Warren BILL To improve the anti-corruption and public integrity laws, and for other purposes

HEN20B91 32X

S.L.C.

S. ll
To improve the anti-corruption and public integrity laws, and for other

purposes.

IN THE SENATE OF THE UNITED STATES

llllllllll

Ms. WARREN introduced the following bill; which was read twice and referred to the Committee on llllllllll

116TH CONGRESS 2D SESSION

page1image1433983584 page1image1433983856

1 2 3 4 5 6 7

A BILL

To improve the anti-corruption and public integrity laws, and for other purposes.

Be it enacted by the Senate and House of Representa- tives 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

HEN20B91 32X

S.L.C.

Sec. 101. Sec. 102. Sec. 103. Sec. 104. Sec. 105.

Sec. 106. Sec. 107. Sec. 108. Sec. 109. Sec. 110.

Sec. 111. Sec. 112.

Sec. 113. Sec. 114. Sec. 115. Sec. 116. Sec. 117. Sec. 118. Sec. 119. Sec. 120.

Sec. 121. Sec. 122.

2
Subtitle A—Conflicts of Interest

Definitions.
Lobbyist ban.
Executive branch conflicts of interest law expansions.
Legislative branch conflicts of interest law expansions.
Conflicts of interest rules for all senior government officials and non-

conflicted Federal employee investment accounts. Post-Employment restrictions.
Golden parachutes ban.
General public integrity rules.

Legal expense funds. Penalties.

Subtitle B—Presidential Conflicts of Interest

Short title.
Divestiture of personal financial interests of the President and Vice

President that pose a potential conflict of interest. Recusal of appointees.

Contracts by the President or Vice President.
Presidential transition ethics programs.
Criminality of the President or other senior government officials. Presidential obstruction of justice.
Sense of Congress regarding violations.
Rule of construction.
Severability.

Subtitle C—Strengthening Criminal Anti-corruption Laws

Bribery of public officials and witnesses.
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.

HEN20B91 32X

S.L.C.

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 rule making.
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

HEN20B91 32X

S.L.C.

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 Presi-

dents, 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 Fed- eral 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.

HEN20B91 32X

S.L.C.

Sec. 703. Sec. 704.

Sec. 711. Sec. 712.

Sec. 713. Sec. 714.

Repeal of restriction of use of funds by internal revenue service to bring transparency to political activity of certain nonprofit or- ganizations.

Repeal of revenue procedure that eliminated requirement to report in- formation regarding contributors to certain tax-exempt organi- zations.

PART II—REQUIREMENTS RELATING TO CORPORATIONS

Banning corporations from fundraising.
Banning contributions to members of Congress from corporations

under the jurisdiction of their committees. Corporate PAC ban.

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 pur-

pose 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 presi- dential 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 for- eign 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 sen- ate election campaigns.

HEN20B91 32X

S.L.C.

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 con-

tributions.
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 ac-

counting 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.

HEN20B91 32X

S.L.C.

1 2 3 4 5 6 7 8 9

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 IN- TEREST, 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 ‘‘cor- porate 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 en- tity’’ means any entity that is—

HEN20B91 32X

S.L.C.

1 2 3 4 5 6 7 8 9

8
(A)(i) a for-profit company; or

(ii) a bank holding company, a savings and loan holding company, or any other financial in- stitution; 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 sec-

tion 105 of title 5, United States Code; and (B) includes—

(i) the Executive Office of the Presi- dent and all components thereof, including the White House Office; and

(ii) the Office of the Vice President. (6) GROSS RECEIPTS.—The term ‘‘gross re- ceipts’’ 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.

HEN20B91 32X

S.L.C.

9
(8) QUALIFIED SMALL BUSINESS.—The term

2 ‘‘qualified small business’’ means a corporation,
3 company, firm, partnership, or other business enter-
4 prise, that has gross receipts for the previous tax-
5 able year of less than $5,000,000.
6 (9) SAVINGS AND LOAN HOLDING COMPANY.—
7 The term ‘‘savings and loan holding company’’ has
8 the meaning given the term in section 10(a) of the
9 Home Owners’ Loan Act (12 U.S.C. 1467a(a)).
10 (10) SENIOR EXECUTIVE.—The term ‘‘senior
11 executive’’ includes—
12 (A) a chief executive officer;
13 (B) a chief financial officer;
14 (C) a chief operating officer;
15 (D) a chief compliance officer;
16 (E) any senior government relationship of-
17 ficial; and
18 (F) any other senior executive, as deter-
19 mined by the Director of the Office of Public
20 Integrity.
21 (11) SENIOR GOVERNMENT OFFICIAL.—The
22 term ‘‘senior government official’’ means—
23 (A) any individual described in section
24 101(f) of the Ethics in Government Act of 1978
25 (5 U.S.C. App.), including—

HEN20B91 32X

S.L.C.

1 2 3 4 5 6 7 8 9

10
(i) any individual appointed to a posi-

tion 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 Presi- dent, including the White House Office, and in the Office of the Vice President; and

(iii) an individual employed in a posi- tion in the executive branch of the Govern- ment 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 appli- cation of this paragraph any individual, or group of individuals, who are in such posi- tions, but only in cases in which the Direc- tor determines such exclusion would not

HEN20B91 32X

S.L.C.

1 2 3 4 5 6 7 8 9

11
affect adversely the integrity of the Gov-

ernment 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 reg- istration 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 ac- cordance with section 4(d) of the Lobbying Dis-

HEN20B91 32X

S.L.C.

1 2 3 4 5 6 7 8 9

12
closure Act of 1995 (2 U.S.C. 1603(d)) or the

agent terminates his or her status, as applica- ble.

(B) CORPORATE LOBBYISTS.—No former registered corporate lobbyist may be hired as an officer or employee of an Executive agency dur- ing the 6-year period beginning on the date on which the registered corporate lobbyist termi- nates 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 sta- tus, 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 Exec- utive agency that requires the advice and consent of the Senate based on a compel-

ling national need.
(ii) OTHER POSITIONS.—The Presi-

dent 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

HEN20B91 32X

S.L.C.

1 2 3 4 5 6 7 8 9

13
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 appli- cable, brings unique and relevant ex- pertise such that it is not practical to find an alternative candidate with the same skill set; and

(III) with respect to a nomina- tion to a position described in clause (i)—

(aa)(AA) include a certifi- cation by the President that a search was conducted in good

HEN20B91 32X

S.L.C.

1 2 3 4 5 6 7 8 9

14
faith to find an alternative can-

didate with comparable qualifica- tions 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 posi- tion.

(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 termi- nates 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 sta- tus, as applicable.

(B) CORPORATE LOBBYISTS.—No former registered lobbyist or agent of a foreign prin-

HEN20B91 32X

S.L.C.

1 2 3 4 5 6 7 8 9

15
cipal 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 be- ginning on the date on which the registered cor- porate lobbyist terminates its registration in ac- cordance with section 4(d) of the Lobbying Dis- closure 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 em- ployee 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 na-

tional 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 Representa- tives, as applicable, and to the Office of Congressional Ethics;

HEN20B91 32X

S.L.C.

1 2 3 4 5 6 7 8 9

16
(II) be made publicly available

and searchable by the Office of Con- gressional Ethics within 30 days of issuance;

(III) include a justification made publicly available for why the reg- istered 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 Con- gressional 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 ap- plicable, 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

HEN20B91 32X

S.L.C.

1 2 3 4 5 6 7 8 9

17
Executive agency that awarded the contract or

Federal license during the 4-year period begin- ning on the date on which the employee termi- nates its employment with the entity.

(B) WAIVER.—The ban described in sub- paragraph (A) may be waived in accordance with subsection (a)(1)(C).
(2) SENIOR EXECUTIVES OF LAW-BREAKING

COMPANIES.—No former senior executive of a cov- ered entity may be an officer or employee of an Ex- ecutive 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 ac- tion 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 RE- STRICTIONS.—

‘‘(1) DEFINITION.—In this subsection and sub- section (f), the term ‘Executive agency’—

‘‘(A) has the meaning given the term in section 105 of title 5, United States Code; and

HEN20B91 32X

S.L.C.

1 2 3 4 5 6 7 8 9

18
‘‘(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 em- ployee of an Executive agency may own an in- terest in or trade (except a trade that is a di- vestment required or approved by the Director of the Office of Public Integrity or the des- ignated agency ethics official of the Executive agency that employs the individual for compli- ance with this section) any individual stock, bond, commodity, future, or other form of secu- rity, 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 offi- cial of the Executive agency that employs the individual) determines that the financial inter- ests of the officer or employee may be directly influenced by an action of the Executive agency.

‘‘(B) EXCEPTION.—Subparagraph (A) shall not apply to—

HEN20B91 32X

S.L.C.

1 2 3 4 5 6 7 8 9

19
‘‘(i) a widely held investment fund de-

scribed 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 Pub- lic 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 sub-

paragraph (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 agen- cy on a case-by-case basis if the Director—

‘‘(i) determines that there is no possi- bility for, or the appearance of, a conflict of interest; or

HEN20B91 32X

S.L.C.

