeding.
(d) Publicizing Case Assignment Information.--
(1) In general.--Not later than 180 days after the date of
enactment of this Act, 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 online, at no cost, in a format that is searchable,
sortable, machine readable, downloadable, and accessible in
multiple languages and to individuals with disabilities.
(2) Contents.--The case assignment data made available
under paragraph (1) shall include, at a minimum, and to the
extent available, the case title, docket number, case origin,
filing date, and name of each authoring judge, concurring
judge, and dissenting judge for each opinion issued in the
case.
(e) Making Websites User-Friendly.--Not later than 180 days after
the date of enactment of this Act, the Judicial Conference of the
United States shall promulgate regulations requiring an evaluation of,
and improvements to, the website of each district court of the United
States to ensure the website is easy to understand, including that it
is clear how to file a complaint relating to a judge or an employee of
the district court.
(f) Accessibility.--The Judicial Conference shall make efforts to
ensure that any disclosures required under this section are made
available to the public in plain language, in a variety of languages,
and accessible to individuals with disabilities.
SEC. 405. APPOINTMENT OF ADMINISTRATIVE LAW JUDGES.
(a) In General.--Section 3105 of title 5, United States Code, is
amended by inserting after the first sentence the following:
``Administrative law judge positions shall be positions in the
competitive service.''.
(b) 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 3105 of
title 5, United States Code, as in effect on the day before the date of
enactment of this Act, the head of the agency employing the
administrative law judge shall convert the appointment to a permanent
appointment in the competitive service in the agency.
(c) Applicability.--This section and the amendments made by this
section shall apply on and after the date of enactment of this Act.
SEC. 406. IMPROVE REPORTING ON JUDICIAL DIVERSITY.
Section 331 of title 28, United States Code, is amended in the
eighth undesignated paragraph by adding at the end the following: ``The
report submitted by the Chief Justice under this paragraph shall
include a report on the diversity of the Federal judiciary, including
diversity of justices and judges of the United States based on gender,
race, ethnicity, religion, disability status, sexual orientation,
gender identity, national origin, and professional experience
(including any law firms where the judges previously practiced law)
before being appointed a justice or judge of the United States.''.
SEC. 407. PLEADING STANDARDS.
(a) In General.--Rule 12 of the Federal Rules of Civil Procedure is
amended by adding at the end the following:
``(j) Pleading Standards. A court shall not dismiss a complaint
under Rule 12(b)(6), (c) or (e)--
``(1) 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 relief; or
``(2) 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 alleged.''.
(b) Applicability.--Rule 12(j) of the Federal Rules of Civil
Procedure, as added by subsection (a) 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 131 of title 28, United
States Code.
SEC. 408. ELECTRONIC COURT RECORDS REFORM.
(a) Definitions.--In this section:
(1) Administrator.--The term ``Administrator'' means the
Administrator of General Services.
(2) Director.--The term ``Director'' means the Director of
the Administrative Office of the United States Courts.
(3) 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 lost.
(b) Consolidation of the Case Management/Electronic Case Files
System.--
(1) In general.--Not later than 2 years after the date of
the enactment of this Act, the Director, in coordination with
the Administrator, shall--
(A) consolidate the Case Management/Electronic Case
Files system; and
(B) develop 1 system for all filings with courts of
the United States, which shall be administered by the
Administrative Office of the United States Courts.
(2) Use of technology.--In developing the system under
paragraph (1), the Director shall use modern technology--
(A) to improve security, data accessibility,
affordability, and performance; and
(B) to minimize the burden on pro se litigants.
(3) Availability to states.--
(A) In general.--A State may choose to participate
in the system developed under this subsection.
(B) 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 State.
(c) Public Access to Court Electronic Records System
Requirements.--
(1) In general.--Not later than 2 years after the date of
the enactment of this Act, the Director, in coordination with
the Administrator, shall update the Public Access to Court
Electronic Records system, which shall be subject to the
following requirements:
(A) A document filed with a court shall be made
publicly accessible upon filing, except as ordered by a
court or by rule of the Judicial Conference of the
United States.
(B) All documents on the system shall be available
to the public and to parties before the court free of
charge.
(C) Any information that is prohibited from public
disclosure by law or court order shall be redacted.
(D) All documents shall be text searchable and
machine readable.
(E) To the extent practicable, external websites
shall be able to link to documents on the system.
(F) The system shall include any available digital
audio and visual files of court recordings.
(G) The system shall provide search functions for
public use.
(2) Minimizing the burden on pro se litigants.--In
developing the system to comply with the requirements under
paragraph (1), the Director shall, to the extent practicable,
not impose a disproportionate impact on pro se litigants.
(3) Use of technology.--In developing the system under
paragraph (1), the Director shall use modern technology--
(A) to improve security, data accessibility
(including accessibility to individuals with
disabilities), affordability, and performance; and
(B) to minimize the burden on pro se litigants.
(4) Authority to exempt certain documents.--The Director
may identify categories of--
(A) documents that are not made publicly accessible
under paragraph (1)(A); and
(B) court proceedings, the recordings of which are
not made available under paragraph (1)(F).
(5) Filing fees.--The Judiciary Appropriations Act, 1992
(title III of Public Law 102-140; 105 Stat. 807) is amended by
striking section 303 (28 U.S.C. 1913 note) and inserting the
following:
``Sec. 303. (a)(1) To cover the costs of maintaining the Public
Access to Court Electronic Records system in accordance with section
408(c) of the Anti-Corruption and Public Integrity Act, the Judicial
Conference--
``(A) 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 2018, as
adjusted for inflation; and
``(B) may, only to the extent necessary, prescribe
reasonable filing fees, pursuant to sections 1913, 1914, 1926,
1930, and 1932 of title 28, United States Code, for collection
by the courts under those sections.
``(2) The filing fees shall be commensurate with the burden imposed
on the court by the party. The filing fees shall impose a lesser fee on
filers who are filing on behalf of individuals. Pro se litigants and
litigants who certify their financial hardship shall not be subject to
the filing fees. The Director of the Administrative Office of the
United States Courts, under the direction of the Judicial Conference of
the United States, 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 public.
``(b) The Judicial Conference and the Director shall transmit each
schedule of fees prescribed under subsection (a) to Congress at least
30 days before the schedule becomes effective. All fees collected under
subsection (a) shall be deposited as offsetting collections to the
Judiciary Information Technology Fund pursuant to section 612(c)(1)(A)
of title 28, United States Code, to reimburse expenses incurred in
providing services in accordance with section 408(c) of the Anti-
Corruption and Public Integrity Act.''.
(6) Rule of construction.--Nothing in this section, or the
amendments made by this section, shall be construed to--
(A) affect the filing fees or other filing
procedures for prisoners; or
(B) abrogate, limit, or modify the requirements
described in section 1915 of title 28, United States
Code.
SEC. 409. FORCED ARBITRATION INJUSTICE REPEAL.
(a) Purposes.--The purposes of this section are to--
(1) prohibit predispute arbitration agreements that force
arbitration of future employment, consumer, antitrust, or civil
rights disputes; and
(2) prohibit agreements and practices that interfere with
the right of individuals, workers, and small businesses to
participate in a joint, class, or collective action related to
an employment, consumer, antitrust, or civil rights dispute.
(b) Arbitration of Employment, Consumer, Antitrust, and Civil
Rights Disputes.--
(1) In general.--Title 9 of the United States Code is
amended by adding at the end the following:
``CHAPTER 4--ARBITRATION OF EMPLOYMENT, CONSUMER, ANTITRUST, AND CIVIL
RIGHTS DISPUTES
``Sec.
``401. Definitions.
``402. No validity or enforceability.
``Sec. 401. Definitions
``In this chapter--
``(1) the term `antitrust dispute' means a dispute--
``(A) arising from an alleged violation of the
antitrust laws (as defined in subsection (a) of the
first section of the Clayton Act) or State antitrust
laws; and
``(B) in which the plaintiffs seek certification as
a class under rule 23 of the Federal Rules of Civil
Procedure or a comparable rule or provision of State
law;
``(2) the term `civil rights dispute' means a dispute--
``(A) arising from an alleged violation of--
``(i) the Constitution of the United States
or the constitution of a State;
``(ii) any Federal, State, or local law
that prohibits discrimination on the basis of
race, sex, age, gender identity, sexual
orientation, disability, religion, national
origin, or any legally protected status in
education, employment, credit, housing, public
accommodations and facilities, voting, veterans
or servicemembers, health care, or a program
funded or conducted by the Federal Government
or State government, including any law referred
to or described in section 62(e) of the
Internal Revenue Code of 1986, including parts
of such law not explicitly referenced in such
section but that relate to protecting
individuals on any such basis; and
``(B) in which at least one party alleging a
violation described in subparagraph (A) is one or more
individuals (or their authorized representative),
including one or more individuals seeking certification
as a class under rule 23 of the Federal Rules of Civil
Procedure or a comparable rule or provision of State
law;
``(3) the term `consumer dispute' means a dispute between--
``(A) one or more individuals who seek or acquire
real or personal property, services (including services
related to digital technology), securities or other
investments, money, or credit for personal, family, or
household purposes including an individual or
individuals who seek certification as a class under
rule 23 of the Federal Rules of Civil Procedure or a
comparable rule or provision of State law; and
``(B)(i) the seller or provider of such property,
services, securities or other investments, money, or
credit; or
``(ii) a third party involved in the selling,
providing of, payment for, receipt or use of
information about, or other relationship to any such
property, services, securities or other investments,
money, or credit;
``(4) the term `employment dispute' means a dispute between
one or more individuals (or their authorized representative)
and a person arising out of or related to the work relationship
or prospective work relationship between them, including a
dispute regarding the terms of or payment for, advertising of,
recruiting for, referring of, arranging for, or discipline or
discharge in connection with, such work, regardless of whether
the individual is or would be classified as an employee or an
independent contractor with respect to such work, and including
a dispute arising under any law referred to or described in
section 62(e) of the Internal Revenue Code of 1986, including
parts of such law not explicitly referenced in such section but
that relate to protecting individuals on any such basis, and
including a dispute in which an individual or individuals seek
certification as a class under rule 23 of the Federal Rules of
Civil Procedure or as a collective action under section 16(b)
of the Fair Labor Standards Act, or a comparable rule or
provision of State law;
``(5) 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 agreement; and
``(6) the term `predispute joint-action waiver' means an
agreement, whether or not part of a predispute arbitration
agreement, that would prohibit, or waive the right of, one of
the parties to the agreement to participate in a joint, class,
or collective action in a judicial, arbitral, administrative,
or other forum, concerning a dispute that has not yet arisen at
the time of the making of the agreement.
``Sec. 402. No validity or enforceability
``(a) In General.--Notwithstanding any other provision of this
title, no predispute arbitration agreement or predispute joint-action
waiver shall be valid or enforceable with respect to an employment
dispute, consumer dispute, antitrust dispute, or civil rights dispute.
``(b) Applicability.--
``(1) In general.--An issue as to whether this chapter
applies with respect to a dispute shall be determined under
Federal law. 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 court, rather than an arbitrator, irrespective of whether the
party resisting arbitration challenges the arbitration
agreement specifically or in conjunction with other terms of
the contract containing such agreement, and irrespective of
whether the agreement purports to delegate such determinations
to an arbitrator.
``(2) 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
organizations, 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 States, a State constitution, or
a Federal or State statute, or public policy arising
therefrom.''.
(c) Technical and Conforming Amendments.--
(1) In general.--Title 9 of the United States Code is
amended--
(A) in section 1 by striking ``of seamen,'' and all
that follows through ``interstate commerce'' and
inserting in its place ``of individuals, regardless of
whether such individuals are designated as employees or
independent contractors for other purposes'';
(B) in section 2 by inserting ``or as otherwise
provided in chapter 4'' before the period at the end;
(C) in section 208--
(i) in the section heading by striking
``chapter 1; residual application'' and
inserting ``application''; and
(ii) by adding at the end the following:
``This chapter applies to the extent that this
chapter is not in conflict with chapter 4.'';
and
(D) in section 307--
(i) in the section heading by striking
``chapter 1; residual application'' and
inserting ``application''; and
(ii) by adding at the end the following:
``This chapter applies to the extent that this
chapter is not in conflict with chapter 4.''.
(2) Table of sections.--
(A) Chapter 2.--The table of sections of chapter 2
of title 9, United States Code, is amended by striking
the item relating to section 208 and inserting the
following:
``208. Application.''.
(B) Chapter 3.--The table of sections of chapter 3
of title 9, United States Code, is amended by striking
the item relating to section 307 and inserting the
following:
``307. Application.''.
(3) Table of chapters.--The table of chapters of title 9,
United States Code, is amended by adding at the end the
following:
``4. Arbitration of Employment, Consumer, Antitrust, and 401''.
Civil Rights Disputes.
(d) Effective Date.--This Act, and the amendments made by this Act,
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 date.
(e) Rule of Construction.--Nothing in this Act, or the amendments
made by this Act, shall be construed to prohibit the use of arbitration
on a voluntary basis after the dispute arises.
SEC. 410. RESTRICTIONS ON PROTECTIVE ORDERS AND SEALING OF CASES AND
SETTLEMENTS.
(a) In General.--Chapter 111 of title 28, United States Code, is
amended by adding at the end the following:
``Sec. 1660. Restrictions on protective orders and sealing of cases and
settlements
``(a) Restrictions on Orders Relating to the Disclosure of
Information.--
``(1) In general.--In any civil action in which the
pleadings state facts that are relevant to the protection of
public health or safety, a court shall not enter, by
stipulation or otherwise, an order otherwise authorized under
rule 26(c) of the Federal Rules of Civil Procedure restricting
the disclosure of information obtained through discovery, an
order otherwise authorized approving a settlement agreement
that would restrict the disclosure of information obtained
through discovery, or an order otherwise authorized restricting
access to court records unless in connection with the order the
court finds--
``(A) that the order would not restrict the
disclosure of information which is relevant to the
protection of public health or safety; or
``(B) that--
``(i) the public interest in the disclosure
of past, present, 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 question; and
``(ii) the requested order is no broader
than necessary to protect the confidentiality
interest asserted.
``(2) Limit on effect.--No order entered in accordance with
paragraph (1), other than an order approving a settlement
agreement, may continue in effect after the entry of final
judgment unless at the time of, or after, the entry of the
order the court makes a separate finding of fact that the
requirements of paragraph (1) continue to be met.
``(3) Rule of construction.--Nothing in paragraph (1) shall
be construed to require the disclosure of the identity of
individuals who disclose evidence of a violation of any law,
rule, or regulation or other fraud, waste, abuse, or misconduct
or other persons protected from disclosure under Federal law.
``(b) 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 safety, a court
shall not enforce any provision of an agreement between or among
parties to the civil action, or enforce an order entered in accordance
with subsection (a)(1), 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
information.
``(c) Limits on Scope.--
``(1) In general.--Subject to paragraph (2), 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--
``(A) disclosing the fact that the settlement was
reached or the terms of the settlement (excluding any
money paid) that involve matters relevant to the
protection of public health or safety; or
``(B) discussing matters relevant to the protection
of public health or safety involved in the civil
action.
``(2) Exception.--Paragraph (1) applies unless the court
finds that--
``(A) the public interest in the disclosure of
past, present, or potential public health or safety
hazards is outweighed by a specific and substantial
interest in maintaining the confidentiality of the
information in question; and
``(B) the requested order is no broader than
necessary to protect the confidentiality interest
asserted.
``(d) Rebuttable Presumption Relating to Personally Identifiable
Information.--For purposes of implementing subsections (a)(1)(B)(i) and
(c)(2)(A), when weighing the interest in maintaining confidentiality
under this section, there shall be a rebuttable presumption that the
interest in protecting personally identifiable information of an
individual outweighs the public interest in disclosure.
``(e) Rule of Construction.--Nothing in this section shall be
construed to permit, require, or authorize the disclosure of classified
information (as defined under section 1 of the Classified Information
Procedures Act (18 U.S.C. App.)).''.
(b) Technical and Conforming Amendment.--The table of sections for
chapter 111 of title 28, United States Code, is amended by adding after
the item relating to section 1659 the following:
``1660. Restrictions on protective orders and sealing of cases and
settlements.''.
(c) Effective Date.--The amendments made by this section shall--
(1) take effect 30 days after the date of enactment of this
Act; and
(2) apply only to orders entered in civil actions or
agreements entered into on or after such date.
SEC. 411. SECRET SETTLEMENTS BAN.
(a) Definitions.--In this section--
(1) the terms ``antitrust dispute'', ``civil rights
dispute'', ``consumer dispute'', and ``employment dispute''
have the meanings given those terms in section 401 of title 9,
United States Code, as added by section 409 of this Act;
(2) the term ``covered agreement''--
(A) means a contract or settlement agreement
between a covered person and any other person relating
to an antitrust dispute, civil rights dispute, consumer
dispute, discrimination dispute, or employment dispute;
and
(B) does not include a collective bargaining
agreement between a covered person and the collective
bargaining representative of the employees of the
covered person;
(3) the term ``covered person'' means--
(A) an individual that is an employer; or
(B) a corporation, limited liability company, or
other entity that is created by the filing of a public
document with a secretary of state of a State or
similar office, without regard to whether the entity is
a for-profit or nonprofit entity or is an employer; and
(4) 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
dispute, civil rights dispute, consumer dispute, or employment
dispute to which the covered agreement relates.
(b) Ban on Secret Settlements.--A secret settlement provision--
(1) shall be deemed against public policy; and
(2) shall have no force or effect.
(c) Notice.--A covered agreement shall include a bold, prominently
placed notice stating that any secret settlement provision in the
covered agreement has no force or effect and is unenforceable against
any person.
(d) Costs.--In any civil action, if a covered person seeks to
enforce a secret settlement provision, the court may award costs,
including reasonable attorney's fees, to the person against whom the
covered person seeks to enforce the secret settlement provision.
(e) 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 in 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 provision.
SEC. 412. OVERSIGHT PROCESS FOR DISQUALIFICATION OF JUSTICE, JUDGE, OR
MAGISTRATE JUDGE.
Section 455 of title 28, United States Code, as amended by section
404 of this Act, is amended by adding at the end the following:
``(h)(1) Any litigant appearing before a justice, judge, or
magistrate judge of the United States may file a petition that the
justice, judge, or magistrate judge of the United States, as
applicable, shall be disqualified based on the criteria described in
subsection (b).
``(2)(A) Any judge or magistrate judge of the United States subject
to a petition under paragraph (1) may provide a public, written
response to the petition that provides a written explanation relating
to any disqualification decision.
``(B) Any justice of the Supreme Court of the United States subject
to a petition under paragraph (1) shall provide a public, written
response to the petition that provides a written explanation relating
to any disqualification decision.
``(3) If a litigant makes a petition under paragraph (1) relating
to a justice of the Supreme Court of the United States, the Judicial
Conference of the United States shall issue a nonbinding, public
advisory opinion with its recommendation, which shall be shared with
the Supreme Court Review Committee established in section 415 of the
Anti-Corruption and Public Integrity Act.
``(4) If the Judicial Conference of the United States recommends
that a justice of the Supreme Court of the United States be
disqualified under this section, the justice shall publicly explain a
final disqualification decision in writing, which shall be shared with
the Supreme Court Review Committee established in section 415 of the
Anti-Corruption and Public Integrity Act.
``(5)(A) For any judge or magistrate judge of the United States,
the Judicial Conference of the United States shall--
``(i) establish a written process to determine whether a
judge meets 1 or more of the criteria in subsection (b); and
``(ii) use any administrative procedures which may be
necessary to aid in the execution of the written process
described in clause (i), which may include any procedures or
software that may be necessary to determine whether a judge
meets 1 or more of the criteria in subsection (b).
``(B) The process described in subparagraph (A)(i) shall be made
publicly available and, at a minimum--
``(i) include how an individual may make a petition under
paragraph (1) for a judge to be disqualified;
``(ii) 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 disqualified;
``(iii) allow the judge or group of judges making the
disqualification determination to receive the expert advice of
ethics personnel and officials, including individuals with
expertise in ethics at the Judicial Conference or at the Office
of Public Integrity;
``(iv) require that the judge be disqualified should
another judge or group of judges determine that the judge must
be disqualified in accordance with this subsection; and
``(v) require that all recusal decisions be made publicly
available and be accompanied by a written explanation for the
recusal decision.''.
SEC. 413. COMPLAINTS AGAINST RETIRED JUDGES AND JUDICIAL DISCIPLINE.
(a) Complaints.--Section 351(d) of title 28, United States Code, is
amended--
(1) by striking paragraph (1) and inserting the following:
``(1) the term `judge'--
``(A) means a circuit judge, district judge,
bankruptcy judge, or magistrate judge; and
``(B) includes a retired judge described in
subparagraph (A);''; and
(2) in paragraph (2), by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following:
``(3) the term `retired judge' means any judge of the
United States who has retired from regular active service under
section 371(b) or 372(a).''.
(b) Review of Complaint by Chief Judge.--Section 352 of title 28,
United States Code, is amended by adding at the end the following:
``(e) Definition.--In this section, 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 States.''.
SEC. 414. ACTION BY JUDICIAL COUNCIL IN RESPONSE TO MISCONDUCT BY
JUDGES.
Section 354 of title 28, United States Code, is amended--
(1) in subsection (a)(2), by adding at the end the
following:
``(D) Retired judges.--If the conduct of a retired
judge is the subject of the complaint, action by the
judicial council under paragraph (1)(C) may include--
``(i) censuring or reprimanding the judge
by means of public announcement; and
``(ii) reducing or rescinding the nonvested
pension benefits of the retired judge.
``(E) Remedial actions for certain conduct.--
``(i) Definition.--In this subparagraph,
the term `covered judge' does not include a
retired judge.
``(ii) Conduct.--If the conduct of a
covered judge is the subject of the complaint,
action by the judicial council under paragraph
(1)(C) may include mandating that the covered
judge participate in professional counseling,
treatment, education, or mentoring to address
the misconduct at issue.''; and
(2) by adding at the end the following:
``(c) Report.--
``(1) 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 on,
with respect to the previous year--
``(A) the number of complaints filed under section
351 against judges in the circuit; and
``(B) the outcome of the complaints described in
subparagraph (A).
``(2) 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 (1).
``(3) Public availability.--No later than 30 days after
submitting to Congress each report under paragraph (1), the
Judicial Conference of the United States shall make the report
available to the public.''.
SEC. 415. SUPREME COURT COMPLAINTS REVIEW COMMITTEE.
(a) Definitions.--In this section:
(1) Review committee.--The term ``Review Committee'' means
the Supreme Court Complaints Review Committee.
(2) Close family member.--The term ``close family member''
includes--
(A) a parent of the reporting individual;
(B) a spouse of the reporting individual; and
(C) an adult child of the reporting individual.
(b) Establishment.--For the purpose of assisting the House of
Representatives in carrying out its responsibilities under section 2 of
article I and section 4 of article II of the Constitution of the United
States, 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
Representatives.
(c) Members.--
(1) In general.--The Review Committee shall consist of 5
members, of whom--
(A) 2 shall be appointed by the Speaker of the
House of Representatives;
(B) 2 shall be appointed by the Minority Leader of
the House of Representatives; and
(C) 1 shall be appointed by agreement of the
Speaker of the House of Representatives and the
Minority Leader of the House of Representatives.
(2) Qualifications of review committee members.--
(A) 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 education,
training, or experience in 1 or more of the following
fields:
(i) Constitutional law.
(ii) Impeachment.
(iii) Judicial ethics.
(iv) Professional ethics.
(v) Legal history.
(vi) Judicial service.
(B) 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 Committee.
(C) Citizenship.--Each member of the Review
Committee shall be a United States citizen.
(D) Disqualifications.--No individual shall be
eligible for appointment to, or service on, the Review
Committee who--
(i) has ever been registered, or required
to be registered, as a lobbyist under the
Lobbying Disclosure Act of 1995 (2 U.S.C. 1601
et seq.);
(ii) engages in, or is otherwise employed
in, lobbying of the Congress;
(iii) is registered or is required to be
registered as an agent of a foreign principal
under the Foreign Agents Registration Act of
1938 (22 U.S.C. 611 et seq.);
(iv) is a currently serving judge, justice,
or employee of the Federal courts;
(v) is an officer or employee of the
Federal Government;
(vi) is a close family member of any judge
or justice of the Federal courts;
(vii) during the 4 years preceding the date
of appointment, engaged in any significant
political activity (including being a candidate
for public office, fundraising for a candidate
for public office or a political party, or
serving as an officer or employee of a
political campaign or party);
(viii) during the 2 years preceding the
date of appointment, served as a fiduciary or
personal attorney for a judge, justice, or
employee of the Federal courts, including any
judge or justice; or
(ix) any currently serving Senator or
Representative in, or Delegate or Resident
Commissioner to, the Congress.
(3) Term and removal.--
(A) Length of term.--The term of a member of the
Review Committee shall be for 2 Congresses.
(B) Term limits.--A member of the Review Committee
may not serve during 4 consecutive Congresses.
(C) 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 \2/3\ of the members of
the Committee on the Judiciary of the House of
Representatives.
(D) Vacancies.--Any vacancy on the Review Committee
shall be filled for the unexpired portion of the term
in the same manner, and by the same appointing
authority, as the original appointment under paragraph
(2).
(d) Chairperson and Vice Chairperson.--
(1) In general.--The members of the Review Committee shall
elect a chairperson and a vice chairperson of the Review
Committee by a majority vote. The chairperson and the vice
chairperson shall serve a 1-year term, and may be reelected for
additional 1-year terms.
(2) Duties.--The chairperson of the Review Committee shall
preside at the meetings of the Review Committee, and the vice
chairperson shall preside in the absence or disability of the
chairperson.
(e) Meetings.--
(1) Quorum.--A majority of the members of the Review
Committee shall constitute a quorum.
(2) Meetings.--The Review Committee shall meet at the call
of the chairperson, the chair of the Committee on the Judiciary
of the House of Representatives, or the call of a majority of
its members, pursuant to the rules of the Review Committee.
(3) Voting.--Except as otherwise specifically provided, a
majority vote of the Review Committee under this subtitle shall
require an affirmative vote of 3 or more members.
(f) Compensation.--A member of the Review Committee shall not be
considered to be an officer or employee of the House or Senate, but
shall be compensated at a rate equal to the daily equivalent of the
minimum annual rate of basic pay prescribed for GS-15 of the General
Schedule under section 5107 of title 5, United States Code, for each
day (including travel time) during which such member is engaged in the
performance of the duties of the Review Committee.
(g) Duties of Review Committee.--
(1) 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 (m).
(2) Hearings.--The Review Committee may hold such hearings
as are necessary and may sit and act only in executive session
at such times and places, solicit such testimony, and receive
such relevant evidence, as may be necessary to carry out its
duties.
(h) Financial Disclosure Reports.--
(1) 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 15 of each
calendar year immediately following any year in which the
member served on the Review Committee. 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 102 of the Ethics in Government Act of
1978 (5 U.S.C. App.).
(2) Distribution of report.--The Clerk of the House of
Representatives shall--
(A) not later than 7 days after the date each
financial disclosure report under paragraph (1) is
filed, send a copy of each such report to the Committee
on the Judiciary of the House of Representatives; and
(B) annually print all such financial disclosure
reports as a document of Congress, and make the
document available to the public.
(i) Duties and Powers of the Review Committee.--
(1) In general.--The Review Committee is authorized--
(A) 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 States;
(B) to conduct a review of material complaints
regarding alleged misconduct by a Justice of the
Supreme Court of the United States; and
(C) in any case where the Review Committee
determines, on the basis of the review described in
subsection (m), 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 1 or more grounds
for impeachment under article II of the Constitution of
the United States, or which, in the interest of
justice, is not amenable to resolution by the Review
Committee, the Review Committee shall promptly certify
such determination, together with any complaint and a
record of any associated proceedings to the Committee
on the Judiciary of the House of Representatives.
(2) Referrals to law enforcement officials.--
(A) In general.--Upon a majority vote of the Review
Committee, 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 officials, which referral shall
include all appropriate evidence gathered during any
review or preliminary investigation conducted under
this subtitle.
(B) 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 subsection.
(3) Limitations on review.--No review may be undertaken by
the Review Committee of any complaint--
(A) that is directly related to the merits of a
decision or procedural ruling;
(B) that is frivolous, lacking sufficient evidence
to raise an inference that misconduct has occurred, or
containing allegations that are incapable of being
established through investigation;
(C) concerning any alleged violation of law, rule,
regulation or standard of conduct not in effect at the
time of the alleged violation; or
(D) concerning any alleged violation that occurred
before the date of enactment of this Act.
(j) Prohibition on Public Disclosure.--
(1) In general.--
(A) 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
Committee, unless approved by a majority vote of the
Review Committee. Any communication to any person or
entity outside the Review Committee may occur only as
authorized by the Review Committee.
(B) Procedures and investigation.--The Review
Committee shall establish, in consultation with
relevant agencies, procedures necessary to prevent the
unauthorized disclosure of any information received by
the Review Committee. Any breaches of confidentiality
shall be investigated by the Review Committee and
appropriate action shall be taken, which may include a
recommendation to Congress for removal pursuant to
subsection (c)(3)(C).
(2) Provision with respect to house and senate judiciary
committees.--Paragraph (1) shall not preclude--
(A) any member or employee of the Review Committee
from presenting a report or findings of the Committee,
or testifying before the Committee on the Judiciary of
the House of Representatives, if requested by the
Committee on the Judiciary of the House of
Representatives pursuant to its rules;
(B) any necessary communication with the Department
of Justice or any other law enforcement agency; or
(C) any necessary communication with the Speaker or
Minority Leader of the House of Representatives or the
Majority Leader or Minority Leader of the Senate.
(3) 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 justice, the Review
Committee shall provide the justice whose conduct is the
subject of the complaint the opportunity to present, orally or
in writing (at the discretion of the justice), a statement to
the Review Committee.
(k) 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 justice, 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 Representatives.
(l) Maintaining of Financial Disclosure Reports.--The Review
Committee shall receive, and maintain, a copy of each report filed
under section 101 of the Ethics in Government Act of 1978 (5 U.S.C.
App.) by a Justice of the Supreme Court of the United States.
(m) Complaints.--
(1) Source of complaints.--Any person, including a judge,
justice, 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 (including any regulation), rule, or
other standard of conduct, including the Code of Conduct for
United States Judges adopted by the Judicial Conference of the
United States, applicable to the conduct of such justice in the
performance of the duties, or the discharge of the
responsibilities, of the justice.
(2) False claims and statements acknowledgment.--Any
complaint submission under paragraph (1) shall include a signed
statement acknowledging that the person submitting the
allegation or information understands that section 1001 of
title 18, United States Code (popularly known as the ``False
Statements Act'') applies to the information.
(3) Review process of alleged violations by a justice.--
(A) Review authorization.--
(i) In general.--After receiving a
complaint under paragraph (1), the Review
Committee may, by majority vote, authorize a
review under subparagraph (B) of any alleged
violation by a justice of any law (including
any regulation), rule, or other standard of
conduct, including the Code of Conduct for
United States Judges adopted by the Judicial
Conference of the United States, applicable to
the conduct of such justice in the performance
of the duties, or the discharge of the
responsibilities, of the justice.
(ii) Requirements.--The authorization under
clause (i) shall--
(I) be in writing; and
(II) include a brief description of
the specific matter and an explanation
of why allegations in the complaint
meet the criteria in subsection (i)(3).
(B) Review process.--
(i) Initiation and notification of
review.--After the date on which the Review
Committee makes an authorization under
subparagraph (A), the Review Committee shall--
(I) initiate a review of the
alleged violation; and
(II) provide a written notification
of the commencement of the review,
including a statement of the nature of
the review, to--
(aa) the Committee on the
Judiciary of the Senate and the
Committee on the Judiciary of
the House of Representatives;
and
(bb) the justice who is the
subject of the review.
(ii) Opportunity to terminate review.--At
any time, the Review Committee may, by a
majority vote, terminate a review on any
ground, including that the matter under review
is de minimis in nature. If the Review
Committee votes to terminate the review, the
Committee shall--
(I) notify, in writing, the
complainant, the justice who was the
subject of the review, the Committee on
the Judiciary of the Senate, and the
Committee on the Judiciary of the House
of Representatives of its decision to
terminate the review of the matter; and
(II) send a report, including any
findings of the Review Committee, to
the Committee on the Judiciary of the
Senate and the Committee on the
Judiciary of the House of
Representatives.
(C) Scope of review.--During a review, the Review
Committee shall evaluate the complaint and determine,
based on a majority vote, whether the misconduct
alleged in the complaint, if true, may constitute
``Treason, Bribery, and other high Crimes and
Misdemeanors'' under section 4 of article II of the
Constitution of the United States.
(D) Completion of review.--Upon the completion of
any review, the Review Committee shall--
(i) transmit to the Committee on the
Judiciary of the House of Representatives a
written report that includes--
(I) a statement of the nature of
the review and the justice who is the
subject of the review;
(II) the Review Committee's
determination under paragraph (3);
(III) a description of the number
of members voting in the affirmative
and in the negative for the Review
Committee's determination under
paragraph (3)(C);
(IV) any relevant findings of the
Review Committee, including--
(aa) any findings of fact;
(bb) a description of any
relevant information that the
Review Committee was unable to
obtain or witnesses whom the
Review Committee was unable to
interview, and the reasons
therefor; and
(cc) a citation of any
relevant law, regulation, or
standard of conduct relating to
the alleged misconduct;
(V) any supporting documentation;
and
(VI) a written determination of
whether the misconduct alleged in the
complaint, if true, may constitute
``Treason, Bribery, and other high
Crimes and Misdemeanors'' under section
4 of article II of the Constitution of
the United States; and
(ii) transmit to the complainant and the
justice who is the subject of the review the
written report of the Review Committee
described in clause (i).
(n) House Judiciary Committee Consideration of Review Committee
Report.--If the Review Committee determines, after a review, that
misconduct alleged in a complaint, if true, may constitute ``Treason,
Bribery, and other high Crimes and Misdemeanors'' under section 4 of
article II of the Constitution of the United States, not later than 30
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 (m), the Committee on the Judiciary
of the House of Representatives shall vote on whether to proceed with
an investigation or an impeachment inquiry.
(o) Request From House Judiciary Committee.--
(1) In general.--Notwithstanding any other provision of
this section, 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
Representatives, the Review Committee shall refer such matter
to the Committee on the Judiciary of the House of
Representatives, cease its review of that matter and so notify
any justice who is the subject of the review.
(2) 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 complaint, the Review Committee may begin or
continue, as the case may be, a review of the matter.
(3) 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 agencies.
(p) Procedures.--
(1) Review powers.--Members or employees of the Review
Committee may, during a review--
(A) administer to or take from any person an oath,
affirmation, or affidavit;
(B) obtain information or assistance from any
Federal, State, or local governmental agency, or other
entity, or unit thereof, including all information kept
in the course of business by the Judicial Conference of
the United States, the judicial councils of circuits,
the Administrative Office of the United States Courts,
and the United States Sentencing Commission;
(C) take the deposition of witnesses; and
(D) 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 of any
book, check, canceled check, correspondence,
communication, document, email, paper, physical
evidence, record, recording, tape, or other material
(including electronic records) relating to any matter
or question the Review Committee is authorized to
review from any individual or entity, which--
(i) shall be handled in accordance with the
rules of the Committee on the Judiciary of the
House of Representatives; and
(ii) may allow for the transmission of
information or testimony between the Review
Committee and the Committee on the Judiciary of
the House of Representatives, in accordance
with the rules of the Committee on the
Judiciary of the House of Representatives.
(2) 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 party.
(3) 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 (1) necessary to carry out the functions of the
Review Committee in accordance with this section.
(q) Personnel Matters.--
(1) Appointment and compensation of employees.--The Review
Committee may appoint and fix the compensation of such
professional, nonpartisan staff (including staff with relevant
experience in investigations and law enforcement) of the Review
Committee as it considers necessary to perform its duties,
who--
(A) shall perform all official duties in a
nonpartisan manner; and
(B) may not engage in any partisan political
activity directly affecting any congressional or
Presidential election, or any nomination of a Federal
judge or justice.
(2) Qualifications.--Each employee of the Review Committee
shall be professional and demonstrably qualified for the
position for which the employee is hired.
(3) Termination of employees.--The employment of an
employee of the Review Committee may be terminated at any time
by the Review Committee.
(4) Code of conduct.--The Review Committee shall establish
a code of conduct to govern the behavior of the members or
employees of the Review Committee, which shall include the
avoidance of conflicts of interest.
(r) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section such sums as may be necessary.
SEC. 416. EXPEDITED IMPEACHMENT OF FEDERAL JUDGES.