20
‘‘(ii) approves a plan for necessary

1 2 3

4 ‘‘(f) RECUSAL REQUIREMENTS.—
5 ‘‘(1) IN GENERAL.—Except as provided in para-
6 graphs (2) and (3), each officer and employee of any
7 Executive agency shall not participate personally
8 and substantially as a Government officer or em-
9 ployee, through decision, approval, disapproval, rec-
10 ommendation, the rendering of advice, investigation,
11 or otherwise, in any particular matter, including an
12 adjudication, procurement, or rulemaking, that the
13 officer or employee knows has or is likely to have a
14 direct and predictable effect on the financial interest
15 of—

‘‘(A) any person for whom the officer or employee had, during the previous 4-year pe- riod, served as an officer, director, trustee, gen- eral partner, agent, attorney, consultant, con- tractor, employee, or direct competitor; or

‘‘(B) any organization other than a polit- ical organization described in section 527(e) of the Internal Revenue Code of 1986 in which the employee is an active participant.

recusals that ensures that no conflict of in- terest exists under this section.

HEN20B91 32X

S.L.C.

1 2 3 4 5 6 7 8 9

21
‘‘(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 em- ployee 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 Pub- lic Integrity may waive the requirements of this subsection for any officer or employee (except individuals described in subparagraph (C)(iii)).

HEN20B91 32X

S.L.C.

22
‘‘(B) LIMITATION.—Officers and employ-

ees may apply to the Director of Public Integ- rity for a waiver under this paragraph only if the individual agrees to comply with the Con- flicts 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—

1 2 3 4 5 6 7 8 9

24 violates this subsection shall be subject to the pen-
25 alties set forth in section 216 of this title.’’.

‘‘(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 ex- plaining why the waiver is in the national

interest; and
‘‘(iii) may not be granted if the indi-

vidual received a waiver under section 102(a)(1)(C) of the Anti-Corruption and Public Integrity Act.
‘‘(D) AUTHORITY OF DIRECTOR.—The Di-

rector of Public Integrity may deny a waiver under this paragraph for any reason.
‘‘(4) PENALTY.— An officer or employee who

HEN20B91 32X

S.L.C.

1 SEC. 104. LEGISLATIVE BRANCH CONFLICTS OF INTEREST
2 LAW EXPANSIONS.
3 (a) DIVESTMENT.—Except as provided in subsection
4 (e), no senior government official in the legislative branch
5 (including Members of Congress) may own an interest in
6 or trade (except as a divestment) any stock, bond, com-
7 modity, future, and other form of security, including an
8 interest in a hedge fund, a derivative, option, or other
9 complex investment vehicle.
10 (b) COMMITTEE STAFF RULE.—No officer or em-
11 ployee of a committee of either House of Congress may
12 maintain, own, or trade any substantial holdings (includ-
13 ing individual stocks and securities) which may be directly
14 affected by the actions of the committee for which the in-
15 dividual works, unless the Select Committee on Ethics of
16 the Senate or the Committee on Ethics of the House of
17 Representatives, as applicable, approves of such holdings
18 in writing after consultation with the supervisor of the of-
19 ficer or employee and the Office of Congressional Ethics.
20 (c) GENERAL CONFLICTS OF INTEREST RULE FOR
21 CONGRESSIONAL STAFF AND MEMBERS.—No Member,
22 officer, or employee of a committee or Member of either
23 House of Congress may knowingly use his or her official
24 position to introduce or aid the progress or passage of leg-
25 islation, a principal purpose of which is to further only
26 his or her pecuniary interest, only the pecuniary interest

HEN20B91 32X

S.L.C.

1 of his or her immediate family, or only the pecuniary inter-
2 est of a limited class of persons or enterprises, when he
3 or she, or his or her immediate family, or enterprises con-
4 trolled by them, are members of the affected class.
5 (d) GENERAL STOCK AND SECURITIES RULE.—An
6 officer or employee of a committee or Member of either
7 House of Congress, who is not a senior government em-
8 ployee covered by subsection (a), shall be in violation of
9 subsection (c) if—
10 (1) the officer or employee owns an interest in
11 or trades (except as a divestment) individual stocks
12 or securities; and
13 (2) the value of such stocks or securities may
14 be influenced by actions taken by the individual in
15 his or her official position, as determined by the Se-
16 lect Committee on Ethics of the Senate or the Com-
17 mittee on Ethics of the House of Representatives, as
18 applicable, in consultation with the Office of Con-
19 gressional Ethics.
20 (e) EXCEPTION.—Nothing in this section shall be
21 construed to prevent an employee or officials of a Member
22 of Congress or a Member of Congress from owning—
23 (1) a widely held investment fund described in
24 section 102(f)(8) of the Ethics in Government Act of
25 1978 (5 App. U.S.C. 102(f)(8)), if the investment

HEN20B91 32X

S.L.C.

1 2 3 4 5 6 7 8 9

25
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 de- fined in section 3 of the Alaska Native Claims Set- tlement Act (43 U.S.C. 1602).

SEC. 105. CONFLICTS OF INTEREST RULES FOR ALL SEN- IOR GOVERNMENT OFFICIALS AND NONCON- FLICTED FEDERAL EMPLOYEE INVESTMENT

ACCOUNTS.

(a) REQUIRED DIVESTMENTS OF CONFLICTED AS- SETS.—

(1) STOCKS AND SECURITIES.—No senior gov- ernment official may own an interest in or trade (ex- cept a divestment required or approved by the super- vising ethics office) any stock, bond, commodity, fu- ture, and other form of security, including an inter- est in a hedge fund, a derivative, option, or other complex investment vehicle, except nonconflicted as- sets allowed under subsection (b).

(2) COMMERCIAL REAL ESTATE.—No senior government official may maintain ownership in com-

HEN20B91 32X

S.L.C.

1 mercial real estate, unless ownership of such com-
2 mercial real estate is necessary for a qualified small
3 business described in paragraph (4)(C).
4 (3) TRUSTS.—
5 (A) IN GENERAL.—No senior government
6 official may maintain a financial interest in any
7 trust, including a family trust, if the super-
8 vising ethics office determines that the trust in-
9 cludes any—
10 (i) asset that might present a conflict
11 of interest; or
12 (ii) stock, bond, commodity, future,
13 and other form of security, including an in-
14 terest in a hedge fund, a derivative, option,
15 or other complex investment vehicle, except
16 nonconflicted assets allowed under sub-
17 section (b).
18 (B) EXCEPTION.—Subparagraph (A) shall
19 not apply to a trust described in section
20 102(f)(2) of the Ethics in Government Act of
21 1978 (5 U.S.C. App.).
22 (4) BUSINESSES AND COMPANIES.—
23 (A) PRIVATELY OWNED OR CLOSELY HELD
24 CORPORATION.—No senior government official
25 may maintain ownership in a privately owned or

HEN20B91 32X

S.L.C.

1 2 3 4 5 6 7 8 9

27
closely held corporation, company, firm, part-

nership, or other business enterprise.
(B) BOARD MEMBERS.—No senior govern-

ment official may serve on the board of direc- tors of any for-profit entity, including any cor- poration, company, firm, partnership, or other business enterprise.

11 (b) NONCONFLICTED ASSETS.—
12 (1) IN GENERAL.—A senior government official
13 may maintain assets that do not present a conflict
14 of interest, including—

15
16
17
18
19
20
21
22 real 23

(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 de-

scribed in paragraph (2);
(B) noncommercial real estate, including estate used solely as a personal residence; (C) cash, certificates of deposit, or other

24 forms of savings accounts;
25 (D) a federally managed asset, including—

HEN20B91 32X

S.L.C.

1 2 3 4 5 6 7 8 9

28
(i) financial interests in or income de-

rived from—
(I) any retirement system under

title 5, United States Code (including the Thrift Savings Plan under sub- chapter 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 para-

graph (3);

(E) bonds, bills, and notes issued by a gov- ernmental sources, such as the Federal Govern- ment, 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

HEN20B91 32X

S.L.C.

1 2 3 4 5 6 7 8 9

29
(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 RE-

QUIREMENTS.—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 AC-

COUNT.—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 semi- colon; and

(iii) by adding at the end the fol- lowing:

HEN20B91 32X

S.L.C.

30
‘‘(4) not later than 3 years after the date of en-

2 actment of this paragraph, establish Federal Em-
3 ployee Investment Accounts in the Treasury of the
4 United States accounts for senior government offi-
5 cials to maintain investments in the stock and secu-
6 rities markets in which a senior government official
7 may—
8 ‘‘(A) sell an asset or security, including
9 those assets or securities that present a conflict
10 of interest under section 105(a) of the Anti-
11 Corruption and Public Integrity Act, and invest
12 the resulting funds into the Federal Employee
13 Investment Accounts; and
14 ‘‘(B) withdraw funds from their Federal
15 Employee Investment Account at any time;
16 ‘‘(5) act in the interest of the plan participants
17 and beneficiaries of Federal Employee Investment
18 Accounts when making decisions for the purpose of
19 providing benefits to those participants and bene-
20 ficiaries;
21 ‘‘(6) establish a new and parallel system for
22 recordkeeping with respect to Federal Employee In-
23 vestment Accounts; and
24 ‘‘(7) establish a Federal Employee Investment
25 Fund to fully cover administrative costs associated

HEN20B91 32X

S.L.C.

1 2 3 4 5 6 7 8 9

31
with managing Federal Employee Investment Ac-

counts, which—
‘‘(A) shall be separate from the Thrift Sav-

ings Fund established under section 8437, ex- cept with respect to administrative costs for common resources; and

‘‘(B) may be used for compensation to pay new employees, additional resources for infor- mation technology, additional call center capac- ity, 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 fol-

lowing:

‘‘(E) promulgate regulations for the ad- ministration 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 nec-

HEN20B91 32X

S.L.C.

1 essary to establish and maintain Federal Employee Invest-
2 ment Accounts established under subsection (f), including
3 for the purpose of reducing any fees paid by participants
4 in the Federal Employee Investment Accounts.’’.
5 SEC. 106. POST-EMPLOYMENT RESTRICTIONS.
6 (a) IN GENERAL.—Section 207 of title 18, United
7 States Code, is amended—
8 (1) in subsection (a)—
9 (A) in paragraph (1), in the matter pre-
10 ceding subparagraph (A), by inserting after
11 ‘‘with the intent to influence,’’ the following:
12 ‘‘or with the intent to gain information for use
13 in analyzing securities or commodities markets,
14 or in informing investment decisions in securi-
15 ties or commodities markets,’’; and
16 (B) in paragraph (2), in the matter pre-
17 ceding subparagraph (A), by inserting after
18 ‘‘with the intent to influence,’’ the following:
19 ‘‘or with the intent to gain information for use
20 in analyzing securities or commodities markets,
21 or in informing investment decisions in securi-
22 ties or commodities markets,’’;
23 (2) by striking subsections (c), (d), and (e) and
24 inserting the following:

HEN20B91 32X

S.L.C.

1 ‘‘(c) LOBBYING AND POLITICAL INTELLIGENCE RE-
2 STRICTIONS.—
3 ‘‘(1) IN GENERAL.—In addition to the restric-
4 tions set forth in subsections (a) and (b), any Presi-
5 dent, Vice President, Member of Congress, or officer
6 or employee compensated at a rate of pay specified
7 in or fixed according to subchapter II of chapter 53
8 of title 5, after the termination of his or her service
9 or employment with the United States who—
10 ‘‘(A) works as a registered lobbyist or po-
11 litical intelligence consultant; or
12 ‘‘(B) knowingly makes, with the intent to
13 influence, or with the intent to gain information
14 for use in analyzing securities or commodities
15 markets, or in informing investment decisions
16 in securities or commodities markets, any com-
17 munication to or appearance before any officer
18 or employee of any department, Executive agen-
19 cy, Member, officer, or employee of either
20 House of Congress or any employee of any
21 other legislative office of the Congress, on be-
22 half of any other person (except the United
23 States or the District of Columbia) for com-
24 pensation, in connection with any matter on
25 which such person seeks official action by any

HEN20B91 32X

S.L.C.

34
Member, officer, or employee of either House of

Congress, or any employee or officer of any de- partment or agency Executive agency,

1 2 3

4 shall be subject to the penalties set forth in section
5 216 of this title.

6 ‘‘(2) OTHER OFFICIALS.—
7 ‘‘(A) IN GENERAL.—Any officer or em-
8 ployee in the executive or legislative branch of
9 the United States who, during the time period
10 described in subparagraph (B) makes, with the
11 intent to influence, or with the intent to gain
12 information for use in analyzing securities or
13 commodities markets, or in informing invest-
14 ment decisions in securities or commodities
15 markets, any communication to or appearance
16 before their former office, Executive agency, or
17 House of Congress, for compensation, shall be
18 subject to the penalties set forth in section 216
19 of this title.
20 ‘‘(B) TIME PERIOD.—The time period de-
21 scribed in this subparagraph is as follows:
22 ‘‘(i) With respect to an officer or em-
23 ployee of the legislative branch, 2 years
24 after the termination of service or employ-
25 ment as an officer or employee.

HEN20B91 32X

S.L.C.

1 2 3 4 5 6 7 8 9

35
‘‘(ii) With respect to an officer or em-

ployee of the executive branch, the later of—

‘‘(I) the date on which a Presi- dent other than the President serving at the time of the termination of serv- ice 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 employ- ment as an officer or employee ex- pires.
‘‘(iii) With respect to an officer or em-

ployee of the executive branch of the United States who becomes a corporate lobbyist, the later of—

‘‘(I) the date on which a Presi- dent other than the President serving at the time of the termination of serv- ice 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 employ-

HEN20B91 32X

S.L.C.

36
ment as an officer or employee ex-

pires.

‘‘(iv) With respect to an officer or em- ployee of the legislative branch of the United States who becomes a corporate lobbyist, the date on which the 6-year pe- riod beginning on the date of the termi- nation of service or employment as an offi- cer or employee expires.’’;

1 2 3 4 5 6 7 8 9

11 as subsections (d) through (j), respectively;
12 (4) in subsection (g), as so redesignated—
13 (A) by redesignating paragraphs (1), (2),
14 and (3) as paragraphs (2), (3), and (4), respec-
15 tively;
16 (B) by inserting before paragraph (2), as
17 so redesignated, the following:
18 ‘‘(1) the terms ‘corporate lobbyist’, ‘lobbyist’,
19 and ‘political intelligence consultant’ have the mean-
20 ings given such terms in section 3 of the Lobbying
21 Disclosure Act of 1995 (2 U.S.C. 1602);’’; and
22 (C) in paragraph (2), as so redesignated,
23 by inserting after ‘‘with the intent to influ-
24 ence,’’ the following: ‘‘or with the intent to gain
25 information for use in analyzing securities or

(3) by redesignating subsections (f) through (l)

HEN20B91 32X

S.L.C.

1 2 3 4 5 6 7 8 9

37
commodities markets, or in informing invest-

ment 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 ORGANIZA-

TION.—The restrictions contained in this section re- lating to a communication made with the intent to gain information for use in analyzing securities or commodities markets, or in informing investment de- cisions in securities or commodities markets shall not apply to a communication made by a representa- tive 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 communica- tion is gathering and disseminating news and infor- mation 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 finan- cial institution with greater than an aver- age of $150,000,000,000 in market cap-

HEN20B91 32X

S.L.C.

1 2 3 4 5 6 7 8 9

38
italization or revenue for the previous 3-

year period;
‘‘(ii) any Federal contractor that re-

ceived greater than $5,000,000,000 in an- nual revenue from the Federal Government during the previous 3-year period; and

‘‘(iii) any for-profit company or finan- cial institution that exerts monopolistic or monopsonistic control over a significant share of the market in its particular indus- try (as defined by the Director of the Of- fice of Public Integrity, in consultation with the Attorney General, by regulation). ‘‘(B) LOBBYING CONTACT.—The term ‘lob-

bying 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—

HEN20B91 32X

S.L.C.

1 2 3 4 5 6 7 8 9

39
‘‘(i) any individual described in sec-

tion 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 Execu- tive 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 em-

ployee serving in the Executive Office of 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-deter- mining character under schedule C of subpart C of part 213 of title 5, Code of Federal Regulations (or any suc- cessor regulations), except that the Director of the Office of Public Integ-

HEN20B91 32X

S.L.C.

40
rity 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 deter- mines such exclusion would not affect adversely the integrity of the Govern- ment or the confidence of the public in the integrity of the Government; ‘‘(ii) an individual employed in a posi-

1 2 3 4 5 6 7 8 9

21 RESTRICTION.—No for-profit corporation, company,
22 firm, partnership, or other business enterprise may
23 hire or directly or indirectly compensate (including
24 as consultants and lawyers) any former senior gov-
25 ernment official, for 1 year after the official leaves

tion in the Senior Executive Service;
‘‘(iii) an individual employed in a po-

sition at the GS–15 level or higher; and ‘‘(iv) an individual employed in a posi- tion 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

HEN20B91 32X

S.L.C.

1 government service, from an Executive agency, de-
2 partment, or congressional office with which the cor-
3 poration, company, firm, partnership, or other busi-
4 ness enterprise made a lobbying contact in the past
5 2 years.
6 ‘‘(3) SPECIAL RULES FOR POST EMPLOYMENT
7 WITH GIANT BANKS, COMPANIES, AND CONTRAC-
8 TORS.—
9 ‘‘(A) PROCUREMENT OFFICERS.—No com-
10 pany that is awarded a contract or license by
11 the Federal Government may hire or com-
12 pensate any former officer or employee in the
13 executive branch of the United States who
14 oversaw any of the company’s contracts or li-
15 censes (including any procurement officer, any
16 Federal employee or official who participated in
17 the contract or license selection, any Federal
18 employee or official who determined or ap-
19 proved the technical requirements of the con-
20 tract or license, and any senior government offi-
21 cial in the executive branch of the United
22 States employed at the Executive agency that
23 granted the contract or license) during the 4-
24 year period beginning on the date on which the

HEN20B91 32X

S.L.C.

1 2 3 4 5 6 7 8 9

42
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 NCOME 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 begin- ning on the date on which the government official terminated employment with the

United States.
‘‘(ii) PUBLICLY AVAILABLE.—The Di-

rector of the Office of Public Integrity shall make a disclosure made under clause

HEN20B91 32X

S.L.C.

1 2 3 4 5 6 7 8 9

43
(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 dis- closure 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 indi- vidual who consents under subclause (I) shall not be subject to clause (v). ‘‘(iv) MEMORANDUM OF UNDER- STANDING.—Not later than 1 year after the date of enactment of this subclause, the Director of the Office of Public Integ- rity and the Commissioner of Internal Rev-

HEN20B91 32X

S.L.C.