Section 355(b) of title 28, United States Code, is amended by
adding at the end the following:
``(3) Expedited impeachment.--
``(A) In general.--After the Judicial Conference
transmits the determination and the record of
proceedings under paragraph (1) or (2) to the House of
Representatives, the determination and record shall be
immediately referred to the Committee on the Judiciary
of the House of Representatives.
``(B) Vote.--Not later than 30 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 (A), the
Committee on the Judiciary of the House of
Representatives shall vote on whether to proceed with
an investigation or an impeachment inquiry.''.
SEC. 417. JUDICIAL WORKPLACE CLIMATE SURVEYS.
(a) In General.--Chapter 21 of title 28, United States Code, is
amended by adding at the end the following:
``Sec. 464. Judicial workplace climate surveys
``(a) In General.--The Judicial Conference of the United States
shall administer a climate survey to each employee of a court of the
United States about the work environment of the court, which shall--
``(1) be administered not later than 18 months after the
date of enactment of this section and every 2 years thereafter;
``(2) be voluntary;
``(3) survey respondents on the general work environment,
including attitudes in the workplace regarding diversity and
inclusion and harassment or discrimination on the basis of
race, ethnicity, disability, sex, sexual orientation, and
gender identity; and
``(4) be anonymous and confidential, with notice of the
anonymity and confidentiality made to the respondent throughout
the survey.
``(b) Transmission of Information.--Information obtained in a
survey administered under subsection (a) shall be--
``(1) made publicly available; and
``(2) transmitted to the Committee on the Judiciary of the
Senate and the Committee on the Judiciary of the House of
Representatives, the Chief Justice of the United States, and
the Judicial Conference of the United States.''.
(b) Technical and Conforming Amendment.--The table of sections for
chapter 21 of title 28, United States Code, is amended by adding at the
end the following:
``464. Judicial workplace climate surveys.''.
SEC. 418. PILOT PROGRAM TO PROVIDE ACCESS TO COUNSEL IN FEDERAL COURT.
(a) Definitions.--In this section:
(1) Director.--The term ``Director'' means the Director of
the Administrative Office of the United States Courts.
(2) Eligible entity.--The term ``eligible entity'' means
any of the following:
(A) A State or local public defenders office.
(B) A clinical law program at a nonprofit law
school.
(C) An organization described in section 501(c)(3)
of the Internal Revenue Code of 1986 which is exempt
from taxation under section 501(a) of such Code, which
organization has expertise in providing legal
assistance to persons unable to afford counsel.
(D) A State bar association.
(b) Authorization.--The Director is authorized to carry out a pilot
program to facilitate the appointment of counsel under section
1915(e)(1) of title 28, United States Code. In carrying out the pilot
program, the Director is authorized to make grants to eligible
entities, and make funds available to Federal public defender and
community defender organizations and to courts of the United States.
(c) Application.--An eligible entity seeking a grant under this
section shall submit to the Director an application at such time, in
such manner, and containing such information as the Director may
reasonably require.
(d) Priority.--
(1) Expertise.--In considering an application submitted by
an eligible entity under subsection (c), 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 actions, which may
include--
(A) persons earning 200 percent or below of area
median income, up to $100,000;
(B) persons qualifying for means-tested public
benefits;
(C) persons who reside in subsidized housing; and
(D) persons serving a term of imprisonment.
(2) Geographic diversity.--The Director shall give priority
to areas of varying geographic size with the greatest showing
of unmet need for counsel, and shall, to the extent
practicable, equitably distribute funds on a geographic basis
including nonurban and rural areas of various geographic size.
(3) No preference for federal entities.--The Director may
not prioritize distributing funds to Federal entities over
making grants to eligible entities.
(e) Use of Funds.--
(1) Grant recipients.--An eligible entity receiving a grant
under this section shall use such funds as follows:
(A) In the case of an entity described in
subsection (a)(2)(A), to provide financial compensation
to staff or contracted attorneys who provide counsel
pursuant to requests under section 1915(e)(1) of title
28, United States Code.
(B) In the case of an entity described in
subsection (a)(2)(B), to fund a clinical law program
that provides counsel pursuant to requests under
section 1915(e)(1) of title 28, United States Code.
(C) In the case of an entity described in
subparagraph (C) or (D) of subsection (a)(2), to
provide financial compensation to attorneys who provide
counsel pursuant to requests under section 1915(e)(1)
of title 28, United States Code.
(2) Federal defenders and courts.--
(A) 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
1915(e)(1) of title 28, United States Code.
(B) 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 1915(e)(1)
of title 28, United States Code.
(f) Full Representation.--To the extent practicable, and in
accordance with applicable ethics rules, 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 provides,
or facilitates the provision, of counsel pursuant to a request under
section 1915(e)(1) of title 28, United States Code.
(g) Report.--Not later than 2 years after the date of the enactment
of this Act, and every 2 years thereafter, the Director shall submit to
Congress and make publicly available a report on the pilot program
under this section, which report shall include the following:
(1) With respect to persons for whom counsel was provided
pursuant to a request under section 1915(e)(1) of title 28,
United States Code, the types of cases, length of time spent on
cases by attorneys and outcomes of the matters for which such
counsel was provided.
(2) Benefits related to increased access to counsel and any
remaining barriers to access to counsel pursuant to requests
under such section 1915(e)(1).
(3) Any changes in the frequency of requests made by courts
under such section 1915(e)(1).
(4) Other changes to the functioning of the Federal courts
related to the pilot program, 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 1915(e)(1).
(5) Suggested changes to the pilot program to ensure
greater access to justice for low-income litigants.
(h) Authorization of Appropriations.--There is authorized to be
appropriated such sums as may be necessary for each of fiscal years
2021 through 2030, of which the Director may reserve not more than 5
percent for administrative costs.
TITLE V--ENFORCEMENT
Subtitle A--Office of Public Integrity
SEC. 511. ESTABLISHMENT OF OFFICE OF PUBLIC INTEGRITY.
(a) In General.--The Ethics in Government Act of 1978 (5 U.S.C.
App.) is amended--
(1) in title I, by striking ``Government Ethics'' each
place it appears and inserting ``Public Integrity'';
(2) in the heading for title IV, by striking ``GOVERNMENT
ETHICS'' and inserting ``PUBLIC INTEGRITY'';
(3) in section 401--
(A) by striking ``Government Ethics'' each place it
appears and inserting ``Public Integrity'';
(B) in subsection (a)--
(i) by inserting ``(1)'' before ``There is
established''; and
(ii) by adding at the end the following:
``(2) The purposes of the Office of Public Integrity are--
``(A) to consolidate and strengthen Federal ethics
enforcement and anti-corruption public integrity efforts;
``(B) to conduct anti-corruption, ethics, and public
integrity oversight of officers and employees of the Federal
Government through investigations, corrective action, and other
actions and penalties;
``(C) to promote public integrity and prevent corruption
within the Federal Government through education, advisory,
guidance, and rulemaking;
``(D) to facilitate accountability through affirmative
public disclosures, lobbying registration, and the promotion of
transparency across the Federal Government; and
``(E) to protect the public's interest in democracy and
Federal policymaking.''; and
(C) by adding after subsection (d), as added by
section 309 of this Act, the following:
``(e)(1) There is established within the Office of Public Integrity
a division to be known as the `Government Ethics Division'.
``(2) 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 subsection, including--
``(A) providing advice to designated agency ethics
officials, including legal advisories, education advisories,
and program management advisories on substantive ethics issues;
``(B) providing training and education opportunities to
designated agency ethics officials on an ongoing basis; and
``(C) providing confidential advice, which, subject to
paragraph (3), shall not lead to enforcement action, for any
agency employee seeking confidential ethics advice.
``(3)(A) The Government Ethics Division may refer a matter for
enforcement based on information obtained in providing advice to an
employee under paragraph (2)(C) if the employee--
``(i) knowingly makes a material misrepresentation,
including making a significant omission in providing
information, to the Government Ethics Division;
``(ii) has already taken the action in violation of the
laws or regulations relating to conflicts of interest or other
ethics issues;
``(iii) reveals significant criminal activity, particularly
criminal activity outside the jurisdiction of the Office of
Public Integrity;
``(iv) engaged in a prohibited personnel practice described
in paragraph (8) or subparagraph (A)(i), (B), (C), or (D) of
paragraph (9) of section 2302(b) of title 5, United States
Code; or
``(v) engaged in other actions, as established by the
Director by regulation.
``(B) An employee who seeks advice under paragraph (2)(C) may be
subject to administrative remedies, such as reprimand, divestiture,
forced recusal, or other corrective actions to remedy the violation.
``(C) Notwithstanding any other provision in this paragraph, the
Director may promulgate regulations (including regulations under
subparagraph (A)(v)) to ensure that--
``(i) 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 civil, criminal, or
disciplinary action by the Office of Public Integrity;
``(ii) 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 law, rule, regulation, or lawful
management policy or directive; and
``(iii) 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 fraudulent, misleading, or otherwise
incorrect information, the reliance of the employee on the
opinion not be deemed to be in good faith.'';
(4) in section 403, by striking ``Government Ethics'' each
place it appears and inserting ``Public Integrity''; and
(5) in section 503(2), by striking ``Government Ethics''
and inserting ``Public Integrity''.
(b) Officers.--
(1) Director.--Section 401(b) of the Ethics in Government
Act of 1978 (5 U.S.C. App.) is amended--
(A) by inserting ``(1)'' before ``There shall be'';
(B) 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
appointed'';
(C) by striking ``Effective with respect'' and
inserting the following:
``(3) Effective with respect'';
(D) by inserting after paragraph (1), as so
designated, the following:
``(2) Each individual appointed by the President to the position of
Director--
``(A) shall not have any conflict of interest with respect
to any aspect of performing the duties and responsibilities of
the Director;
``(B) shall have a demonstrated record in public integrity
and ethics enforcement;
``(C) shall not have ever been registered, or required to
be registered, as a lobbyist under the Lobbying Disclosure Act
of 1995 (2 U.S.C. 1601 et seq.);
``(D) during the 4-year period ending on the date on which
the President nominates the individual to the position of
Director, shall not have engaged in any significant political
activity (including being a candidate for public office,
fundraising for a candidate for public office or a political
party, or serving as an officer or employee of a political
campaign or party);
``(E) shall not have ever been an agent of a foreign
principal registered under the Foreign Agents Registration Act
of 1938 (22 U.S.C. 611 et seq.); and
``(F) during the 4-year period ending on the date on which
the President nominates the individual to the position of
Director, shall not have served as a fiduciary or personal
attorney for an officer or employee of the Federal Government,
including anyone elected to public office.''; and
(E) by adding at the end the following:
``(4) The Director may only be removed from office by the President
for inefficiency, neglect of duty, or malfeasance in office.
``(5) Not later than 30 days before the date on which the President
removes the Director from office or transfers the Director to another
position or location for inefficiency, neglect of duty, or malfeasance
in office, the President shall submit to the Senate and the House of
Representatives written notice of the reasons for the removal or
transfer.
``(6) During the period of any absence or unavailability of the
Director, including a vacancy in the office of the Director, all powers
and duties of the Director shall be vested in the Deputy Director.
``(7) The Director may continue to serve beyond the expiration of
the term of the Director until a successor is appointed, by and with
the advice and consent of the Senate.''.
(2) Assistant directors.--Section 401(c)(1) of the Ethics
in Government Act of 1978 (5 U.S.C. App.) is amended by
inserting ``and Assistant Directors (which may include an
Assistant Director for Investigations, an Assistant Director
for Government Transparency, and an Assistant Director for the
Government Ethics Division)'' after ``including attorneys''.
(3) Deputy director.--Section 401 of the Ethics in
Government Act of 1978 (5 U.S.C. App.) is amended by adding
after subsection (e), as added by subsection (a) of this
section, the following:
``(f)(1) There shall be in the Office of Public Integrity a Deputy
Director, who shall--
``(A) be appointed by the President in accordance with
paragraph (2), by and with the advice and consent of the
Senate; and
``(B) serve as acting Director in the event of the absence
or unavailability of the Director, including a vacancy in the
office of the Director.
``(2) Each individual appointed by the President to the position of
Deputy Director--
``(A) shall not have any conflict of interest with respect
to any aspect of performing the duties and responsibilities of
the Deputy Director;
``(B) shall have a demonstrated record in public integrity
and ethics enforcement;
``(C) shall not have ever been registered, or required to
be registered, as a lobbyist under the Lobbying Disclosure Act
of 1995 (2 U.S.C. 1601 et seq.);
``(D) during the 4-year period ending on the date on which
the President nominates the individual to the position of
Deputy Director, shall not have engaged in any significant
political activity (including being a candidate for public
office, fundraising for a candidate for public office or a
political party, or serving as an officer or employee of a
political campaign or party);
``(E) shall not have ever been an agent of a foreign
principal registered under the Foreign Agents Registration Act
of 1938 (22 U.S.C. 611 et seq.); and
``(F) during the 4-year period ending on the date on which
the President nominates the individual to the position of
Deputy Director, shall not have served as a fiduciary or
personal attorney for an officer or employee of the Federal
Government, including anyone elected to public office.''.
(c) Authority and Functions.--Section 402 of the Ethics in
Government Act of 1978 (5 U.S.C. App) is amended--
(1) in subsection (a)--
(A) by striking ``shall provide'' and inserting the
following: ``shall--
``(1) provide'';
(B) by striking the period at the end and inserting
``; and''; and
(C) by adding at the end the following:
``(2) 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
issues, to the extent allowable by law and the Constitution.'';
(2) in subsection (b)--
(A) in paragraph (1)--
(i) by striking ``the President or'';
(ii) by striking ``ethics'' and inserting
``other ethics issues''; and
(iii) by striking ``title II of this Act''
and inserting ``title I'';
(B) in paragraph (2)--
(i) by striking ``the President or''; and
(ii) by inserting ``and other ethics
issues'' before the semicolon;
(C) in paragraph (3), by striking ``title II of
this Act'' and inserting ``title I'';
(D) in paragraph (4)--
(i) by striking ``conflict of interest laws
or regulations'' and inserting ``laws or
regulations relating to conflicts of interest
or other ethics issues''; and
(ii) by striking ``ethical problems'' and
inserting ``other ethics issues'';
(E) in paragraph (6)--
(i) by striking ``the President or''; and
(ii) by striking ``ethical problems'' and
inserting ``other ethics issues'';
(F) in paragraph (7), by striking ``conflict of
interest problems'' and inserting ``conflicts of
interest or other ethics issues'';
(G) by striking paragraph (9) and inserting the
following:
``(9)(A) investigating potential violations by officers and
employees in the Federal Government (including officers and
employees in positions in the Executive Office of the President
(including the White House Office)) of the laws or regulations
relating to conflicts of interest or other ethics issues;
``(B) ordering (or with respect to the President,
recommending) corrective action on the part of agencies,
officers, and employees, as determined appropriate by the
Director;
``(C) as the Director determines appropriate, 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 enforcement; and
``(D) order appropriate disciplinary action with respect to
an officer or employee in the executive branch, in accordance
with subsection (f)(2);'';
(H) by striking paragraph (11) and inserting the
following:
``(11)(A) 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 ethics,
accountability, public integrity, and transparency; and
``(B) preparing an annual report to Congress, which shall
include--
``(i) any recommended amendments described in
subparagraph (A);
``(ii) a description of any significant actions
taken by the Director in carrying out the duties of the
Director, 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 issues;
``(iii) information concerning significant
violations of the laws or regulations relating to
conflicts of interest or other ethics issues; and
``(iv) corrective action concerning violations
described in clause (iii) and progress made in
implementing such corrective action;'';
(I) in paragraph (12), by striking ``conflict of
interest and ethical problems'' and inserting
``conflicts of interest and other ethics issues'';
(J) by striking paragraph (13) and inserting the
following:
``(13) 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 General, accompanied by any
evidence in the possession of the Director and recommendations,
if any, of the Director regarding the appropriate charges or
penalties;'';
(K) in paragraph (14), by striking ``and'' at the
end;
(L) in paragraph (15), by striking ``title II of
this Act.'' and inserting ``title I;''; and
(M) by adding at the end the following:
``(16)(A) assuming responsibilities for disclosures of
executive branch financial holdings, lobbying, and influencing
activities;
``(B) conducting periodic and routine audits of disclosures
described in subparagraph (A) to ensure the accuracy of the
documents; and
``(C) conducting targeted audits of disclosures described
in subparagraph (A) when the Director has reason to believe
such disclosures contain inaccuracies or misinformation;
``(17) receiving, and within a reasonable timeframe
responding to, complaints from members of the public of alleged
violations of the laws or regulations relating to conflicts of
interest or other ethics issues;
``(18) reporting publicly anonymized information regarding
the resolution of complaints received under paragraph (17);
``(19) making available online on a central website that
allows records to be available in a searchable, sortable, and
downloadable format all ethics records that are required to be
made publicly available under any provision of law, or that the
Director determines may and should be made publicly available,
including ethics records described in subsection (j)(1);
``(20) after providing notice and an opportunity for a
hearing, imposing appropriate civil monetary penalties against
individuals and entities who violate the laws or regulations
relating to conflicts of interest or other ethics issues;
``(21) making appropriate enforcement referrals to the
Securities and Exchange Commission, the Office of the Special
Counsel, and other relevant Federal or State law enforcement
agencies in instances of violations of Federal or State law,
where appropriate;
``(22) except as otherwise required by law or reserved to
the President, making and overseeing any waiver of the laws or
regulations relating to conflicts of interest or other ethics
issues;
``(23) testifying before each House of Congress at least
annually;
``(24) approving any significant determination by a
designated agency ethics official, including any ethics
agreement, financial disclosure, recusal agreement, or
divestment determination, for any individual serving in a
position--
``(A) on any level of the Executive Schedule under
subchapter II of chapter 53 of title 5, United States
Code;
``(B) in the executive branch pursuant to an
appointment by the President, by and with the advice
and consent of the Senate; or
``(C) in the Executive Office of the President;
``(25) overseeing the day-to-day activities of each
Inspector General in the executive branch, except to the extent
provided otherwise by law; and
``(26) administering the provisions of this title as they
pertain to the heads of agencies.'';
(3) in subsection (e)--
(A) in paragraph (1), by striking ``and'' at the
end;
(B) in paragraph (2), by striking the period at the
end and inserting ``; and''; and
(C) by adding at the end the following:
``(3) 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 Director.'';
(4) in subsection (f)--
(A) in paragraph (1)(A)--
(i) in clause (i), by inserting ``(or, with
respect to the President, recommend)'' after
``order'' the first place it appears; and
(ii) in clause (ii), by inserting ``(or,
with respect to the President, recommend)''
after ``order'';
(B) in paragraph (2)--
(i) in subparagraph (A)--
(I) in clause (ii)(II), by
inserting ``and Congress'' after the
``the President''; and
(II) in clause (iv)--
(aa) in subclause (I), 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 (including
reprimand, suspension,
demotion, or dismissal) or that
the agency head take such
disciplinary action as the
agency head determines
appropriate with respect to the
officer or employee''; and
(bb) by striking subclause
(II) and inserting the
following:
``(II) if the Director recommends a
specific disciplinary action under
subclause (I) and the head of the
agency (not including the President)
has not taken appropriate disciplinary
action within 90 days after the
Director recommends such action, may,
after notifying the President and
Congress in writing, order appropriate
disciplinary action with respect to the
officer or employee, in accordance with
subparagraph (B), including reprimand,
suspension, demotion, or dismissal of
the officer or employee.'';
(ii) in subparagraph (B)--
(I) by striking clause (iii) and
inserting the following:
``(iii) Subject to clause (iv) of this subparagraph, before the
Director orders any action under subparagraph (A)(iii) or orders any
disciplinary action under subparagraph (A)(iv), the Director shall
afford the officer or employee involved an opportunity for a hearing,
if requested by such officer or employee, which shall be conducted on
the record.'';
(II) by redesignating clause (iv)
as clause (vi);
(III) by inserting after clause
(iii) the following:
``(iv) The Director shall make publicly available any
recommendation of a specific disciplinary action made by the Director
under subparagraph (A)(iv)(I).
``(v) The authority of the Director under subparagraph (A)(iv)(II)
to order disciplinary action may not be delegated.''; and
(IV) in clause (vi), as so
redesignated--
(aa) by striking ``title
2'' and inserting ``title I'';
and
(bb) by striking ``section
206'' and inserting ``section
104''; and
(iii) by adding at the end the following:
``(C)(i)(I) A political appointee (as defined in section 714(h) of
title 38, United States Code) with respect to whom the Director orders
a disciplinary action under subparagraph (A)(iv) may appeal the order
to the President.
``(II) A determination by the President in an appeal under
subclause (I) shall be--
``(aa) made in writing;
``(bb) submitted to Congress; and
``(cc) made publicly available by the President.
``(III) A determination by the President in an appeal under
subclause (I) shall not be subject to judicial review.
``(ii) An officer or employee who is not a political appointee with
respect to whom the Director orders a disciplinary action under
subparagraph (A)(iv) may--
``(I) appeal a final order or decision of the Director to
the Merit Systems Protection Board under section 7701 of title
5, United States Code; and
``(II) 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 7703 of title 5,
United States Code.'';
(C) in paragraph (3), in the matter preceding
subparagraph (A), by striking ``paragraph (2)(A)(iii)''
and inserting ``clause (iii) or (iv) of paragraph
(2)(A)'';
(D) by striking paragraph (5); and
(E) by redesignating paragraph (6) as paragraph
(5); and
(5) by adding at the end the following:
``(g) As part of an investigation of potential violations of the
laws or regulations relating to conflicts of interest or other ethics
issues, the Director may require by subpoena the attendance of and
testimony by witnesses and the production of any book, check, canceled
check, correspondence, communication, document, email, papers, physical
evidence, record, recording, tape, or other material (including
electronic records) relating to any matter or question the Director is
authorized to investigate from any individual or entity.
``(h)(1) If the Attorney General declines to prosecute a criminal
matter referred by the Director, the Attorney General shall submit to
the Director and make publicly available written notice regarding the
declination.
``(2) The Attorney General may redact information from the publicly
available written notice under paragraph (1) if the Attorney General
determines that disclosure of the information would constitute a
clearly unwarranted invasion of personal privacy.
``(i)(1) In addition to the authority otherwise provided by this
Act, the Director, any Assistant Director for Investigations under the
Director who is appointed by the Director, 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 committed.
``(2) The Attorney General shall promulgate, and revise as
appropriate, guidelines which shall govern the exercise of the law
enforcement powers established under paragraph (1).
``(3)(A) The power authorized for the Office of Public Integrity
under paragraph (1) may be rescinded or suspended upon--
``(i) 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 (2); or
``(ii) a determination by the Attorney General that
available assistance from other law enforcement agencies is
sufficient to meet the need for such powers.
``(B) The powers authorized to be exercised by any individual under
paragraph (1) 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 (2).
``(4) No provision of this subsection shall limit the exercise of
law enforcement powers established under any other statutory authority,
including United States Marshals Service special deputation.
``(j)(1) In carrying out subsection (b)(19), except for classified
records and any specific record described in this paragraph the
Director determines should not be made publicly available, the website
described in subsection (b)(19) shall include--
``(A) public financial disclosure reports of nominees and
appointees to positions on any level of the Executive Schedule
under subchapter II of chapter 53 of title 5, United States
Code;
``(B) other public financial disclosure reports reviewed by
the Office of Public Integrity;
``(C) ethics agreements of individuals nominated or
appointed to a position by the President;
``(D) certifications of compliance with ethics agreements
by individuals appointed to a position by the President;
``(E) ethics agreements of individuals appointed pursuant
to subparagraph (A), (B), or (C) of section 105(a)(2) or
subparagraph (A), (B), or (C) of section 106(a)(1) of title 3,
United States Code;
``(F) certifications of compliance with ethics agreements
by individuals appointed pursuant to subparagraph (A), (B), or
(C) of section 105(a)(2) or subparagraph (A), (B), or (C) of
section 106(a)(1) of title 3, United States Code;
``(G) all ethics waivers, including waivers for senior
government officials as defined in section 101 of the Anti-
Corruption and Public Integrity Act, issued pursuant to--
``(i) section 207 or 208 of title 18, United States
Code;
``(ii) section 2635.502(d) of title 5, Code of
Federal Regulations, or any successor thereto;
``(iii) section 2635.503(c) of title 5, Code of
Federal Regulations, or any successor thereto;
``(iv) any Executive order; and
``(v) any other authority to waive other ethics
requirements or extend any ethics-related deadlines;
``(H) certificates of divestiture;
``(I) 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
approval;
``(J) records relating to the initial ethics briefings of
individuals appointed to a position by the President required
by section 2638.305 of title 5, Code of Federal Regulations, or
any successor thereto;
``(K) records of ethics training completed by individuals
appointed to a position by the President;
``(L) reports of the review by the Office of Public
Integrity of agency ethics programs;
``(M) report filed by executive agencies with the General
Services Administration regarding the use of Government
aircraft by senior officials, which shall be posted at least
every 90 days and shall contain a complete explanation of the
decision to use a Government aircraft, the cost of the use of a
Government aircraft, and the selection of the type of aircraft
used;
``(N) any reports submitted to Congress by the Office of
Public Integrity; and
``(O) any other ethics records that the Director makes
available to the public.
``(2) The Director shall ensure that--
``(A) all ethics agreements approved by the Director
specify conflicts of interest for each individual, including
all matters from which the individual shall be recused; and
``(B) the information relating to ethics agreements made
available under subsection (b)(19) is updated to reflect any
additional matters from which the individual shall be
recused.''.
(d) Reports to Congress.--Section 408 of the Ethics in Government
Act of 1978 (5 U.S.C. App.) is amended--
(1) by inserting ``(a)'' before ``The Director shall,'';
and
(2) by adding at the end the following:
``(b) Notwithstanding any other provision of law or any rule,
regulation, or policy directive, upon request by a committee or
subcommittee of Congress, the Director, or any employee of the Office
of Public Integrity designated by the Director, may transmit to the
committee or subcommittee, by report, testimony, or otherwise,
information and views on functions, responsibilities, or other matters
relating to the Office of Public Integrity, without review, clearance,
or approval by any other administrative authority.
``(c)(1) For each fiscal year, the Director may transmit a budget
estimate and request to Congress.
``(2) The President shall include in each budget submitted under
section 1105 of title 31, United States Code--
``(A) a separate statement of the budget estimate and
request prepared with the Director;
``(B) the amount requested by the President for the Office
of Public Integrity; and
``(C) 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 office.''.
(e) Definitions.--Title IV of the Ethics in Government Act of 1978
(5 U.S.C. App.) is amended by adding at the end the following:
``Sec. 409. Definitions.--For purposes of this title--
``(1) the term `agency' includes the Executive Office of
the President;
``(2) the term `head of an agency' includes the President
or a designee of the President, for purposes of applying this
title to the White House and the Executive Office of the
President; and
``(3) the term `laws or regulations relating to conflicts
of interest or other ethics issues' includes this Act, sections
203 through 209 of title 18, United States Code, the Stop
Trading on Congressional Knowledge Act of 2012 (Public Law 112-
105; 5 U.S.C. App., note to section 101 of Public Law 95-521),
any Executive order substantially concerning Government ethics,
any written ethics agreement or pledge signed by a Presidential
appointee, and any other relevant ethics statutes or
regulations.''.
(f) Provision of Financial Disclosures to the Office of Public
Integrity.--Section 103(j) of the Ethics in Government Act of 1978 (5
U.S.C. App.) is amended--
(1) in paragraph (1), by inserting ``and the Director of
the Office of Public Integrity'' after ``Official Conduct of
the House of Representatives''; and
(2) in paragraph (2), by inserting ``and the Director of
the Office of Public Integrity'' after ``Ethics of the
Senate''.
(g) Technical and Conforming Amendments.--
(1) Section 5314 of title 5, United States Code, is amended
by striking the item relating to the Director of the Office of
Government Ethics and inserting the following:
``Director of the Office of Public Integrity.''.
(2) Section 7302(a) of title 5, United States Code, is
amended by striking ``Government Ethics'' and inserting
``Public Integrity''.
(3) Section 7353(d)(1)(D) of title 5, United States Code,
is amended by striking ``Government Ethics'' and inserting
``Public Integrity''.
(4) Section 11(b)(1)(E) of the Inspector General Act of
1978 (5 U.S.C. App.) is amended by striking ``Government
Ethics'' and inserting ``Public Integrity''.
(5) Section 12(f) of the Federal Deposit Insurance Act (12
U.S.C. 1822(f)) is amended by striking ``Government Ethics''
each place it appears and inserting ``Public Integrity''.
(6) Section 152(g) of the Financial Stability Act of 2010
(12 U.S.C. 5342(g)) is amended by striking ``Government
Ethics'' and inserting ``Public Integrity''.
(7) Section 9(o)(12) of the Small Business Act (15 U.S.C.
638(o)(12)) is amended by striking ``Government Ethics'' and
inserting ``Public Integrity''.
(8) Section 207 of title 18, United States Code, is amended
by striking ``Government Ethics'' each place it appears and
inserting ``Public Integrity''.
(9) Section 208 of title 18, United States Code, is amended
by striking ``Government Ethics'' each place it appears and
inserting ``Public Integrity''.
(10) Section 1043(b) of the Internal Revenue Code of 1986
is amended by striking ``Government Ethics'' each place it
appears and inserting ``Public Integrity''.
(11) Section 594(j)(5) of title 28, United States Code, is
amended by striking ``Government Ethics'' and inserting
``Public Integrity''.
(12) Section 1353 of title 31, United States Code, is
amended by striking ``Government Ethics'' each place it appears
and inserting ``Public Integrity''.
(13) Section 2303(c) of title 41, United States Code, is
amended by striking ``Government Ethics'' and inserting
``Public Integrity''.
(14) Section 3(d)(3) of the Department of the Interior
Volunteer Recruitment Act of 2005 (43 U.S.C. 1475b(d)(3)) is
amended by striking ``Government Ethics'' and inserting
``Public Integrity''.
(15) Section 40122(d) of title 49, United States Code, is
amended by striking ``Government Ethics'' and inserting
``Public Integrity''.
(16) Section 102A of the National Security Act of 1947 (50
U.S.C. 3024) is amended by striking ``Government Ethics'' each
place it appears and inserting ``Public Integrity''.
(17) Section 12(g) of the Central Intelligence Agency Act
of 1949 (50 U.S.C. 3512(g)) is amended in the matter preceding
paragraph (1) by striking ``Government Ethics'' and inserting
``Public Integrity''.
SEC. 512. DESIGNATED AGENCY ETHICS OFFICIALS.
(a) In General.--Section 109(3) of the Ethics in Government Act of
1978 (5 U.S.C. App.) is amended to read as follows:
``(3) `designated agency ethics official' means an officer
or employee of an agency--
``(A) who is appointed and supervised by the head
of the agency, after consultation with the Director of
the Office of Public Integrity and the Inspector
General of the agency;
``(B) who may only be removed by the head of the
agency, after consultation with the Director of the
Office of Public Integrity and the Inspector General of
the agency;
``(C) has a permanent duty station in the same
physical building as the head of the agency employing
the officer or employee, unless the head of the agency
is the President;
``(D) is designated to administer the provisions of
this title within the agency, except as they pertain to
the head of the agency;
``(E) 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 agency;
``(F) who shall not, at any time or in any manner,
be prevented, inhibited, or prohibited by the head of
the agency from administering the provisions of this
title within the agency.''.
(b) Review by Director.--Section 111 of the Ethics in Government
Act of 1978 (5 U.S.C. App.) is amended--
(1) by inserting ``(a)'' before ``The provisions'';
(2) by inserting ``(subject to subsection (b))'' after
``designated agency ethics official''; and
(3) by adding at the end the following:
``(b)(1) A designated agency ethics official shall submit to the
Director of the Office of Public Integrity--
``(A) each significant determination (including any ethics
agreement, financial disclosure, recusal agreement, or
divestment 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 (including this title) for any individual serving
in a position--
``(i) on any level of the Executive Schedule under
subchapter II of chapter 53 of title 5, United States
Code;
``(ii) in the executive branch pursuant to an
appointment by the President, by and with the advice
and consent of the Senate; or
``(iii) in the Executive Office of the President;
``(B) 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 (including this title) that the Director requests
from the designated agency ethics official.
``(2) The Director of the Office of Public Integrity--
``(A) may review any determination received under paragraph
(1);
``(B) shall notify and advise the designated agency ethics
official if the Director determines that the determination
received under paragraph (1) does not comport with the laws or
regulations relating to conflicts of interest or other ethics
issues;
``(C) not later than 30 days after the notification and
advice under subparagraph (B), 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 issues; and
``(D) shall periodically audit a sample of determinations
received under paragraph (1).''.
(c) Authority To Recommend Discipline.--Section 111 of the Ethics
in Government Act of 1978 (5 U.S.C. App.), as amended by subsection
(b), is amended by adding at the end the following:
``(c)(1) If a designated agency ethics official has credible
evidence or reason to believe that an officer or employee of the agency
is violating, or has violated, any rule, regulation, or Executive order
relating to conflicts of interest or standards of conduct, the
designated agency ethics official may--
``(A) refer potential violations to the Inspector General
or the Director of the Office of Public Integrity; and
``(B) recommend that the head of the agency take a specific
disciplinary action (including dismissal).
``(2) 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 (1).''.
(d) Current DAEOs.--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--
(1) determined appropriate by the head of the agency
employing the designated agency ethics official; and
(2) after the date of enactment of this Act, the
individual--
(A) reports directly to the head of the agency
employing the designated agency ethics official; and
(B) may only be removed by the head of the agency,
after consultation with the Director of the Office of
Public Integrity and the Inspector General of the
agency.
Subtitle B--Inspectors General
SEC. 531. GENERAL SUPERVISION AND REMOVAL OF INSPECTORS GENERAL.
(a) In General.--The Inspector General Act of 1978 (5 U.S.C. App.)
is amended--
(1) in section 3--
(A) in subsection (a), by striking the second
sentence and inserting the following: ``Each Inspector
General shall report to and be under the general
supervision of the Director of the Office of Public
Integrity, and shall not report to, or be subject to
supervision by, any other officer of the establishment
involved.''; and
(B) in subsection (b)--
(i) in the first sentence--
(I) by inserting ``(1)'' before
``An Inspector General''; and
(II) by inserting ``for
inefficiency, neglect of duty, or
malfeasance in office'' before the
period at the end;
(ii) by striking the second sentence and
inserting the following: ``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 subsection.
If an Inspector General is removed from office,
is transferred to another position or location
within an establishment, or is placed on paid
or unpaid leave, the President shall
communicate in writing the reasons for any such
removal, leave placement, or transfer to both
Houses of Congress and to the Director of the
Office of Public Integrity not later than 30
days before the removal, leave placement, or
transfer.''; and
(iii) by adding at the end the following:
``(2)(A) In the event of a vacancy in the position of Inspector
General of an establishment of more than 210 days, 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 365 days.
``(B) If an Inspector General of an establishment is not appointed
during the 365-day period described in subparagraph (A), 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 365 days.
``(C) If an Inspector General of an establishment is not appointed
during the 365-day period described in subparagraph (B), 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 365 days.'';
(2) in section 8A(a), by inserting ``and the Director of
the Office of Public Integrity'' before the period at the end;
(3) in section 8B, by amending subsection (a) to read as
follows:
``(a) The Director of the Office of Public Integrity--
``(1) may delegate the authority specified in the second
sentence of section 3(a) to the Chairman or another member of
the Nuclear Regulatory Commission; and
``(2) may not delegate the authority specified in the
second sentence of section 3(a) to any other officer or
employee of the Nuclear Regulatory Commission.'';
(4) in section 8C, by amending subsection (a) to read as
follows:
``(a) Delegation.--The Director of the Office of Public Integrity--
``(1) may delegate the authority specified in the second
sentence of section 3(a) to the Chairperson or Vice Chairperson
of the Federal Deposit Insurance Corporation; and
``(2) may not delegate the authority specified in the
second sentence of section 3(a) to any other officer or
employee of the Federal Deposit Insurance Corporation.'';
(5) in section 8G--
(A) in subsection (a)--
(i) in paragraph (5), by striking ``and''
at the end;
(ii) in paragraph (6), by striking the
period at the end and inserting ``; and''; and
(iii) by adding at the end the following:
``(7) the term `Director' means the Director of the Office
of Public Integrity.'';
(B) in subsection (c), in the first sentence, by
inserting ``, after consulting with the Director,''
after ``head of the designated Federal entity'';
(C) in subsection (d)(1), by striking the first
sentence and inserting the following: ``Each Inspector
General shall report to and be under the general
supervision of the Director, and shall not report to,
or be subject to supervision by, any other officer or
employee of the designated Federal entity.''; and
(D) in subsection (e)--
(i) in paragraph (1), by inserting ``and
after consulting with the Director'' before the
period at the end; and
(ii) in paragraph (2), by inserting ``An
Inspector General may be removed from office by
the head of the designated Federal entity for
inefficiency, neglect of duty, or malfeasance
in office after the head of the designated
entity consults with the Director, or by the
President for inefficiency, neglect of duty, or
malfeasance in office.'' before ``If an
Inspector''; and
(6) in section 8M(b)(1)--
(A) in subparagraph (A), by striking ``and'' at the
end;
(B) in subparagraph (B)(iii)(II), by striking the
period at the end and inserting a semicolon; and
(C) by adding at the end the following:
``(C) ensure that, if any portion of a report
described in subparagraph (A) contains information that
is classified, sensitive, or otherwise prohibited from
disclosure by law, a redacted version of the report be
posted on the website of the Office of Inspector
General that does not contain the classified,
sensitive, or prohibited information;
``(D) ensure that, if an entire report described in
subparagraph (A) is classified, sensitive, or otherwise
prohibited from disclosure by law, the Inspector
General posts the title of the report, the date of
publication of the report, a general description of the
subject matter of the report, and a justification for
the report not to be posted on the website of the
Office of Inspector General; and
``(E) include on the website of the Office of
Inspector General a listing of each report described in
subparagraph (D) that is not posted on the website.''.