1 2 3 4 5 6 7 8 9

44
enue shall enter into a cooperative agree-

ment or memorandum of understanding to establish secure means to allow for the necessary information exchange in sub- clause (III) for senior government officials who wish to avail themselves of the auto- matic disclosure under subclause (III).

‘‘(v) PENALTIES FOR FORMER SENIOR GOVERNMENT OFFICIALS.—

‘‘(I) CIVIL ACTION.—The Attor- ney General or the Director of the Of- fice of Public Integrity may bring a civil action in any appropriate United States district court against any indi- vidual who knowingly and willfully fal- sifies 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 as- sess against such individual a civil penalty in any amount, not to exceed $50,000.

‘‘(II) CRIMINAL PENALTIES.—

HEN20B91 32X

S.L.C.

1 2 3 4 5 6 7 8 9

‘‘(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 sen- tence 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.

22 PANIES.—
23 ‘‘(A) IN GENERAL.—The Director of Office
24 of Public Integrity may impose a civil penalty
25 or a sanction on any entity or giant bank or

‘‘(4) PENALTIES FOR GIANT BANKS AND COM-

HEN20B91 32X

S.L.C.

1 2 3 4 5 6 7 8 9

46
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 sub- paragraph (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 subse- quent 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

COMPANIES.—In addition to a civil penalty im- posed under this clause, after reasonable notice and an opportunity for a hearing, if the Direc- tor of the Office of Public Integrity determines that a company has violated paragraph (2) or

HEN20B91 32X

S.L.C.

1 2 3 4 5 6 7 8 9

47
(3)(B), the Director may impose a sanction on

an entity or a giant bank or company, includ- ing—

‘‘(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 ex- ceed 8 years;

‘‘(ii) prohibiting the company from doing business with the Federal Govern- ment, receiving a contract or license from the Federal Government, or otherwise par- ticipating in Federal Government pro- grams, 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) oc- curred—

‘‘(I) the proceeds of any sale of stock; and

HEN20B91 32X

S.L.C.

1 2 3 4 5 6 7 8 9

48
‘‘(II) any incentive-based com-

pensation (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, that an exec- utive officer of an entity or giant bank or company has knowingly, or with gross neg- ligence, violated paragraph (2) or (3)(B), or contributed to the violation of a para- graph (2) or (3)(B), the Director may as- sess a civil penalty against the executive officer not to exceed the amount of the of- ficer’s compensation for each year during which the violations occurred.

‘‘(E) MITIGATING FACTORS.—In deter- mining 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;

HEN20B91 32X

S.L.C.

1 2 3 4 5 6 7 8 9

49
‘‘(ii) the gravity of the violation or

failure to pay;
‘‘(iii) the history of previous viola-

tions; 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 as- sessed or had already been assessed. The amount of such penalty, when finally deter- mined, 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 Pub- lic Integrity gives notice and an oppor- tunity for a hearing to the person accused of the violation; or

HEN20B91 32X

S.L.C.

1 2 3 4 5 6 7 8 9

50
‘‘(ii) the appropriate court has or-

dered such assessment and entered judg- ment 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 sub- section (a) of this section, is amended by striking

‘‘(d), or (e)’’;
(2) in subsection (f)(2), as redesignated by sub-

section (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 sub- section (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

HEN20B91 32X

S.L.C.

1 2 3 4 5 6 7 8 9

51
(4) in subsection (h), as redesignated by sub-

section (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

(d) RESTRICTIONS ON FEDERAL EXAMINERS OF FI- NANCIAL 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 ‘‘sen-

ior’’; 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)—

HEN20B91 32X

S.L.C.

1 2 3 4 5 6 7 8 9

52
(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 Gov-

ernment 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, re-

tirement, 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.

HEN20B91 32X

S.L.C.

1 2 3 4 5 6 7 8 9

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 eth- ics issues (as defined in section 409 of the Ethics in Gov- ernment Act of 1978, as added by section 511 of this Act) shall apply to any individual who is employed by the Fed- eral 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 begin- ning on the date that is 61 days after the date on which the Special Government Employee commences employ- ment during a 365-day period.

(d) INDEBTEDNESS RULE.—
(1) IN GENERAL.—Except as provided in para-

graph (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

HEN20B91 32X

S.L.C.

1 2 3 4 5 6 7 8 9

54
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 insti- tutions.

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 in-

curred in investigative, civil, criminal, or other legal proceedings relating to or arising by virtue

HEN20B91 32X

S.L.C.

1 2 3 4 5 6 7 8 9

55
of service by an officer or employee as an offi-

cer 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 section;

and
(E) that may accept contributions, in ac-

cordance with this section;

(2) the term ‘‘lobbying activity’’ has the mean- ing 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

HEN20B91 32X

S.L.C.

1 2 3 4 5 6 7 8 9

56
(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 Eth- ics in Government Act of 1978 (5 U.S.C. App.).
(b) AUTHORIZATION FOR LEGAL EXPENSE

FUNDS.—Subject to the limitations and regulations pro- mulgated 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 es- tablishing limits with respect to contributions to legal ex- pense 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 rel- ative 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;

HEN20B91 32X

S.L.C.

1 2 3 4 5 6 7 8 9

57
(5) from any person conducting activities regu-

lated by the Executive agency, office, or entity em- ploying the officer or employee;

(6) from any person whose interests may be substantially affected by the performance or non- performance 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 lob- bying activities, or on whose behalf lobbying activi- ties have been engaged with, with respect to the Ex- ecutive 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;

HEN20B91 32X

S.L.C.

1 2 3 4 5 6 7 8 9

58
(C) the nature of the legal proceeding (or

proceedings) which necessitate the establish- ment 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 prop- er 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 re- ceived and approved the written notice submitted under paragraph (1).

(e) REPORTING.—
(1) IN GENERAL.—An officer or employee who

establishes, or directly or indirectly receive money from, a legal expense fund shall submit to the super- vising ethics office with respect to the officer or em- ployee a quarterly report that discloses, with respect to the quarter covered by the report—

(A) the source and amount of each con- tribution to the legal expense fund; and

(B) the amount, recipient, and purpose of each expenditure from the legal expense fund.

HEN20B91 32X

S.L.C.

59
(2) PUBLIC AVAILABILITY.—Each supervising

2 ethics office shall make publicly available online each
3 report submitted under paragraph (1) in a search-
4 able, sortable, and downloadable form.
5 (f) RECUSAL.—An officer or employee in the execu-
6 tive branch, other than the President and the Vice Presi-
7 dent, who receives a contribution to a legal expense fund
8 of the officer or employee may not participate in any mat-
9 ter that has or would have a direct and substantial impact
10 on the person making the contribution during the 2-year
11 period beginning on the date on which the contribution
12 is received.
13 SEC. 110. PENALTIES.
14 (a) CIVIL FINES.—The Attorney General or the Di-
15 rector of the Office of Public Integrity may bring a civil
16 action in the appropriate United States district court
17 against any person who engages in conduct constituting
18 a violation of this subtitle and, upon proof of such conduct
19 by a preponderance of the evidence, such person shall be
20 subject to a civil penalty of not more than $50,000 for
21 each violation or the amount of compensation which the
22 person received or offered for the prohibited conduct,
23 whichever amount is greater. The imposition of a civil pen-
24 alty under this subsection does not preclude any other
25 criminal or civil statutory, common law, or administrative

HEN20B91 32X

S.L.C.

1 2 3 4 5 6 7 8 9

60
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 of- fense. 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 Con- flicts of Interest Act of 2018’’.
SEC. 112. DIVESTITURE OF PERSONAL FINANCIAL INTER-

ESTS OF THE PRESIDENT AND VICE PRESI- DENT THAT POSE A POTENTIAL CONFLICT OF INTEREST.

(a) DEFINITIONS.—

HEN20B91 32X

S.L.C.

1 2 3 4 5 6 7 8 9

61
(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 Presi- dent, as applicable, that—

(i) would constitute a financial inter- est 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, partici- pated as described in subsection (a) of such section 208 in rela-

HEN20B91 32X

S.L.C.

1 2 3 4 5 6 7 8 9

62
tion 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, emolu-

ment, office, or title, of any kind whatever, from any king, prince, or foreign state (in- cluding from an entity owned or controlled by a foreign government), within the meaning of article I, section 9 of the Con- stitution 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 speci- fied in this subtitle; and

(D) the term ‘‘tax return’’—
(i) means any Federal income tax re-

turn and any amendment or supplement thereto, including supporting schedules, at- tachments, or lists which are supplemental to, or part of, the return for the taxable year; and

HEN20B91 32X

S.L.C.

1 2 3 4 5 6 7 8 9

63
(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 ‘‘su- pervising 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 Di- rector of the Office of Public Integrity a disclo- sure 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 Con- gress and the Director of the Office of Public

HEN20B91 32X

S.L.C.

1 2 3 4 5 6 7 8 9

64
Integrity not later than 30 days after the date

of enactment of this Act. (2) CONTENTS.—

(A) PRESIDENT.—The disclosure of finan- cial interests submitted under paragraph (1) by the President shall—

(i) describe in detail each financial in- terest of the President, the spouse of the President, or a minor child of the Presi- dent;

(ii) at a minimum, include the infor- mation relating to each such financial in- terest 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.

HEN20B91 32X

S.L.C.

1 2 3 4 5 6 7 8 9

65
(B) VICE PRESIDENT.—The disclosure of

financial interests submitted under paragraph (1) by the Vice President shall—

(i) describe in detail each financial in- terest of the Vice President, the spouse of the Vice President, or a minor child of the Vice President;

(ii) at a minimum, include the infor- mation relating to each such financial in- terest 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.

(1) IN GENERAL.—The President, the Vice President, the spouse of the President or Vice Presi- dent, and any minor child of the President or Vice

HEN20B91 32X

S.L.C.

1 2 3 4 5 6 7 8 9

66
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 quali- fied 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 fi- nancial interest to purchase conflict-free hold- ings.

(d) REVIEW BY OFFICE OF PUBLIC INTEGRITY.—
(1) IN GENERAL.—The Director of the Office of Public Integrity shall submit to Congress, the Presi- dent, and the Vice President an annual report re- garding 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 fi-

HEN20B91 32X

S.L.C.

1 2 3 4 5 6 7 8 9

67
nancial interest posing a potential conflict of in-

terest;
(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 pos- ing a potential conflict of interest was divested in accordance with subsection (c); and

(C) redact such information as the Direc- tor of the Office of Public Integrity determines necessary for preventing identity theft, such as social security numbers or taxpayer identifica- tion numbers.

(e) ENFORCEMENT.—
(1) IN GENERAL.—The Attorney General, the

attorney general of any State, or any person ag- grieved by any violation of subsection (c) may seek declaratory or injunctive relief in a court of com- petent jurisdiction if—

(A) the Director of the Office of Public In- tegrity is unable to issue a report indicating whether the President or the Vice President is in substantial compliance with subsection (c); or

HEN20B91 32X

S.L.C.

1 2 3 4 5 6 7 8 9

68
(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 injunc-

tive relief to the plaintiff, the court shall take meas- ures reasonably necessary to ensure that any divest- ment 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 par- ticular 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 enti- ty in which the spouse of the President has a sub- stantial interest.
‘‘(2)(A) Subject to subparagraph (B), if an officer or

employee is recused under paragraph (1), a career ap-

HEN20B91 32X

S.L.C.

1 pointee in the agency of the officer or employee shall per-
2 form the functions and duties of the officer or employee
3 with respect to the matter.
4 ‘‘(B)(i) In this subparagraph, the term ‘Commission’
5 means a board, commission, or other agency for which the
6 authority of the agency is vested in more than 1 member.
7 ‘‘(ii) If the recusal of a member of a Commission
8 from a matter under paragraph (1) would result in there
9 not being a statutorily required quorum of members of the
10 Commission available to participate in the matter, not-
11 withstanding such statute or any other provision of law,
12 the members of the Commission not recused under para-
13 graph (1) may—
14 ‘‘(I) consider the matter without regard to the
15 quorum requirement under such statute;
16 ‘‘(II) delegate the authorities and responsibil-
17 ities of the Commission with respect to the matter
18 to a subcommittee of the Commission; or
19 ‘‘(III) designate an officer or employee of the
20 Commission who was not appointed by the President
21 who appointed the member of the Commission
22 recused from the matter to exercise the authorities
23 and duties of the recused member with respect to
24 the matter.

HEN20B91 32X

S.L.C.

1 2 3 4 5 6 7 8 9

21 22 23 24 25

70
‘‘(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 PRESI-

DENT.

(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 in- serting ‘‘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 fol- lowing:

HEN20B91 32X

S.L.C.

6 7 8 9

‘‘(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 clear- ance, not later than 10 days after the date on which the security clearance was provided.’’;

(2) in section 4—
(A) in subsection (a)—

(i) in paragraph (3), by striking ‘‘and’’ at the end;

(ii) by redesignating paragraph (4) as paragraph (5); and

(iii) by inserting after paragraph (3) the following:

‘‘(4) the term ‘nonpublic information’—
‘‘(A) means information from the Federal Government that a transition member obtains as part of the employment of the member that such member knows or reasonably should know

1 ‘‘(3) The President-elect shall submit to the Com-
2 mittee on Homeland Security and Governmental Affairs
3 of the Senate and the Committee on Oversight and Gov-
4 ernment Reform of the House of Representatives a list
5 of—

HEN20B91 32X

S.L.C.

1 2 3 4 5 6 7 8 9

72
has not been made available to the general pub-

lic; and
‘‘(B) includes information that a member

of the transition team knows or reasonably should know—

‘‘(i) is exempt from disclosure under section 552 of title 5, United States Code, or otherwise protected from disclosure by law; and

‘‘(ii) is not authorized by the appro- priate government agency or official to be released to the public; and’’; and
(B) in subsection (g)—

(i) in paragraph (1), by striking ‘‘No- vember’’ and inserting ‘‘October’’; and

(ii) by adding at the end the fol- lowing:

‘‘(3) ETHICS PLAN.—
‘‘(A) IN GENERAL.—Each memorandum of

understanding under paragraph (1) shall in- clude an agreement that the eligible candidate will implement and enforce an ethics plan to guide the conduct of the transition beginning on the date on which the eligible candidate be- comes the President-elect.

HEN20B91 32X

S.L.C.

1 2 3 4 5 6 7 8 9

73
‘‘(B) CONTENTS.—The ethics plan shall

include, at a minimum—
‘‘(i) a description of the ethics re-

quirements that will apply to all members of the transition team, including any spe- cific requirement for transition team mem- bers who will have access to nonpublic or classified information;

‘‘(ii) a description of how the transi- tion team will—

‘‘(I) address the role on the tran- sition team of—

‘‘(aa) lobbyists registered under the Lobbying Disclosure Act of 1995 (2 U.S.C. 1601 et seq.) and individuals who were former lobbyists registered under that Act;

‘‘(bb) persons registered under the Foreign Agents Reg- istration Act (22 U.S.C. 611 et seq.), foreign nationals, and other foreign agents; and

‘‘(cc) transition team mem- bers with sources of income or

HEN20B91 32X

S.L.C.

1 2 3 4 5 6 7 8 9

74
clients that are not disclosed to

the public;

‘‘(II) prohibit a transition team member with conflicts of interest, in- cluding conflicts, as described in sec- tion 2635.402(a) and section 2635.502(a) of title 5, Code of Fed- eral Regulations, related to current or former employment, affiliations, cli- ents, or investments, from working on particular matters involving specific parties that affect the interests of such member; and

‘‘(III) address how the covered eligible candidate will address their own conflicts of interest during a Presidential term if the covered eligi- ble candidate becomes the President- elect;
‘‘(iii) a Code of Ethical Conduct, to

which each member of the transition team will sign and be subject to, that reflects the content of the ethics plans under this paragraph and at a minimum requires transition team members to—

HEN20B91 32X

S.L.C.

1 2 3 4 5 6 7 8 9

75
‘‘(I) seek authorization from

transition team leaders or their des- ignees before seeking, on behalf of the transition, access to any nonpublic in- formation;

‘‘(II) keep confidential any non- public information provided in the course of the duties of the member with the transition and exclusively use such information for the purposes of the transition; and

‘‘(III) not use any nonpublic in- formation provided in the course of transition duties, in any manner, for personal or private gain for the mem- ber or any other party at any time during or after the transition; and ‘‘(iv) a description of how the transi- team will enforce the Code of Ethical

tion
Conduct, including the names of the mem- bers of the transition team responsible for enforcement, oversight, and compliance. ‘‘(C) PUBLICLY AVAILABLE.—The transi- team shall make the ethics plan described

tion
in this paragraph publicly available on the

HEN20B91 32X

S.L.C.

1 2 3 4 5 6 7 8 9

76
Internet website of the General Services Admin-

istration the earlier of—
‘‘(i) the day on which the memo-

randum of understanding is completed; or ‘‘(ii) October 1.’’; and

(3) 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 semi- colon; and

(iii) by adding at the end the fol- lowing:

‘‘(C) a list of all positions each transition team member has held outside the Federal Gov- ernment for the previous 12-month period, in- cluding paid, unpaid, and uncompensated posi- tions;

‘‘(D) sources of compensation of each tran- sition team member exceeding $5,000 a year for the previous 12-month period;

‘‘(E) a description of the role of the mem- ber on the transition team, including a list of any policy issues that the member expects to

HEN20B91 32X

S.L.C.

1 2 3 4 5 6 7 8 9

77
work on, and a list of agencies the member ex-

pects to interact with, while serving on the transition team;

‘‘(F) a list of any issues from which each transition team member will be recused while serving as a member of the transition team pur- suant to the transition team ethics plan out- lined in section 4(g)(3); and

‘‘(G) 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 subpara- graph (E).’’;

18 agency, or their designee, shall not permit access to
19 the agency or employees of the agency that would
20 not be provided to a member of the public for any
21 transition team member who does not make the dis-
22 closures listed under paragraph (1).’’.

(B) in paragraph (2), by inserting ‘‘not later than 2 business days’’ after ‘‘public’’; and

HEN20B91 32X

S.L.C.

1 2 3 4 5 6 7 8 9

23 24 25

SEC. 116. CRIMINALITY OF THE PRESIDENT OR OTHER SEN- IOR 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 Su- preme 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 fol- lowing:
‘‘§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 sec-

tions 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

HEN20B91 32X

S.L.C.

1 2 3 4 5 6 7 8 9

79
(5 U.S.C. App.) by the President or the Vice President

would constitute a high crime or misdemeanor under arti- cle 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’—

HEN20B91 32X

S.L.C.