(b) Inspector General of the Central Intelligence Agency.--Section
17(b) of the Central Intelligence Agency Act of 1949 (50 U.S.C.
3517(b)) is amended--
(1) in paragraph (2), by inserting ``of the Office of
Public Integrity, who may delegate that authority to the
Director of the Agency'' before the period at the end; and
(2) in paragraph (6)--
(A) in the first sentence, by inserting ``for
inefficiency, neglect of duty, or malfeasance in
office'' before the period at the end; and
(B) by inserting after the first sentence the
following: ``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 paragraph.''.
(c) Inspector General of the Intelligence Community.--Section
103H(c) of the National Security Act of 1947 (50 U.S.C. 3033(c)) is
amended--
(1) in paragraph (3), by striking ``National Intelligence''
and inserting ``the Office of Public Integrity, who may
delegate that authority to the Director of National
Intelligence''; and
(2) in paragraph (4)--
(A) in the first sentence, by inserting ``for
inefficiency, neglect of duty, or malfeasance in
office'' before the period at the end; and
(B) by inserting after the first sentence the
following: ``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 paragraph.''.
(d) Inspector General of SIGAR.--Section 1229(e)(1) of the National
Defense Authorization Act for Fiscal Year 2008 (Public Law 110-181; 122
Stat. 379) is amended by striking ``the Secretary of State and the
Secretary of Defense'' and inserting ``the Director of the Office of
Public Integrity, who may delegate that authority to the Secretary of
State and the Secretary of Defense''.
(e) Inspector General of SIGTARP.--Section 121(b) of the Emergency
Economic Stabilization Act of 2008 (12 U.S.C. 5231(b)) is amended by
adding at the end the following:
``(7) The Special Inspector General shall report to and be under
the general supervision of the Director of the Office of Public
Integrity, who may delegate that authority to the Secretary.''.
(f) Conforming Amendments to Federal Vacancies Reform Act.--
Subchapter III of chapter 33 of title 5, United States Code, is
amended--
(1) in section 3345--
(A) in subsection (a), in the matter preceding
paragraph (1), by striking ``If'' and inserting
``Subject to subsection (d), if''; and
(B) by adding at the end the following:
``(d) After the date that is 210 days after the date on which a
vacancy in the office of the Inspector General of an agency described
in subsection (a) begins, the President may not exercise the authority
under this section with respect to that vacancy in the office of the
Inspector General.'';
(2) in section 3346--
(A) in subsection (a), in the matter preceding
paragraph (1), by inserting ``and subject to subsection
(d),'' after ``sickness,''; and
(B) by adding at the end the following:
``(d) A person serving as acting officer in the office of the
Inspector General of an agency under section 3345 may not serve in the
office after the date that is 210 days after the date on which the
vacancy in the office begins, without regard to whether a nomination to
the office has been submitted to, is pending in, has been rejected by,
has been withdrawn by the President from, or has been returned to the
President by the Senate.'';
(3) in section 3349(b), in the matter preceding paragraph
(1), by inserting ``, or, in the case of an Inspector General,
that an officer is serving after the end of the 210-day period
under section 3346(d),'' after ``3349a,''; and
(4) in section 3349a(b), in the matter preceding paragraph
(1), by striking ``With'' and inserting ``Except in the case of
an Inspector General, with''.
Subtitle C--Office of Congressional Ethics
SEC. 551. DEFINITIONS.
In this subtitle--
(1) the term ``applicable ethics committee'' means the
Select Committee on Ethics of the Senate (for Senators and
employees of the Senate) or the Committee on Ethics of the
House of Representatives (for Members of the House of
Representatives and employees of the House of Representatives);
(2) the term ``Board'' means the Congressional Ethics Board
established under section 553(a);
(3) the term ``employee of Congress'' means an employee of
the House of Representatives or an employee of the Senate;
(4) the term ``employee of the House of Representatives''
has the meaning given the term in section 101 of the
Congressional Accountability Act of 1995 (2 U.S.C. 1301) and
includes an elected or appointed officer of the House of
Representatives;
(5) the term ``employee of the Senate'' has the meaning
given the term in section 101 of the Congressional
Accountability Act of 1995 (2 U.S.C. 1301) and includes an
elected or appointed officer of the Senate; and
(6) the term ``Member'' means any Senator or Representative
in, or Delegate or Resident Commissioner to, the Congress.
SEC. 552. THE OFFICE OF CONGRESSIONAL ETHICS.
For the purpose of assisting the House of Representatives and the
Senate in carrying out the responsibilities under article I, section 5,
clause 2 of the Constitution of the United States (commonly referred to
as the ``Discipline Clause''), there is established an independent
office in the legislative branch to be known as the ``Office of
Congressional Ethics'' (referred to in this subtitle as the
``Office''), which shall be governed by the Congressional Ethics Board
established under section 553(a).
SEC. 553. ESTABLISHMENT OF THE BOARD OF THE OFFICE OF CONGRESSIONAL
ETHICS.
(a) Board.--
(1) Establishment of board.--The Office shall be governed
by a Congressional Ethics Board consisting of 9 members, of
whom--
(A) 2 shall be appointed by the President pro
tempore of the Senate;
(B) 2 shall be appointed by the Minority Leader of
the Senate;
(C) 2 shall be appointed by the Speaker of the
House of Representatives;
(D) 2 shall be appointed by the Minority Leader of
the House of Representatives; and
(E) 1 shall be appointed by agreement of the
President pro tempore of the Senate, the Minority
Leader of the Senate, the Speaker of the House of
Representatives, and the Minority Leader of the House
of Representatives, or by agreement of not less than 3
of those individuals.
(2) Qualifications of board members.--
(A) 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 education, training, or experience
in 1 or more of the legislative, judicial, regulatory,
professional ethics, legal, or academic fields.
(B) 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 Board.
(C) Citizenship.--Each member of the Board shall be
a United States citizen.
(D) Disqualifications.--No individual shall be
eligible for appointment to, or service on, the Board
who--
(i) has ever been registered, or required
to be registered, as a lobbyist under the
Lobbying Disclosure Act of 1995 (2 U.S.C. 1601
et seq.);
(ii) engages in, or is otherwise employed
in, lobbying of the Congress;
(iii) is registered or is required to be
registered as an agent of a foreign principal
under the Foreign Agents Registration Act of
1938 (22 U.S.C. 611 et seq.);
(iv) is, or has been in the 4 years
preceding the date of appointment, a Member,
employee of the Senate, or employee of the
House of Representatives;
(v) is an officer or employee of the
Federal Government;
(vi) during the 4 years preceding the date
of appointment, engaged in any significant
political activity (including being a candidate
for public office, fundraising for a candidate
for public office or a political party, or
serving as an officer or employee of a
political campaign or party); or
(vii) during the 4 years preceding the date
of appointment, served as a fiduciary or
personal attorney for an officer or employee of
the Federal Government, including any Member.
(3) Term and removal.--
(A) Length of term.--The term of a member of the
Board shall be for 2 Congresses.
(B) Term limits.--A member of the Board may not
serve during 4 consecutive Congresses.
(C) 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 Representatives.
(D) Vacancies.--Any vacancy on the Board shall be
filled for the unexpired portion of the term in the
same manner, and by the same appointing authority, as
the original appointment under paragraph (1).
(b) Chairperson and Vice Chairperson.--
(1) In general.--The members of the Board shall elect a
chairperson and a vice chairperson of the Board by a majority
vote. The chairperson and the vice chairperson shall serve a 1-
year term, and may be reelected for additional 1-year terms.
(2) Duties.--The chairperson of the Board shall preside at
the meetings of the Board, and the vice chairperson shall
preside in the absence or disability of the chairperson.
(c) Meetings.--
(1) Quorum.--A majority of the members of the Board shall
constitute a quorum, except that a lesser number of members may
hold hearings.
(2) Meetings.--The Board shall meet at the call of the
chairperson or the call of a majority of its members, pursuant
to the rules of the Board.
(3) Voting.--Except as otherwise specifically provided, a
majority vote of the Board under this subtitle shall require an
affirmative vote of 5 or more members.
(d) Compensation.--A member of the Board shall not be considered to
be an officer or employee of the House or Senate, but shall be
compensated at a rate equal to the daily equivalent of the minimum
annual rate of basic pay prescribed for GS-15 of the General Schedule
under section 5107 of title 5, United States Code, for each day
(including travel time) during which such member is engaged in the
performance of the duties of the Board.
(e) Duties of Board.--
(1) In general.--The Board shall--
(A) be the governing body of the Office, and
oversee the Office in the implementation of all duties
required under this subtitle; and
(B) review allegations of violations made against a
Member or employee of Congress through the review
process described in section 555(b).
(2) Hearings.--The Board may hold such hearings as are
necessary and may sit and act only in executive session at such
times and places, solicit such testimony, and receive such
relevant evidence, as may be necessary to carry out its duties.
(f) Financial Disclosure Reports.--
(1) 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 15 of each calendar year immediately following any
year in which the member served on the Board. 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 102 of
the Ethics in Government Act of 1978 (5 U.S.C. App.).
(2) Distribution of report.--The Secretary of the Senate
and the Clerk of the House of Representatives, working jointly,
shall--
(A) not later than 7 days after the date each
financial disclosure report under paragraph (1) is
filed, send a copy of each such report to the
applicable ethics committees; and
(B) annually print all such financial disclosure
reports as a document of Congress, and make the
document available to the public.
SEC. 554. DUTIES AND POWERS OF THE OFFICE AND THE BOARD.
(a) In General.--The Office is authorized--
(1) in accordance with section 555--
(A) to investigate any alleged violation, by a
Member or employee of Congress, of any ethics law
(including regulations), rule, 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 duties, or the discharge of the
responsibilities, of the Member or employee; and
(B) in any case where the Board determines, after
the investigation described in subparagraph (A), that
there is a reasonable basis to believe an alleged
violation of any ethics law, rule, or other standard of
conduct described in such subparagraph, to present the
alleged ethics violation and any material evidence to
the applicable ethics committee;
(2) to refer to appropriate Federal or State authorities,
including the Office of Public Integrity and the Department of
Justice as appropriate, any evidence of a violation by a Member
or employee of Congress of any law (including laws applicable
to the performance of the duties, or the discharge of the
responsibilities, of the Member or employee), which may have
been disclosed in an investigation by the Office, in accordance
with subsection (b);
(3) to provide advice and informal guidance to Members and
employees of Congress regarding any ethics law (including
regulations), rule, or other standard of conduct applicable to
such individuals in their official capacities, and develop and
carry out periodic educational briefings for Members and
employees of Congress on those laws, rules, and other
standards;
(4)(A) to give consideration to the request of any Member
or employee of Congress for a formal advisory opinion or other
formal ruling, subject to the approval of the applicable ethics
committee, with respect to the general propriety of any current
or proposed conduct of such Member or employee;
(B) to provide a formal advisory opinion or other formal
ruling, in accordance with subparagraph (A), in situations that
the Board determines appropriate; and
(C) subject to the requirement for approval by the
applicable ethics committee in accordance with subsection (c),
and with appropriate deletions to assure the privacy of the
individual concerned, to publish such opinion for the guidance
of other Members and employees of Congress;
(5) if the Office determines, during the course of any
investigation under this subtitle, that a lobbyist or lobbying
firm may be in noncompliance with the Lobbying Disclosure Act
of 1995 (2 U.S.C. 1601 et seq.)--
(A) to notify the United States Attorney for the
District of Columbia and the Director of the Office of
Public Integrity of the potential violation; and
(B) to notify the lobbyist or lobbying firm of such
determination, in writing;
(6) to provide informal guidance to lobbyists or lobbying
firms engaged in lobbying activity or lobbying contacts under
the Lobbying Disclosure Act of 1995 (2 U.S.C. 1601 et seq.) to
covered legislative branch officials (as defined in section 3
of such Act (2 U.S.C. 1602)) of their responsibilities under
such Act;
(7) to aid in the enforcement of ethics requirements for
Members or employees of Congress under this subtitle or any
other provision of law; and
(8) to administer the process for Members and employees of
Congress to seek and receive any waivers from any ethics law
(including regulations), rule, or other standard that applies
to Members and employees of Congress, subject to approval of
the applicable ethics committee.
(b) Referrals to Law Enforcement Officials.--
(1) In general.--Upon a majority vote of the Board, 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 officials,
which referral shall include all appropriate evidence gathered
during any review conducted under this subtitle.
(2) No approval required.--A referral under paragraph (1)
does not require the approval of either of the applicable
ethics committees.
(3) Notification.--The Board shall notify the Select
Committee on Ethics of the Senate or the Committee on Ethics of
the House of Representatives, and the Director of the Office of
Public Integrity of all referrals under this subsection.
(c) Advisory Opinions.--
(1) In general.--Upon a majority vote of the Board, 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 Congress, which
shall be submitted to each applicable ethics committee for
approval.
(2) Requirements for ethics committee review.--Each
applicable ethics committee may revise, overturn, dismiss, or
issue any recommended formal advisory opinions or
interpretations under paragraph (1) that is applicable to the
Members and employees of that House of Congress. A recommended
formal advisory opinion or interpretation under paragraph (1)
is only binding if issued by one of the applicable ethics
committees.
(3) Requirements.--Any applicable ethics committee decision
described in paragraph (2) shall be recorded and made publicly
available, and shall be accompanied by a written explanation
for that action. Dissenting members of the applicable ethics
committee are allowed to issue their own report detailing
reasons for disagreeing with the decision.
(d) Limitations on Review.--No review shall be undertaken by the
Board of any alleged violation of law, rule, regulation or standard of
conduct not in effect at the time of the alleged violation, nor shall
any review be undertaken by the Board of any alleged violation that
occurred before the date of enactment of this Act.
(e) Prohibition on Public Disclosure.--
(1) In general.--
(A) Required affirmation by members and staff.--
When an individual becomes a member of the Board or
employee of the Office, that individual shall execute
the following oath or affirmation in writing: ``I do
solemnly swear (or affirm) 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 Office, except as authorized by the Board by
majority vote as necessary to conduct official business
or pursuant to its rules.''. 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 Senate.
(B) Prohibition on public disclosure.--No testimony
received, or any other information obtained, by a
member of the Board or employee of the Office shall be
publicly disclosed to any person or entity outside the
Office, unless approved by a majority vote of the
Board. Any communication to any person or entity
outside the Office may occur only as authorized by the
Board.
(C) Procedures and investigation.--The Office shall
establish procedures necessary to prevent the
unauthorized disclosure of any information received by
the Office. Any breaches of confidentiality shall be
investigated by the Board and appropriate action shall
be taken.
(2) Provision with respect to office of public integrity or
ethics committees.--Paragraph (1) shall not preclude--
(A) any member of the Board or any employee of the
Office from presenting a report or findings of the
Board, or testifying before the Select Committee on
Ethics of the Senate or the Committee on Ethics of the
House of Representatives, if requested by either
committee pursuant to the rules of the committee;
(B) any necessary communication with the Office of
Public Integrity;
(C) any necessary communication with the Department
of Justice or any other law enforcement agency;
(D) any necessary communication with any members,
or employees, of the applicable ethics committee; or
(E) any necessary communication with the President
pro tempore of the Senate, Majority Leader of the
Senate, Minority Leader of the Senate, Speaker of the
House of Representatives, or Minority Leader of the
House of Representatives.
(3) 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 Congress, the Board shall
provide that individual the opportunity to present, orally or
in writing (at the discretion of the Board), a statement to the
Board.
(f) 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
Congress, it shall designate a member of the Board or employee to
present the report to such committee if requested by such committee.
(g) Maintaining of Financial Disclosure Reports.--The Office shall
receive, and maintain, a copy of each report filed under section 101 of
the Ethics in Government Act of 1978 (5 U.S.C. App.) by a Member or
employee of Congress.
(h) 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--
(1) to share any information necessary for the execution of
each office's respective duties and responsibilities, including
the copies of reports described in subsection (g);
(2) to ensure consistent interpretation and enforcement of
the Nation's ethics laws for executive and legislative branch
employees and officials; and
(3) to reduce and mitigate jurisdictional confusion.
(i) Investigative Authority.--In the course of an investigation
described in subsection (a)(1)(A), the Board may require by subpoena
the attendance of and testimony by witnesses and the production of any
book, check, canceled check, correspondence, communication, document,
email, papers, physical evidence, record, recording, tape, or other
material (including electronic records) relating to any matter or
question the Office is authorized to investigate from any individual or
entity.
SEC. 555. REVIEW PROCESS OF SUBMISSIONS.
(a) Source of Submissions.--
(1) Citizen submissions.--
(A) Citizen submissions.--Any citizen of the United
States, including a Member or employee of Congress, may
submit to the Office an allegation of a violation or
any material information regarding an alleged
violation, by a Member or employee of Congress of any
law (including any regulation), rule, or other standard
of conduct applicable to the conduct of such Member or
employee in the performance of the duties, or the
discharge of the responsibilities, of the Member or
employee, subject to subparagraph (B) and paragraph
(4).
(B) Ban on filing submissions prior to election.--
The Board may not accept citizen submissions regarding
the conduct of a Member filed in the--
(i) 30 days prior to a primary election for
which the Member in question is a candidate;
and
(ii) 60 days prior to a general election
for which the Member in question is a
candidate.
(2) 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 (including any regulation),
rule, or other standard of conduct applicable to the conduct of
such Member or employee in the performance of the duties, or
the discharge of the responsibilities, of the Member or
employee.
(3) False claims acknowledgment and statement.--Any
submission under paragraph (1) shall include a signed statement
acknowledging that the individual submitting the allegation or
material information understands that section 1001 of title 18,
United States Code (popularly known as the ``False Statements
Act''), applies to the allegation or information the individual
is submitting.
(4) Past frivolous charges.--The Board shall not accept any
submission under paragraph (1)(A) from an individual who has
previously violated section 1001 of title 18, United States
Code, with respect to this subtitle.
(5) Notification.--Upon receipt of a submission filed under
paragraph (1) or (2) that meets the requirements of this
subsection and that the Office determines contains a material
allegation of a violation, or material information, described
in paragraph (1)(A), the Office shall refer the submission to
the Board for consideration under the review process described
in subsection (b).
(b) Review Process of Alleged Violations by Members or Employees of
Congress.--
(1) Request.--After receiving a submission under subsection
(a)(5), 2 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
(including any regulation), rule, or other standard of conduct
applicable to the conduct of such Member or employee in the
performance of the duties, or the discharge of the
responsibilities, of the Member or employee, along with a brief
description of the specific matter.
(2) Preliminary review.--
(A) In general.--Not later than 7 business days
after receipt of an authorization statement from 2 or
more members of the Board under paragraph (1), the
Board shall--
(i) instruct the Office to initiate a
preliminary review of the alleged violation;
and
(ii) provide a written notification of the
commencement of the preliminary review,
including a statement of the nature of the
review, to--
(I) the applicable ethics
committee;
(II) any individual who is the
subject of the preliminary review; and
(III) the Director of the Office of
Public Integrity.
(B) Opportunity to terminate preliminary review.--
At any time, the Board may, by a majority vote,
terminate a preliminary review on any ground, including
that the matter under review is de minimis in nature.
If the Board votes to terminate the preliminary
review--
(i) the review process under this section
is completed and no further actions shall be
taken; and
(ii) the Board--
(I) shall notify, in writing, the
individual who was the subject of the
preliminary review, the Director of the
Office of Public Integrity, and the
applicable ethics committee, of its
decision to terminate the review of the
matter; and
(II) may, in any case where the
Board votes to terminate the
preliminary review, send a report,
including any findings of the Board, to
the applicable ethics committee and to
the Director of the Office of Public
Integrity.
(3) Second-phase review process.--
(A) Vote for second-phase review.--
(i) In general.--After the preliminary
review conducted under paragraph (2) is
completed, the Board shall vote on whether to
authorize a second-phase review of the matter
under consideration. If there is an affirmative
vote of 4 or more members of the Board to
authorize the second-phase review, the Board
shall authorize the second-phase review process
in accordance with subparagraph (B).
(ii) Termination of matter.--If a vote to
authorize a second-phase review under clause
(i) does not succeed, the review process under
this section shall be completed and no further
actions shall be taken.
(iii) Notification to parties.--The Board--
(I) shall notify, in writing, the
individual who was the subject of the
preliminary review, the Director of the
Office of Public Integrity, and the
applicable ethics committee, of its
decision to authorize a second-phase
review of the matter or to terminate
the review process; and
(II) may, in any case where the
Board decides to terminate the review
process of the violation under clause
(ii), send a report, including any
findings of the Board, to the
applicable ethics committee and to the
Director of the Office of Public
Integrity.
(B) Second-phase review.--In any case where a
second-phase review is required, the Board shall
authorize the Office to commence, and complete, a
second-phase review.
(C) Completion of second-phase review.--Upon the
completion of any second-phase review, the Board
shall--
(i) evaluate the review and determine,
based on a majority vote, whether--
(I) the applicable ethics committee
should dismiss the matter that was the
subject of such review, which may be
made on any ground, including that the
matter under review is de minimis in
nature;
(II) the matter requires further
review by the applicable ethics
committee; or
(III) the applicable ethics
committee should take action relating
to the matter, including any
recommendation for the disciplinary
action or sanctions that the committee
should take;
(ii) transmit to the applicable ethics
committee a written report that includes--
(I) a statement of the nature of
the review and the Member or employee
of Congress who is the subject of the
review, including any alleged
violations uncovered in either the
preliminary or second-phase review;
(II) any recommendations of the
Board based on votes conducted under
clause (i), 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 553(c)(3);
(III) a description of the number
of members voting in the affirmative
and in the negative for any action
described in clause (i);
(IV) any findings of the Board,
including--
(aa) any findings of fact;
(bb) a description of any
relevant information that the
Board was unable to obtain or
witnesses whom the Board was
unable to interview, and the
reasons therefor; and
(cc) a citation of any
relevant law, regulation, or
standard of conduct relating to
the violation; and
(V) any supporting documentation;
(iii) transmit to the individual who is the
subject of the second-phase review the written
report of the Board described in clause (ii);
(iv) transmit to the Director of the Office
of Public Integrity the written report of the
Board described in clause (ii), and may include
any recommendations for action by the Director
that the Board may recommend; and
(v) make public, on a website maintained by
the Office, the written report of the Board
described in clause (ii), 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 violation.
(D) Authority for reprimand.--Upon the completion
of any second-phase review, the Board--
(i) may, upon a majority vote, reprimand,
in writing, the alleged violator for potential
violations of the law;
(ii) in any case where a reprimand under
clause (i) is issued, shall provide a copy of
the reprimand to--
(I) the presiding officer of the
House of Congress in which the alleged
violator serves (if such individual is
a Member of Congress); or
(II) the alleged violator's
employer, if the individual is an
employee of Congress; and
(iii) may make the reprimand available to
the public.
(c) Requests From Applicable Ethics Committees.--
(1) In general.--Notwithstanding any other provision of
this subtitle, 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
committee, the Board shall refer such matter to the committee,
cease its preliminary or second-phase review, as applicable, of
that matter and so notify any individual who is the subject of
the review. In any such case, the Board shall send a written
report to the committee containing a statement that, upon the
request of that committee, the matter is referred to it for its
consideration. 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 agencies.
(2) Resumption of review.--If the applicable ethics
committee notifies the Board in writing that it is unable to
resolve any matter described in paragraph (1), the Board may
begin or continue, as the case may be, a second-phase review of
the matter in accordance with subsection (b)(3).
(d) Procedures.--
(1) Review powers.--Members of the Board or employees of
the Office may, during either an initial review or second-phase
review--
(A) administer oaths;
(B) require, by subpoena or otherwise, the
attendance and testimony of such witnesses and the
production of such books, records, correspondence,
accounts, memoranda, papers, documents, tapes, and
materials as the Board or the Office considers
advisable;
(C) take the deposition of witnesses; and
(D) conduct general audits of filings under the
Lobbying Disclosure Act of 1995 (2 U.S.C. 1601 et
seq.).
(2) Witnesses.--
(A) Witnesses.--Any witness interviewed as part of
a review under this section shall sign a statement
acknowledging that the witness understands that section
1001 of title 18, United States Code (popularly known
as the ``False Statements Act'') applies to the
testimony of the witness and to any documents the
witness provides.
(B) Payment.--Witnesses appearing before the Office
may be paid in the same manner as prescribed by clause
5 of rule XI of the Rules of the House of
Representatives, as in effect on the day before the
date of enactment of this Act.
(3) 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 party, 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 Board.
(4) Contempt of congress.--If a person disobeys or refuses
to comply with a subpoena, or if a witness refuses to testify
to a matter, the Board may recommend to the applicable ethics
committee that such person be held in contempt of Congress.
SEC. 556. PERSONNEL MATTERS.
(a) Compensation of Employees.--
(1) Appointment.--Upon a majority vote of the Board, the
Board may appoint and fix the compensation of such
professional, nonpartisan staff (including staff with relevant
experience in investigations and law enforcement) of the Office
as the Board considers necessary to perform its duties.
(2) Qualifications.--Each employee of the Office shall be
professional and demonstrably qualified for the position for
which the employee is hired.
(3) Staffing requirements.--
(A) In general.--The employees of the Office shall
be assembled and retained as a professional,
nonpartisan staff, and the Office as a whole, and each
individual employee, shall perform all official duties
in a nonpartisan manner.
(B) No partisan political activity.--No employee of
the Office shall engage in any partisan political
activity directly affecting any congressional or
Presidential election.
(C) 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 Board.
(b) Termination of Employees.--The employment of an employee of the
Office may be terminated during a Congress solely by a majority vote of
the Board.
(c) Reimbursements.--Members of the Board, and employees of the
Office, may be reimbursed for travel, subsistence, 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 Senate.
(d) Agreements for Members and Employees; Retention of Documents by
the Clerk.--
(1) 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 so, the individual shall execute
a signed document containing the following statement: ``I agree
not to be a candidate for the office of Senator or
Representative in, or Delegate or Resident Commissioner to, the
Congress for purposes of the Federal Election Campaign Act of
1971 until at least 4 years after I am no longer a member of
the Congressional Ethics Board or employee of the Office of
Congressional Ethics.''.
(2) 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 Senate. The Clerk and the
Secretary, working jointly, shall make the signatures a matter
of public record, causing the names of each individual who has
signed the document to be published in a portion of the
Congressional Record designed for that purpose, and make
cumulative lists of such names available on the websites of the
Clerk and the Secretary.
(e) Code of Conduct.--The Board--
(1) shall establish a code of conduct to govern the
behavior of the members of the Board and the employee of the
Office, which shall include the avoidance of conflicts of
interest; and
(2) may issue other rules as the Board determines necessary
to carry out the functions of the Board and the Office.
SEC. 557. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated to carry out this subtitle
such sums as may be necessary.
SEC. 558. CONFORMING AMENDMENTS AND RULES OF CONSTRUCTION.
(a) Conforming Amendments to the Ethics in Government Act of
1978.--Section 109(18) of the Ethics in Government Act of 1978 (5
U.S.C. App.) is amended--
(1) by redesignating subparagraphs (A) through (D), as
amended, as subparagraphs (B) through (E), respectively;
(2) by inserting before subparagraph (B), as redesignated
by paragraph (1) of this subsection, the following:
``(A) the Office of Congressional Ethics
established under section 552 of the Anti-Corruption
and Public Integrity Act, for Senators, Members of the
House of Representatives, officers and employees of the
Senate, and officers and employees of the House of
Representatives required to file financial disclosure
reports with the Secretary of the Senate pursuant to
section 103(h) of this title;'';
(3) in subparagraph (B) (as so redesignated), by striking
``Senators, officers and employees of the Senate, and other
officers or employees of the legislative branch'' and inserting
``officers or employees of the legislative branch not described
in subparagraph (A)''; and
(4) in subparagraph (C) (as so redesignated), by striking
``Members, 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 (A)''.
(b) Termination of the Office of Congressional Ethics of the House
of Representatives.--Beginning on the date on which all members of the
Board are appointed, the Office of Congressional Ethics of the House of
Representatives shall be eliminated and section 1 of H. Res. 895 (110th
Congress, March 11, 2008) shall cease to have any force or effect.
(c) Rulemaking Authority.--The provisions of this subtitle are
enacted--
(1) as an exercise of the rulemaking power of the Senate
and of the House of Representatives, and as such they shall be
considered as part of the rules of the Senate and the House,
respectively, and shall supersede other rules only to the
extent that they are inconsistent therewith; and
(2) with full recognition of the constitutional right of
the Senate and the House of Representatives to change such
rules at any time, in the same manner, and to the same extent
as in the case of any other rule of the Senate or House of
Representatives.
Subtitle D--Applicability
SEC. 571. APPLICABILITY.
This title and the amendments made by this title shall apply on and
after the date of enactment of this Act.
TITLE VI--TRANSPARENCY AND GOVERNMENT RECORDS
Subtitle A--Transparency for Federal Personnel and Candidates for
Federal Office
SEC. 601. CATEGORIES RELATING TO THE AMOUNT OR VALUE OF CERTAIN INCOME.
Section 102 of the Ethics in Government Act of 1978 (5 U.S.C. App.)
is amended--
(1) in subsection (a)--
(A) in paragraph (1)(B)--
(i) in the matter preceding clause (i), 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
following'';
(ii) by redesignating clauses (i) through
(iv) as subclauses (I) through (IV),
respectively, and adjusting the margin
accordingly;
(iii) by inserting before subclause (I), as
so redesignated, the following:
``(i) For items of income with an amount or
value of not more than $25,000, which of the
following categories the amount or value of
such item of income is within:'';
(iv) in clause (i)(III), as so designated,
by adding ``or'' at the end;
(v) in clause (i)(IV), as so designated, by
striking ``$15,000,'' and inserting
``$25,000.''; and
(vi) by striking clauses (v) through (ix)
and inserting the following:
``(ii) For items of income with an amount
or value of greater than $25,000, the amount or
value of the item of income, rounded as
follows:
``(I) For items of income with an
amount or value of greater than $25,000
but not more than $100,000, the amount
or value rounded to the nearest
$10,000.
``(II) For items of income with an
amount or value of greater than
$100,000 but not more than $1,000,000,
the amount or value rounded to the
nearest $100,000.
``(III) For items of income with an
amount or value of greater than
$1,000,000, the amount or value rounded
to the nearest $1,000,000.'';
(B) in paragraph (3), by striking ``category of
value'' and inserting ``value, in accordance with
subsection (d)(2),''; and
(C) in paragraph (4), in the matter preceding
subparagraph (A), by striking ``category of value'' and
inserting ``value, in accordance with subsection
(d)(2),''; and
(2) in subsection (d)--
(A) in paragraph (1), in the matter preceding
subparagraph (A), by striking ``(3), (4), (5), and
(8)'' and inserting ``(5) and (8)'';
(B) by redesignating paragraph (2) as paragraph
(3); and
(C) by inserting after paragraph (1) the following:
``(2) The amount or value of the items covered in paragraphs (3)
and (4) of subsection (a) shall be reported as follows:
``(A) For items with an amount or value of not more than
$25,000, which of the following categories the amount or value
of such item is within:
``(i) Not more than $15,000.
``(ii) Greater than $15,000 but not more than
$25,000.
``(B) For items with an amount or value of greater than
$25,000, the amount or value of the item, rounded as follows:
``(i) For items with an amount or value of greater
than $25,000 but not more than $100,000, the amount or
value rounded to the nearest $10,000.
``(ii) For items with an amount or value of greater
than $100,000 but not more than $1,000,000, the amount
or value rounded to the nearest $100,000.
``(iii) For items with an amount or value of
greater than $1,000,000, the amount or value rounded to
the nearest $1,000,000.''.
SEC. 602. DISCLOSURE OF PERSONAL INCOME TAX RETURNS BY PRESIDENTS, VICE
PRESIDENTS, MEMBERS OF CONGRESS, AND CERTAIN CANDIDATES.
(a) In General.--Title I of the Ethics in Government Act of 1978 (5
U.S.C. App.) is amended--
(1) by inserting after section 102 the following:
``SEC. 102A. DISCLOSURE OF PERSONAL INCOME TAX RETURNS BY PRESIDENTS,
VICE PRESIDENTS, MEMBERS OF CONGRESS, AND CERTAIN
CANDIDATES.
``(a) Definitions.--In this section--
``(1) the term `covered candidate' means an individual--
``(A) required to file a report under section
101(c); and
``(B) who is nominated by a major party as a
candidate for the office of President, Vice President,
or Member of Congress;
``(2) the term `covered individual' means--
``(A) a President, Vice President, or Member of
Congress required to file a report under subsection (a)
or (d) of section 101; and
``(B) an individual who occupies the office of the
President, Vice President, or a Member of Congress
required to file a report under section 101(e);
``(3) the term `income tax return' means, with respect to
any covered candidate or covered individual, any return (within
the meaning of section 6103(b) of the Internal Revenue Code of
1986) related to Federal income taxes, but does not include--
``(A) information returns issued to persons other
than such covered candidate or covered individual; and
``(B) declarations of estimated tax; and
``(4) the term `major party' has the meaning given the term
in section 9002 of the Internal Revenue Code of 1986.
``(b) Disclosure.--
``(1) Covered individuals.--
``(A) In general.--In addition to the information
described in subsections (a) and (b) of section 102, 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--
``(i) with respect to the President or Vice
President, the 8 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 filed; and
``(ii) with respect to a Member of
Congress, the 2 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 filed.
``(B) Failure to disclose.--If an income tax return
is not disclosed under subparagraph (A), 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 return.
``(C) 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 (a) and (b) of
section 102.
``(D) Redaction of certain information.--Before
making any income tax return submitted under this
paragraph available to the public, the Director of the
Office of Public Integrity shall redact such
information as the Director of the Office of Public
Integrity, in consultation with the Secretary of the
Treasury determines appropriate.
``(2) Candidates.--
``(A) In general.--Not later than 15 days after the
date on which a covered candidate is nominated, the
covered candidate shall amend the report filed by the
covered candidate under section 101(c) with the Federal
Election Commission to include a copy of the income tax
returns of the covered candidate for--
``(i) with respect to a candidate for
nomination or election to the office of
President or Vice President, the 8 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; and
``(ii) with respect to a candidate for
nomination or election to the office of Member
of Congress, the 2 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.
``(B) Failure to disclose.--If an income tax return
is not disclosed under subparagraph (A) 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 return.
``(C) 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 102(b).
``(D) Redaction of certain information.--Before
making any income tax return submitted under this
paragraph available to the public, the Federal Election
Commission shall redact such information as the Federal
Election Commission, in consultation with the Secretary
of the Treasury and the Director of the Office of
Public Integrity, determines appropriate.
``(3) Special rule for sitting presidents.--Not later than
30 days after the date of enactment of this section, the
President shall submit to the Director of the Office of Public
Integrity a copy of the income tax returns described in
paragraph (1)(A)(i).''; and
(2) in section 104--
(A) in subsection (a)--
(i) in paragraph (1), in the first
sentence, by inserting ``, 102B, or 102C, 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 102A, 102B, or 102C'' before the
period; and
(ii) in paragraph (2)(A)--
(I) in clause (i), by inserting
``102B, or 102C, or falsify any income
tax return that such person is required
to disclose under section 102A, 102B,
or 102C'' before the semicolon; and
(II) in clause (ii), by inserting
``102B, or 102C, or fail to file any
income tax return that such person is
required to disclosed under section
102A, 102B, or 102C'' before the
period;
(B) in subsection (b), 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 102A, 102B, or 102C'' before
the period;
(C) in subsection (c), by inserting ``or failing to
file or falsifying an income tax return required to be
disclosed under section 102A, 102B, or 102C'' before
the period; and
(D) in subsection (d)(1)--
(i) in the matter preceding subparagraph
(A), by inserting ``or files an income tax
return required to be disclosed under section
102A, 102B, or 102C'' after ``title''; and
(ii) in subparagraph (A), by inserting ``or
such income tax return, as applicable,'' after
``report''.