1 2 3 4 5 6 7 8 9

80
‘‘(A) means any decision or action on, or

personal and substantial participation through acts, including approval, disapproval, rec- ommendation, rendering of advice on, or inves- tigation of any question, matter, cause, suit, proceeding or controversy, that may at any time be pending, or which may by law be brought be- fore any public official, in such official’s capac- ity, 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, tele- phone 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:

HEN20B91 32X

S.L.C.

81
‘‘(4) the term ‘rule or regulation’ means a Fed-

2 eral regulation or a rule of the House of Representa-
3 tives or the Senate, including rules and regulations
4 governing the acceptance of gifts and campaign con-
5 tributions.’’.
6 (b) CLARIFICATION.—Section 201(c) of title 18,
7 United States Code, is amended by striking paragraph (1)
8 and inserting the following:
9 ‘‘(1) otherwise than as provided by law for the
10 proper discharge of official duty, or by rule or regu-
11 lation—
12 ‘‘(A) directly or indirectly gives, offers, or
13 promises any thing or things of value to any
14 public official, former public official, or person
15 selected to be a public official, for or because of
16 any official act performed or to be performed by
17 such public official, former public official, or
18 person selected to be a public official;
19 ‘‘(B) directly or indirectly knowingly gives,
20 offers, or promises any thing or things of value
21 with an aggregate value of not less than $1000
22 to any public official, former public official, or
23 person selected to be a public official for or be-
24 cause of the official’s or person’s official posi-
25 tion;

HEN20B91 32X

S.L.C.

1 2 3 4 5 6 7 8 9

82
‘‘(C) being a public official, former public

official, or person selected to be a public offi- cial, directly or indirectly, knowingly demands, seeks, receives, accepts, or agrees to receive or accept any thing or things of value with an ag- gregate value of not less than $1000 for or be- cause of the official’s or person’s official posi- tion; or

‘‘(D) being a public official, former public official, or person selected to be a public offi- cial, directly or indirectly demands, seeks, re- ceives, 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 ‘ma- terial information’ means information—

HEN20B91 32X

S.L.C.

1 2 3 4 5 6 7 8 9

83
‘‘(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 indi- vidual, 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 offi- cial’ means an officer, employee, or elected or ap- pointed representative, or person acting for or on be- half 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

HEN20B91 32X

S.L.C.

1 2 3 4 5 6 7 8 9

84
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 gen- eral partner;

‘‘(v) an individual, business, or orga- nization with whom the public official is negotiating for, or has any arrangement concerning, prospective employment or fi- nancial compensation; or

‘‘(vi) an individual, business, or orga- nization from whom the public official has received any thing or things of value, oth- erwise than as provided by law for the proper discharge of official duty, or by rule or regulation;
‘‘(B) the knowing falsification, conceal-

ment, or covering up of material information by a public official that is required to be disclosed

HEN20B91 32X

S.L.C.

1 2 3 4 5 6 7 8 9

85
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 an- other of the intangible right of honest services;

and
‘‘(B) a scheme or artifice by a public offi-

cial 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 FINAN-

CIAL 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 fol- lowing:

HEN20B91 32X

S.L.C.

1 2 3 4 5 6 7 8 9

86
‘‘(e) A Member of Congress may not assume office

for the term after the date on which the Member of Con- gress 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 COMMIT- TEES.—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 do-

nation 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 do-

nation from a foreign national; ‘‘(B) for a person—

HEN20B91 32X

S.L.C.

87
‘‘(i) to make a donation to an Inau-

gural Committee in the name of another person, or to knowingly authorize his or her name to be used to effect such a dona- tion;

‘‘(ii) to knowingly accept a donation to an Inaugural Committee made by a per- son in the name of another person; or

1 2 3 4 5 6 7 8 9

10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25 USE.—For purposes of paragraph (1)(B)(iii), a do-

‘‘(iii) to convert a donation to an In- augural Committee to personal use as de- scribed 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 ex- press 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 ex- press or implied promise to make a donation, to an Inaugural Committee.
‘‘(2) CONVERSION OF DONATION TO PERSONAL

HEN20B91 32X

S.L.C.

1 nation shall be considered to be converted to per-
2 sonal use if any part of the donated amount is used
3 to fulfill a commitment, obligation, or expense of a
4 person that would exist irrespective of the respon-
5 sibilities of the Inaugural Committee under chapter
6 5 of title 36, United States Code.
7 ‘‘(3) NO EFFECT ON DISBURSEMENT OF UN-
8 USED FUNDS TO NONPROFIT ORGANIZATIONS.—
9 Nothing in this subsection may be construed to pro-
10 hibit an Inaugural Committee from disbursing un-
11 used funds to an organization which is described in
12 section 501(c)(3) of the Internal Revenue Code of
13 1986 and is exempt from taxation under section
14 501(a) of such Code.
15 ‘‘(b) LIMITATION ON DONATIONS.—
16 ‘‘(1) IN GENERAL.—It shall be unlawful for an
17 individual to make donations to an Inaugural Com-
18 mittee which, in the aggregate, exceed $10,000.
19 ‘‘(2) INDEXING.—At the beginning of each
20 Presidential election year (beginning with 2024), the
21 amount described in paragraph (1) shall be in-
22 creased by the cumulative percent difference deter-
23 mined in section 315(c)(1)(A) since the previous
24 Presidential election year. If any amount after such

HEN20B91 32X

S.L.C.

1 2 3 4 5 6 7 8 9

89
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 DIS- BURSEMENTS.—

‘‘(1) DONATIONS OVER $1,000.—
‘‘(A) IN GENERAL.—An Inaugural Com-

mittee 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 do- nation.

‘‘(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 in- dividual making the donation.

‘‘(2) FINAL REPORT.—Not later than the date that is 90 days after the date of the Presidential in- augural ceremony, the Inaugural Committee shall file with the Commission a report containing the fol- lowing information:

‘‘(A) For each donation of money or any- thing of value made to the committee in an ag-

HEN20B91 32X

S.L.C.

1 2 3 4 5 6 7 8 9

90
gregate 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 in- dividual making the donation.
‘‘(B) The total amount of all disburse-

ments, 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 off- sets to donations.

‘‘(iv) Any other disbursements.
‘‘(C) The name and address of each per-

son—

‘‘(i) to whom a disbursement in an ag- gregate amount or value in excess of $200 is made by the committee to meet a com- mittee operating expense, together with date, amount, and purpose of such oper- ating expense;

HEN20B91 32X

S.L.C.

1 2 3 4 5 6 7 8 9

91
‘‘(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 com- mittee, 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, to- gether with the date and amount of such disbursement.

‘‘(d) DEFINITIONS.—For purposes of this section: ‘‘(1)(A) The term ‘donation’ includes—

the

‘‘(i) any gift, subscription, loan, ad- vance, or deposit of money or anything of value made by any person to the com- mittee; 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 value of services provided without com-

HEN20B91 32X

S.L.C.

1 2 3 4 5 6 7 8 9

92
pensation by any individual who volunteers on

behalf of the committee.

‘‘(2) The term ‘foreign national’ has the mean- ing 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 lob- byist, as defined in section 3 of the Lobbying Disclo- sure 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 RE-

PORTING 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:

HEN20B91 32X

S.L.C.

1 2 3 4 5 6 7 8 9

‘‘SEC. 510. DISCLOSURE OF AND PROHIBITION ON CERTAIN DONATIONS.

‘‘A committee shall not be considered to be the Inau- gural Committee for purposes of this chapter unless the committee agrees to, and meets, the requirements of sec- tion 325 of the Federal Election Campaign Act of 1971.’’.

(d) EFFECTIVE DATE.—The amendments made by this subtitle shall apply with respect to Inaugural Commit- tees 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 AC-

TIVITIES UNDER LOBBYING DISCLOSURE

ACT.

(a) DEFINITIONS.—Section 3 of the Lobbying Disclo- sure 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 fol- lowing: ‘‘or political intelligence consultants’’; (2) by redesignating paragraph (16) as para-

graph (25);

HEN20B91 32X

S.L.C.

1 2 3 4 5 6 7 8 9

94
(3) by redesignating paragraph (15) as para-

graph (22);
(4) by redesignating paragraphs (4) through

(14) as paragraphs (7) through (17), respectively; (5) by redesignating paragraph (3) as para-

graph (5);
(6) by inserting after paragraph (2) the fol-

lowing:
‘‘(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 re- designated, the following:

‘‘(18) POLITICAL INTELLIGENCE ACTIVITIES.— The term ‘political intelligence activities’ means po- litical 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 CONSULT- ANT.—The term ‘political intelligence consultant’ means any individual who is employed or retained by a client for financial or other compensation for serv-

HEN20B91 32X

S.L.C.

1 2 3 4 5 6 7 8 9

95
ices that include one or more political intelligence

contacts, including an individual who provides bro- kerage 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 in- telligence contact’ means any oral or written communication (including an electronic commu-

nication)—
‘‘(i) to a covered executive branch offi-

cial 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 de- livery, swaps, or security-based swaps; or

‘‘(II) informing investment deci- sions in any such market; and
‘‘(iii) which is made on behalf of a cli-

ent with regard to—
‘‘(I) the formulation, modifica-

tion, or adoption of Federal legislation (including legislative proposals);

HEN20B91 32X

S.L.C.