(b) Authority To Disclose Information.--
(1) In general.--Section 6103(l) of the Internal Revenue
Code of 1986 is amended by adding at the end the following new
paragraph:
``(23) Disclosure of return information of presidents, vice
presidents, members of congress, and certain candidates.--
``(A) Disclosure of returns of presidents, vice
presidents, and members of congress.--
``(i) In general.--The Secretary shall,
upon written request from the Director of the
Office of Public Integrity pursuant to section
102A(b)(1)(B) of the Ethics in Government Act
of 1978, provide to officers and employees of
the Office of Public Integrity a copy of any
income tax return of any President, Vice
President, or Member of Congress that is
required to be filed under section 102A(b)(1)
of such Act.
``(ii) Disclosure to public.--The Director
of the Office of Public Integrity may disclose
to the public any income tax return of any
President, Vice President, and Member of
Congress that is required to be filed with the
Director of the Office of Public Integrity
pursuant to section 102A(b)(1) of the Ethics in
Government Act of 1978.
``(B) Disclosure of returns of certain candidates
for president, vice president, and members of
congress.--
``(i) In general.--The Secretary shall,
upon written request from the Chairman of the
Federal Election Commission pursuant to section
102A(b)(2)(B) of the Ethics in Government Act
of 1978, provide to officers and employees of
the Federal Election Commission copies of the
applicable returns of any covered candidate (as
defined in section 102A(a) of such Act).
``(ii) Disclosure to public.--The Federal
Election Commission may disclose to the public
any applicable return of any covered candidate
(as defined in section 102A(a) of such Act)
that is required to be filed with the
Commission pursuant to section 102A(b)(2) of
the Ethics in Government Act.
``(iii) Applicable returns.--For purposes
of this paragraph, the term `applicable
returns' means--
``(I) with respect to any covered
candidate for the office of President
or Vice President, income tax returns
for the 8 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 nomination; and
``(II) with respect to any covered
candidate for the office of Member of
Congress, income tax returns for the 2
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
nomination.''.
(2) Conforming amendments.--Section 6103(p)(4) of such
Code, in the matter preceding subparagraph (A) and in
subparagraph (F)(ii), is amended by striking ``or (22)'' and
inserting ``(22), or (23)'' each place it appears.
SEC. 603. TRANSPARENCY RELATING TO CANDIDATES FOR FEDERAL OFFICE AND
MEMBERS OF CONGRESS.
(a) In General.--Title I of the Ethics in Government Act of 1978 (5
U.S.C. App.) is amended by inserting after section 102A, as added by
section 602 of this Act, the following:
``SEC. 102B. DISCLOSURE RELATING TO COVERED ENTITIES ASSOCIATED WITH
MEMBERS OF CONGRESS AND COVERED CANDIDATES.
``(a) Definitions.--In this section--
``(1) the term `close family member', with respect to a
reporting individual, includes--
``(A) a parent of the reporting individual;
``(B) a spouse of the reporting individual; and
``(C) an adult child of the reporting individual;
``(2) the term `covered candidate' has the meaning given
the term in section 102A(a);
``(3) the term `covered entity' means a corporation,
company, firm, partnership, or other business enterprise;
``(4) the term `gross receipts' has the meaning given the
term in section 993(f) of the Internal Revenue Code of 1986;
``(5) the term `income tax return' has the meaning given
the term in section 102A(a);
``(6) the term `Member of Congress' means--
``(A) a Member of Congress required to file a
report under subsection (a) or (d) of section 101; and
``(B) an individual who occupies the office of
Member of Congress and is required to file a report
under section 101(e); and
``(7) the term `reporting individual' means--
``(A) a covered candidate; or
``(B) a Member of Congress.
``(b) Disclosure.--
``(1) Members of congress.--
``(A) In general.--On and after the date that is
180 days after the date on which the Director of the
Office of Public Integrity, in consultation with the
Federal Election Commission, promulgates regulations
under paragraph (3), in addition to the information
described in subsections (a) and (b) of section 102, a
Member of Congress shall include in each report
required to be filed under this title, with respect to
the 2 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--
``(i) a statement of the name of any
covered entity--
``(I) in which the Member of
Congress has a significant direct or
indirect ownership interest; and
``(II) that has gross receipts that
meet or exceed the threshold value
established by regulations promulgated
pursuant to paragraph (3);
``(ii) a copy of any income tax return
filed by a covered entity described in clause
(i) for any taxable year ending with or within
such years; and
``(iii) in the case of a covered entity
described in clause (i) that is a privately
owned or closely held covered entity, a
statement of--
``(I) each--
``(aa) asset of the covered
entity; and
``(bb) liability of the
covered entity;
``(II) all--
``(aa) income from sources
within the United States, as
described in section 861 of the
Internal Revenue Code of 1986;
and
``(bb) income from sources
without the United States, as
described in section 862 of the
Internal Revenue Code of 1986;
``(III) the name of each co-owner
or co-member of the covered entity; and
``(IV) for any co-owner or co-
member described in subclause (III)
that is not a natural person, the name
of each natural person that controls,
directly or indirectly, the co-owner or
co-member.
``(B) Close family members.--In addition to the
information described in subparagraph (A), the Director
of the Office of Public Integrity may, on a case-by-
case basis and in accordance with the regulations
promulgated under paragraph (3), 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 (A) with respect
to any covered entity--
``(i) in which a close family member of the
Member of Congress has a significant direct or
indirect ownership interest; and
``(ii) that has gross receipts that meet or
exceed the threshold value established by
regulations promulgated pursuant to paragraph
(3).
``(C) Failure to disclose.--If an income tax return
is not disclosed under subparagraph (A)(ii), 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 return.
``(D) Publicly available.--All information,
including any income tax return, 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 (a) and (b) of section 102.
``(E) Redaction of certain information.--
``(i) In general.--Before making any
information, including any income tax return,
described in this paragraph required to be
included in a report under this title available
to the public, the Director of the Office of
Public Integrity shall redact--
``(I) 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 pertains, the
information relating to the trade
secret; and
``(II) such information as the
Director of the Office of Public
Integrity, in consultation with the
Secretary of the Treasury, determines
appropriate.
``(ii) Request for redaction.--A Member of
Congress submitting a report under this title
that contains information, including any income
tax return, described in this paragraph that
contains a trade secret described in clause
(i)(I) may request that the Director of the
Office of Public Integrity redact the
information relating to the trade secret.
``(2) Candidates.--
``(A) In general.--On and after the date that is
180 days after the date on which the Director of the
Office of Public Integrity, in consultation with the
Federal Election Commission, promulgates regulations
under paragraph (3), not later than 15 days after the
date on which a covered candidate is nominated, the
covered candidate shall amend the report filed by the
covered candidate under section 101(c) with the Federal
Election Commission to include, with respect to the
years described in subparagraph (B)--
``(i) a statement of the name of any
covered entity--
``(I) in which the covered
candidate has a significant direct or
indirect ownership interest; and
``(II) that has gross receipts that
meet or exceed the threshold value
established by regulations promulgated
pursuant to paragraph (3);
``(ii) a copy of any income tax return
filed by a covered entity described in clause
(i) for any taxable year ending with or within
such years; and
``(iii) in the case of a covered entity
described in clause (i) that is a privately
owned or closely held covered entity, a
statement of--
``(I) each--
``(aa) asset of the covered
entity; and
``(bb) liability of the
covered entity;
``(II) all--
``(aa) income from sources
within the United States, as
described in section 861 of the
Internal Revenue Code of 1986;
and
``(bb) income from sources
without the United States, as
described in section 862 of the
Internal Revenue Code of 1986;
``(III) the name of each co-owner
or co-member of the covered entity; and
``(IV) for any co-owner or co-
member described in subclause (III)
that is not a natural person, the name
of each natural person that controls,
directly or indirectly, the co-owner or
co-member.
``(B) Applicable years.--The years described in
this subparagraph are as follows:
``(i) In the case of a report filed under
section 101(c) by a covered candidate for the
office of President or Vice President, the 8
years preceding the date on which the report is
filed.
``(ii) In the case of a report filed under
section 101(c) by a covered candidate for the
office of Member of Congress, the 2 years
preceding the date on which the report is
filed.
``(C) Close family members.--In addition to the
information described in subparagraph (A), the Federal
Election Commission may, on a case-by-case basis and in
accordance with the regulations promulgated under
paragraph (3), require that a covered candidate include
in each report required to be filed under section
101(c) by the covered candidate the information
described in subparagraph (A) with respect to any
covered entity--
``(i) in which a close family member of the
covered candidate has a significant direct or
indirect ownership interest; and
``(ii) that has gross receipts that meet or
exceed the threshold value established by
regulations promulgated pursuant to paragraph
(3).
``(D) Failure to disclose.--If an income tax return
is not disclosed under subparagraph (A)(ii), 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
return.
``(E) Publicly available.--All information,
including any income tax return, described in this
subsection required to be included in a report under
section 101(c) shall be filed with the Federal Election
Commission and made publicly available in the same
manner as the information described in subsections (a)
and (b) of section 102.
``(F) Redaction of certain information.--
``(i) In general.--Before making any
information, including any income tax return,
described in this paragraph required to be
included in a report under section 101(c)
available to the public, the Federal Election
Commission shall redact--
``(I) 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 pertains, the
information relating to the trade
secret; and
``(II) such information as the
Federal Election Commission, in
consultation with the Secretary of the
Treasury, determines appropriate.
``(ii) Request for redaction.--A covered
candidate submitting a report under section
101(c) that contains information, including any
income tax return, described in this paragraph
that contains a trade secret described in
clause (i)(I) may request that the Federal
Election Commission redact the information
relating to the trade secret.
``(3) Regulations.--Not later than 120 days after the date
of enactment of this section, the Director of the Office of
Public Integrity shall, in consultation with the Federal
Elections Commission, promulgate regulations to--
``(A) establish each threshold value for purposes
of--
``(i) subparagraphs (A)(i)(II) and (B)(ii)
of paragraph (1); and
``(ii) subparagraphs (A)(i)(II) and (C)(ii)
of paragraph (2);
``(B) define the term `significant direct or
indirect interest';
``(C) ensure that information described in this
subsection that is required to be contained in a report
filed under this title does not--
``(i) disclose any trade secret that is
likely to cause substantial harm to the
competitive position of the covered entity to
which it pertains; or
``(ii) violate the privacy of any
individual who is not the reporting individual
who files the report; and
``(D) prescribe appropriate circumstances in which
to require a Member of Congress or covered candidate to
provide information under paragraph (1)(B) or (2)(C).
``SEC. 102C. DISCLOSURE RELATING TO COVERED ORGANIZATIONS ASSOCIATED
WITH COVERED CANDIDATES.
``(a) Definitions.--In this section--
``(1) the term `covered candidate' has the meaning given
the term in section 102A(a);
``(2) the term `covered organization' means an organization
required to--
``(A) file an income tax return under section 6033
of the Internal Revenue Code of 1986; and
``(B) include information under subsection (e)
thereof;
``(3) the term `income tax return' has the meaning given
the term in section 102A(a); and
``(4) the term `key employee' means--
``(A) an individual who is 1 of the 5 individuals
receiving the highest amount of compensation paid by a
covered organization; or
``(B) an individual receiving compensation paid by
a covered organization in an amount that exceeds
$100,000.
``(b) Disclosure.--
``(1) In general.--Not later than 15 days after the date on
which a covered candidate is nominated, the covered candidate
shall amend the report filed by the covered candidate under
section 101(c) with the Federal Election Commission to
include--
``(A) a statement identifying each covered
organization of which the covered candidate has been an
officer, director, trustee, board member, or key
employee during the 2 years preceding the date on which
the report is filed; and
``(B) for each covered organization identified
under subparagraph (A), a copy of each income tax
return required to be filed by the covered organization
under section 6033 of the Internal Revenue Code of 1986
for each taxable year ending with or within any taxable
years described in subparagraph (A) in which the
covered candidate was an officer, director, trustee,
board member, or key employee of the covered
organization.
``(2) Failure to disclose.--If an income tax return is not
disclosed under paragraph (1)(B), 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 return.
``(3) Publicly available.--
``(A) In general.--All information, including any
income tax return, described in this subsection
required to be included in a report under section
101(c) shall be filed with the Federal Election
Commission and made publicly available in the same
manner as the information described in section 102(b).
``(B) Income tax returns.--The Director of the
Office of Public Integrity shall make a copy of each
income tax return described in paragraph (1)(B)
included in a report filed under section 101(c)
publicly available on the website described in section
402(b)(19) until--
``(i) the date on which the reporting
individual ceases to be a covered candidate; or
``(ii) if the reporting individual is
elected to the office for which the reporting
individual was a covered candidate, the date on
which the reporting individual ceases to serve
in the office for which the reporting
individual was a covered candidate.
``(4) Redaction.--Before making any information, including
any income tax return, described in this subsection required to
be included in a report under section 101(c) available to the
public, the Federal Election Commission shall redact such
information as the Federal Election Commission, in consultation
with the Secretary of the Treasury and the Director of the
Office of Public Integrity, determines appropriate.''.
(b) Authority To Disclose Information.--Paragraph (23) of section
6103(l) of the Internal Revenue Code of 1986, as added by section 602,
is amended by adding at the end the following new subparagraphs:
``(C) Disclosure of returns of covered entities
associated with members of congress and covered
candidates.--
``(i) In general.--
``(I) Covered entities associated
with members of congress.--The
Secretary shall, upon written request
from the Director of the Office of
Public Integrity pursuant to section
102B(b)(1)(C) of the Ethics in
Government Act of 1978 provide to
officers and employees of the Office of
Public Integrity a copy of any income
tax return of a covered entity (as
defined in section 102B(a) of such Act)
that relates to a year described in
section 102B(b)(1)(A) of such Act and
is required to be filed under section
102B(b) of such Act.
``(II) Covered entities associated
with covered candidates.--The Secretary
shall, upon written request from the
Chairman of the Federal Election
Commission pursuant to section
102B(b)(2)(D) of the Ethics in
Government Act of 1978 provide to
officers and employees of the Federal
Election Commission a copy of any
income tax return of a covered entity
(as defined in section 102B(a) of such
Act) that relates to a year described
in section 102B(b)(2)(B) of such Act
and is required to be filed under
section 102B(b) of such Act.
``(ii) 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 (as so defined) that is
required to be filed pursuant to section
102B(b) of the Ethics in Government Act of
1978.
``(D) Disclosure of returns of covered
organizations associated with covered candidates.--
``(i) In general.--The Secretary shall,
upon written request from the Chairman of the
Federal Election Commission pursuant to section
102C(b)(2) of the Ethics in Government Act of
1978, provide to officers and employees of the
Federal Election Commission copies of any
income tax return required to be filed under
section 6033 by an organization described in
clause (iii) for any taxable year ending with
or within the period described in section
102C(b)(1)(B) of such Act.
``(ii) Disclosure to public.--The Federal
Election Commission may disclose to the public
income tax returns of any organization
described in clause (iii) that is required to
be filed with the Commission pursuant to
section 102C(b) of the Ethics in Government Act
of 1978.
``(iii) Organization described.--An
organization is described in this clause if
such organization is a covered organization (as
defined in section 102C(a) of the Ethics in
Government Act of 1978) of which a person who
has been nominated as a covered candidate (as
defined in section 102A(a) of such Act) has
been an officer, director, trustee, board
member, or key employee (as defined in section
102C(a) of such Act) during the period
described in section 102C(b)(1)(A) of such
Act.''.
(c) Provision of Financial Disclosures to the Federal Election
Commission.--Section 103(j) of the Ethics in Government Act of 1978 (5
U.S.C. App.) is amended--
(1) in paragraph (1), by adding at the end the following:
``In the case of a report filed under this title with the Clerk
of the House of Representatives by a covered candidate, as
defined in section 102A(a), a copy of the report shall also be
sent by the Clerk to the Federal Election Commission within the
7-day period beginning on the day the report is filed.''; and
(2) in paragraph (2), by adding at the end the following:
``In the case of a report filed under this title with the
Secretary of the Senate by a covered candidate, as defined in
section 102A(a), a copy of the report shall also be sent by the
Secretary to the Federal Election Commission within the 7-day
period beginning on the day the report is filed.''.
Subtitle B--Think Tank, Nonprofit, and Advocate Transparency
SEC. 611. AMENDMENTS TO THE LOBBYING DISCLOSURE ACT OF 1995.
(a) Enforcement Report.--Section 6(b) of the Lobbying Disclosure
Act of 1995 (2 U.S.C. 1605(b)) is amended--
(1) by striking paragraph (1) and inserting the following:
``(1) Reports.--
``(A) In general.--Subject to subparagraph (B),
after the end of each semiannual period beginning on
January 1 and July 1, the Attorney General, in
consultation with the Director of the Office of Public
Integrity, shall submit to each congressional committee
referred to in paragraph (2) a report that includes,
for that semiannual period a statement of--
``(i) the aggregate number of enforcement
actions taken by the Department of Justice
under this Act; and
``(ii) by case, any sentence or fine
imposed in each such enforcement action.
``(B) Information not already a matter of public
record.--A report submitted under subparagraph (A) may
not include the name of any individual, or any
personally identifiable information, that is not
already a matter of public record, as of the date on
which the report is submitted.''; and
(2) in paragraph (2)--
(A) by striking ``paragraph (1)'' and inserting
``paragraph (1)(A)''; and
(B) by inserting ``and the Committee on Oversight
and Government Reform'' after ``Committee on the
Judiciary''.
(b) Reports by Think Tank, Nonprofit, and Advocacy Groups.--The
Lobbying Disclosure Act of 1995 (2 U.S.C. 1601 et seq.) is amended--
(1) by redesignating sections 6 through 28 (2 U.S.C. 1605
et seq.), as amended by title II of this Act, as sections 7
through 29, respectively; and
(2) by inserting after section 5 (2 U.S.C. 1604) the
following:
``SEC. 6. REPORTS BY THINK TANK, NONPROFIT, AND ADVOCACY GROUPS.
``(a) Definition.--In this section--
``(1) the term `covered organization' means any
organization--
``(A) that is described in paragraph (3), (4), or
(6) of section 501(c) of the Internal Revenue Code of
1986 and exempt from tax under section 501(a) of such
Code; and
``(B) that--
``(i) engages in lobbying activities; or
``(ii) is a client; and
``(2) the term `covered product' means any communication
that is--
``(A) made to a covered legislative branch official
or covered executive branch official in the course of
any lobbying contact by, or on behalf of, a covered
organization;
``(B) testimony--
``(i) given by, or on behalf of, a covered
organization before a committee, subcommittee,
or task force of Congress; or
``(ii) submitted by, or on behalf of, a
covered organization for inclusion in the
public record of a hearing conducted by such
committee, subcommittee, or task force; or
``(C) made by, or on behalf of, a covered
organization in response to a notice in the Federal
Register, Commerce Business Daily, or other similar
publication soliciting communications from the public
and directed to the agency official specifically
designated in the notice to receive such
communications.
``(b) Reports.--Not later than 1 year after the date of enactment
of this section, and not later than January 30th of each year
thereafter, or on the first business day after January 30th if January
30th is not a business day, each covered organization shall submit to
the Director of the Office of Public Integrity a report for the
preceding calendar year that includes, with respect to each covered
product made or given by, or on behalf of, the covered organization
during that year--
``(1) the name of each donor who donated any amount that
was--
``(A) used to pay the cost of making or giving the
covered product; and
``(B) donated with the intention of supporting any
lobbying activity by the covered organization; and
``(2) a statement of whether, before the date on which the
covered product was made or given, any existing or potential
donor to the covered organization previewed, commented on,
reviewed, or edited the covered product.
``(c) Disclosure.--The information required to be submitted with
respect to a covered product under subsection (b)(2) shall be included
on or with that covered product.''.
(c) Technical and Conforming Amendment.--Section 25(b) of the
Lobbying Disclosure Act of 1995, as so redesignated, is amended, in the
matter preceding paragraph (1), by striking ``9, 10, 11, and 12'' and
inserting ``10, 11, 12, and 13''.
SEC. 612. AMENDMENTS TO THE INTERNAL REVENUE CODE OF 1986.
(a) Inclusion of Lobbying Information on Annual Returns of
Charitable Organizations.--Section 6033(b)(5) of the Internal Revenue
Code of 1986 is amended--
(1) by striking ``and'' before ``the names''; and
(2) by inserting ``and, if it engages in lobbying
activities (as defined in section 3 of the Lobbying Disclosure
Act of 1995) or is a client (as defined in such section), a
statement of whether any such contribution was intended to
support any lobbying activity (as so defined) or lobbying
contact (as defined in such section) by or on behalf of it,
and, if so, a description of such lobbying activity or lobbying
contact'' after ``substantial contributors,''.
(b) 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 1 year after the date of the enactment of this
Act.
Subtitle C--Strengthening FOIA Enforcement
SEC. 621. STRENGTHENING FOIA ENFORCEMENT.
(a) In General.--Section 552 of title 5, United States Code
(commonly known as the ``Freedom of Information Act'') is amended--
(1) in subsection (a)--
(A) in paragraph (4)--
(i) in subparagraph (B), in the first
sentence--
(I) by striking ``and to order''
and inserting ``, to order''; and
(II) by inserting before the period
at the end the following: ``, to order
an agency to make available for public
inspection, including by posting
electronically, the records described
in paragraph (2), to make available to
the public on the website of the agency
the records described in subsection
(p), and to award other appropriate
equitable relief''; and
(ii) in subparagraph (F)(i), in the first
sentence--
(I) by inserting ``, orders an
agency to make available for public
inspection, including by posting
electronically, the records described
in paragraph (2), or orders an agency
to make available to the public on the
website of the agency the records
described in subsection (p),'' after
``improperly withheld from the
complainant''; and
(II) by inserting ``or
unavailability of records'' after ``the
withholding'' each place that term
appears; and
(B) in paragraph (6), by adding at the end the
following:
``(G)(i) Notwithstanding any determination made under
subparagraph (A)(i), or any appeal to such a determination
under subparagraph (A)(ii), the Office of Government
Information Services established under subsection (h) shall
require an agency to comply with a request for records made
under paragraph (1), (2), or (3), or any other requirement of
this subsection, if the Office determines that the agency has
not reasonably and impartially complied with the requirements
of this subsection.
``(ii) If the Office makes a determination under clause (i)
that an agency has not reasonably or impartially complied with
a request for records made under paragraph (1), (2), or (3), or
any other requirement of this subsection, and requires the
agency to comply with that request or requirement, 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 agency.
``(iii) Nothing in clause (i) or (ii) shall be construed to
prevent or restrict the ability of an individual to bring a
suit to compel the disclosure of records under this section.'';
(2) in subsection (d), by inserting ``any Member of''
before ``Congress'';
(3) in subsection (h)(3)--
(A) by inserting ``(A)'' before ``The Office''; and
(B) by adding at the end the following:
``(B) The Director of the Office of Public Integrity, or a
designee of the Director, 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 (A).'';
and
(4) by adding at the end the following:
``(n) Each agency shall maintain and make available through a
single website, which may be the website described in subsection (m)
and shall be managed by the Office of Public Integrity, an agency
record database that--
``(1) contains a log of the status of each open request for
records from the agency under this section; and
``(2) makes each request for records under this section
with which the agency complies available in a format that is
searchable, sortable, machine readable, and downloadable not
later than 60 days after the date on which the request is first
received by the agency.''.
SEC. 622. EXEMPTIONS FROM DISCLOSURE.
(a) In General.--Section 552(b) of title 5, United States Code, is
amended--
(1) in paragraph (3)(B), by inserting ``with an explanation
for the exemption'' after ``specifically cites to this
paragraph'';
(2) in paragraph (4), by inserting before the semicolon at
the end the following: ``, 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 obtained'';
(3) in paragraph (5)--
(A) by striking ``provided that the deliberative
process privilege shall not apply to records created 25
years or more before the date on which the records were
requested'' and inserting ``and excluding--
``(A) any opinion that is a controlling interpretation of
law;
``(B) any final report or memorandum created by an entity
other than the agency, including other Governmental entities,
at the request of the agency and used to make a final policy
decision;
``(C) any guidance document used by the agency to respond
to the public; and
``(D) any record created not less than 25 years before the
date on which the records were requested'';
(4) in paragraph (6), by striking ``similar files'' and
inserting ``personal information, such as personal contact
information or personal financial information,'';
(5) in paragraph (7)--
(A) in subparagraph (E)--
(i) by inserting a comma before ``if
such''; and
(ii) by inserting ``and the record or
information was created less than 25 years
before the date on which the records were
requested'' after ``circumvention of the law'';
and
(B) by adding ``or'' at the end;
(6) by striking paragraph (8);
(7) by redesignating paragraph (9) as paragraph (8); and
(8) in the flush text following paragraph (8), as so
redesignated--
(A) by inserting before ``Any reasonably segregable
portion'' the following: ``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 exemption, or if disclosure is prohibited by law.'';
and
(B) by inserting before ``If technically
feasible,'' the following: ``For each record withheld
in whole or in part under paragraph (3), the agency
shall identify the statute that exempts the record from
disclosure.''.
(b) Technical and Conforming Amendments.--
(1) Energy policy and conservation act.--Section
254(a)(2)(A) of the Energy Policy and Conservation Act (42
U.S.C. 6274(a)(2)(A)) is amended by striking ``(b)(9)'' and
inserting ``(b)(8)''.
(2) Federal credit union act.--Section 216(j)(3)(A) of the
Federal Credit Union Act (12 U.S.C. 1790d(j)(3)(A)) is
amended--
(A) by striking ``; or'' and all that follows and
inserting a period; and
(B) by striking ``excising'' and all that follows
through ``any portion'' and inserting ``excising any
portion''.
(3) Securities exchange act of 1934.--Section 24 of the
Securities Exchange Act of 1934 (15 U.S.C. 78x) is amended--
(A) in subsection (d), by striking ``(g)'' and
inserting ``(f)'';
(B) by striking subsection (e); and
(C) by redesignating subsections (f) and (g) as
subsections (e) and (f), respectively.
SEC. 623. PUBLIC INTEREST BALANCING TEST.
Section 552 of title 5, United States Code (commonly known as the
``Freedom of Information Act''), as amended by this subtitle, is
amended--
(1) in subsection (b), in the matter preceding paragraph
(1), by striking ``This section'' and inserting ``Subject to
subsection (o), this section''; and
(2) by adding at the end the following:
``(o)(1) Notwithstanding the applicability of an exemption from
disclosure under subsection (b), 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 exemption.
``(2) In evaluating the public interest in disclosing a record or a
portion of a record under paragraph (1), an agency and courts shall
consider--
``(A) the extent to which access to the record will further
public understanding of the operations or decision making of an
agency or Government official;
``(B) the extent to which the age of the record diminishes
the rationale for withholding the record;
``(C) any reasonable suspicion of governmental wrongdoing;
``(D) the importance of the record to the public in order
for the public to make informed decisions with respect to the
electoral and democratic process; and
``(E) any other factors that the agency or court determines
necessary.''.
SEC. 624. AFFIRMATIVE DISCLOSURE OF AGENCY RECORDS ON WEBSITE.
Section 552 of title 5, United States Code (commonly known as the
``Freedom of Information Act''), as amended by this subtitle, is
amended by adding at the end the following:
``(p)(1) Each agency shall make available to the public on the
website of the agency--
``(A) information relating to each advisory committee (as
defined in section 3 of the Federal Advisory Committee Act (5
U.S.C. App.)) of the agency, including--
``(i) the charter of the advisory committee and a
description of the activities of the advisory
committee;
``(ii) the name and basic biography of each member
of the advisory committee, and any conflict of
interest, ethics waiver, or recusal information
relating to each member;
``(iii) the meeting agendas, minutes, transcripts,
and any recordings of the advisory committee;
``(iv) any upcoming events of the advisory
committee;
``(v) timelines of any ongoing advisory committee
work; and
``(vi) a full list of nominated members of the
advisory committee and the final selected membership of
the advisory committee;
``(B) information relating to Federal contracts of the
agency, including--
``(i) a copy of each contract, task, and delivery
order;
``(ii) information on past performance of
contractors, if available; and
``(iii) except for information that is exempt from
disclosure under subsection (b)(4), all correspondence
and documents related to the provision of services to
the Federal Government by contractors earning--
``(I) $10,000,000 during a 1-year period
under a Federal contract or license; or
``(II) more than 20 percent of total
revenue of the contractor from Federal sources;
``(C) ethics documents maintained by the Office of Public
Integrity, including--
``(i) final submissions of ethics paperwork for an
individual in a position on any level of the Executive
Schedule under subchapter II of chapter 53 of this
title;
``(ii) waivers; and
``(iii) 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 53 of this title;
``(D) basic employee organizational charts and office
contact information, including--
``(i) charts that minimally include the names, job
titles, and salaries of all noncareer appointees and
career appointees, as defined in section 3132 of this
title; and
``(ii) front office contact information for every
office within the agency;
``(E) each communication sent to Congress or to a committee
of Congress, including--
``(i) congressional testimony;
``(ii) each unclassified report submitted to
Congress, as required by statute; and
``(iii) each response to questions for
congressional hearing records, provided that the
response does not include individual casework or
constituent information; and
``(F) human resources data of the agency, in the aggregate,
including--
``(i) the number of involuntary transfers, hires,
and voluntary and involuntary departures each quarter;
and
``(ii) information on the racial, ethnic, and
gender diversity with respect to hires, departures, and
involuntary transfers.
``(2) If an agency is unable to maintain a website described in
paragraph (1) due to resource constraints, the agency shall submit the
information required to be made available under paragraph (1) to the
Director of the Office of Public Integrity, who shall make the
information available on a website managed by the Office of Public
Integrity, such as the website described in subsection (m).''.
SEC. 625. APPLICABILITY.
This subtitle and the amendments made by this subtitle shall apply
on and after the date of enactment of this Act.
Subtitle D--Federal Contractor Transparency
SEC. 631. EXPANDING APPLICABILITY OF THE FREEDOM OF INFORMATION ACT TO
FEDERAL CONTRACTORS.
(a) Definition of Agency.--In this section, the term ``agency'' has
the meaning given the term in section 552(f) of title 5, United States
Code.
(b) Applicability of FOIA.--A record relating to a Federal
contractor, including a record relating to a non-Federal prison,
correctional, or detention facility, produced during fulfillment of the
Federal contract with an agency with funds provided under the contract
shall be--
(1) considered a record for purposes of section 552(f)(2)
of title 5, United States Code, whether in the possession of
the Federal contractor or an agency; and
(2) subject to section 552 of title 5, United States Code
(commonly known as the ``Freedom of Information Act''), to the
same extent as if the record was maintained by an agency.
(c) Withholding of Information.--An agency may not withhold
information that would otherwise be required to be disclosed under
subsection (b) unless--
(1) the agency, based on the independent assessment of the
agency, reasonably foresees that disclosure of the information
would cause specific identifiable harm to an interest protected
by an exemption from disclosure under section 552(b) of title
5, United States Code; or
(2) disclosure of the information is prohibited by law.
(d) Regulations.--
(1) In general.--An agency may promulgate regulations or
guidance to ensure compliance with this section by the agency
and Federal contractors.
(2) Compliance by federal contractors.--
(A) In general.--Compliance with this section by an
applicable entity shall be included as a material term
in any contract, agreement, or renewal of a contract or
agreement between the agency and the Federal
contractor.
(B) Modification of contract or agreement.--Not
later than 1 year after the date of enactment of this
Act, 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 (A) that will not otherwise be
renegotiated, renewed, or modified before the date that
is 1 year after the date of enactment of this Act.
(e) Rule of Construction.--Nothing in this section shall be
construed to limit or reduce the scope of State or local open records
laws.
SEC. 632. PUBLIC DISCLOSURE BY LARGE CONTRACTORS.
(a) Definition.--In this section, the term ``covered contractor''
means an entity that earns more than--
(1) $10,000,000 during a 1-year period under a Federal
contract or license; or
(2) 20 percent of the total revenue of the entity from
Federal sources.
(b) Requirement.--Each covered contractor shall, on an annual
basis, submit to the Director of the Office of Public Integrity and the
Administrator of the Office of Federal Procurement Policy--
(1) any audited financial statements of the covered
contractor;
(2) a listing of the salaries of employees of the covered
contractor providing services on Federal contracts that are
compensated over $100,000 per year;
(3) a detailed list of all Federal political spending by
the covered contractor; and
(4) the identity of each beneficial owner of the covered
contractor, including--
(A) name;
(B) current residential or business street address;
and
(C) whether the beneficial owner is a foreign
person.
(c) Penalty.--The Director of the Office of Management and Budget
may--
(1) in consultation with the Administrator of the Office of
Federal Procurement Policy and the Director of the Office of
Public Integrity, 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 (b); and
(2) reinstate the ability of a covered contractor described
in paragraph (1) to receive a Federal contract.
Subtitle E--Congressional Transparency
SEC. 641. INCREASED TRANSPARENCY OF COMMITTEE WORK.
(a) Definitions.--In this section--
(1) the term ``Committee'' means--
(A) a committee of the House of Representatives;
(B) a committee of the Senate; and
(C) a subcommittee of a committee described in
paragraph (1) or (2);
(2) the term ``covered hearing'' means a public hearing
held by a Committee; and
(3) the term ``covered markup'' means a public markup held
by a Committee.
(b) Schedule.--At the same time as the schedule is made available
to members of a Committee, but not later than 7 days before the date of
a covered hearing or covered markup (unless the Chairman and Ranking
Minority Member of the Committee agree to waive the 7-day requirement),
each Committee shall make available on the website of the Committee the
schedule of covered hearings and covered markups of the Committee.
(c) Information Required for Markups.--At the same time as the
materials are made available to members of a Committee, but not later
than 24 hours before the time of a covered markup (unless the Chairman
and Ranking Minority Member of the Committee agree to waive the 24-hour
requirement), 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
Committee.
(d) Additional Required Information.--Not later than 24 hours after
holding a covered hearing or a covered markup, a Committee shall make
available on the website of the Committee--
(1) a description of the topic of the covered hearing or
covered markup;
(2) any legislation related to the covered hearing or
covered markup;
(3) the written testimony of any witness;
(4) any documents or materials entered into the record;
(5) any written opening statements of the Chairman or
Ranking Minority Member of the Committee; and
(6) audio and video recordings of the covered hearing or
covered markup.
(e) Transcripts.--Not later than 45 days after holding a covered
hearing or covered markup, a Committee shall make available on the
website of the Committee transcripts of the covered hearing or covered
markup.
(f) Reported Measures.--Not later than 24 hours after a covered
markup during which a Committee orders a bill or resolution to be
reported, the Committee shall post on the website of the Committee--
(1) each amendment to the bill or resolution that was
agreed to, except for technical and conforming changes
authorized by the Committee; and
(2) a record of each vote taken on the bill or resolution
or an amendment thereto.
(g) Comparative Print.--
(1) In general.--Not later than 45 days after a Committee
reports a bill or joint resolution proposing to repeal or amend
a statute or part thereof, the Committee shall include in its
report or in an accompanying document and make available on the
website of the Committee--
(A) the entire text of each section of a statute
that is proposed to be repealed or amended; and
(B) a comparative print of each amendment to a
section of a statute that the bill or joint resolution
proposes to make, showing by appropriate typographical
devices the omissions and insertions proposed.
(2) 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 amended, the comparative print required by paragraph (1)
shall reflect the changes in existing law proposed to be made
by the bill or joint resolution as proposed to be amended.
(3) Availability.--Each Committee shall make reasonable
efforts to make a comparative print required by paragraph (1)
available to the members of the Committee and to the public as
early as practicable, and before a covered markup, if
practical.
(h) Questions for the Record.--
(1) In general.--Except as provided in paragraph (2), for
each covered hearing or covered markup, 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 witness.
(2) Protection of certain information.--Upon agreement by
the Chairman and Ranking Minority Member of a Committee, a
response described in paragraph (1) 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 information.
SEC. 642. INCREASED TRANSPARENCY OF RECORDED VOTES.
(a) Definition.--In this section, the term ``Member of Congress''
means a Member of the House of Representatives and a Member of the
Senate.
(b) 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 Secretary,
respectively, a record of the recorded votes of each Member of Congress
who is a Member of their House of Congress, organized by the name of
the Member of Congress, in a structured data format, which shall
include the roll, date, issue, question, result, and title or
description of the vote.
(c) 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 Senate, as applicable.
(d) Effective Date.--This section shall apply to recorded votes by
Members of Congress occurring after the date of enactment of this Act.
SEC. 643. INCREASED TRANSPARENCY OF APPROPRIATIONS BILLS.
(a) 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
Senate, respectively, includes a formatted spreadsheet showing the
amounts made available by the bill, in a tabular, digital format that
shows separate entries for each fiscal year covered by the bill.
(b) Effective Date.--Subsection (a) shall apply with respect to any
appropriations bill making funds available for fiscal year 2019 or any
fiscal year thereafter.
TITLE VII--CAMPAIGN FINANCE REFORMS
Subtitle A--Requirements Relating to Preventing Conflicts of Interest
PART I--REQUIREMENTS RELATING TO REGISTERED LOBBYISTS AND GOVERNMENT
CONTRACTORS
SEC. 701. REQUIREMENTS RELATING TO REGISTERED LOBBYISTS.
(a) In General.--Title III of the Federal Election Campaign Act of
1971 (52 U.S.C. 30101 et seq.), as amended by section 141, is amended
by adding at the end the following new section:
``SEC. 326. REQUIREMENTS RELATING TO REGISTERED LOBBYISTS.
``(a) Prohibition of Contributions or Fundraising by Registered
Lobbyists.--It shall be unlawful for any registered lobbyist to--
``(1) make a contribution to any candidate for Federal
office or Member of Congress; or
``(2) fundraise for any candidate for Federal office,
Member of Congress, authorized committee of a candidate,
leadership PAC, or political party committee.
``(b) Prohibition of Soliciting Funds From Lobbyists.--It shall be
unlawful for any candidate for Federal office, Member of Congress, an
agent of such candidate or Member of Congress, or an entity directly or
indirectly established, financed, maintained, or controlled by or
acting on behalf of 1 or more such candidates or Members of Congress to
directly solicit funds from any registered lobbyist in connection with
any election for Federal office.
``(c) Definitions.--For purposes of this section:
``(1) Registered lobbyist.--The term `registered lobbyist'
means a lobbyist, as defined in section 3 of the Lobbying
Disclosure Act of 1995 (2 U.S.C. 1602), that is registered or
is required to register under section 4(a) of that Act (2
U.S.C. 1603(a)).
``(2) Other terms.--The terms `fundraise' and `solicit'
have the meaning given those terms in section 301.
``(d) Clarification.--Nothing in this section shall be construed to
prohibit--
``(1) 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 candidate;
``(2) any registered lobbyist from making an independent
expenditure or fundraising for an independent expenditure; or
``(3) any candidate for Federal office, Member of Congress,
an agent of such candidate or Member of Congress, or an entity
directly or indirectly established, financed, maintained, or
controlled by or acting on behalf of 1 or more such candidates
or Members of Congress from including registered lobbyists in
any mass communication, including a mass communication that
solicits a contribution.''.
(b) Definitions.--Section 301 of the Federal Election Campaign Act
of 1971 (52 U.S.C. 30101) is amended by adding at the end the following
new paragraphs:
``(27) Fundraise.--The term `fundraise' means--
``(A) hosting or underwriting an event where funds
are raised with the intention to contribute such funds
to any candidate for Federal office, Member of
Congress, authorized committee of a candidate,
leadership PAC, or political party committee;
``(B) transmitting or delivering a contribution to
any candidate for Federal office, Member of Congress,
authorized committee of a candidate, leadership PAC, or
political party committee from another person;
``(C) making or sending a communication soliciting
contributions for any candidate for Federal office,
Member of Congress, authorized committee of a
candidate, leadership PAC, or political party
committee; or
``(D) otherwise directly or indirectly soliciting,
transmitting, or facilitating a contribution to any
candidate for Federal office, Member of Congress,
authorized committee of a candidate, leadership PAC, or
political party committee.
``(28) Solicit.--The term `solicit' means to directly or
indirectly ask, request, or recommend, explicitly or
implicitly, that another person make a contribution, donation,
transfer of funds, or otherwise provide anything of value.''.
SEC. 702. DISCLOSURE OF POLITICAL SPENDING BY GOVERNMENT CONTRACTORS.
Section 735 of division D of the Consolidated Appropriations Act,
2019 is repealed.
SEC. 703. REPEAL OF RESTRICTION OF USE OF FUNDS BY INTERNAL REVENUE
SERVICE TO BRING TRANSPARENCY TO POLITICAL ACTIVITY OF
CERTAIN NONPROFIT ORGANIZATIONS.
Section 124 of the Financial Services and General Government
Appropriations Act, 2019 (division D of Public Law 116-6) is hereby
repealed.
SEC. 704. REPEAL OF REVENUE PROCEDURE THAT ELIMINATED REQUIREMENT TO
REPORT INFORMATION REGARDING CONTRIBUTORS TO CERTAIN TAX-
EXEMPT ORGANIZATIONS.
Revenue Procedure 2018-38 shall have no force and effect.
PART II--REQUIREMENTS RELATING TO CORPORATIONS
SEC. 711. BANNING CORPORATIONS FROM FUNDRAISING.
Section 316(a) of the Federal Election Campaign Act of 1971 (52
U.S.C. 30118(a)) is amended by inserting the following before the
period at the end: ``, or for any corporation to fundraise (as defined
in section 301) for any candidate for Federal office or Member of
Congress''.
SEC. 712. BANNING CONTRIBUTIONS TO MEMBERS OF CONGRESS FROM
CORPORATIONS UNDER THE JURISDICTION OF THEIR COMMITTEES.
(a) Prohibition.--
(1) In general.--Title III of the Federal Election Campaign
Act of 1971 (52 U.S.C. 30101 et seq.), as amended by sections
141 and 701, is amended by adding at the end the following new
section:
``SEC. 327. PROHIBITING CAMPAIGN CONTRIBUTIONS TO MEMBERS OF CONGRESS
BY PERSONS WITH FINANCIAL INTERESTS IN CATEGORIES OF
BUSINESS UNDER JURISDICTION OF COMMITTEES ON WHICH
MEMBERS SERVE.
``(a) Prohibiting Contributions and Solicitation of
Contributions.--
``(1) Contributions.--No person shall make a contribution
to a Member of Congress, an authorized committee of a Member of
Congress, or a leadership PAC of a Member of Congress unless,
at the time the person makes the contribution, the person
certifies under penalty of perjury that the person is not
affiliated with a corporation (other than a nonprofit
corporation) or a membership organization described in section
501(c)(6) of the Internal Revenue Code of 1986 and exempt from
tax under section 501(a) 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 serves.
``(2) Solicitation of contributions.--A Member of Congress
may not solicit from a person any contribution, including a
contribution to an authorized committee of the Member, a
leadership PAC of the Member, a political committee of a
political party, or any other political committee, 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
serves.
``(3) Solicitation of donations to certain foundations and
other nonprofit organizations.--
``(A) 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 serves.
``(B) Definitions.--For purposes of this
paragraph--
``(i) the term `immediate family member'
means, with respect to a Member of Congress, a
parent, child, sibling, spouse, or parent-in-
law; and
``(ii) the term `nonprofit organization'
means an organization which is described in
section 501(c) of the Internal Revenue Code of
1986 and exempt from taxation under section
501(a) of such Code.
``(4) Determination of categories of businesses under
committee jurisdiction.--For purposes of this subsection, 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 712(b) of the
Anti-Corruption and Public Integrity Act.
``(b) Description of Persons Affiliated With a Corporation or Trade
Association.--For purposes of subsection (a), a person is affiliated
with a corporation (other than a nonprofit corporation) or membership
organization if the person is any of the following:
``(1) A separate segregated fund established by the
membership organization under section 316.
``(2) An individual who is a treasurer, agent, or other
officer of a separate segregated fund established by a
membership organization under section 316.
``(3) An individual who is general partner, managing
member, or executive officer, or other individual with a
similar status or function of the corporation or membership
organization for purposes of section 316, or who would be
treated as a general partner, managing member, or executive
officer, or other individual with a similar status of the
corporation or membership organization for purposes of section
316 if the corporation or membership organization established a
separate segregated fund or solicited contributions under such
section.
``(4) An individual who owns or controls 5 percent or more
of the voting shares of the corporation, except that this
paragraph does not apply with respect to a corporation whose
annual revenues were less than $5,000,000 during any of the 3
most recent fiscal years ending before the date on which the
individual makes the contribution.
``(c) Exceptions.--Subsection (a) does not apply with respect to
any of the following:
``(1) A contribution to a candidate for election to the
office of Representative in, or Delegate or Resident
Commissioner to, the Congress, an authorized committee of such
a candidate, or a leadership PAC of such a candidate which is
made by an individual who is a resident of the congressional
district such candidate represents.
``(2) A contribution to a candidate for election to the
office of Senator, an authorized committee of such a candidate,
or a leadership PAC of such a candidate which is made by an
individual who is a resident of the State such candidate
represents.
``(3) A contribution made to a political committee by an
individual whose identification the political committee is not
required to disclose under section 304(b)(3)(A) 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 $200.
``(4) A contribution made to a political committee by a
separate segregated fund established by a labor organization
under section 316.
``(d) Other Definitions.--In this section--
``(1) the term `leadership PAC' means, with respect to a
candidate or a Member of Congress, a political committee that
is directly or indirectly established, financed, 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 member, except that such term does not include a
political committee of a political party; and
``(2) the term `member of Congress' means a Senator or
Representative in, or Delegate or Resident Commissioner to, the
Congress.''.
(2) Effective date.--The amendments made by this subsection
shall apply with respect to contributions and donations made or
solicited after the expiration of the 120-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 (b).
(b) Reports by Congressional Ethics Committees on Categories of
Businesses Under Jurisdiction of Committees.--
(1) Reports; submission to federal election commission.--
During each Congress, 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 (as the case may be) the categories of
businesses which are under the jurisdiction of such committee,
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 establish.
(2) 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 (1).
(3) 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 (1) in
consultation with--
(A) the Parliamentarian of the Senate or the
Parliamentarian of the House, respectively, to consider
the assignment of legislation to each committee as an
indicator in preparation of the report; and
(B) the Clerk of the Senate or Clerk of the House,
respectively, to consider the lobbying activity of
businesses in each business category as an indicator in
preparation of the report.
(4) 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 90 days after the beginning of the
Congress.
(5) 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 basis.
SEC. 713. CORPORATE PAC BAN.
(a) Limitation.--
(1) In general.--Section 316(b)(2)(C) of the Federal
Election Campaign Act of 1971 (52 U.S.C. 30118(b)(2)(C)) is
amended by striking ``a corporation'' and inserting ``a
nonprofit corporation''.
(2) Definition.--Section 316(b) of such Act (52 U.S.C.
30118(b)) is amended by adding at the end the following new
paragraph:
``(8) For purposes of this section, the term `nonprofit
corporation' means a corporation described in section 501(c) of the
Internal Revenue Code of 1986 and exempt from taxation under section
501(a) of such Code, other than a corporation which is ineligible to be
exempt from taxation under section 501(a) of such Code if it
establishes a separate segregated fund under this subsection.''.
(b) Permitting Solicitation of Contributions Only From Executive
and Administrative Personnel.--Section 316(b) of such Act (52 U.S.C.
30118(b)) is amended--
(1) in paragraph (4)(A)(i), by striking ``its stockholders
and their families and'';
(2) in paragraph (4)(B)--
(A) by striking ``a corporation'' the first place
it appears and inserting ``a nonprofit corporation'';
(B) by striking ``any stockholder, executive or
administrative personnel,'' and inserting ``any
executive or administrative personnel''; and
(C) by striking ``stockholders, executive or
administrative personnel,'' and inserting ``executive
or administrative personnel'';
(3) in paragraph (4)(D)--
(A) by striking ``stockholders and'';
(B) by striking ``such stockholders or personnel''
and inserting ``such personnel''; and
(C) by striking ``such stockholders and personnel''
and inserting ``such personnel''; and
(4) in paragraph (5), by striking ``stockholders and''.
(c) Treatment of Government Contractors.--Section 317(b) of such
Act (52 U.S.C. 30119(b)) is amended--
(1) by striking ``any corporation'' and inserting ``any
nonprofit corporation''; and
(2) by striking ``a corporation'' and inserting ``a
nonprofit corporation''.
(d) Effective Date; Transition for Existing Funds and Committees.--
(1) Effective date.--The amendments made by this Act shall
take effect on the date of the enactment of this Act.
(2) Transition for existing funds and committees.--In the
case of a separate segregate fund established and operating
under section 316(b)(2)(C) of the Federal Election Campaign Act
of 1971 (52 U.S.C. 30118(b)(2)(C)) as of the date of the
enactment of this Act which is not a fund of a nonprofit
corporation as defined in section 316(b)(8) of such Act (as
added by subsection (a)(2)), the fund shall terminate and
disburse its entire balance not later than 1 year after the
date of the enactment of this Act.
SEC. 714. DISCLOSURE OF CAMPAIGN-RELATED DISBURSEMENTS.
(a) Disclosure Requirements for Corporations, Labor Organizations,
and Certain Other Entities.--
(1) In general.--Section 324 of the Federal Election
Campaign Act of 1971 (52 U.S.C. 30126) is amended to read as
follows:
``SEC. 324. DISCLOSURE OF CAMPAIGN-RELATED DISBURSEMENTS BY COVERED
ORGANIZATIONS.
``(a) Disclosure Statement.--
``(1) In general.--Any covered organization that makes
campaign-related disbursements aggregating more than $10,000 in
an election reporting cycle shall, not later than 24 hours
after each disclosure date, file a statement with the
Commission made under penalty of perjury that contains the
information described in paragraph (2)--
``(A) in the case of the first statement filed
under this subsection, for the period beginning on the
first day of the election reporting cycle (or, if
earlier, the period beginning one year before the first
such disclosure date) and ending on the first such
disclosure date; and
``(B) in the case of any subsequent statement filed
under this subsection, for the period beginning on the
previous disclosure date and ending on such disclosure
date.
``(2) Information described.--The information described in
this paragraph is as follows:
``(A) The name of the covered organization and the
principal place of business of such organization and,
in the case of a covered organization that is a
corporation (other than a business concern that is an
issuer of a class of securities registered under
section 12 of the Securities Exchange Act of 1934 (15
U.S.C. 78l) or that is required to file reports under
section 15(d) of that Act (15 U.S.C. 78o(d))) or an
entity described in subsection (e)(2), a list of the
beneficial owners (as defined in paragraph (4)(A)) of
the entity that--
``(i) identifies each beneficial owner by
name and current residential or business street
address; and
``(ii) if any beneficial owner exercises
control over the entity through another legal
entity, such as a corporation, partnership,
limited liability company, or trust, identifies
each such other legal entity and each such
beneficial owner who will use that other entity
to exercise control over the entity.
``(B) The amount of each campaign-related
disbursement made by such organization during the
period covered by the statement of more than $1,000,
and the name and address of the person to whom the
disbursement was made.
``(C) In the case of a campaign-related
disbursement that is not a covered transfer, the
election to which the campaign-related disbursement
pertains and if the disbursement is made for a public
communication, the name of any candidate identified in
such communication and whether such communication is in
support of or in opposition to a candidate.
``(D) 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 cooperation, consultation, or concert with
or at the request or suggestion of a candidate,
authorized committee, or agent of a candidate,
political party, or agent of a political party.
``(E)(i) 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
account, for each such payment to the account--
``(I) the name and address of each person
who made such payment during the period covered
by the statement;
``(II) the date and amount of such payment;
and
``(III) the aggregate amount of all such
payments made by the person during the period
beginning on the first day of the election
reporting cycle (or, if earlier, the period
beginning one year before the disclosure date)
and ending on the disclosure date,
but only if such payment was made by a person who made
payments to the account in an aggregate amount of
$10,000 or more during the period beginning on the
first day of the election reporting cycle (or, if
earlier, the period beginning one year before the
disclosure date) and ending on the disclosure date.
``(ii) In any calendar year after 2020, section
315(c)(1)(B) shall apply to the amount described in
clause (i) in the same manner as such section applies
to the limitations established under subsections
(a)(1)(A), (a)(1)(B), (a)(3), and (h) of such section,
except that for purposes of applying such section to
the amounts described in subsection (b), the `base
period' shall be 2020.
``(F)(i) If the covered organization makes
campaign-related disbursements using funds other than
funds in a segregated bank account described in
subparagraph (E), for each payment to the covered
organization--
``(I) the name and address of each person
who made such payment during the period covered
by the statement;
``(II) the date and amount of such payment;
and
``(III) the aggregate amount of all such
payments made by the person during the period
beginning on the first day of the election
reporting cycle (or, if earlier, the period
beginning one year before the disclosure date)
and ending on the disclosure date,
but only if such payment was made by a person who made
payments to the covered organization in an aggregate
amount of $10,000 or more during the period beginning
on the first day of the election reporting cycle (or,
if earlier, the period beginning one year before the
disclosure date) and ending on the disclosure date.
``(ii) In any calendar year after 2020, section
315(c)(1)(B) shall apply to the amount described in
clause (i) in the same manner as such section applies
to the limitations established under subsections
(a)(1)(A), (a)(1)(B), (a)(3), and (h) of such section,
except that for purposes of applying such section to
the amounts described in subsection (b), the `base
period' shall be 2020.
``(G) Such other information as required in rules
established by the Commission to promote the purposes
of this section.
``(3) Exceptions.--
``(A) Amounts received in ordinary course of
business.--The requirement to include in a statement
filed under paragraph (1) the information described in
paragraph (2) 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 (other than investments by the principal
shareholder in a limited liability corporation) in the
covered organization. For purposes of this
subparagraph, 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 organization.
``(B) Donor restriction on use of funds.--The
requirement to include in a statement submitted under
paragraph (1) the information described in subparagraph
(F) of paragraph (2) shall not apply if--
``(i) the person described in such
subparagraph prohibited, in writing, the use of
the payment made by such person for campaign-
related disbursements; and
``(ii) 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
disbursements.
``(C) Threat of harassment or reprisal.--The
requirement to include any information relating to the
name or address of any person (other than a candidate)
in a statement submitted under paragraph (1) shall not
apply if the inclusion of the information would subject
the person to serious threats, harassment, or
reprisals.
``(4) Other definitions.--For purposes of this section:
``(A) Beneficial owner defined.--
``(i) In general.--Except as provided in
clause (ii), the term `beneficial owner' means,
with respect to any entity, a natural person
who, directly or indirectly--
``(I) exercises substantial control
over an entity through ownership,
voting rights, agreement, or otherwise;
or
``(II) has a substantial interest
in or receives substantial economic
benefits from the assets of an entity.
``(ii) Exceptions.--The term `beneficial
owner' shall not include--
``(I) a minor child;
``(II) a person acting as a
nominee, intermediary, custodian, or
agent on behalf of another person;
``(III) 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 person;
``(IV) a person whose only interest
in an entity is through a right of
inheritance, unless the person also
meets the requirements of clause (i);
or
``(V) a creditor of an entity,
unless the creditor also meets the
requirements of clause (i).
``(iii) Anti-abuse rule.--The exceptions
under clause (ii) shall not apply if used for
the purpose of evading, circumventing, or
abusing the provisions of clause (i) or
paragraph (2)(A).
``(B) Disclosure date.--The term `disclosure date'
means--
``(i) the first date during any election
reporting cycle by which a person has made
campaign-related disbursements aggregating more
than $10,000; and
``(ii) any other date during such election
reporting cycle by which a person has made
campaign-related disbursements aggregating more
than $10,000 since the most recent disclosure
date for such election reporting cycle.
``(C) Election reporting cycle.--The term `election
reporting cycle' means the 2-year period beginning on
the date of the most recent general election for
Federal office.
``(D) Payment.--The term `payment' includes any
contribution, donation, transfer, payment of dues, or
other payment.
``(b) Coordination With Other Provisions.--
``(1) 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 304.
``(2) Treatment as separate segregated fund.--A segregated
bank account referred to in subsection (a)(2)(E) may be treated
as a separate segregated fund for purposes of section 527(f)(3)
of the Internal Revenue Code of 1986.
``(c) Filing.--Statements required to be filed under subsection (a)
shall be subject to the requirements of section 304(d) to the same
extent and in the same manner as if such reports had been required
under subsection (c) or (g) of section 304.
``(d) Campaign-Related Disbursement Defined.--
``(1) In general.--In this section, the term `campaign-
related disbursement' means a disbursement by a covered
organization for any of the following:
``(A) An independent expenditure which expressly
advocates the election or defeat of a clearly
identified candidate for election for Federal office,
or is the functional equivalent of express advocacy
because, when taken as a whole, it can be interpreted
by a reasonable person only as advocating the election
or defeat of a candidate for election for Federal
office.
``(B) 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 office, or attacks or opposes the
election of a candidate for that office, without regard
to whether the communication expressly advocates a vote
for or against a candidate for that office.
``(C) An electioneering communication, as defined
in section 304(f)(3).
``(D) A covered transfer.
``(2) Intent not required.--A disbursement for an item
described in subparagraph (A), (B), (C), or (D) of paragraph
(1) shall be treated as a campaign-related disbursement
regardless of the intent of the person making the disbursement.
``(e) Covered Organization Defined.--In this section, the term
`covered organization' means any of the following:
``(1) A corporation (other than an organization described
in section 501(c)(3) of the Internal Revenue Code of 1986).
``(2) A limited liability corporation that is not otherwise
treated as a corporation for purposes of this Act (other than
an organization described in section 501(c)(3) of the Internal
Revenue Code of 1986).
``(3) An organization described in section 501(c) of such
Code and exempt from taxation under section 501(a) of such Code
(other than an organization described in section 501(c)(3) of
such Code).
``(4) A labor organization (as defined in section 316(b)).
``(5) Any political organization under section 527 of the
Internal Revenue Code of 1986, other than a political committee
under this Act (except as provided in paragraph (6)).
``(6) A political committee with an account that accepts
donations or contributions that do not comply with the
contribution limits or source prohibitions under this Act, but
only with respect to such accounts.
``(f) Covered Transfer Defined.--
``(1) In general.--In this section, the term `covered
transfer' means any transfer or payment of funds by a covered
organization to another person if the covered organization--
``(A) designates, requests, or suggests that the
amounts be used for--
``(i) campaign-related disbursements (other
than covered transfers); or
``(ii) making a transfer to another person
for the purpose of making or paying for such
campaign-related disbursements;
``(B) made such transfer or payment in response to
a solicitation or other request for a donation or
payment for--
``(i) the making of or paying for campaign-
related disbursements (other than covered
transfers); or
``(ii) making a transfer to another person
for the purpose of making or paying for such
campaign-related disbursements;
``(C) engaged in discussions with the recipient of
the transfer or payment regarding--
``(i) the making of or paying for campaign-
related disbursements (other than covered
transfers); or
``(ii) donating or transferring any amount
of such transfer or payment to another person
for the purpose of making or paying for such
campaign-related disbursements;
``(D) made campaign-related disbursements (other
than a covered transfer) in an aggregate amount of
$50,000 or more during the 2-year period ending on the
date of the transfer or payment, 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 2-year period; or
``(E) knew or had reason to know that the person
receiving the transfer or payment would make campaign-
related disbursements in an aggregate amount of $50,000
or more during the 2-year period beginning on the date
of the transfer or payment.
``(2) Exclusions.--The term `covered transfer' does not
include any of the following:
``(A) 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 organization.
``(B) A disbursement made by a covered organization
if--
``(i) the covered organization prohibited,
in writing, the use of such disbursement for
campaign-related disbursements; and
``(ii) 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 disbursements.
``(3) Special rule regarding transfers among affiliates.--
``(A) 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 (C) 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 $50,000.
``(B) Determination of amount of certain payments
among affiliates.--In determining the amount of a
transfer between affiliates for purposes of
subparagraph (A), to the extent that the transfer
consists of funds attributable to dues, fees, or
assessments which are paid by individuals on a regular,
periodic basis in accordance with a per-individual
calculation which is made on a regular basis, the
transfer shall be attributed to the individuals paying
the dues, fees, or assessments and shall not be
attributed to the covered organization.
``(C) 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--
``(i) one of the organizations is an
affiliate of the other organization; or
``(ii) each of the organizations is an
affiliate of the same organization,
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 disbursements.
``(D) Determination of affiliate status.--For
purposes of subparagraph (C), a covered organization is
an affiliate of another covered organization if--
``(i) the governing instrument of the
organization requires it to be bound by
decisions of the other organization;
``(ii) the governing board of the
organization includes persons who are
specifically designated representatives of the
other organization or are members of the
governing board, officers, or paid executive
staff members of the other organization, or
whose service on the governing board is
contingent upon the approval of the other
organization; or
``(iii) the organization is chartered by
the other organization.
``(E) Coverage of transfers to affiliated section
501(c)(3) organizations.--This paragraph shall apply
with respect to an amount transferred by a covered
organization to an organization described in paragraph
(3) of section 501(c) of the Internal Revenue Code of
1986 and exempt from tax under section 501(a) of such
Code in the same manner as this paragraph applies to an
amount transferred by a covered organization to another
covered organization.
``(g) 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 disbursements.''.
(2) Conforming amendment.--Section 304(f)(6) of such Act
(52 U.S.C. 30104) is amended by striking ``Any requirement''
and inserting ``Except as provided in section 324(b), any
requirement''.
(b) Coordination With FinCEN.--
(1) 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
324 of the Federal Election Campaign Act of 1971, as added by
this section.
(2) Report.--Not later than 6 months after the date of the
enactment of this Act, the Chairman of the Federal Election
Commission, in consultation with the Director of the Financial
Crimes Enforcement Network of the Department of the Treasury,
shall submit to Congress a report with recommendations for
providing further legislative authority to assist in the
administration and enforcement of such section 324.
PART III--REQUIREMENTS RELATING TO FOREIGN NATIONALS
SEC. 721. BANNING FOREIGN-OWNED AND PARTIALLY FOREIGN-OWNED
CORPORATIONS FROM SPENDING ON UNITED STATES ELECTIONS.
Section 319 of the Federal Election Campaign Act of 1971 (52 U.S.C.
30121) is amended--
(1) in subsection (a)--
(A) in paragraph (1)--
(i) in subparagraph (A), by inserting the
following before the semicolon: ``(including a
State or local ballot initiative or
referendum), including any disbursement to a
political committee which accepts donations or
contributions that do not comply with the
limitations, prohibitions, and reporting
requirements of this Act (or any disbursement
to or on behalf of any account of a political
committee which is established for the purpose
of accepting such donations or
contributions)'';
(ii) in subparagraph (B), by striking
``or'' at the end;
(iii) in subparagraph (C), by striking
``expenditure'' and all that follows through
``; or'' and inserting ``expenditure;''; and
(iv) by adding at the end the following new
subparagraphs:
``(D) an independent expenditure;
``(E) a disbursement for an electioneering
communication (within the meaning of section
304(f)(3));
``(F) 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 60 days before a general,
special or runoff election for the office sought by the
candidate or 30 days before a primary or preference
election, or a convention or caucus of a political
party that has authority to nominate a candidate for
the office sought by the candidate;
``(G) a disbursement for a broadcast, cable or
satellite communication, or for a paid internet or paid
digital communication, that promotes, supports, attacks
or opposes the election of a clearly identified
candidate for Federal, State, or local office
(regardless of whether the communication contains
express advocacy or the functional equivalent of
express advocacy); or
``(H) a disbursement for a broadcast, cable, or
satellite communication, or for a paid internet or paid
digital communication, 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 year, 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 1 of the Foreign Agents
Registration Act of 1938 (22 U.S.C. 611);'';
(B) in paragraph (2), by striking the period at the
end and inserting ``; or''; and
(C) by adding at the end the following new
paragraph:
``(3) a foreign national to direct, dictate, control, or
directly or indirectly participate in the decision-making
process of any person (including a corporation, labor
organization, political committee, or political organization)
with regard to the Federal or non-Federal election-related
activity of such person, including any decision concerning the
making of contributions, donations, expenditures, or
disbursements in connection with an election for any Federal,
State, or local office or any decision concerning the
administration of a political committee.'';
(2) in subsection (b)--
(A) in paragraph (1), by striking ``or'' at the
end;
(B) in paragraph (2), by striking the period at the
end and inserting ``; or''; and
(C) by adding at the end the following new
paragraph:
``(3) any for-profit corporation, company, limited
liability company, limited partnership, business trust,
business association, or other similar entity, which is not a
foreign national described in paragraph (1) and--
``(A) in which a foreign national described in
paragraph (1) or (2) or a foreign business as defined
in subsection (d) directly or indirectly holds, owns,
controls, or otherwise has direct or indirect
beneficial ownership of 1 percent or more of the total
equity, outstanding voting shares, membership units, or
other applicable ownership interests of the entity;
``(B) in which two or more foreign nationals
described in paragraph (1) or (2) or foreign businesses
as so defined, in aggregate, directly, or indirectly
hold, own, control, or otherwise have direct or
indirect beneficial ownership of five percent or more
of the total equity, outstanding voting shares,
membership units, or other applicable ownership
interests of the entity;
``(C) over which one or more foreign nationals
described in paragraph (1) or (2) or foreign businesses
as so defined has the power to direct, dictate, or
control the decision-making process of the entity with
respect to its interests in the United States; or
``(D) over which one or more foreign nationals
described in paragraph (1) or (2) or foreign businesses
as so defined has the power to direct, dictate, or
control the decision-making process of the entity with
respect to activities in connection with a Federal,
State, or local election, including--
``(i) the making of a contribution,
donation, expenditure, independent expenditure,
or disbursement for an electioneering
communication (within the meaning of section
304(f)(3)); or
``(ii) the administration of a political
committee established or maintained by the
entity.''; and
(3) by adding at the end the following new subsections:
``(c) Certification of Compliance Required for Carrying Out
Activity.--Prior to the making in connection with an election for
Federal office of any contribution, donation, expenditure, independent
expenditure, or disbursement for an electioneering communication by a
covered for-profit entity, as defined in section 3 of the Lobbying
Disclosure Act of 1995 (2 U.S.C. 1602), during a year, the chief
executive officer of the entity (or, if the entity does not have a
chief executive officer, the highest ranking official of the entity),
shall file a certification with the Commission, under penalty of
perjury, avowing that the entity is not a foreign national and that a
foreign national did not direct, dictate, control, or directly or
indirectly participate in the decision-making process relating to such
activity in violation of subsection (a)(3), unless the chief executive
officer or highest ranking official, if applicable, has previously
filed such a certification within the previous 30 days.
``(d) Definition of Foreign Business.--For purposes of this
section, the term `foreign business' means any for-profit corporation,
company, limited liability company, limited partnership, business
trust, business association, or other similar entity wherein a foreign
national holds, owns, controls, or otherwise has directly or indirectly
acquired beneficial ownership of equity or voting shares in an amount
that is equal to or greater than 50 percent of the total equity or
outstanding voting shares.''.
PART IV--ADDITIONAL REQUIREMENTS
Subpart A--Campaign Finance
SEC. 731. CLARIFICATION ON TREATMENT OF INFORMATION USED TO INFLUENCE
AN ELECTION FOR FEDERAL OFFICE AS A CONTRIBUTION;
CLARIFICATION REGARDING PURPOSE OF INFLUENCING AN
ELECTION FOR FEDERAL OFFICE.
(a) In General.--Section 301(8) of the Federal Election Campaign
Act of 1971 (52 U.S.C. 30101(8)) is amended by adding at the end the
following new subparagraph:
``(C) For purposes of subparagraph (A)(i) and section
319(a)(1)(A), material, non-public information, including
opposition research, intended to be used for the purpose of
influencing an election for Federal office as described in
subparagraph (A)(i), or in the case of section 319(a)(1)(A), in
connection with a Federal, State, or local election, shall be
considered a thing of value without regard to whether the
information provided has monetary value.''.
(b) Clarification Regarding Purpose of Influencing an Election.--
(1) Contributions.--Section 301(8)(A)(i) of such Act (52
U.S.C. 30101(8)(A)(i)) is amended by inserting the following
before the semicolon: ``(whether in whole or in part, or with
the predictable effect of, influencing an election for Federal
office)''.
(2) Expenditures.--Section 301(9)(A)(i) of such Act (52
U.S.C. 30101(9)(A)(i)) is amended by inserting the following
before the semicolon: ``(whether in whole or in part, or with
the predictable effect of, influencing an election for Federal
office)''.
(c) Application of Penalties.--Section 309(d)(1)(A)(ii) of such Act
(52 U.S.C. 30109(d)(1)(A)(ii)) is amended--
(1) by striking ``$2,000 or more (but less than $25,000)''
and inserting ``less than $25,000''; and
(2) by inserting ``or involving information described in
section 301(8)(C), and which has a value that is not
ascertainable'' after ``during a calendar year''.
SEC. 732. PROHIBITION ON SUPER PAC-CANDIDATE COORDINATION.
(a) Clarification of Treatment of Coordinated Expenditures as
Contributions to Candidates.--
(1) Treatment as contribution to candidate.--Section
301(8)(A) of the Federal Election Campaign Act of 1971 (52
U.S.C. 30101(8)(A)), as amended by section 731, is amended--
(A) by striking ``or'' at the end of clause (i);
(B) by striking the period at the end of clause
(ii) and inserting ``; or''; and
(C) by adding at the end the following new clause:
``(iii) any payment made by any person (other than
a candidate, an authorized committee of a candidate, or
a political committee of a political party) for a
coordinated expenditure (as such term is defined in
section 328) which is not otherwise treated as a
contribution under clause (i) or clause (ii).''.
(2) Definitions.--Title III of such Act (52 U.S.C. 30101 et
seq.), as amended by sections 141, 701, and 712, is amended by
adding at the end the following new section:
``SEC. 328. PAYMENTS FOR COORDINATED EXPENDITURES.
``(a) Coordinated Expenditures.--
``(1) In general.--For purposes of section 301(8)(A)(iii),
the term `coordinated expenditure' means--
``(A) any expenditure, or any payment for a covered
communication described in subsection (d), which is
made in cooperation, consultation, or concert with, or
at the request or suggestion of, a candidate, an
authorized committee of a candidate, a political
committee of a political party, or agents of the
candidate or committee, as defined in subsection (b);
or
``(B) any payment for any communication which
republishes, disseminates, or distributes, in whole or
in part, any video or broadcast or any written,
graphic, or other form of campaign material prepared by
the candidate or committee or by agents of the
candidate or committee (including any excerpt or use of
any video from any such broadcast or written, graphic,
or other form of campaign material).
``(2) Exception for payments for certain communications.--A
payment for a communication (including a covered communication
described in subsection (d)) shall not be treated as a
coordinated expenditure under this subsection if--
``(A) the communication appears in a news story,
commentary, or editorial distributed through the
facilities of any broadcasting station, newspaper,
magazine, or other periodical publication, unless such
facilities are owned or controlled by any political
party, political committee, or candidate; or
``(B) the communication constitutes a candidate
debate or forum conducted pursuant to regulations
adopted by the Commission pursuant to section
304(f)(3)(B)(iii), or which solely promotes such a
debate or forum and is made by or on behalf of the
person sponsoring the debate or forum.
``(b) Coordination Described.--
``(1) In general.--For purposes of this section, a payment
is made `in cooperation, consultation, or concert with, or at
the request or suggestion of,' a candidate, an authorized
committee of a candidate, a political committee of a political
party, or agents of the candidate or committee, if the payment,
or any communication for which the payment is made, is not made
entirely independently of the candidate, committee, or agents.
For purposes of the previous sentence, 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 with, or
pursuant to any communication with, the candidate, committee,
or agents about the payment or communication.
``(2) No finding of coordination based solely on sharing of
information regarding legislative or policy position.--For
purposes of this section, a payment shall not be considered to
be made by a person in cooperation, consultation, or concert
with, or at the request or suggestion of, a candidate or
committee, solely on the grounds that the person or the
person's agent engaged in discussions with the candidate or
committee, or with any agent of the candidate or committee,
regarding that person's position on a legislative or policy
matter (including urging the candidate or committee to adopt
that person's position), so long as there is no communication
between the person and the candidate or committee, or any agent
of the candidate or committee, regarding the candidate's or
committee's campaign advertising, message, strategy, policy,
polling, allocation of resources, fundraising, or other
campaign activities.
``(3) 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 315(d).
``(4) No safe harbor for use of firewall.--A person shall
be determined to have made a payment in cooperation,
consultation, or concert with, or at the request or suggestion
of, a candidate or committee, 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 payment.
``(c) Payments by Coordinated Spenders for Covered
Communications.--
``(1) Payments made in cooperation, consultation, or
concert with candidates.--For purposes of subsection (a)(1)(A),
if the person who makes a payment for a covered communication,
as defined in subsection (d), is a coordinated spender under
paragraph (2) with respect to the candidate as described in
subsection (d)(1), the payment for the covered communication is
made in cooperation, consultation, or concert with the
candidate.