1 2 3 4 5 6 7 8 9

96
‘‘(II) the formulation, modifica-

tion, 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 exe- cution 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 con- firmation of a person for a position subject to confirmation by the Senate.

‘‘(B) EXCEPTION.—The term ‘political in- telligence contact’ does not include a commu- nication that is—

‘‘(i) made by a representative of a media organization if the purpose of the communication is gathering and dissemi- nating news and information to the public;

‘‘(ii) made in a speech, article, publi- cation or other material that is distributed and made available to the public, or through radio, television, cable television, or other medium of mass communication;

HEN20B91 32X

S.L.C.

1 2 3 4 5 6 7 8 9

97
‘‘(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 re- quest for the status of an action, or any other similar administrative request, if the request does not include an attempt to in- fluence a covered executive branch official or a covered legislative branch official;

‘‘(v) made in the course of participa- tion in an advisory committee subject to the Federal Advisory Committee Act (5 U.S.C. App.);

‘‘(vi) testimony given before a com- mittee, subcommittee, or task force of ei- ther 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

HEN20B91 32X

S.L.C.

1 2 3 4 5 6 7 8 9

98
covered legislative branch official for spe-

cific information;
‘‘(viii) required by subpoena, civil in-

vestigative 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 solic- iting 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 in- quiry, investigation, or proceeding; or

‘‘(II) a filing or proceeding that the Government is specifically re-

HEN20B91 32X

S.L.C.

1 2 3 4 5 6 7 8 9

99
quired by statute or regulation to

maintain or conduct on a confidential basis, if that agency is charged with responsibility for such proceeding, in- quiry, investigation, or filing;

‘‘(xii) made in compliance with writ- ten agency procedures regarding an adju- dication 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 mat- ter 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 in- volving only that individual, except that this clause does not apply to any commu- nication with a covered legislative branch official (other than the individual’s elected

HEN20B91 32X

S.L.C.

1 2 3 4 5 6 7 8 9

100
Members of Congress or employees who

work under such Members’ direct super- vision), with respect to the formulation, modification, or adoption of private legisla- tion 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 Fed- eral statute), under the Inspector General Act of 1978 (5 U.S.C. App.), or under an- other provision of law;

‘‘(xvii) made by—
‘‘(I) a church, its integrated aux-

iliary, 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 ex- empt from filing a Federal income tax return under paragraph (2)(A)(iii) of such section 6033(a); or
‘‘(xviii)(I) between—

HEN20B91 32X

S.L.C.

1 2 3 4 5 6 7 8 9

101
‘‘(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 Com- mission as required by that Act or a similar organization that is designated by or registered with the Commodities Future Trading Commission as pro- vided under the Commodity Exchange Act (7 U.S.C. 1 et seq.); and

21 term ‘political intelligence firm’ means a person or
22 entity that has one or more employees who are polit-
23 ical intelligence consultants to a client other than
24 that person or entity.’’;

‘‘(bb) the Securities and Ex- change Commission or the Commod- ities Future Trading Commission, re- spectively; and
‘‘(II) relating to the regulatory re-

sponsibilities of such organization under

that Act.
‘‘(21) POLITICAL INTELLIGENCE FIRM.—The

HEN20B91 32X

S.L.C.

1 2 3 4 5 6 7 8 9

102
(8) by inserting after paragraph (22), as so re-

designated, 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 ‘se- curity-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 mean- ing given such term in section 1a(47) of the Com- modity 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 para-

HEN20B91 32X

S.L.C.

1 2 3 4 5 6 7 8 9

103
graph (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) is first employed or retained to engage in lobbying activities on behalf of a client or first engages in lobbying activi-

ties, whichever is earlier; or
‘‘(ii) the political intelligence consult-

ant first makes a political intelligence con- tact 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

(I) by inserting after ‘‘lobbying activities’’ the following: ‘‘and political intelligence activities’’; and

HEN20B91 32X

S.L.C.

1 2 3 4 5 6 7 8 9

104
(II) by inserting after ‘‘lobbying

firm’’ the following: ‘‘or political intel- ligence firm’’; and
(ii) in clause (ii)—

(I) by inserting after ‘‘lobbying activities’’ the first place it appears the following: ‘‘and political intel- ligence 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 ap- pears the following: ‘‘or political intelligence ac- tivities’’;

(B) in paragraph (5), by inserting after ‘‘lobbying activities’’ each place that term ap- pears the following: ‘‘or political intelligence ac- tivities’’;

(C) in the matter following paragraph (6), by inserting ‘‘or political intelligence activities’’ after ‘‘such lobbying activities’’;

HEN20B91 32X

S.L.C.

105
(D) in paragraph (7), by inserting ‘‘or po-

litical intelligence consultant’’ after ‘‘lobbyist’’; (E) in the matter following paragraph (7), by adding ‘‘Any threshold dollar amount or per- centage described in this subsection relates to the sum of the income, contributions, or percent equitable ownership related to lobbying activi- ties and the income, contributions, or percent equitable ownership related to political intel-

1 2 3 4 5 6 7 8 9

10 11

12 bying activities’’ each place that term appears the
13 following: ‘‘or political intelligence activities’’.
14 (c) REPORTS BY REGISTERED POLITICAL INTEL-
15 LIGENCE CONSULTANTS.—Section 5 of the Lobbying Dis-
16 closure Act of 1995 (2 U.S.C. 1604) is amended—
17 (1) in the section heading, by inserting ‘‘AND
18 POLITICAL INTELLIGENCE CONSULTANTS’’ after
19 ‘‘LOBBYISTS’’;
20 (2) in subsection (a), by inserting after ‘‘lob-
21 bying activities’’ the following: ‘‘and political intel-
22 ligence activities’’;
23 (3) in subsection (b)—
24 (A) in paragraph (2)—

ligence activities.’’ at the end; and
(4) in subsection (d), by inserting after ‘‘lob-

HEN20B91 32X

S.L.C.

1 2 3 4 5 6 7 8 9

106
(i) in the matter preceding subpara-

graph (A), by inserting after ‘‘lobbying ac- tivities’’ the following: ‘‘or political intel- ligence 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 activi- ties’’ each place that term appears the fol- lowing: ‘‘or political intelligence activities’’;

HEN20B91 32X

S.L.C.

107
(C) in paragraph (4), by inserting after

1
2
3
4
5
6
7
8
9 ceding subparagraph (A), by inserting ‘‘or a political

‘‘lobbying activities’’ each place that term ap- pears the following: ‘‘or political intelligence ac- tivities’’; and

(D) in paragraph (6), by inserting ‘‘or po- litical intelligence consultant’’ after ‘‘lobbyist’’; and
(4) in subsection (d)(1), in the matter pre-

10 intelligence consultant’’ after ‘‘a lobbyist’’.
11 (d) DISCLOSURE AND ENFORCEMENT.—Section 6(a)
12 of the Lobbying Disclosure Act of 1995 (2 U.S.C.
13 1605(a)) is amended—
14 (1) in paragraph (3)(A), by inserting after ‘‘lob-
15 bying firms,’’ the following: ‘‘political intelligence
16 consultants, political intelligence firms,’’;
17 (2) in paragraph (7), by striking ‘‘or lobbying
18 firm’’ and inserting ‘‘lobbying firm, political intel-
19 ligence consultant, or political intelligence firm’’; and
20 (3) in paragraph (8), by striking ‘‘or lobbying
21 firm’’ and inserting ‘‘lobbying firm, political intel-
22 ligence consultant, or political intelligence firm’’.
23 (e) RULES OF CONSTRUCTION.—Section 8(b) of the
24 Lobbying Disclosure Act of 1995 (2 U.S.C. 1607(b)) is
25 amended by striking ‘‘or lobbying contacts’’ and inserting

HEN20B91 32X

S.L.C.

1 2 3 4 5 6 7 8 9

108
‘‘lobbying contacts, political intelligence activities, or polit-

ical intelligence contacts’’.
(f) IDENTIFICATION OF CLIENTS AND COVERED OF-

FICIALS.—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 PO-

LITICAL 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 po-

litical intelligence activity, as the case may be’’ after ‘‘lobbying activity’’;
(2) in subsection (b)—

(A) in the heading, by inserting ‘‘OR PO- LITICAL 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 po- litical intelligence activity, as the case may be’’ after ‘‘lobbying activity’’; and
(3) in subsection (c), by inserting ‘‘or political

intelligence contact’’ after ‘‘lobbying contact’’.

HEN20B91 32X

S.L.C.

1 2 3 4 5 6 7 8 9

109
(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)
TROLLER GENERAL.—Section 26 of the Lobbying Disclo- sure 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 ‘‘polit-

ical intelligence firms, political intelligence consult- ants,’’ after ‘‘lobbying firms’’; and

ANNUAL AUDITS AND REPORTS BY COMP-

HEN20B91 32X

S.L.C.

1 2 3 4 5 6 7 8 9

110
(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 de- fined 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 IN-

TEGRITY.

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 ‘‘Sec- retary of the Senate and the Clerk of the House of Representatives’’ and inserting ‘‘Director of the Of- fice of Public Integrity’’;

(2) in section 5 (2 U.S.C. 1604)—
(A) in subsection (a), by striking ‘‘Sec-

retary of the Senate and the Clerk of the House of Representatives’’ and inserting ‘‘Director of the Office of Public Integrity’’;

HEN20B91 32X

S.L.C.