``(2) Coordinated spender defined.--For purposes of this
subsection, the term `coordinated spender' means, with respect
to a candidate or an authorized committee of a candidate, a
person (other than a political committee of a political party)
for which any of the following applies:
``(A) During the 4-year period ending on the date
on which the person makes the payment, the person was
directly or indirectly formed or established by or at
the request or suggestion of, or with the encouragement
of, the candidate (including an individual who later
becomes a candidate) or committee or agents of the
candidate or committee, including with the approval of
the candidate or committee or agents of the candidate
or committee.
``(B) The candidate or committee or any agent of
the candidate or committee solicits funds, appears at a
fundraising event, or engages in other fundraising
activity on the person's behalf during the election
cycle involved, including by providing the person with
names of potential donors or other lists to be used by
the person in engaging in fundraising activity,
regardless of whether the person pays fair market value
for the names or lists provided. For purposes of this
subparagraph, the term `election cycle' means, with
respect to an election for Federal office, the period
beginning on the day after the date of the most recent
general election for that office (or, if the general
election resulted in a runoff election, the date of the
runoff election) and ending on the date of the next
general election for that office (or, if the general
election resulted in a runoff election, the date of the
runoff election).
``(C) The person is established, directed, or
managed by the candidate or committee or by any person
who, during the 4-year period ending on the date on
which the person makes the payment, has been employed
or retained as a political, campaign media, or
fundraising adviser or consultant for the candidate or
committee or for any other entity directly or
indirectly controlled by the candidate or committee, or
has held a formal position with the candidate or
committee (including a position as an employee of the
office of the candidate at any time the candidate held
any Federal, State, or local public office during the
4-year period).
``(D) The person has retained the professional
services of any person who, during the 2-year period
ending on the date on which the person makes the
payment, has provided or is providing professional
services relating to the campaign to the candidate or
committee, without regard to whether the person
providing the professional services used a firewall.
For purposes of this subparagraph, the term
`professional services' includes any services in
support of the candidate's or committee's campaign
activities, including advertising, message, strategy,
policy, polling, allocation of resources, fundraising,
and campaign operations, but does not include
accounting or legal services.
``(E) The person is established, directed, or
managed by a member of the immediate family of the
candidate, 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 candidate. For purposes of this
subparagraph, the term `immediate family' has the
meaning given such term in section 9004(e) of the
Internal Revenue Code of 1986.
``(d) Covered Communication Defined.--
``(1) In general.--For purposes of this section, the term
`covered communication' means, with respect to a candidate or
an authorized committee of a candidate, a public communication
(as defined in section 301(22)) which--
``(A) expressly advocates the election of the
candidate or the defeat of an opponent of the candidate
(or contains the functional equivalent of express
advocacy);
``(B) promotes or supports the election of the
candidate, or attacks or opposes the election of an
opponent of the candidate (regardless of whether the
communication expressly advocates the election or
defeat of a candidate or contains the functional
equivalent of express advocacy); or
``(C) refers to the candidate or an opponent of the
candidate but is not described in subparagraph (A) or
subparagraph (B), but only if the communication is
disseminated during the applicable election period.
``(2) Applicable election period.--In paragraph (1)(C), the
`applicable election period' with respect to a communication
means--
``(A) in the case of a communication which refers
to a candidate in a general, special, or runoff
election, the 120-day period which ends on the date of
the election; or
``(B) in the case of a communication which refers
to a candidate in a primary or preference election, or
convention or caucus of a political party that has
authority to nominate a candidate, the 60-day period
which ends on the date of the election or convention or
caucus.
``(3) Special rules for communications involving
congressional candidates.--For purposes of this subsection, 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 seeking.
``(e) Penalty.--
``(1) 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--
``(A) 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 Act, 300
percent of the amount by which the amount of the
payment made by the person exceeds such applicable
contribution limit; or
``(B) in the case of a person who is prohibited
under this Act from making a contribution in any
amount, 300 percent of the amount of the payment made
by the person for the coordinated expenditure.
``(2) Joint and several liability.--Any director, manager,
or officer of a person who is subject to a penalty under
paragraph (1) 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 1-year period which begins on the date
the Commission imposes the penalty or the 1-year period which
begins on the date of the final judgment following any judicial
review of the Commission's action, whichever is later.''.
(3) Effective date.--
(A) Repeal of existing regulations on
coordination.--Effective upon the expiration of the 90-
day period which begins on the date of the enactment of
this Act--
(i) the regulations on coordinated
communications adopted by the Federal Election
Commission which are in effect on the date of
the enactment of this Act (as set forth in 11
CFR part 109, subpart C, under the heading
``Coordination'') are repealed; and
(ii) the Federal Election Commission shall
promulgate new regulations on coordinated
communications which reflect the amendments
made by this Act.
(B) Effective date.--The amendments made by this
subsection shall apply with respect to payments made on
or after the expiration of the 120-day period which
begins on the date of the enactment of this Act,
without regard to whether or not the Federal Election
Commission has promulgated regulations in accordance
with paragraph (1)(B) as of the expiration of such
period.
(b) Clarification of Ban on Fundraising for Super PACs by Federal
Candidates and Officeholders.--Section 323(e)(1) of the Federal
Election Campaign Act of 1971 (52 U.S.C. 30125(e)(1)) is amended--
(1) by striking ``or'' at the end of subparagraph (A);
(2) by striking the period at the end of subparagraph (B)
and inserting ``; or''; and
(3) by adding at the end the following new subparagraph:
``(C) solicit, receive, direct, or transfer funds
to or on behalf of any political committee which
accepts donations or contributions that do not comply
with the limitations, prohibitions, and reporting
requirements of this Act (or to or on behalf of any
account of a political committee which is established
for the purpose of accepting such donations or
contributions), or to or on behalf of any political
organization under section 527 of the Internal Revenue
Code of 1986 which accepts such donations or
contributions (other than a committee of a State or
local political party or a candidate for election for
State or local office).''.
SEC. 733. DISCLOSURE OF MAJOR DONORS, BUNDLERS, AND FINANCE EVENTS IN
PRESIDENTIAL CAMPAIGNS.
Section 304 of the Federal Election Campaign Act of 1971 (52 U.S.C.
30104), as amended by section 141, is amended by adding at the end the
following new subsection:
``(i) Disclosure of Major Donors, Bundlers, 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 period:
``(1) The names and addresses of all donors, bundlers, and
fundraisers who are given titles, including national or
regional finance committee members.
``(2) The names and addresses of all members of fundraiser
host committees.
``(3) The names and addresses of all persons specifically
invited to campaign fundraisers.
``(4) The dates and locations of all fundraisers.''.
SEC. 734. LOWERING CONTRIBUTION LIMITS; REPEAL OF SPECIAL CONTRIBUTION
LIMITS FOR CONTRIBUTIONS TO NATIONAL PARTIES FOR CERTAIN
PURPOSES.
(a) Decrease in Individual Limits for Certain Contributions.--
Section 315(a)(1) of the Federal Election Campaign Act of 1971 (52
U.S.C. 30116(a)(1)) is amended--
(1) in subparagraph (A), by striking ``$2,000'' and
inserting ``$1,000''; and
(2) in subparagraph (B), by striking ``$25,000'' and
inserting ``$10,000''.
(b) Repeal of Special Contribution Limits for Contributions to
National Parties for Certain Purposes.--
(1) In general.--Section 315(a) of the Federal Election
Campaign Act of 1971 (52 U.S.C. 30116(a)) is amended--
(A) in paragraph (1)(B), by striking ``, or, in the
case of contributions made to any of the accounts
described in paragraph (9), exceed 300 percent of the
amount otherwise applicable under this subparagraph
with respect to such calendar year'',
(B) in paragraph (2)(B), by striking ``, or, in the
case of contributions made to any of the accounts
described in paragraph (9), exceed 300 percent of the
amount otherwise applicable under this subparagraph
with respect to such calendar year'', and
(C) by striking paragraph (9).
(2) Conforming amendment.--Section 315(d) of such Act (52
U.S.C. 30116(d)) is amended by striking paragraph (5).
(3) Return of previously contributed amounts.--Not later
than 90 days after the effective date under subsection (d),
each political committee established and maintained by a
political party shall distribute all amounts in accounts
described in section 315(a)(9) of the Federal Election Campaign
Act of 1971 (52 U.S.C. 30116(a)(9)) to individuals who made
contributions to such accounts. The amount distributed to any
contributor from 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
account.
(c) Indexing of Revised Contribution Limits.--Section 315(c) of the
Federal Election Campaign Act of 1971 (2 U.S.C. 441a(c)) is amended--
(1) in paragraph (1)(B)--
(A) by redesignating clauses (i) through (iii) as
subclauses (I) through (III), respectively, and
indenting appropriately;
(B) in subclause (I), as resdesignated by
subparagraph (A), by striking ``(a)(1)(A),
(a)(1)(B),'';
(C) in subclause (III), as redesignated by such
subparagraph--
(i) by striking ``clause (i)'' and
inserting ``subclause (I)''; and
(ii) by striking the period at the end and
inserting ``; and'';
(D) in the matter preceding subclause (I), as so
redesignated, by striking ``subparagraph (C), in any
calendar year'' and inserting ``subparagraph (C)--
``(i) in any calendar year''; and
(E) by adding at the end the following new clause:
``(ii) in any calendar year after 2021--
``(I) a limitation established by
subsection (a)(1)(A) or (a)(1)(B) shall
be increased by the percent difference
determined under subparagraph (A);
``(II) each amount so increased
shall remain in effect for the calendar
year; and
``(III) if any amount after
adjustment under subclause (I) is not a
multiple of $100, such amount shall be
rounded to the nearest multiple of
$100.''; and
(2) in paragraph (2)(B)--
(A) in clause (i), by striking ``and'';
(B) in clause (ii)--
(i) by striking ``(a)(1)(A), (a)(1)(B),
(a)(3),'' and inserting ``(a)(3)''; and
(ii) by striking the period and inserting
``; and''; and
(C) by adding at the end the following:
``(iii) for purposes of subsections
(a)(1)(A) and (a)(1)(B), calendar year 2020.''.
(d) Effective Date.--The amendments made by this section shall
apply with respect to contributions made on or after January 1, 2021.
SEC. 735. RESTRICTIONS ON TESTING THE WATERS.
Section 315(a) of the Federal Election Campaign Act of 1971 (52
U.S.C. 30116(a)) is amended by adding at the end the following new
paragraph:
``(10) For purposes of paragraph (7)(B):
``(A) The term `expenditure made in cooperation,
consultation, or concert with, or at the request or suggestion
of a candidate, his authorized political committees, or their
agents' includes an expenditure made by a person--
``(i) that during the four years preceding the
expenditure (for the office of President) or during the
two years preceding the expenditure (for all other
expenditures) was directly or indirectly established,
maintained, controlled, or principally funded by a
candidate, the candidate's committee, or an immediate
family member of a candidate;
``(ii) that during the four years preceding the
expenditure (for the office of President) or during the
two years preceding the expenditure (for all other
expenditures) employed or otherwise retained the
services (other than accounting or legal services) of a
person who, whether paid or unpaid, at any point during
the same four-year or two-year period, had or exercised
executive or managerial authority for the candidate, or
acted as an agent of the candidate; or
``(iii) for whom during the four years preceding
the expenditure (for the office of President) or during
the two years preceding the expenditure (for all other
expenditures) the candidate or candidate's committee
solicited funds, provided non-public fundraising
information or strategy, or appeared as a featured
guest at a fundraising event.
``(B) The term `expenditure' has the meaning given that
term in section 301 and section 316(b) and also includes the
following, when conducted by a person described in subparagraph
(A) of this paragraph:
``(i) A public communication as defined in section
301(22) that--
``(I) 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
office, or that is the functional equivalent of
such express advocacy;
``(II) promotes or supports a candidate for
Federal office, or attacks or opposes a
candidate for such office (regardless of
whether the communication expressly advocates
the election or defeat of a candidate or is the
functional equivalent of express advocacy); or
``(III) refers to a clearly identified
candidate for Federal office at any time from
120 days before a primary election or
nominating caucus or convention through the
general election, and is disseminated in the
jurisdiction where the election for the office
the candidate is seeking is held.
``(ii) A disbursement for partisan voter activity
(such as partisan voter registration, get-out-the-vote
activity, phone banking, or generic campaign activity)
in the jurisdiction where the election for the office
the candidate is seeking is held.
``(iii) A disbursement to pay for research, design,
or production costs, polling expenses, data analytics,
creating or purchasing mailing or social media lists,
or other activities related to those described in
clause (i) or (ii).
``(C) The term `candidate' includes any person who is a
candidate for Federal office at the time of the expenditure,
regardless of whether such person was a candidate at the time
of the conduct described in subparagraph (A).''.
SEC. 736. PERSONAL USE BAN FOR LEADERSHIP PACS.
Section 313(a) of the Federal Election Campaign Act of 1971 (52
U.S.C. 30114(a)) is amended, in the matter preceding paragraph (1), by
inserting ``or a leadership PAC (as defined in subsection (c)(4)) of a
candidate'' after ``by a candidate''.
SEC. 737. PROHIBITION ON JOINT FUNDRAISING COMMITTEES.
Section 302(e) of the Federal Election Campaign Act of 1971 (52
U.S.C. 30102(e)) is amended--
(1) in paragraph (3)(A)--
(A) by striking clause (ii);
(B) in clause (i), by striking ``; and'' and
inserting a period; and
(C) by striking ``except that'' and all that
follows through ``the candidate'' and inserting
``except that the candidate''; and
(2) by adding at the end the following new paragraph:
``(6) A political committee may not engage in joint
fundraising with other political committees or with
unregistered committees or organizations.''.
Subpart B--Prohibition on the Appointment of Big Donor Ambassadors and
Chiefs of Mission
SEC. 738. PROHIBITION ON THE APPOINTMENT OF BIG DONOR AMBASSADORS AND
CHIEFS OF MISSION.
Section 304(a) of the Foreign Service Act of 1980 (22 U.S.C.
3944(a)) is amended--
(1) in paragraph (3)--
(A) by inserting ``(A)'' before ``Contributions'';
(B) by striking ``should not'' and inserting
``shall not''; and
(C) by adding at the end the following: ``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 (as those terms are defined in paragraph
(4)(B)(ii)).
``(B) An individual who would otherwise be prohibited from
appointment as chief of mission under subparagraph (A) 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 (4).''; and
(2) in paragraph (4)--
(A) by inserting ``(A)'' before ``The President'';
and
(B) by adding at the end the following new
subparagraph:
``(B)(i) The report required under subparagraph (A) shall
include--
``(I) an explanation of the nominee's knowledge, if
applicable, of the principal language or dialect of the
country in which the individual is to serve, and
knowledge, if applicable, of the history, culture,
economic and political institutions, and interests of
that country and its people; and
``(II) a certification of the President that the
nominee, in accordance with this Act--
``(aa) 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 nomination; or
``(bb) has received a full refund for each
such contribution or bundled contribution.
``(ii) In this subparagraph, the terms `contribution,'
`bundled contribution,' and `authorized committee' have the
meanings given those terms in title III of the Federal Election
Campaign Act of 1971 (52 U.S.C. 30101 et seq.).''.
Subtitle B--Strengthening Oversight of Online Political Advertising
SEC. 741. EXPANSION OF DEFINITION OF PUBLIC COMMUNICATION.
(a) In General.--Paragraph (22) of section 301 of the Federal
Election Campaign Act of 1971 (52 U.S.C. 30101(22)) is amended by
striking ``or satellite communication'' and inserting ``satellite, paid
internet, or paid digital communication''.
(b) Treatment of Contributions and Expenditures.--Section 301 of
such Act (52 U.S.C. 30101) is amended--
(1) in paragraph (8)(B)--
(A) by striking ``on broadcasting stations, or in
newspapers, magazines, or similar types of general
public political advertising'' in clause (v) and
inserting ``in any public communication'';
(B) by striking ``broadcasting, newspaper,
magazine, billboard, direct mail, or similar type of
general public communication or political advertising''
in clause (ix)(1) and inserting ``public
communication''; and
(C) by striking ``but not including the use of
broadcasting, newspapers, magazines, billboards, direct
mail, or similar types of general public communication
or political advertising'' in clause (x) and inserting
``but not including use in any public communication'';
and
(2) in paragraph (9)(B)--
(A) by amending clause (i) to read as follows:
``(i) any news story, commentary, or
editorial distributed through the facilities of
any broadcasting station or any print, online,
or digital newspaper, magazine, blog,
publication, or periodical, unless such
broadcasting, print, online, or digital
facilities are owned or controlled by any
political party, political committee, or
candidate;''; and
(B) in clause (iv), by striking ``on broadcasting
stations, or in newspapers, magazines, or similar types
of general public political advertising'' and inserting
``in any public communication''.
(c) Disclosure and Disclaimer Statements.--Subsection (a) of
section 318 of such Act (52 U.S.C. 30120) is amended--
(1) by striking ``financing any communication through any
broadcasting station, newspaper, magazine, outdoor advertising
facility, mailing, or any other type of general public
political advertising'' and inserting ``financing any public
communication''; and
(2) by striking ``solicits any contribution through any
broadcasting station, newspaper, magazine, outdoor advertising
facility, mailing, or any other type of general public
political advertising'' and inserting ``solicits any
contribution through any public communication''.
SEC. 742. EXPANSION OF DEFINITION OF ELECTIONEERING COMMUNICATION.
(a) Application to Qualified Internet and Digital Communications.--
(1) In general.--Subparagraph (A) of section 304(f)(3) of
the Federal Election Campaign Act of 1971 (52 U.S.C.
30104(f)(3)(A)) is amended by striking ``or satellite
communication'' each place it appears in clauses (i) and (ii)
and inserting ``satellite, or qualified internet or digital
communication''.
(2) Qualified internet or digital communication.--Paragraph
(3) of section 304(f) of such Act (52 U.S.C. 30104(f)) is
amended by adding at the end the following new subparagraph:
``(D) 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 (as defined
in subsection (k)(3)).''.
(b) Nonapplication of Relevant Electorate to Online
Communications.--Section 304(f)(3)(A)(i)(III) of such Act (52 U.S.C.
30104(f)(3)(A)(i)(III)) is amended by inserting ``any broadcast, cable,
or satellite'' before ``communication''.
(c) News Exemption.--Section 304(f)(3)(B)(i) of such Act (52 U.S.C.
30104(f)(3)(B)(i)) is amended to read as follows:
``(i) a communication appearing in a news
story, commentary, or editorial distributed
through the facilities of any broadcasting
station or any online or digital newspaper,
magazine, blog, publication, or periodical,
unless such broadcasting, online, or digital
facilities are owned or controlled by any
political party, political committee, or
candidate;''.
SEC. 743. APPLICATION OF DISCLAIMER STATEMENTS TO ONLINE
COMMUNICATIONS.
(a) Clear and Conspicuous Manner Requirement.--Subsection (a) of
section 318 of the Federal Election Campaign Act of 1971 (52 U.S.C.
30120(a)) is amended--
(1) by striking ``shall clearly state'' each place it
appears in paragraphs (1), (2), and (3) and inserting ``shall
state in a clear and conspicuous manner''; and
(2) by adding at the end the following flush sentence:
``For purposes of this section, 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 overlooked.''.
(b) Special Rules for Qualified Internet or Digital
Communications.--
(1) In general.--Section 318 of such Act (52 U.S.C. 30120)
is amended by adding at the end the following new subsection:
``(e) Special Rules for Qualified Internet or Digital
Communications.--
``(1) 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 (as defined in
section 304(f)(3)(D)) which is disseminated through a medium in
which the provision of all of the information specified in this
section is not possible, the communication shall, in a clear
and conspicuous manner--
``(A) state the name of the person who paid for the
communication; and
``(B) 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 information.
``(2) Safe harbor for determining clear and conspicuous
manner.--A statement in a qualified internet or digital
communication (as defined in section 304(f)(3)(D)) shall be
considered to be made in a clear and conspicuous manner as
provided in subsection (a) if the communication meets the
following requirements:
``(A) Text or graphic communications.--In the case
of a text or graphic communication, the statement--
``(i) appears in letters at least as large
as the majority of the text in the
communication; and
``(ii) meets the requirements of paragraphs
(2) and (3) of subsection (c).
``(B) Audio communications.--In the case of an
audio communication, the statement is spoken in a
clearly audible and intelligible manner at the
beginning or end of the communication and lasts at
least 3 seconds.
``(C) Video communications.--In the case of a video
communication which also includes audio, the
statement--
``(i) is included at either the beginning
or the end of the communication; and
``(ii) is made both in--
``(I) a written format that meets
the requirements of subparagraph (A)
and appears for at least 4 seconds; and
``(II) an audible format that meets
the requirements of subparagraph (B).
``(D) Other communications.--In the case of any
other type of communication, the statement is at least
as clear and conspicuous as the statement specified in
subparagraph (A), (B), or (C).''.
(2) Nonapplication of certain exceptions.--The exceptions
provided in section 110.11(f)(1)(i) and (ii) of title 11, Code
of Federal Regulations, or any successor to such rules, shall
have no application to qualified internet or digital
communications (as defined in section 304(f)(3)(D) of the
Federal Election Campaign Act of 1971, as added by this Act).
(c) Modification of Additional Requirements for Certain
Communications.--Section 318(d) of such Act (52 U.S.C. 30120(d)) is
amended--
(1) in paragraph (1)(A)--
(A) by striking ``which is transmitted through
radio'' and inserting ``which is in an audio format'';
and
(B) by striking ``By radio'' in the heading and
inserting ``Audio format'';
(2) in paragraph (1)(B)--
(A) by striking ``which is transmitted through
television'' and inserting ``which is in video
format''; and
(B) by striking ``By television'' in the heading
and inserting ``Video format''; and
(3) in paragraph (2)--
(A) by striking ``transmitted through radio or
television'' and inserting ``made in audio or video
format''; and
(B) by striking ``through television'' in the
second sentence and inserting ``in video format''.
SEC. 744. POLITICAL RECORD REQUIREMENTS FOR ONLINE PLATFORMS.
(a) In General.--Section 304 of the Federal Election Campaign Act
of 1971 (52 U.S.C. 30104), as amended by sections 141 and 733, is
further amended by adding at the end the following new subsection:
``(j) Disclosure of Certain Online Advertisements.--
``(1) In general.--
``(A) Requirements for online platforms.--An online
platform shall maintain, and make available for online
public inspection in machine-readable format, 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 $500.
``(B) 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 (A).
``(2) Contents of record.--A record maintained under
paragraph (1)(A) shall contain--
``(A) a digital copy of the qualified political
advertisement;
``(B) a description of the audience targeted by the
advertisement, the number of views generated from the
advertisement, and the date and time that the
advertisement is first displayed and last displayed;
and
``(C) information regarding--
``(i) the average rate charged for the
advertisement;
``(ii) the name of the candidate to which
the advertisement refers and the office to
which the candidate is seeking election, the
election to which the advertisement refers, or
the national legislative issue to which the
advertisement refers (as applicable);
``(iii) in the case of a request made by,
or on behalf of, a candidate, the name of the
candidate, the authorized committee of the
candidate, and the treasurer of such committee;
and
``(iv) in the case of any request not
described in clause (iii), the name of the
person purchasing the advertisement, the name,
address, and phone number of a contact person
for such person, and a list of the chief
executive officers or members of the executive
committee or of the board of directors of such
person.
``(3) Online platform.--For purposes of this subsection,
the term `online platform' means any public-facing website, web
application, or digital application (including a social
network, ad network, or search engine) which--
``(A) sells qualified political advertisements; and
``(B) has 50,000,000 or more unique monthly United
States visitors or users for a majority of months
during the preceding 12 months.
``(4) Qualified political advertisement.--For purposes of
this subsection, the term `qualified political advertisement'
means any advertisement (including search engine marketing,
display advertisements, video advertisements, native
advertisements, and sponsorships) that--
``(A) is made by or on behalf of a candidate; or
``(B) communicates a message relating to any
political matter of national importance, including--
``(i) a candidate;
``(ii) any election to Federal office; or
``(iii) a national legislative issue of
public importance.
``(5) 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 4 years.
``(6) Penalties.--For penalties for failure by online
platforms, and persons requesting to purchase a qualified
political advertisement on online platforms, to comply with the
requirements of this subsection, see section 309.''.
(b) Rulemaking.--Not later than 90 days after the date of the
enactment of this Act, the Federal Election Commission shall establish
rules--
(1) requiring common data formats for the record required
to be maintained under section 304(j) of the Federal Election
Campaign Act of 1971 (as added by subsection (a)) so that all
online platforms submit and maintain data online in a common,
machine-readable and publicly accessible format; and
(2) establishing search interface requirements relating to
such record, including searches by candidate name, issue,
purchaser, and date.
(c) Reporting.--Not later than 2 years after the date of the
enactment of this Act, and biannually thereafter, the Chairman of the
Federal Election Commission shall submit a report to Congress on--
(1) matters relating to compliance with and the enforcement
of the requirements of section 304(j) of the Federal Election
Campaign Act of 1971, as added by subsection (a);
(2) recommendations for any modifications to such section
to assist in carrying out its purposes; and
(3) identifying ways to bring transparency and
accountability to political advertisements distributed online
for free.
SEC. 745. PREVENTING CONTRIBUTIONS, EXPENDITURES, INDEPENDENT
EXPENDITURES, AND DISBURSEMENTS FOR ELECTIONEERING
COMMUNICATIONS BY FOREIGN NATIONALS IN THE FORM OF ONLINE
ADVERTISING.
Section 319 of the Federal Election Campaign Act of 1971 (52 U.S.C.
30121), as amended by section 721, is amended by adding at the end the
following new subsection:
``(e) Each television or radio broadcast station, provider of cable
or satellite television, or online platform (as defined in section
304(k)(3)) shall exercise due diligence to ensure that communications
described in section 318(a) and made available by such station,
provider, or platform are not purchased by a foreign national, directly
or indirectly.''.
Subtitle C--Public Financing
PART I--SMALL DOLLAR FINANCING OF SENATE ELECTION CAMPAIGNS
SEC. 751. ELIGIBILITY REQUIREMENTS AND BENEFITS OF FAIR ELECTIONS
FINANCING OF SENATE ELECTION CAMPAIGNS.
The Federal Election Campaign Act of 1971 (52 U.S.C. 30101 et seq.)
is amended by adding at the end the following:
``TITLE V--FAIR ELECTIONS FINANCING OF SENATE ELECTION CAMPAIGNS
``Subtitle A--General Provisions
``SEC. 501. DEFINITIONS.
``In this title:
``(1) 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
522.
``(2) Commission.--The term `Commission' means the Federal
Election Commission.
``(3) Enhanced matching contribution.--The term `enhanced
matching contribution' means an enhanced matching payment
provided to a participating candidate for qualified small
dollar contributions, as provided under section 524.
``(4) Enhanced support qualifying period.--The term
`enhanced support qualifying period' means, with respect to a
general election, the period which begins 60 days before the
date of the election and ends 14 days before the date of the
election.
``(5) Fair elections qualifying period.--The term `Fair
Elections qualifying period' means, with respect to any
candidate for Senator, the period--
``(A) beginning on the date on which the candidate
files a statement of intent under section 511(a)(1);
and
``(B) ending on the date that is 30 days before--
``(i) the date of the primary election; or
``(ii) in the case of a State that does not
hold a primary election, the date prescribed by
State law as the last day to qualify for a
position on the general election ballot.
``(6) Fair elections start date.--The term `Fair Elections
start date' means, with respect to any candidate, the date that
is 180 days before--
``(A) the date of the primary election; or
``(B) in the case of a State that does not hold a
primary election, the date prescribed by State law as
the last day to qualify for a position on the general
election ballot.
``(7) Fund.--The term `Fund' means the Freedom From
Influence Fund established by section 502.
``(8) Immediate family.--The term `immediate family' means,
with respect to any candidate--
``(A) the candidate's spouse;
``(B) a child, stepchild, parent, grandparent,
brother, half-brother, sister, or half-sister of the
candidate or the candidate's spouse; and
``(C) the spouse of any person described in
subparagraph (B).
``(9) Matching contribution.--The term `matching
contribution' means a matching payment provided to a
participating candidate for qualified small dollar
contributions, as provided under section 523.
``(10) Nonparticipating candidate.--The term
`nonparticipating candidate' means a candidate for Senator who
is not a participating candidate.
``(11) Participating candidate.--The term `participating
candidate' means a candidate for Senator who is certified under
section 514 as being eligible to receive an allocation from the
Fund.
``(12) Qualifying contribution.--The term `qualifying
contribution' means, with respect to a candidate, a
contribution that--
``(A) is in an amount that is--
``(i) not less than the greater of $5 or
the amount determined by the Commission under
section 531; and
``(ii) not more than the greater of $200 or
the amount determined by the Commission under
section 531;
``(B) is made by an individual--
``(i) who is a resident of the State in
which such candidate is seeking election; and
``(ii) who is not otherwise prohibited from
making a contribution under this Act;
``(C) is made during the Fair Elections qualifying
period; and
``(D) meets the requirements of section 512(b).
``(13) Qualified small dollar contribution.--The term
`qualified small dollar contribution' means, with respect to a
candidate, any contribution (or series of contributions)--
``(A) which is not a qualifying contribution (or
does not include a qualifying contribution);
``(B) which is made by an individual who is not
prohibited from making a contribution under this Act;
and
``(C) the aggregate amount of which does not exceed
the greater of--
``(i) $200 per election; or
``(ii) the amount per election determined
by the Commission under section 531.
``(14) Qualifying multicandidate political committee
contribution.--
``(A) 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 (within the meaning of section 315(a)(2)).
``(B) Qualified account.--For purposes of
subparagraph (A), the term `qualified account' means,
with respect to a multicandidate political committee, a
separate, segregated account of the committee that
consists solely of contributions which meet the
following requirements:
``(i) All contributions to such account are
made by individuals who are not prohibited from
making contributions under this Act.
``(ii) 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 (13)(C).
``SEC. 502. FREEDOM FROM INFLUENCE FUND.
``(a) Establishment.--There is established in the Treasury a fund
to be known as the `Freedom From Influence Fund'.
``(b) Amounts Held by Fund.--The Fund shall consist of the
following amounts:
``(1) Assessments against fines, settlements, and
penalties.--Amounts transferred under section 3015 of title 18,
United States Code, section 9707 of title 31, United States
Code, and section 6761 of the Internal Revenue Code of 1986.
``(2) Deposits.--Amounts deposited into the Fund under--
``(A) section 513(c) (relating to exceptions to
contribution requirements);
``(B) section 521(c) (relating to remittance of
unused payments from the Fund); and
``(C) section 532 (relating to violations).
``(3) Investment returns.--Interest on, and the proceeds
from, the sale or redemption of any obligations held by the
Fund under subsection (c).
``(c) Investment.--The Commission shall invest portions of the Fund
in obligations of the United States in the same manner as provided
under section 9602(b) of the Internal Revenue Code of 1986.
``(d) Use of Fund To Make Payments to Participating Candidates.--
``(1) 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 title.
``(2) Mandatory reduction of payments in case of
insufficient amounts in fund.--
``(A) Advance audits by commission.--Not later than
90 days before the first day of each election cycle
(beginning with the first election cycle that begins
after the date of the enactment of this title), the
Commission shall--
``(i) 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 cycle; and
``(ii) submit a report to Congress
describing the results of the audit.
``(B) Reductions in amount of payments.--
``(i) Automatic reduction on pro rata
basis.--If, on the basis of the audit described
in subparagraph (A), the Commission determines
that the amount anticipated to be available in
the Fund with respect to the election cycle
involved is not, or may not be, sufficient to
satisfy the full entitlements of participating
candidates to payments under this title for
such election cycle, 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 cycle.
``(ii) Restoration of reductions in case of
availability of sufficient funds during
election cycle.--If, after reducing the amounts
paid to participating candidates with respect
to an election cycle under clause (i), the
Commission determines that there are sufficient
amounts in the Fund to restore the amount by
which such payments were reduced (or any
portion thereof), to the extent that such
amounts are available, 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
(i) (or any portion thereof, as the case may
be).
``(iii) 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 title, moneys shall not
be made available from any other source for the
purpose of making such payments.
``(e) Use of Fund To Make Other Payments.--In addition to the use
described in subsection (d), amounts in the Fund shall be available
without further appropriation or fiscal year limitation--
``(1) to make payments under chapter 95 of subtitle H of
the Internal Revenue Code of 1986 pursuant to sections 9006(b)
and 9008(j) of such Code, subject to reductions under section
9013(b) of such Code; and
``(2) to make payments to candidates under chapter 96 of
subtitle H of the Internal Revenue Code of 1986, subject to
reductions under section 9043(b) of such Code.
``(f) Effective Date.--This section shall take effect on the date
of the enactment of this title.
``Subtitle B--Eligibility and Certification
``SEC. 511. ELIGIBILITY.
``(a) In General.--A candidate for Senator is eligible to receive
an allocation from the Fund for any election if the candidate meets the
following requirements:
``(1) 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 period.
``(2) The candidate meets the qualifying contribution
requirements of section 512.
``(3) Not later than the last day of the Fair Elections
qualifying period, 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--
``(A) has complied and, if certified, will comply
with the contribution and expenditure requirements of
section 513;
``(B) if certified, will not run as a
nonparticipating candidate during such year in any
election for the office that such candidate is seeking;
and
``(C) has either qualified or will take steps to
qualify under State law to be on the ballot.
``(b) General Election.--Notwithstanding subsection (a), 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 law.
``SEC. 512. QUALIFYING CONTRIBUTION REQUIREMENT.
``(a) In General.--A candidate for Senator meets the requirement of
this section if, during the Fair Elections qualifying period, the
candidate obtains--
``(1) a number of qualifying contributions equal to the
greater of--
``(A) the sum of--
``(i) 2,000; plus
``(ii) 500 for each congressional district
in the State with respect to which the
candidate is seeking election; or
``(B) the amount determined by the Commission under
section 531; and
``(2) a total dollar amount of qualifying contributions
equal to the greater of--
``(A) 10 percent of the amount of the allocation
such candidate would be entitled to receive for the
primary election under section 522(c)(1) (determined
without regard to paragraph (5) thereof) if such
candidate were a participating candidate; or
``(B) the amount determined by the Commission under
section 531.
``(b) Requirements Relating to Receipt of Qualifying
Contribution.--Each qualifying contribution--
``(1) may be made by means of a personal check, money
order, debit card, credit card, or electronic payment account;
``(2) shall be accompanied by a signed statement
containing--
``(A) the contributor's name and the contributor's
address in the State in which the contributor is
registered to vote; and
``(B) an oath declaring that the contributor--
``(i) understands that the purpose of the
qualifying contribution is to show support for
the candidate so that the candidate may qualify
for Fair Elections financing;
``(ii) is making the contribution in his or
her own name and from his or her own funds;
``(iii) has made the contribution
willingly; and
``(iv) has not received anything of value
in return for the contribution; and
``(3) 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 election.
``(c) 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 section.
``SEC. 513. CONTRIBUTION AND EXPENDITURE REQUIREMENTS.
``(a) General Rule.--A candidate for Senator meets the requirements
of this section if, during the election cycle of the candidate, the
candidate--
``(1) except as provided in subsection (b), accepts no
contributions other than--
``(A) qualifying contributions;
``(B) qualified small dollar contributions;
``(C) qualifying multicandidate political committee
contributions;
``(D) allocations from the Fund under section 522;
``(E) matching contributions under section 523;
``(F) enhanced matching contributions under section
524; and
``(G) vouchers provided to the candidate under
section 525;
``(2) makes no expenditures from any amounts other than
from--
``(A) qualifying contributions;
``(B) qualified small dollar contributions;
``(C) qualifying multicandidate political committee
contributions;
``(D) allocations from the Fund under section 522;
``(E) matching contributions under section 523;
``(F) enhanced matching contributions under section
524; and
``(G) vouchers provided to the candidate under
section 525; and
``(3) makes no expenditures from personal funds or the
funds of any immediate family member (other than funds received
through qualified small dollar contributions and qualifying
contributions).
For purposes of this subsection, 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
candidate.
``(b) Contributions for Leadership PACs, 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 (a)(1) from any person if--
``(1) the aggregate contributions from such person for any
calendar year do not exceed $200; and
``(2) no portion of such contributions is disbursed in
connection with the campaign of the participating candidate.
``(c) Exception.--Notwithstanding subsection (a), 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
contributions, qualifying contributions, qualifying multicandidate
political committee contributions, or contributions that meet the
requirements of subsection (b) and that are accepted before the date
the candidate files a statement of intent under section 511(a)(1) are--
``(1) returned to the contributor; or
``(2) submitted to the Commission for deposit in the Fund.
``SEC. 514. CERTIFICATION.
``(a) In General.--Not later than 5 days after a candidate for
Senator files an affidavit under section 511(a)(3), the Commission
shall--
``(1) certify whether or not the candidate is a
participating candidate; and
``(2) notify the candidate of the Commission's
determination.
``(b) Revocation of Certification.--
``(1) In general.--The Commission may revoke a
certification under subsection (a) if--
``(A) a candidate fails to qualify to appear on the
ballot at any time after the date of certification; or
``(B) a candidate otherwise fails to comply with
the requirements of this title, including any
regulatory requirements prescribed by the Commission.
``(2) Repayment of benefits.--If certification is revoked
under paragraph (1), the candidate shall repay to the Fund an
amount equal to the value of benefits received under this title
plus interest (at a rate determined by the Commission) on any
such amount received.
``Subtitle C--Benefits
``SEC. 521. BENEFITS FOR PARTICIPATING CANDIDATES.
``(a) In General.--For each election with respect to which a
candidate is certified as a participating candidate under section 514,
such candidate shall be entitled to--
``(1) an allocation from the Fund to make or obligate to
make expenditures with respect to such election, as provided in
section 522;
``(2) matching contributions, as provided in section 523;
``(3) enhanced matching contributions, as provided in
section 524; and
``(4) for the general election, vouchers for broadcasts of
political advertisements, as provided in section 525.
``(b) Restriction on Uses of Allocations From the Fund.--
Allocations from the Fund received by a participating candidate under
section 522, matching contributions under section 523, and enhanced
matching contributions under section 524 may only be used for campaign-
related costs.
``(c) Remitting Allocations From the Fund.--
``(1) In general.--Not later than the date that is 45 days
after an election in which the participating candidate appeared
on the ballot, such participating candidate shall remit to the
Commission for deposit in the Fund an amount equal to the
lesser of--
``(A) the amount of money in the candidate's
campaign account; or
``(B) the sum of the allocations from the Fund
received by the candidate under section 522, the
matching contributions received by the candidate under
section 523, and the enhanced matching contributions
under section 524.
``(2) Exception.--In the case of a candidate who qualifies
to be on the ballot for a primary runoff election, a general
election, or a general runoff election, the amounts described
in paragraph (1) may be retained by the candidate and used in
such subsequent election.
``SEC. 522. ALLOCATIONS FROM THE FUND.
``(a) In General.--The Commission shall make allocations from the
Fund under section 521(a)(1) to a participating candidate--
``(1) in the case of amounts provided under subsection
(c)(1), not later than 48 hours after the date on which such
candidate is certified as a participating candidate under
section 514;
``(2) in the case of a general election, not later than 48
hours after--
``(A) the date of the certification of the results
of the primary election or the primary runoff election;
or
``(B) in any case in which there is no primary
election, the date the candidate qualifies to be placed
on the ballot; and
``(3) in the case of a primary runoff election or a general
runoff election, not later than 48 hours after the
certification of the results of the primary election or the
general election, as the case may be.
``(b) 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 card.
``(c) Amounts.--
``(1) Primary election allocation; initial allocation.--
Except as provided in paragraph (5), the Commission shall make
an allocation from the Fund for a primary election to a
participating candidate in an amount equal to 67 percent of the
base amount with respect to such participating candidate.
``(2) 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 25
percent of the amount the participating candidate was eligible
to receive under this section for the primary election.
``(3) General election allocation.--Except as provided in
paragraph (5), 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 candidate.
``(4) 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 25
percent of the base amount with respect to such candidate.
``(5) Uncontested elections.--
``(A) In general.--In the case of a primary or
general election that is an uncontested election, the
Commission shall make an allocation from the Fund to a
participating candidate for such election in an amount
equal to 25 percent of the allocation which such
candidate would be entitled to under this section for
such election if this paragraph did not apply.
``(B) Uncontested election defined.--For purposes
of this subparagraph, an election is uncontested if not
more than 1 candidate has campaign funds (including
payments from the Fund) in an amount equal to or
greater than 10 percent of the allocation a
participating candidate would be entitled to receive
under this section for such election if this paragraph
did not apply.
``(d) Base Amount.--
``(1) In general.--Except as otherwise provided in this
subsection, the base amount for any candidate is an amount
equal to the greater of--
``(A) the sum of--
``(i) $750,000; plus
``(ii) $150,000 for each congressional
district in the State with respect to which the
candidate is seeking election; or
``(B) the amount determined by the Commission under
section 531.
``(2) Indexing.--In each even-numbered year after 2025--
``(A) each dollar amount under paragraph (1)(A)
shall be increased by the percent difference between
the price index (as defined in section 315(c)(2)(A))
for the 12 months preceding the beginning of such
calendar year and the price index for calendar year
2022;
``(B) each dollar amount so increased shall remain
in effect for the 2-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
election; and
``(C) if any amount after adjustment under
subparagraph (A) is not a multiple of $100, such amount
shall be rounded to the nearest multiple of $100.
``SEC. 523. MATCHING PAYMENTS FOR QUALIFIED SMALL DOLLAR CONTRIBUTIONS.
``(a) In General.--The Commission shall pay to each participating
candidate an amount equal to 600 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 514.
``(b) Limitation.--The aggregate payments under subsection (a) with
respect to any candidate shall not exceed the greater of--
``(1) 400 percent of the allocation such candidate is
entitled to receive for such election under section 522
(determined without regard to subsection (c)(5) thereof); or
``(2) the percentage of such allocation determined by the
Commission under section 531.
``(c) Time of Payment.--The Commission shall make payments under
this section not later than 2 business days after the receipt of a
report made under subsection (d).
``(d) Reports.--
``(1) 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 prescribe.
``(2) Contents of reports.--Each report under this
subsection shall disclose--
``(A) the amount of each qualified small dollar
contribution received by the candidate;
``(B) the amount of each qualified small dollar
contribution received by the candidate from a resident
of the State in which the candidate is seeking
election; and
``(C) the name, address, and occupation of each
individual who made a qualified small dollar
contribution to the candidate.
``(3) Frequency of reports.--Reports under this subsection
shall be made no more frequently than--
``(A) once every month until the date that is 90
days before the date of the election;
``(B) once every week after the period described in
subparagraph (A) and until the date that is 21 days
before the election; and
``(C) once every day after the period described in
subparagraph (B).
``(4) 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
180 days before the date of such election.
``(e) 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 5
business days of such denial.
``SEC. 524. ENHANCED MATCHING SUPPORT.
``(a) In General.--In addition to the payments made under section
523, the Commission shall make an additional payment to an eligible
candidate under this section.
``(b) Eligibility.--A candidate is eligible to receive an
additional payment under this section if the candidate meets each of
the following requirements:
``(1) The candidate is on the ballot for the general
election for the office the candidate seeks.
``(2) The candidate is certified as a participating
candidate under this title with respect to the election.
``(3) During the enhanced support qualifying period, the
candidate receives qualified small dollar contributions in a
total amount of not less than the sum of $15,000 for each
congressional district in the State with respect to which the
candidate is seeking election.
``(4) During the enhanced support qualifying period, the
candidate submits to the Commission a request for the payment
which includes--
``(A) a statement of the number and amount of
qualified small dollar contributions received by the
candidate during the enhanced support qualifying
period;
``(B) a statement of the amount of the payment the
candidate anticipates receiving with respect to the
request; and
``(C) such other information and assurances as the
Commission may require.
``(5) After submitting a request for the additional payment
under paragraph (4), the candidate does not submit any other
application for an additional payment under this title.
``(c) Amount.--
``(1) In general.--Subject to paragraph (2), the amount of
the additional payment made to an eligible candidate under this
subtitle shall be an amount equal to 50 percent of--
``(A) the amount of the payment made to the
candidate under section 523 with respect to the
qualified small dollar contributions which are received
by the candidate during the enhanced support qualifying
period (as included in the request submitted by the
candidate under (b)(4)(A)); or
``(B) in the case of a candidate who is not
eligible to receive a payment under section 523 with
respect to such qualified small dollar contributions
because the candidate has reached the limit on the
aggregate amount of payments under section 523, the
amount of the payment which would have been made to the
candidate under section 523 with respect to such
qualified small dollar contributions if the candidate
had not reached such limit.
``(2) Limit.--The amount of the additional payment
determined under paragraph (1) with respect to a candidate may
not exceed the sum of $150,000 for each congressional district
in the State with respect to which the candidate is seeking
election.
``(3) 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 523.
``SEC. 525. POLITICAL ADVERTISING VOUCHERS.
``(a) 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
section.
``(b) Candidates.--The Commission shall only disburse vouchers
under the program established under subsection (a) to participants
certified pursuant to section 514 who have agreed in writing to keep
and furnish to the Commission such records, books, and other
information as it may require.
``(c) Amounts.--The Commission shall disburse vouchers to each
candidate certified under subsection (b) in an aggregate amount equal
to the greater of--
``(1) $100,000 multiplied by the number of congressional
districts in the State with respect to which such candidate is
running for office; or
``(2) the amount determined by the Commission under section
531.
``(d) Use.--
``(1) 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 disbursed, except that--
``(A) a candidate may exchange vouchers with a
political party under paragraph (2); and
``(B) a political party may use vouchers only to
purchase broadcast airtime for political advertisements
for generic party advertising (as defined by the
Commission in regulations), to support candidates for
State or local office in a general election, or to
support participating candidates of the party in a
general election for Federal office, but only if it
discloses the value of the voucher used as an
expenditure under section 315(d).
``(2) Exchange with political party committee.--
``(A) 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 (or, in the case of a
participating candidate who is not a member of any
political party, to a committee of the political party
of that candidate's choice) in exchange for money in an
amount equal to the cash value of the voucher or
portion exchanged.
``(B) Continuation of candidate obligations.--The
transfer of a voucher, in whole or in part, to a
political party committee under this paragraph does not
release the candidate from any obligation under the
agreement made under subsection (b) or otherwise modify
that agreement or its application to that candidate.
``(C) Party committee obligations.--Any political
party committee to which a voucher or portion thereof
is transferred under subparagraph (A)--
``(i) shall account fully, in accordance
with such requirements as the Commission may
establish, for the receipt of the voucher; and
``(ii) may not use the transferred voucher
or portion thereof for any purpose other than a
purpose described in paragraph (1)(B).
``(D) Voucher as a contribution under feca.--If a
candidate transfers a voucher or any portion thereof to
a political party committee under subparagraph (A)--
``(i) the value of the voucher or portion
thereof transferred shall be treated as a
contribution from the candidate to the
committee, and from the committee to the
candidate, for purposes of sections 302 and
304;
``(ii) the committee may, in exchange,
provide to the candidate only funds subject to
the prohibitions, limitations, and reporting
requirements of title III of this Act; and
``(iii) the amount, if identified as a
`voucher exchange', shall not be considered a
contribution for the purposes of sections 315
and 513.
``(e) Value; Acceptance; Redemption.--
``(1) Voucher.--Each voucher disbursed by the Commission
under this section shall have a value in dollars, redeemable
upon presentation to the Commission, together with such
documentation and other information as the Commission may
require, for the purchase of broadcast airtime for political
advertisements in accordance with this section.
``(2) Acceptance.--A broadcasting station shall accept
vouchers in payment for the purchase of broadcast airtime for
political advertisements in accordance with this section.
``(3) Redemption.--The Commission shall redeem vouchers
accepted by broadcasting stations under paragraph (2) upon
presentation, subject to such documentation, verification,
accounting, and application requirements as the Commission may
impose to ensure the accuracy and integrity of the voucher
redemption system.
``(4) Expiration.--
``(A) 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 purpose.
``(B) 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 31st of the odd-numbered year following the
year in which the voucher was issued by the Commission.
``(5) Voucher as expenditure under feca.--The use of a
voucher to purchase broadcast airtime constitutes an
expenditure as defined in section 301(9)(A).
``(f) Definitions.--In this section:
``(1) Broadcasting station.--The term `broadcasting
station' has the meaning given that term by section 315(f)(1)
of the Communications Act of 1934.
``(2) Political party.--The term `political party' means a
major party or a minor party as defined in section 9002 (3) or
(4) of the Internal Revenue Code of 1986 (26 U.S.C. 9002 (3) or
(4)).
``Subtitle D--Administrative Provisions
``SEC. 531. DUTIES OF THE FEDERAL ELECTION COMMISSION.
``(a) Duties and Powers.--
``(1) 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 title, including
regulations--
``(A) to establish procedures for--
``(i) verifying the amount of valid
qualifying contributions with respect to a
candidate;
``(ii) effectively and efficiently
monitoring and enforcing the limits on the
raising of qualified small dollar
contributions;
``(iii) 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
committees;
``(iv) effectively and efficiently
monitoring and enforcing the limits on the use
of personal funds by participating candidates;
``(v) monitoring the use of allocations
from the Fund and matching contributions under
this title through audits or other mechanisms;
and
``(vi) the administration of the voucher
program under section 525; and
``(B) regarding the conduct of debates in a manner
consistent with the best practices of States that
provide public financing for elections.
``(2) Review of fair elections financing.--
``(A) In general.--After each general election for
Federal office, the Commission shall conduct a
comprehensive review of the Fair Elections financing
program under this title, including--
``(i) the maximum dollar amount of
qualified small dollar contributions under
section 501(13);
``(ii) the maximum and minimum dollar
amounts for qualifying contributions under
section 501(12);
``(iii) the number and value of qualifying
contributions a candidate is required to obtain
under section 512 to qualify for allocations
from the Fund;
``(iv) the amount of allocations from the
Fund that candidates may receive under section
522;
``(v) the maximum amount of matching
contributions a candidate may receive under
section 523;
``(vi) the maximum amount of enhanced
matching contributions a candidate may receive
under section 524;
``(vii) the amount and usage of vouchers
under section 525;
``(viii) the overall satisfaction of
participating candidates and the American
public with the program; and
``(ix) such other matters relating to
financing of Senate campaigns as the Commission
determines are appropriate.
``(B) Criteria for review.--In conducting the
review under subparagraph (A), the Commission shall
consider the following:
``(i) 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 involvement,
the need to assure adequate incentives for
participating, and fiscal responsibility,
taking into consideration the number of primary
and general election participating candidates,
the electoral performance of those candidates,
program cost, and any other information the
Commission determines is appropriate.
``(ii) Review of program benefits.--The
Commission shall consider whether the totality
of the amount of funds allowed to be raised by
participating candidates (including through
qualifying contributions and small dollar
contributions), allocations from the Fund under
section 522, matching contributions under
section 523, enhanced matching contributions
under section 524, and vouchers under section
525 are sufficient for voters in each State to
learn about the candidates to cast an informed
vote, taking into account the historic amount
of spending by winning candidates, media costs,
primary election dates, and any other
information the Commission determines is
appropriate.
``(C) Adjustment of amounts.--
``(i) In general.--Based on the review
conducted under subparagraph (A), the
Commission shall provide for the adjustments of
the following amounts:
``(I) The maximum dollar amount of
qualified small dollar contributions
under section 501(13)(C).
``(II) The maximum and minimum
dollar amounts for qualifying
contributions under section 501(12)(A).
``(III) The number and value of
qualifying contributions a candidate is
required to obtain under section
512(a)(1).
``(IV) The base amount for
candidates under section 522(d).
``(V) The maximum amount of
matching contributions a candidate may
receive under section 523(b).
``(VI) The maximum amount of
enhanced matching contributions a
candidate may receive under section
524(c).
``(VII) The dollar amount for
vouchers under section 525(c).
``(ii) Regulations.--The Commission shall
promulgate regulations providing for the
adjustments made under clause (i).
``(D) Report.--Not later than March 30 following
any general election for Federal office, the Commission
shall submit a report to Congress on the review
conducted under subparagraph (A). Such report shall
contain a detailed statement of the findings,
conclusions, and recommendations of the Commission
based on such review.
``(b) Reports.--Not later than March 30, 2024, and every 2 years
thereafter, the Commission shall submit to the Senate Committee on
Rules and Administration a report documenting, evaluating, and making
recommendations relating to the administrative implementation and
enforcement of the provisions of this title.
``(c) Authorization of Appropriations.--There are authorized to be
appropriated such sums as are necessary to carry out the purposes of
this subtitle.
``SEC. 532. VIOLATIONS AND PENALTIES.
``(a) Civil Penalty for Violation of Contribution and Expenditure
Requirements.--If a candidate who has been certified as a participating
candidate under section 514 accepts a contribution or makes an
expenditure that is prohibited under section 513, the Commission shall
assess a civil penalty against the candidate in an amount that is not
more than 3 times the amount of the contribution or expenditure. Any
amounts collected under this subsection shall be deposited into the
Fund.
``(b) Repayment for Improper Use of Freedom From Influence Fund.--
``(1) 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 title, the Commission
shall so notify the candidate and the candidate shall pay to
the Fund an amount equal to--
``(A) the amount of benefits so used or not
remitted, as appropriate; and
``(B) interest on any such amounts (at a rate
determined by the Commission).
``(2) 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 309(a), including a referral by the
Commission to the Attorney General in the case of an apparent
knowing and willful violation of this title.''.
SEC. 752. EXCEPTION TO LIMITATION ON COORDINATED EXPENDITURES BY
POLITICAL PARTY COMMITTEES WITH PARTICIPATING CANDIDATES.
Section 315(d) of the Federal Election Campaign Act of 1971 (52
U.S.C. 30116(d)) is amended--
(1) in paragraph (3)(A), by striking ``in the case of'' and
inserting ``except as provided in paragraph (6), in the case
of''; and
(2) by adding at the end the following new paragraph:
``(6)(A) The limitation under paragraph (3)(A) shall not
apply with respect to any expenditure from a qualified
political party-participating candidate coordinated expenditure
fund.
``(B) In this paragraph, the term `qualified political
party-participating candidate coordinated expenditure fund'
means a fund established by the national committee of a
political party, or a State committee of a political party,
including any subordinate committee of a State committee, 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 (as defined in section
501), that only accepts qualified coordinated expenditure
contributions.
``(C) In this paragraph, the term `qualified coordinated
expenditure contribution' means, with respect to the general
election campaign of a candidate for election to the office of
Senator who is a participating candidate (as defined in section
501), any contribution (or series of contributions)--
``(i) which is made by an individual who is not
prohibited from making a contribution under this Act;
and
``(ii) the aggregate amount of which does not
exceed $500 per election.''.
SEC. 753. ASSESSMENTS AGAINST FINES AND PENALTIES.
(a) Assessments Relating to Criminal Offenses.--
(1) In general.--Chapter 201 of title 18, United States
Code, is amended by adding at the end the following new
section:
``Sec. 3015. Special assessments for Freedom From Influence Fund
``(a) Assessments.--
``(1) Convictions of crimes.--In addition to any assessment
imposed under this chapter, 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 2.75 percent of any fine imposed
on that defendant in the sentence imposed for that conviction.
``(2) 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 2.75 percent of the amount
of the settlement.
``(b) Manner of Collection.--An amount assessed under subsection
(a) shall be collected in the manner in which fines are collected in
criminal cases.
``(c) Transfers.--In a manner consistent with section 3302(b) of
title 31, there shall be transferred from the General Fund of the
Treasury to the Freedom From Influence Fund under section 502 of the
Federal Election Campaign Act of 1971 an amount equal to the amount of
the assessments collected under this section.''.
(2) Clerical amendment.--The table of sections of chapter
201 of title 18, United States Code, is amended by adding at
the end the following:
``3015. Special assessments for Freedom From Influence Fund.''.
(b) Assessments Relating to Civil Penalties.--
(1) In general.--Chapter 97 of title 31, United States
Code, is amended by adding at the end the following new
section:
``Sec. 9707. Special assessments for Freedom From Influence Fund
``(a) Assessments.--
``(1) Civil penalties.--Any entity of the Federal
Government which is authorized under any law, rule, or
regulation to impose a civil penalty shall assess on each
person, other than a natural person who is not a corporate
officer or person with equivalent authority in any other
organization, on whom such a penalty is imposed an amount equal
to 2.75 percent of the amount of the penalty.
``(2) Administrative penalties.--Any entity of the Federal
Government which is authorized under any law, rule, or
regulation to impose an administrative penalty shall assess on
each person, other than a natural person who is not a corporate
officer or person with equivalent authority in any other
organization, on whom such a penalty is imposed an amount equal
to 2.75 percent of the amount of the penalty.
``(3) Settlements.--Any entity of the Federal Government
which is authorized under any law, rule, or regulation to enter
into a settlement agreement or consent decree with any person,
other than a natural person who is not a corporate officer or
person with equivalent authority in any other organization, 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 2.75 percent of the amount of the settlement.
``(b) Manner of Collection.--An amount assessed under subsection
(a) shall be collected--
``(1) in the case of an amount assessed under paragraph (1)
of such subsection, in the manner in which civil penalties are
collected by the entity of the Federal Government involved;
``(2) in the case of an amount assessed under paragraph (2)
of such subsection, in the manner in which administrative
penalties are collected by the entity of the Federal Government
involved; and
``(3) in the case of an amount assessed under paragraph (3)
of such subsection, in the manner in which amounts are
collected pursuant to settlement agreements or consent decrees
entered into by the entity of the Federal Government involved.
``(c) Transfers.--In a manner consistent with section 3302(b) of
this title, there shall be transferred from the General Fund of the
Treasury to the Freedom From Influence Fund under section 502 of the
Federal Election Campaign Act of 1971 an amount equal to the amount of
the assessments collected under this section.
``(d) Exception for Penalties and Settlements Under Authority of
the Internal Revenue Code of 1986.--
``(1) In general.--No assessment shall be made under
subsection (a) with respect to any civil or administrative
penalty imposed, or any settlement agreement or consent decree
entered into, under the authority of the Internal Revenue Code
of 1986.
``(2) Cross reference.--For application of special
assessments for the Freedom From Influence Fund with respect to
certain penalties under the Internal Revenue Code of 1986, see
section 6761 of the Internal Revenue Code of 1986.''.
(2) Clerical amendment.--The table of sections of chapter
97 of title 31, United States Code, is amended by adding at the
end the following:
``9707. Special assessments for Freedom From Influence Fund.''.
(c) Assessments Relating to Certain Penalties Under the Internal
Revenue Code of 1986.--
(1) In general.--Chapter 68 of the Internal Revenue Code of
1986 is amended by adding at the end the following new
subchapter:
``Subchapter D--Special Assessments for Freedom From Influence Fund
``SEC. 6761. SPECIAL ASSESSMENTS FOR FREEDOM FROM INFLUENCE FUND.
``(a) In General.--Each person required to pay a covered penalty
shall pay an additional amount equal to 2.75 percent of the amount of
such penalty.
``(b) Covered Penalty.--For purposes of this section, the term
`covered penalty' means any addition to tax, additional amount,
penalty, or other liability provided under subchapter A or B.
``(c) Exception for Certain Individuals.--
``(1) In general.--In the case of a taxpayer who is an
individual, subsection (a) shall not apply to any covered
penalty if such taxpayer is an exempt taxpayer for the taxable
year for which such covered penalty is assessed.
``(2) Exempt taxpayer.--For purposes of this subsection, 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 1 with respect to such taxpayer
for such taxable year.
``(d) Application of Certain Rules.--Except as provided in
subsection (e), the additional amount determined under subsection (a)
shall be treated for purposes of this title in the same manner as the
covered penalty to which such additional amount relates.
``(e) Transfer to Freedom From Influence Fund.--The Secretary shall
deposit any additional amount under subsection (a) in the General Fund
of the Treasury and shall transfer from such General Fund to the
Freedom From Influence Fund established under section 502 of the
Federal Election Campaign Act of 1971 an amount equal to the amounts so
deposited (and, notwithstanding subsection (d), such additional amount
shall not be the basis for any deposit, transfer, credit,
appropriation, or any other payment, to any other trust fund or
account). Rules similar to the rules of section 9601 shall apply for
purposes of this subsection.''.
(2) Clerical amendment.--The table of subchapters for
chapter 68 of such Code is amended by adding at the end the
following new item:
``subchapter d--special assessments for freedom from influence fund''.
(d) Effective Dates.--
(1) In general.--Except as provided in paragraph (2), the
amendments made by this section shall apply with respect to
convictions, agreements, and penalties which occur on or after
the date of the enactment of this Act.
(2) Assessments relating to certain penalties under the
internal revenue code of 1986.--The amendments made by
subsection (c) shall apply to covered penalties assessed after
the date of the enactment of this Act.
PART II--PRESIDENTIAL ELECTIONS
Subpart A--Primary Elections
SEC. 761. INCREASE IN AND MODIFICATIONS TO MATCHING PAYMENTS.
(a) Increase and Modification.--
(1) In general.--The first sentence of section 9034(a) of
the Internal Revenue Code of 1986 is amended--
(A) by striking ``an amount equal to the amount of
each contribution'' and inserting ``an amount equal to
600 percent of the amount of each matchable
contribution (disregarding any amount of contributions
from any person to the extent that the total of the
amounts contributed by such person for the election
exceeds $200)''; and
(B) by striking ``authorized committees'' and all
that follows through ``$250'' and inserting
``authorized committees''.
(2) Matchable contributions.--Section 9034 of such Code is
amended--
(A) by striking the last sentence of subsection
(a); and
(B) by adding at the end the following new
subsection:
``(c) Matchable Contribution Defined.--For purposes of this section
and section 9033(b)--
``(1) Matchable contribution.--The term `matchable
contribution' means, with respect to the nomination for
election to the office of President of the United States, 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--
``(A) the individual making such contribution has
not made aggregate contributions (including such
matchable contribution) to such candidate and the
authorized committees of such candidate in excess of
$1,000 for the election;
``(B) such candidate and the authorized committees
of such candidate will not accept contributions from
such individual (including such matchable contribution)
aggregating more than the amount described in
subparagraph (A); and
``(C) such contribution was a direct contribution.
``(2) Contribution.--For purposes of this subsection, 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 address, but does not
include a subscription, loan, advance, or deposit of money, or
anything of value or anything described in subparagraph (B),
(C), or (D) of section 9032(4).
``(3) Direct contribution.--
``(A) In general.--For purposes of this subsection,
the term `direct contribution' means, with respect to a
candidate, a contribution which is made directly by an
individual to the candidate or an authorized committee
of the candidate and is not--
``(i) forwarded from the individual making
the contribution to the candidate or committee
by another person; or
``(ii) received by the candidate or
committee with the knowledge that the
contribution was made at the request,
suggestion, or recommendation of another
person.
``(B) Other definitions.--In subparagraph (A)--
``(i) the term `person' does not include an
individual (other than an individual described
in section 304(i)(7) of the Federal Election
Campaign Act of 1971), a political committee of
a political party, or any political committee
which is not a separate segregated fund
described in section 316(b) of the Federal
Election Campaign Act of 1971 and which does
not make contributions or independent
expenditures, does not engage in lobbying
activity under the Lobbying Disclosure Act of
1995 (2 U.S.C. 1601 et seq.), and is not
established by, controlled by, or affiliated
with a registered lobbyist under such Act, an
agent of a registered lobbyist under such Act,
or an organization which retains or employs a
registered lobbyist under such Act; and
``(ii) a contribution is not `made at the
request, suggestion, 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 person, so long as the
candidate or authorized committee does not know
the identity of the person who provided the
information to such individual.''.
(3) Conforming amendments.--
(A) Section 9032(4) of such Code is amended by
striking ``section 9034(a)'' and inserting ``section
9034''.
(B) Section 9033(b)(3) of such Code is amended by
striking ``matching contributions'' and inserting
``matchable contributions''.
(b) Modification of Payment Limitation.--Section 9034(b) of such
Code is amended--
(1) by striking ``The total'' and inserting the following:
``(1) In general.--The total'';
(2) by striking ``shall not exceed'' and all that follows
and inserting ``shall not exceed $250,000,000.''; and
(3) by adding at the end the following new paragraph:
``(2) Inflation adjustment.--
``(A) In general.--In the case of any applicable
period beginning after 2029, the dollar amount in
paragraph (1) shall be increased by an amount equal
to--
``(i) such dollar amount, multiplied by
``(ii) the cost-of-living adjustment
determined under section 1(f)(3) for the
calendar year following the year which such
applicable period begins, determined by
substituting `calendar year 2028' for `calendar
year 1992' in subparagraph (B) thereof.
``(B) Applicable period.--For purposes of this
paragraph, the term `applicable period' means the 4-
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 election.
``(C) Rounding.--If any amount as adjusted under
subparagraph (A) is not a multiple of $10,000, such
amount shall be rounded to the nearest multiple of
$10,000.''.
SEC. 762. ELIGIBILITY REQUIREMENTS FOR MATCHING PAYMENTS.
(a) Amount of Aggregate Contributions Per State; Disregarding of
Amounts Contributed in Excess of $200.--Section 9033(b)(3) of the
Internal Revenue Code of 1986 is amended--
(1) by striking ``$5,000'' and inserting ``$25,000''; and
(2) by striking ``20 States'' and inserting the following:
``20 States (disregarding 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 $200)''.
(b) Contribution Limit.--
(1) In general.--Paragraph (4) of section 9033(b) of such
Code is amended to read as follows:
``(4) 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 $1,000
for the election.''.
(2) Conforming amendments.--
(A) Section 9033(b) of such Code is amended by
adding at the end the following new flush sentence:
``For purposes of paragraph (4), the term `contribution' has the
meaning given such term in section 301(8) of the Federal Election
Campaign Act of 1971.''.
(B) Section 9032(4) of such Code, as amended by
section 761(a)(3)(A), is amended by inserting ``or
9033(b)'' after ``9034''.
(c) Participation in System for Payments for General Election.--
Section 9033(b) of such Code is amended--
(1) by striking ``and'' at the end of paragraph (3);
(2) by striking the period at the end of paragraph (4) and
inserting ``, and''; and
(3) by inserting after paragraph (4) the following new
paragraph:
``(5) if the candidate is nominated by a political party
for election to the office of President, the candidate will
apply for and accept payments with respect to the general
election for such office in accordance with chapter 95.''.
(d) Prohibition on Joint Fundraising Committees.--Section 9033(b)
of such Code, as amended by subsection (c), is amended--
(1) by striking ``and'' at the end of paragraph (4);
(2) by striking the period at the end of paragraph (5) and
inserting ``; and''; and
(3) by inserting after paragraph (5) the following new
paragraph:
``(6) the candidate will not establish a joint fundraising
committee with a political committee other than another
authorized committee of the candidate, except that the
candidate established a joint fundraising committee with
respect to a prior election for which the candidate was not
eligible to receive payments under section 9037 and the
candidate does not terminate the committee, 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 section.''.
SEC. 763. REPEAL OF EXPENDITURE LIMITATIONS.
(a) In General.--Subsection (a) of section 9035 of the Internal
Revenue Code of 1986 is amended to read as follows:
``(a) Personal Expenditure Limitation.--No candidate shall
knowingly make expenditures from his personal funds, or the personal
funds of his immediate family, in connection with his campaign for
nomination for election to the office of President in excess of, in the
aggregate, $50,000.''.
(b) Conforming Amendment.--Paragraph (1) of section 9033(b) of the
Internal Revenue Code of 1986 is amended to read as follows:
``(1) the candidate will comply with the personal
expenditure limitation under section 9035,''.
SEC. 764. PERIOD OF AVAILABILITY OF MATCHING PAYMENTS.
Section 9032(6) of the Internal Revenue Code of 1986 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 6 months prior to the date of
the earliest State primary election''.
SEC. 765. EXAMINATION AND AUDITS OF MATCHABLE CONTRIBUTIONS.
Section 9038(a) of the Internal Revenue Code of 1986 is amended by
inserting ``and matchable contributions accepted by'' after ``qualified
campaign expenses of''.
SEC. 766. MODIFICATION TO LIMITATION ON CONTRIBUTIONS FOR PRESIDENTIAL
PRIMARY CANDIDATES.
Section 315(a)(6) of the Federal Election Campaign Act of 1971 (52
U.S.C. 30116(a)(6)) is amended by striking ``calendar year'' and
inserting ``four-year election cycle''.
SEC. 767. USE OF FREEDOM FROM INFLUENCE FUND AS SOURCE OF PAYMENTS.
(a) In General.--Chapter 96 of subtitle H of the Internal Revenue
Code of 1986 is amended by adding at the end the following new section:
``SEC. 9043. USE OF FREEDOM FROM INFLUENCE FUND AS SOURCE OF PAYMENTS.
``(a) In General.--Effective with respect to the Presidential
election held in 2028 and each succeeding Presidential election, all
payments made to candidates under this chapter shall be made from the
Freedom From Influence Fund established under section 502 of the
Federal Election Campaign Act of 1971 (hereafter in this section
referred to as the `Fund') and any reference in this chapter to the
matching payment account shall be considered to be a reference to the
Fund.
``(b) Mandatory Reduction of Payments in Case of Insufficient
Amounts in Fund.--
``(1) Advance audits by commission.--Not later than 90 days
before the first day of each Presidential election cycle
(beginning with the cycle for the election held in 2028), the
Commission shall--
``(A) audit the Fund to determine whether, after
first making payments to participating candidates under
title V of the Federal Election Campaign Act of 1971,
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 cycle; and
``(B) submit a report to Congress describing the
results of the audit.
``(2) Reductions in amount of payments.--
``(A) Automatic reduction on pro rata basis.--If,
on the basis of the audit described in paragraph (1),
the Commission determines that the amount anticipated
to be available in the Fund with respect to the
Presidential election cycle involved is not, or may not
be, sufficient to satisfy the full entitlements of
candidates to payments under this chapter for such
cycle, 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 cycle.
``(B) Restoration of reductions in case of
availability of sufficient funds during election
cycle.--If, after reducing the amounts paid to
candidates with respect to an election cycle under
subparagraph (A), the Commission determines that there
are sufficient amounts in the Fund to restore the
amount by which such payments were reduced (or any
portion thereof), to the extent that such amounts are
available, 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 (A) (or any
portion thereof, as the case may be).
``(C) 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 chapter, moneys shall not be made
available from any other source for the purpose of
making such payments.
``(3) No effect on amounts transferred for pediatric
research initiative.--This section does not apply to the
transfer of funds under section 9008(i).
``(4) Presidential election cycle defined.--In this
section, the term `Presidential election cycle' means, with
respect to a Presidential election, the period beginning on the
day after the date of the previous Presidential general
election and ending on the date of the Presidential
election.''.
(b) Conforming Amendments.--Section 9037(a) of the Internal Revenue
Code of 1986 is amended by adding at the end the following: ``No amount
shall be transferred under this subsection with respect to any
Presidential election held after 2024, 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 502 of the
Federal Election Campaign Act of 1971.''
(c) Clerical Amendment.--The table of sections for chapter 96 of
subtitle H of such Code is amended by adding at the end the following
new item:
``Sec. 9043. Use of Freedom From Influence Fund as source of
payments.''.
Subpart B--General Elections
SEC. 771. MODIFICATION OF ELIGIBILITY REQUIREMENTS FOR PUBLIC
FINANCING.
Subsection (a) of section 9003 of the Internal Revenue Code of 1986
is amended to read as follows:
``(a) In General.--In order to be eligible to receive any payments
under section 9006, the candidates of a political party in a
Presidential election shall meet the following requirements:
``(1) Participation in primary payment system.--The
candidate for President received payments under chapter 96 for
the campaign for nomination for election to be President.
``(2) Agreements with commission.--The candidates, in
writing--
``(A) agree to obtain and furnish to the Commission
such evidence as it may request of the qualified
campaign expenses of such candidates,
``(B) agree to keep and furnish to the Commission
such records, books, and other information as it may
request, and
``(C) agree to an audit and examination by the
Commission under section 9007 and to pay any amounts
required to be paid under such section.
``(3) Prohibition on joint fundraising committees.--
``(A) 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 candidate.
``(B) Status of existing committees for prior
elections.--If a candidate established a joint
fundraising committee described in subparagraph (A)
with respect to a prior election for which the
candidate was not eligible to receive payments under
section 9006 and the candidate does not terminate the
committee, the candidate shall not be considered to be
in violation of subparagraph (A) 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 9006.''.
SEC. 772. REPEAL OF EXPENDITURE LIMITATIONS AND USE OF QUALIFIED
CAMPAIGN CONTRIBUTIONS.
(a) Use of Qualified Campaign Contributions Without Expenditure
Limits; Application of Same Requirements for Major, Minor, and New
Parties.--Section 9003 of the Internal Revenue Code of 1986 is amended
by striking subsections (b) and (c) and inserting the following:
``(b) Use of Qualified Campaign Contributions To Defray Expenses.--
``(1) In general.--In order to be eligible to receive any
payments under section 9006, the candidates of a party in a
Presidential election shall certify to the Commission, under
penalty of perjury, that--
``(A) such candidates and their authorized
committees have not and will not accept any
contributions to defray qualified campaign expenses
other than--
``(i) qualified campaign contributions, and
``(ii) contributions to the extent
necessary to make up any deficiency payments
received out of the fund on account of the
application of section 9006(c), and
``(B) 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 (C) of
section 9002(11).
``(2) 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 (a)(3).''.
(b) Definition of Qualified Campaign Contribution.--Section 9002 of
such Code is amended by adding at the end the following new paragraph:
``(13) Qualified campaign contribution.--The term
`qualified campaign contribution' means, with respect to any
election for the office of President of the United States, a
contribution from an individual to a candidate or an authorized
committee of a candidate which--
``(A) does not exceed $1,000 for the election; and
``(B) with respect to which the candidate has
certified in writing that--
``(i) the individual making such
contribution has not made aggregate
contributions (including such qualified
contribution) to such candidate and the
authorized committees of such candidate in
excess of the amount described in subparagraph
(A), and
``(ii) such candidate and the authorized
committees of such candidate will not accept
contributions from such individual (including
such qualified contribution) aggregating more
than the amount described in subparagraph (A)
with respect to such election.''.
(c) Conforming Amendments.--
(1) Repeal of expenditure limits.--
(A) In general.--Section 315 of the Federal
Election Campaign Act of 1971 (52 U.S.C. 30116) is
amended by striking subsection (b).
(B) Conforming amendments.--Section 315(c) of such
Act (52 U.S.C. 30116(c)) is amended--
(i) in paragraph (1)(B)(i), by striking ``,
(b)''; and
(ii) in paragraph (2)(B)(i), by striking
``subsections (b) and (d)'' and inserting
``subsection (d)''.
(2) Repeal of repayment requirement.--
(A) In general.--Section 9007(b) of the Internal
Revenue Code of 1986 is amended by striking paragraph
(2) and redesignating paragraphs (3), (4), and (5) as
paragraphs (2), (3), and (4), respectively.
(B) Conforming amendment.--Paragraph (2) of section
9007(b) of such Code, as redesignated by subparagraph
(A), is amended--
(i) by striking ``a major party'' and
inserting ``a party'';
(ii) by inserting ``qualified contributions
and'' after ``contributions (other than''; and
(iii) by striking ``(other than qualified
campaign expenses with respect to which payment
is required under paragraph (2))''.
(3) Criminal penalties.--
(A) Repeal of penalty for excess expenses.--Section
9012 of the Internal Revenue Code of 1986 is amended by
striking subsection (a).
(B) Penalty for acceptance of disallowed
contributions; application of same penalty for
candidates of major, minor, and new parties.--
Subsection (b) of section 9012 of such Code is amended
to read as follows:
``(b) Contributions.--
``(1) 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--
``(A) any contribution other than a qualified
campaign contribution to defray qualified campaign
expenses, except to the extent necessary to make up any
deficiency in payments received out of the fund on
account of the application of section 9006(c); or
``(B) any contribution to defray expenses which
would be qualified campaign expenses but for
subparagraph (C) of section 9002(11).
``(2) Penalty.--Any person who violates paragraph (1) shall
be fined not more than $5,000, or imprisoned not more than one
year, or both. In the case of a violation by an authorized
committee, any officer or member of such committee who
knowingly and willfully consents to such violation shall be
fined not more than $5,000, or imprisoned not more than one
year, or both.''.
SEC. 773. MATCHING PAYMENTS AND OTHER MODIFICATIONS TO PAYMENT AMOUNTS.
(a) In General.--
(1) Amount of payments; application of same amount for
candidates of major, minor, and new parties.--Subsection (a) of
section 9004 of the Internal Revenue Code of 1986 is amended to
read as follows:
``(a) In General.--Subject to the provisions of this chapter, the
eligible candidates of a party in a Presidential election shall be
entitled to equal payment under section 9006 in an amount equal to 600
percent of the amount of each matchable contribution received by such
candidate or by the candidate's authorized committees (disregarding any
amount of contributions from any person to the extent that the total of
the amounts contributed by such person for the election exceeds $200),
except that total amount to which a candidate is entitled under this
paragraph shall not exceed $250,000,000.''.
(2) Repeal of separate limitations for candidates of minor
and new parties; inflation adjustment.--Subsection (b) of
section 9004 of such Code is amended to read as follows:
``(b) Inflation Adjustment.--
``(1) In general.--In the case of any applicable period
beginning after 2029, the $250,000,000 dollar amount in
subsection (a) shall be increased by an amount equal to--
``(A) such dollar amount; multiplied by
``(B) the cost-of-living adjustment determined
under section 1(f)(3) for the calendar year following
the year which such applicable period begins,
determined by substituting `calendar year 2028' for
`calendar year 1992' in subparagraph (B) thereof.
``(2) Applicable period.--For purposes of this subsection,
the term `applicable period' means the 4-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 election.
``(3) Rounding.--If any amount as adjusted under paragraph
(1) is not a multiple of $10,000, such amount shall be rounded
to the nearest multiple of $10,000.''.
(3) Conforming amendment.--Section 9005(a) of such Code is
amended by adding at the end the following new sentence: ``The
Commission shall make such additional certifications as may be
necessary to receive payments under section 9004.''.
(b) Matchable Contribution.--Section 9002 of such Code, as amended
by section 772(b), is amended by adding at the end the following new
paragraph:
``(14) Matchable contribution.--The term `matchable
contribution' means, with respect to the election to the office
of President of the United States, 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--
``(A) the individual making such contribution has
not made aggregate contributions (including such
matchable contribution) to such candidate and the
authorized committees of such candidate in excess of
$1,000 for the election;
``(B) such candidate and the authorized committees
of such candidate will not accept contributions from
such individual (including such matchable contribution)
aggregating more than the amount described in
subparagraph (A) with respect to such election; and
``(C) such contribution was a direct contribution
(as defined in section 9034(c)(3)).''.
SEC. 774. INCREASE IN LIMIT ON COORDINATED PARTY EXPENDITURES.
(a) In General.--Section 315(d)(2) of the Federal Election Campaign
Act of 1971 (52 U.S.C. 30116(d)(2)) is amended to read as follows:
``(2)(A) 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 $100,000,000.
``(B) For purposes of this paragraph--
``(i) 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
party; and
``(ii) 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 election.
``(C) 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 States.''.
(b) Conforming Amendments Relating to Timing of Cost-of-Living
Adjustment.--
(1) In general.--Section 315(c)(1) of such Act (52 U.S.C.
30116(c)(1)) is amended--
(A) in subparagraph (B), by striking ``(d)'' and
inserting ``(d)(2)''; and
(B) by adding at the end the following new
subparagraph:
``(D) In any calendar year after 2028--
``(i) the dollar amount in subsection (d)(2) shall be
increased by the percent difference determined under
subparagraph (A);
``(ii) the amount so increased shall remain in effect for
the calendar year; and
``(iii) if the amount after adjustment under clause (i) is
not a multiple of $100, such amount shall be rounded to the
nearest multiple of $100.''.
(2) Base year.--Section 315(c)(2)(B) of such Act (52 U.S.C.
30116(c)(2)(B)) is amended--
(A) in clause (i)--
(i) by striking ``(d)'' and inserting
``(d)(3)''; and
(ii) by striking ``and'' at the end;
(B) in clause (ii), by striking the period at the
end and inserting ``; and''; and
(C) by adding at the end the following new clause:
``(iii) for purposes of subsection (d)(2), calendar
year 2027.''.
SEC. 775. ESTABLISHMENT OF UNIFORM DATE FOR RELEASE OF PAYMENTS.
(a) Date for Payments.--
(1) In general.--Section 9006(b) of the Internal Revenue
Code of 1986 is amended to read as follows:
``(b) Payments From the Fund.--If the Secretary of the Treasury
receives a certification from the Commission under section 9005 for
payment to the eligible candidates of a political party, the Secretary
shall pay to such candidates out of the fund the amount certified by
the Commission on the later of--
``(1) the last Friday occurring before the first Monday in
September; or
``(2) 24 hours after receiving the certifications for the
eligible candidates of all major political parties.
Amounts paid to any such candidates shall be under the control of such
candidates.''.
(2) Conforming amendment.--The first sentence of section
9006(c) of such Code is amended by striking ``the time of a
certification by the Commission under section 9005 for
payment'' and inserting ``the time of making a payment under
subsection (b)''.
(b) Time for Certification.--Section 9005(a) of the Internal
Revenue Code of 1986 is amended by striking ``10 days'' and inserting
``24 hours''.
SEC. 776. AMOUNTS IN PRESIDENTIAL ELECTION CAMPAIGN FUND.
Section 9006(c) of the Internal Revenue Code of 1986 is amended by
adding at the end the following new sentence: ``In making a
determination of whether there are insufficient moneys in the fund for
purposes of the previous sentence, 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 year, except that the
amount of the estimate may not exceed the average of the annual amounts
deposited in the fund during the previous 3 years.''.
SEC. 777. USE OF GENERAL ELECTION PAYMENTS FOR GENERAL ELECTION LEGAL
AND ACCOUNTING COMPLIANCE.
Section 9002(11) of the Internal Revenue Code of 1986 is amended by
adding at the end the following new sentence: ``For purposes of
subparagraph (A), 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
candidate.''.
SEC. 778. USE OF FREEDOM FROM INFLUENCE FUND AS SOURCE OF PAYMENTS.
(a) In General.--Chapter 95 of subtitle H of the Internal Revenue
Code of 1986 is amended by adding at the end the following new section:
``SEC. 9013. USE OF FREEDOM FROM INFLUENCE FUND AS SOURCE OF PAYMENTS.
``(a) In General.--Effective with respect to the Presidential
election held in 2028 and each succeeding Presidential election, the
Secretary of the Treasury shall transfer from the Freedom From
Influence Fund established under section 502 of the Federal Election
Campaign Act of 1971 to the Presidential Election Campaign Fund such
additional amounts as are necessary to make payments pursuant to
sections 9006(b) and 9008(j).
``(b) Mandatory Reduction of Amount Transferred in Case of
Insufficient Amounts in Fund.--
``(1) Advance audits by commission.--Not later than 90 days
before the first day of each Presidential election cycle
(beginning with the cycle for the election held in 2028), the
Commission shall--
``(A) audit the Freedom From Influence Fund to
determine whether, after first making payments to
participating candidates under title V of the Federal
Election Campaign Act of 1971 and then making payments
to candidates under chapter 96, the amounts remaining
in the Freedom From Influence Fund (in addition to
amounts otherwise available in the Presidential
Election Campaign Fund under section 9006(a)) will be
sufficient to make payments under this chapter in the
amounts provided under this chapter during such
election cycle; and
``(B) submit a report to Congress describing the
results of the audit.
``(2) Reductions in amount transferred.--
``(A) Automatic reduction.--If, on the basis of the
audit described in paragraph (1), 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 not, or may not
be, sufficient to satisfy the full entitlements to
payments under this chapter for such cycle, the
Commission shall reduce the amount transferred under
subsection (a) 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 cycle.
``(B) Restoration of reductions in case of
availability of sufficient funds during election
cycle.--If, after reducing the amount transferred with
respect to an election cycle under subparagraph (A),
the Commission determines that there are sufficient
amounts in the Fund to restore the amount by which such
amounts were reduced (or any portion thereof), to the
extent that such amounts are available, the Commission
may provide for the transfer with respect to the
election cycle of the amount by which such transfer was
reduced under subparagraph (A) (or any portion thereof,
as the case may be).
``(C) 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 paragraph, moneys shall not be made
available from any other source for the purpose of
transferring funds pursuant to this section.
``(3) No effect on amounts transferred for pediatric
research initiative.--This section does not apply to the
transfer of funds under section 9008(i).
``(4) Presidential election cycle defined.--In this
section, the term `Presidential election cycle' means, with
respect to a Presidential election, the period beginning on the
day after the date of the previous Presidential general
election and ending on the date of the Presidential
election.''.
(b) Conforming Amendments.--Section 9006 of the Internal Revenue
Code of 1986 is amended--
(1) in subsection (a), by adding at the end the following
new sentence: ``In addition to any amounts transferred to the
fund under the preceding provisions of this subsection, with
respect to the Presidential election held in 2028 and each
succeeding Presidential election, the Secretary of the Treasury
shall make transfers to the fund as described in section
9013.''; and
(2) in subsection (c), as amended by section 776, in the
third sentence, by striking ``9037(b)'' and inserting
``9008(j)''.
(c) Clerical Amendment.--The table of sections for chapter 95 of
subtitle H of such Code is amended by adding at the end the following
new item:
``Sec. 9013. Use of Freedom From Influence Fund as source of
payments.''.
Subpart C--Presidential Nominating Conventions
SEC. 779. PAYMENTS FOR PRESIDENTIAL NOMINATING CONVENTIONS.
(a) In General.--Section 9008 of the Internal Revenue Code of 1986
is amended--
(1) in subsection (i)--
(A) in paragraph (1) by striking ``the
entitlement'' and inserting ``subject to subsection
(j), the entitlement'';
(B) in paragraph (2), by striking ``maintained
for'' and all that follows through ``under this
section''; and
(2) by adding at the end the following new subsection:
``(j) Reestablishment of Payments.--
``(1) In general.--Notwithstanding subsection (i)(1),
effective with respect to nominating conventions for the
Presidential election held in 2028 and each succeeding
Presidential election, a major party or minor party shall be
entitled to a payment under this section.
``(2) Establishment of accounts.--The Secretary shall
maintain in the fund, in addition to any account which the
Secretary maintains under section 9006(a) or subsection (a), a
separate account for the national committee of each major party
and minor party. The Secretary shall deposit in each such
account an amount equal to the amount which each such committee
may receive under subsection (b). Such deposits shall be drawn
from amounts transferred under section 9013(a) and shall be
made before any transfer is made to any account for any
eligible candidate under section 9006(a).''.
(b) Reports by Federal Election Commission.--Section 9009(a) of the
Internal Revenue Code of 1986 is amended--
(1) in paragraph (2), by striking ``and'' at the end;
(2) in paragraph (3), by striking the period at the end and
inserting a semicolon; and
(3) by adding at the end the following new paragraphs:
``(4) the expenses incurred by the national committee of a
major party or minor party with respect to a presidential
nominating convention;
``(5) the amounts certified by it under section 9008(g) for
payment to each such committee; and
``(6) the amount of payments, if any, required from such
committees under section 9008(h), and the reasons for such
payment.''.
(c) Penalties.--Section 9012 of the Internal Revenue Code of 1986
is amended--
(1) in subsection (a)(1), by inserting the following after
the first sentence: ``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 9008(d)
or for any host committee knowingly and willfully to incur such
expenses in excess of such expenditure limitation, unless the
incurring of such expenses is authorized by the Commission
under section 9008(d)(3).'';
(2) in subsection (c), by redesignating paragraph (2) as
paragraph (3) and inserting the following after paragraph (1):
``(3) It shall be unlawful for the national committee of a
major party or minor party which receives any payment under
section 9008(b)(3) to use, or authorize the use of, such
payment for any purpose other than a purpose authorized by
section 9008(c).'';
(3) in subsection (e)(1), by adding at the end the
following new sentence: ``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
convention.''; and
(4) in subsection (e)(3), by inserting ``, 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 committees''.
(d) Conforming Amendments.--Section 9008 of the Internal Revenue
Code of 1986 is amended--
(1) in subsection (a)--
(A) in the first sentence, by striking ``national
committee of each major party and minor party'' and
inserting ``amounts transferred under subsection
(i)(2)'';
(B) in the second sentence, 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 (b)'';
(2) in subsection (b)(3), by striking ``subsection (a)''
and inserting ``subsection (j)''; and
(3) in subsection (i)(2), by striking ``all amounts'' and
all that follows through ``minor party'' and inserting ``all
amounts in the account established under subsection (a)''.
(e) Clarification Regarding Amounts for Pediatric Research
Initiative.--Nothing in the provisions of, or amendments made by, this
section shall affect amounts transferred to the 10-Year Pediatric
Research Initiative Fund pursuant to section 9008(i)(2) of the Internal
Revenue Code of 1986.
Subpart D--Effective Date
SEC. 779A. EFFECTIVE DATE.
(a) In General.--Except as otherwise provided, this part and the
amendments made by this part shall apply with respect to the
Presidential election held in 2028 and each succeeding Presidential
election, 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 (b).
(b) Deadline for Regulations.--Not later than June 30, 2026, the
Federal Election Commission shall promulgate such regulations as may be
necessary to carry out this part and the amendments made by this part.
Subtitle D--Enhancing FEC Enforcement
SEC. 781. MEMBERSHIP OF FEDERAL ELECTION COMMISSION.
(a) Reduction in Number of Members; Removal of Secretary of Senate
and Clerk of House as Ex Officio Members.--
(1) In general; quorum.--Section 306(a)(1) of the Federal
Election Campaign Act of 1971 (52 U.S.C. 30106(a)(1)) is
amended by striking the second and third sentences and
inserting the following: ``The Commission is composed of 5
members appointed by the President by and with the advice and
consent of the Senate, of whom no more than 2 may be affiliated
with the same political party. A member shall be treated as
affiliated with a political party if the member was affiliated,
including as a registered voter, employee, consultant, donor,
officer, or attorney, with such political party or any of its
candidates or elected public officials at any time during the
5-year period ending on the date on which such individual is
nominated to be a member of the Commission. A majority of the
number of members of the Commission who are serving at the time
shall constitute a quorum, except that 3 members shall
constitute a quorum if there are 4 members serving at the
time.''.
(2) Conforming amendments relating to reduction in number
of members.--(A) The second sentence of section 306(c) of such
Act (52 U.S.C. 30106(c)) is amended by striking ``affirmative
vote of 4 members of the Commission'' and inserting
``affirmative vote of a majority of the members of the
Commission who are serving at the time''.
(B) Such Act is further amended by striking ``affirmative
vote of 4 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 sections:
(i) Section 309(a)(2) (52 U.S.C. 30109(a)(2)).
(ii) Section 309(a)(4)(A)(i) (52 U.S.C.
30109(a)(4)(A)(i)).
(iii) Section 309(a)(5)(C) (52 U.S.C.
30109(a)(5)(C)).
(iv) Section 309(a)(6)(A) (52 U.S.C.
30109(a)(6)(A)).
(v) Section 311(b) (52 U.S.C. 30111(b)).
(3) Conforming amendment relating to removal of ex officio
members.--Section 306(a) of such Act (52 U.S.C. 30106(a)) is
amended by striking ``(other than the Secretary of the Senate
and the Clerk of the House of Representatives)'' each place it
appears in paragraphs (4) and (5).
(b) Terms of Service.--Section 306(a)(2) of such Act (52 U.S.C.
30106(a)(2)) is amended to read as follows:
``(2) Terms of service.--
``(A) In general.--Each member of the Commission
shall serve for a single term of 6 years.
``(B) Special rule for initial appointments.--Of
the members first appointed to serve terms that begin
in January 2022, the President shall designate 2 to
serve for a 3-year term.
``(C) No reappointment permitted.--An individual
who served a term as a member of the Commission may not
serve for an additional term, except that--
``(i) an individual who served a 3-year
term under subparagraph (B) may also be
appointed to serve a 6-year term under
subparagraph (A); and
``(ii) for purposes of this subparagraph,
an individual who is appointed to fill a
vacancy under subparagraph (D) shall not be
considered to have served a term if the portion
of the unexpired term the individual fills is
less than 50 percent of the period of the term.
``(D) Vacancies.--Any vacancy occurring in the
membership of the Commission shall be filled in the
same manner as in the case of the original appointment.
Except as provided in subparagraph (C), 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
succeeds.
``(E) 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 period, but only until the
earlier of--
``(i) the date on which the member's
successor has taken office as a member of the
Commission; or
``(ii) the expiration of the 1-year period
that begins on the last day of the member's
term.''.
(c) Qualifications.--Section 306(a)(3) of such Act (52 U.S.C.
30106(a)(3)) is amended to read as follows:
``(3) Qualifications.--
``(A) 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 integrity, impartiality, and
good judgment.
``(B) Assistance of blue ribbon advisory panel.--
``(i) 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 term, the
President shall convene a Blue Ribbon Advisory
Panel, 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
judges, former law enforcement officials, or
individuals with experience in election law,
except that the President may not select any
individual to serve on the panel who holds any
public office at the time of selection. The
President shall also make reasonable efforts to
encourage racial, ethnic, and gender diversity
on the panel.
``(ii) Recommendations.--With respect to
each member of the Commission whose term is
expiring or each vacancy in the membership of
the Commission (as the case may be), the Blue
Ribbon Advisory Panel shall recommend to the
President at least one but not more than 3
individuals for nomination for appointment as a
member of the Commission.
``(iii) Publication.--At the time the
President submits to the Senate the nominations
for individuals to be appointed as members of
the Commission, the President shall publish the
Blue Ribbon Advisory Panel's recommendations
for such nominations.
``(iv) Exemption from federal advisory
committee act.--The Federal Advisory Committee
Act (5 U.S.C. App.) does not apply to a Blue
Ribbon Advisory Panel convened under this
subparagraph.
``(C) Prohibiting engagement with other business or
employment during service.--A member of the Commission
shall not engage in any other business, vocation, or
employment. Any individual who is engaging in any other
business, vocation, or employment at the time of his or
her appointment to the Commission shall terminate or
liquidate such activity no later than 90 days after
such appointment.''.
SEC. 782. ASSIGNMENT OF POWERS TO CHAIR OF FEDERAL ELECTION COMMISSION.
(a) Appointment of Chair by President.--
(1) In general.--Section 306(a)(5) of the Federal Election
Campaign Act of 1971 (52 U.S.C. 30106(a)(5)) is amended to read
as follows:
``(5) Chair.--
``(A) Initial appointment.--Of the members first
appointed to serve terms that begin in January 2022,
one such member (as designated by the President at the
time the President submits nominations to the Senate)
shall serve as Chair of the Commission.
``(B) Subsequent appointments.--Any individual who
is appointed to succeed the member who serves as Chair
of the Commission for the term beginning in January
2022 (as well as any individual who is appointed to
fill a vacancy if such member does not serve a full
term as Chair) shall serve as Chair of the Commission.
``(C) Vice chair.--The Commission shall select, by
majority vote of its members, one of its members to
serve as Vice Chair, who shall act as Chair in the
absence or disability of the Chair or in the event of a
vacancy in the position of Chair.''.
(2) Conforming amendment.--Section 309(a)(2) of such Act
(52 U.S.C. 30109(a)(2)) is amended by striking ``through its
chairman or vice chairman'' and inserting ``through the
Chair''.
(b) Powers.--
(1) Assignment of certain powers to chair.--Section 307(a)
of such Act (52 U.S.C. 30107(a)) is amended to read as follows:
``(a) Distribution of Powers Between Chair and Commission.--
``(1) Powers assigned to chair.--
``(A) 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 staff, and (in
consultation with the other members of the Commission)
shall have the power--
``(i) to appoint and remove the staff
director of the Commission;
``(ii) to request the assistance (including
personnel and facilities) of other agencies and
departments of the United States, whose heads
may make such assistance available to the
Commission with or without reimbursement; and
``(iii) to prepare and establish the budget
of the Commission and to make budget requests
to the President, the Director of the Office of
Management and Budget, and Congress.
``(B) Other powers.--The Chair of the Commission
shall have the power--
``(i) to appoint and remove the general
counsel of the Commission with the concurrence
of at least 2 other members of the Commission;
``(ii) to require by special or general
orders, any person to submit, under oath, such
written reports and answers to questions as the
Chair may prescribe;
``(iii) to administer oaths or
affirmations;
``(iv) to require by subpoena, signed by
the Chair, the attendance and testimony of
witnesses and the production of all documentary
evidence relating to the execution of its
duties;
``(v) in any proceeding or investigation,
to order testimony to be taken by deposition
before any person who is designated by the
Chair, and shall have the power to administer
oaths and, in such instances, to compel
testimony and the production of evidence in the
same manner as authorized under clause (iv);
and
``(vi) to pay witnesses the same fees and
mileage as are paid in like circumstances in
the courts of the United States.
``(2) Powers assigned to commission.--The Commission shall
have the power--
``(A) to initiate (through civil actions for
injunctive, declaratory, or other appropriate relief),
defend (in the case of any civil action brought under
section 309(a)(8) of this Act) or appeal (including a
proceeding before the Supreme Court on certiorari) any
civil action in the name of the Commission to enforce
the provisions of this Act and chapter 95 and chapter
96 of the Internal Revenue Code of 1986, through its
general counsel;
``(B) to render advisory opinions under section 308
of this Act;
``(C) to develop such prescribed forms and to make,
amend, and repeal such rules, pursuant to the
provisions of chapter 5 of title 5, United States Code,
as are necessary to carry out the provisions of this
Act and chapter 95 and chapter 96 of the Internal
Revenue Code of 1986;
``(D) to conduct investigations and hearings
expeditiously, to encourage voluntary compliance, and
to report apparent violations to the appropriate law
enforcement authorities; and
``(E) to transmit to the President and Congress not
later than June 1 of each year a report which states in
detail the activities of the Commission in carrying out
its duties under this Act, and which includes any
recommendations for any legislative or other action the
Commission considers appropriate.
``(3) Permitting commission to exercise other powers of
chair.--With respect to any investigation, action, or
proceeding, the Commission, by an affirmative vote of a
majority of the members who are serving at the time, may
exercise any of the powers of the Chair described in paragraph
(1)(B).''.
(2) Conforming amendments relating to personnel
authority.--Section 306(f) of such Act (52 U.S.C. 30106(f)) is
amended--
(A) by amending the first sentence of paragraph (1)
to read as follows: ``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 members.'';
(B) in paragraph (2), by striking ``With the
approval of the Commission'' and inserting ``With the
approval of the Chair of the Commission''; and
(C) by striking paragraph (3).
(3) Conforming amendment relating to budget submission.--
Section 307(d)(1) of such Act (52 U.S.C. 30107(d)(1)) is
amended by striking ``the Commission submits any budget'' and
inserting ``the Chair (or, pursuant to subsection (a)(3), the
Commission) submits any budget''.
(4) Other conforming amendments.--Section 306(c) of such
Act (52 U.S.C. 30106(c)) is amended by striking ``All
decisions'' and inserting ``Subject to section 307(a), all
decisions''.
(5) Technical amendment.--The heading of section 307 of
such Act (52 U.S.C. 30107) is amended by striking ``the
commission'' and inserting ``the chair and the commission''.
SEC. 783. REVISION TO ENFORCEMENT PROCESS.
(a) Standard for Initiating Investigations and Determining Whether
Violations Have Occurred.--
(1) Revision of standards.--Section 309(a) of the Federal
Election Campaign Act of 1971 (52 U.S.C. 30109(a)) is amended
by striking paragraphs (2) and (3) and inserting the following:
``(2)(A) The general counsel, upon receiving a complaint filed with
the Commission under paragraph (1) or upon the basis of information
ascertained by the Commission in the normal course of carrying out its
supervisory responsibilities, shall make a determination as to whether
or not there is reason to believe that a person has committed, or is
about to commit, a violation of this Act or chapter 95 or chapter 96 of
the Internal Revenue Code of 1986, and as to whether or not the
Commission should either initiate an investigation of the matter or
that the complaint should be dismissed. The general counsel shall
promptly provide notification to the Commission of such determination
and the reasons therefore, together with any written response submitted
under paragraph (1) by the person alleged to have committed the
violation. Upon the expiration of the 30-day period which begins on the
date the general counsel provides such notification, the general
counsel's determination shall take effect, unless during such 30-day
period the Commission, by vote of a majority of the members of the
Commission who are serving at the time, overrules the general counsel's
determination. If the determination by the general counsel that the
Commission should investigate the matter takes effect, or if the
determination by the general counsel that the complaint should be
dismissed is overruled as provided under the previous sentence, the
general counsel shall initiate an investigation of the matter on behalf
of the Commission.
``(B) If the Commission initiates an investigation pursuant to
subparagraph (A), the Commission, through the Chair, shall notify the
subject of the investigation of the alleged violation. Such
notification shall set forth the factual basis for such alleged
violation. The Commission shall make an investigation of such alleged
violation, which may include a field investigation or audit, in
accordance with the provisions of this section. 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
investigation. Upon the expiration of the 15-day period which begins on
the date the general counsel provides such notification, the general
counsel may issue the subpoena or conduct the discovery, unless during
such 15-day period the Commission, by vote of a majority of the members
of the Commission who are serving at the time, prohibits the general
counsel from issuing the subpoena or conducting the discovery.
``(3)(A) Upon completion of an investigation under paragraph (2),
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 committed, or is about to commit, a violation of this Act or
chapter 95 or chapter 96 of the Internal Revenue Code of 1986, and
shall include with the recommendation a brief stating the position of
the general counsel on the legal and factual issues of the case.
``(B) At the time the general counsel submits to the Commission the
recommendation under subparagraph (A), the general counsel shall
simultaneously notify the respondent of such recommendation and the
reasons therefore, shall provide the respondent with an opportunity to
submit a brief within 30 days stating the position of the respondent on
the legal and factual issues of the case and replying to the brief of
the general counsel. The general counsel shall promptly submit such
brief to the Commission upon receipt.
``(C) Not later than 30 days after the general counsel submits the
recommendation to the Commission under subparagraph (A) (or, if the
respondent submits a brief under subparagraph (B), not later than 30
days after the general counsel submits the respondent's brief to the
Commission under such subparagraph), the Commission shall approve or
disapprove the recommendation by vote of a majority of the members of
the Commission who are serving at the time.''.
(2) Conforming amendment relating to initial response to
filing of complaint.--Section 309(a)(1) of such Act (52 U.S.C.
30109(a)(1)) is amended--
(A) in the third sentence, by striking ``the
Commission'' and inserting ``the general counsel''; and
(B) by amending the fourth sentence to read as
follows: ``Not later than 15 days after receiving
notice from the general counsel under the previous
sentence, 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 complaint.''.
(b) Revision of Standard for Review of Dismissal of Complaints.--
(1) In general.--Section 309(a)(8) of such Act (52 U.S.C.
30109(a)(8)) is amended to read as follows:
``(8)(A)(i) 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 to believe a
violation has occurred may file a petition with the United States
District Court for the District of Columbia. Any petition under this
subparagraph shall be filed within 60 days after the date on which the
party received notice of the dismissal of the complaint.
``(ii) In any proceeding under this subparagraph, the court shall
determine by de novo review whether the agency's dismissal of the
complaint is contrary to law. In any matter in which the penalty for
the alleged violation is greater than $50,000, the court should
disregard any claim or defense by the Commission of prosecutorial
discretion as a basis for dismissing the complaint.
``(B)(i) Any party who has filed a complaint with the Commission
and who is aggrieved by a failure of the Commission, within 180 days
after the filing of the complaint, to either dismiss the complaint or
to find reason to believe a violation has occurred or is about to
occur, may file a petition with the United States District Court for
the District of Columbia.
``(ii) In any proceeding under this subparagraph, the court shall
treat the failure to act on the complaint as a dismissal of the
complaint, and shall determine by de novo review whether the agency's
failure to act on the complaint is contrary to law.
``(C) In any proceeding under this paragraph the court may declare
that the dismissal of the complaint or the failure to act is contrary
to law, and may direct the Commission to conform with such declaration
within 30 days, failing which the complainant may bring, in the name of
such complainant, a civil action to remedy the violation involved in
the original complaint.''.
(2) Effective date.--The amendments made by paragraph (1)
shall apply--
(A) in the case of complaints which are dismissed
by the Federal Election Commission, with respect to
complaints which are dismissed on or after the date of
the enactment of this Act; and
(B) in the case of complaints upon which the
Federal Election Commission failed to act, with respect
to complaints which were filed on or after the date of
the enactment of this Act.
SEC. 784. PERMITTING APPEARANCE AT HEARINGS ON REQUESTS FOR ADVISORY
OPINIONS BY PERSONS OPPOSING THE REQUESTS.
(a) In General.--Section 308 of such Act (52 U.S.C. 30108) is
amended by adding at the end the following new subsection:
``(e) To the extent that the Commission provides an opportunity for
a person requesting an advisory opinion under this section (or counsel
for such person) to appear before the Commission to present testimony
in support of the request, and the person (or counsel) accepts such
opportunity, the Commission shall provide a reasonable opportunity for
an interested party who submitted written comments under subsection (d)
in response to the request (or counsel for such interested party) to
appear before the Commission to present testimony in response to the
request.''.
(b) Effective Date.--The amendment made by subsection (a) shall
apply with respect to requests for advisory opinions under section 308
of the Federal Election Campaign Act of 1971 which are made on or after
the date of the enactment of this Act.
SEC. 785. PERMANENT EXTENSION OF ADMINISTRATIVE PENALTY AUTHORITY.
(a) Extension of Authority.--Section 309(a)(4)(C)(v) of the Federal
Election Campaign Act of 1971 (52 U.S.C. 30109(a)(4)(C)(v)), as amended
by Public Law 115-386, is amended by striking ``, and that end on or
before December 31, 2023''.
(b) Effective Date.--The amendment made by subsection (a) shall
take effect on December 31, 2018.
SEC. 786. REQUIRING FORMS TO PERMIT USE OF ACCENT MARKS.
(a) Requirement.--Section 311(a)(1) of the Federal Election
Campaign Act of 1971 (52 U.S.C. 30111(a)(1)) is amended by striking the
semicolon at the end and inserting the following: ``, and shall ensure
that all such forms (including forms in an electronic format) permit
the person using the form to include an accent mark as part of the
person's identification;''.
(b) Effective Date.--The amendment made by subsection (a) shall
take effect upon the expiration of the 90-day period which begins on
the date of the enactment of this Act.
SEC. 787. RESTRICTIONS ON EX PARTE COMMUNICATIONS.
Section 306(e) of the Federal Election Campaign Act of 1971 (52
U.S.C. 30106(e)) is amended--
(1) by striking ``(e) The Commission'' and inserting
``(e)(1) The Commission''; and
(2) by adding at the end the following new paragraph:
``(2) Members and employees of the Commission shall be subject to
limitations on ex parte communications, as provided in the regulations
promulgated by the Commission regarding such communications which are
in effect on the date of the enactment of this paragraph.''.
SEC. 788. CLARIFYING AUTHORITY OF FEC ATTORNEYS TO REPRESENT FEC IN
SUPREME COURT.
(a) Clarifying Authority.--Section 306(f)(4) of the Federal
Election Campaign Act of 1971 (52 U.S.C. 30106(f)(4)) is amended by
striking ``any action instituted under this Act, either (A) by
attorneys'' and inserting ``any action instituted under this Act,
including an action before the Supreme Court of the United States,
either (A) by the General Counsel of the Commission and other
attorneys''.
(b) Effective Date.--The amendment made by paragraph (1) shall
apply with respect to actions instituted before, on, or after the date
of the enactment of this Act.
SEC. 789. EFFECTIVE DATE; TRANSITION.
(a) In General.--Except as otherwise provided, the amendments made
by this subtitle shall apply beginning January 1, 2022.
(b) Transition.--
(1) Termination of service of current members.--
Notwithstanding any provision of the Federal Election Campaign
Act of 1971, the term of any individual serving as a member of
the Federal Election Commission as of December 31, 2021, shall
expire on that date.
(2) 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 31, 2021, including any
investigation initiated by the Commission prior to such date or
any proceeding (including any enforcement action) pending as of
such date.
Subtitle E--Miscellaneous
SEC. 791. COMPTROLLER GENERAL REPORT AND BRIEFING ON CAMPAIGN DONATIONS
BY NOMINEES BEFORE THE SENATE.
(a) In General.--Not later than one year after the date of the
enactment of this Act, the Comptroller General of the United States
shall--
(1) 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 positions,
including judicial nominees; and
(2) provide a briefing to such committees on such
contributions.
(b) Contents of Report.--The report submitted under subsection
(a)(1) shall include--
(1) a review of the frequency and amount of such
contributions made to Members of the Senate by such
individuals, both directly and through political committees and
other vehicles with substantial connections to the individual
or the Member, over the past 5 legislative sessions, 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 position; and
(2) 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 Senate.
(c) Definitions.--In this section, the terms ``contribution'' and
``political committee'' have the meaning given those terms in section
301 of the Federal Election Campaign Act of 1971 (52 U.S.C. 30101).
SEC. 792. EFFECTIVE DATE.
Except as otherwise provided in this title, the provisions of, and
amendments made by, this title shall take effect on the date that is
one year after the date of enactment of this Act, and shall apply with
respect to elections for Federal office occurring on or after such
date, without regard to whether or not the Federal Election Commission
has promulgated regulations to carry out such amendments.
SEC. 793. SEVERABILITY.
If any provision of this title or amendment made by this title, or
the application of a provision or amendment to any person or
circumstance, is held to be unconstitutional, the remainder of this
title and amendments made by this title, and the application of the
provisions and amendment to any person or circumstance, shall not be
affected by the holding.
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