1 2 3 4 5 6 7 8 9

111
(B) in subsection (d)(1), in the matter pre-

ceding subparagraph (A), by striking ‘‘Sec- retary of the Senate and the Clerk of the House of Representatives’’ and inserting ‘‘Director of the Office of Public Integrity’’; and

(ii) by striking ‘‘Secretary of the Sen- ate and the Clerk of the House of Rep- resentatives’’ and inserting ‘‘Director of the Office of Public Integrity’’;

ate or the Clerk of the House of Rep- resentatives’’ and inserting ‘‘Director of the Office of Public Integrity’’; and

16 matter preceding paragraph (1), by striking ‘‘Sec-
17 retary of the Senate and the Clerk of the House of
18 Representatives’’ and inserting ‘‘Director of the Of-
19 fice of Public Integrity’’;

(3) in section 6(a) (2 U.S.C. 1605(a)), in the

20 (4) in section 7(a)(1) (2 U.S.C. 1606(a)(1)), by
21 striking ‘‘Secretary of the Senate or the Clerk of the
22 House of Representatives’’ and inserting ‘‘Director
23 of the Office of Public Integrity’’; and
24 (5) in section 8(c) (2 U.S.C. 1607(c)), by strik-
25 ing ‘‘Secretary of the Senate or the Clerk of the

HEN20B91 32X

S.L.C.

1 2 3 4 5 6 7 8 9

112
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 ‘cor- porate lobbyist’ means a lobbyist that, for financial or other compensation for services that include lob- bying 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 re-

designated by section 151(a) of this Act, the fol- lowing:

‘‘(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

HEN20B91 32X

S.L.C.

1 2 3 4 5 6 7 8 9

113
the filing of a public document with a sec-

retary 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 In- ternal Revenue Code of 1986;

‘‘(ii) a political organization, as de- fined 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 redesig-

nated by section 151(a) of this Act, and inserting the following:

‘‘(13) LOBBYIST.—The term ‘lobbyist’—

HEN20B91 32X

S.L.C.

1 2 3 4 5 6 7 8 9

114
‘‘(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 con- tacts; 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: ‘‘en- tity—

‘‘(i) of which the—’’;
(iii) in clause (i), as so designated—

HEN20B91 32X

S.L.C.

1 2 3 4 5 6 7 8 9

115
(I) in subclause (I), as so redes-

ignated, by inserting ‘‘, as estimated under section 5’’ after ‘‘$2,500’’; and (II) in subclause (II), as so re- designated, 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 activi-

ties 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 ‘‘sub- paragraph (A)’’ and inserting ‘‘subparagraph (A)(i)’’;

HEN20B91 32X

S.L.C.

1 2 3 4 5 6 7 8 9

116
(2) in subsection (b)—

(A) by striking paragraph (4);

(B) by redesignating paragraphs (5) and (6) as paragraphs (4) and (5), respectively;

(I) by striking ‘‘the general issues areas’’ and inserting ‘‘each spe- cific 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 redes- ignated—

(I) by striking ‘‘to the extent practicable, specific issues that have’’ and inserting ‘‘each specific issue, in- cluding any Federal legislation, rule, or regulation, or Executive order, that has’’; and

HEN20B91 32X

S.L.C.

1 2 3 4 5 6 7 8 9

117
(II) by striking ‘‘are’’ and insert-

ing ‘‘is’’;
(D) in paragraph (5), as so redesignated,

by striking the period and inserting a semi- colon; 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 re- tained, 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 en- tity;

HEN20B91 32X

S.L.C.

1 2 3 4 5 6 7 8 9

118
‘‘(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 reg- istration, has supervised, or who is likely to su- pervise, 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 reg- istrant that engages in lobbying activities or political intel- ligence activities on behalf of more than 1 client, the reg- istrant shall file a separate registration for each client.’’. SEC. 204. REPORTS BY LOBBYISTS.

(a) QUARTERLY REPORTS.—Section 5(b) of the Lob- bying 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—

HEN20B91 32X

S.L.C.

1 2 3 4 5 6 7 8 9

119
‘‘(A) each specific issue with respect to

which the registrant, or any employee of the registrant, engaged in lobbying activities or po- litical 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 in- telligence activity that the registrant has en- gaged in on behalf of the client, including—

‘‘(i) each document prepared by the registrant that was submitted to any cov- ered legislative branch official or covered executive branch official;

‘‘(ii) each meeting conducted that con- stituted a lobbying contact or a political in- telligence 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 con- stituted a lobbying contact or a political in- telligence contact, including the subject of

HEN20B91 32X

S.L.C.

1 2 3 4 5 6 7 8 9

120
the phone call, the date of the phone call,

and the name and position of each indi- vidual 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 reg-

istrant who did not participate in the lobbying contact or a political intelligence contact but en- gaged in lobbying activities or political intel- ligence activitites, respectively, in support of the lobbying contact or political intelligence contact, respectively, and a description of any such lob- bying 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—

HEN20B91 32X

S.L.C.

1 2 3 4 5 6 7 8 9

121
‘‘(i) the name, address, business tele-

phone number, and principal place of busi- ness of the person or entity;

‘‘(ii) a description of any lobbying ac- tivity 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 ac- tivity 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 ac- tivity by the person or entity on behalf of the client of the registrant; and

‘‘(v) the official action or inaction re- quested in the course of the lobbying activ- ity;’’.

(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:

HEN20B91 32X

S.L.C.

1 2 3 4 5 6 7 8 9

122
‘‘(6) a copy of any document transmitted to a

covered legislative branch official or a covered execu- tive branch official in the course of any lobbying ac- tivity by the registrant on behalf of the client.’’.
(b) ESTIMATES BASED ON TAX REPORTING SYS-

TEM.—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 re- quired 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

HEN20B91 32X

S.L.C.

123
‘‘(2) the terms ‘information-service employee’,

2 ‘public-relations counsel’, and ‘publicity agent’ have
3 the meanings given those terms in section 1 of the
4 Foreign Agents Registration Act of 1938 (22 U.S.C.
5 611).
6 ‘‘(b) PROHIBITION.—Except as provided in sub-
7 section (c), a covered lobbyist may not accept financial or
8 other compensation for services that include lobbying ac-
9 tivities on behalf of a foreign entity.
10 ‘‘(c) EXEMPTIONS.—The prohibition under sub-
11 section (b) shall not apply the following covered lobbyists:
12 ‘‘(1) DIPLOMATIC OR CONSULAR OFFICERS.—A
13 duly accredited diplomatic or consular officer of a
14 foreign government who is so recognized by the De-
15 partment of State, while the officer is engaged exclu-
16 sively in activities that are recognized by the Depart-
17 ment of State as being within the scope of the func-
18 tions of the officer.
19 ‘‘(2) OFFICIALS OF FOREIGN GOVERNMENTS.—
20 An official of a foreign government, if that govern-
21 ment is recognized by the United States, who is not
22 a public-relations counsel, a publicity agent, or an
23 information-service employee, or a citizen of the
24 United States, whose name and status and the char-
25 acter of whose duties as an official are of public

HEN20B91 32X

S.L.C.

124

1 record in the Department of State, while said official
2 is engaged exclusively in activities that are recog-
3 nized by the Department of State as being within
4 the scope of the functions of the official.
5 ‘‘(3) STAFF MEMBERS OF DIPLOMATIC OR CON-
6 SULAR OFFICERS.—A member of the staff of, or any
7 person employed by, a duly accredited diplomatic or
8 consular officer of a foreign government who is so
9 recognized by the Department of State, other than
10 a public-relations counsel, a publicity agent, or an
11 information-service employee, whose name and sta-
12 tus and the character of whose duties as such mem-
13 ber or employee are of public record in the Depart-
14 ment of State, while the member or employee is en-
15 gaged exclusively in the performance of activities
16 that are recognized by the Department of State as
17 being within the scope of the functions of the mem-
18 ber or employee.
19 ‘‘(4) PERSONS ENGAGING OR AGREEING TO EN-
20 GAGE IN THE SOLICITING OR COLLECTING OF FUNDS
21 FOR HUMANITARIAN RELIEF.—A person engaging or
22 agreeing to engage only in the soliciting or collecting
23 of funds and contributions within the United States
24 to be used only for medical aid and assistance, or for
25 food and clothing to relieve human suffering, if the

HEN20B91 32X

S.L.C.

1 2 3 4 5 6 7 8 9

125
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 pre- scribed thereunder.

‘‘(5) CERTAIN PERSONS QUALIFIED TO PRAC- TICE 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 enforce- ment inquiry, investigation, or proceeding; or

‘‘(iii) an agency proceeding required by statute or regulation to be conducted on the record.

HEN20B91 32X

S.L.C.

1 2 3 4 5 6 7 8 9

126
‘‘(d) PENALTIES.—Any person who knowingly vio-

lates 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 activ- ity 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 ARRANGE-

MENTS.

‘‘(a) DEFINITIONS.—In this section, the term ‘cov- ered lobbyist’ means—

‘‘(1) a lobbyist that is registered or is required to register under section 4(a)(1);

HEN20B91 32X

S.L.C.

1 2 3 4 5 6 7 8 9

127
‘‘(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 ac- tivities engaged in by the covered lobbyist.

‘‘(c) PENALTIES.—Any person who knowingly vio- lates 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 activ- ity shall be subject to disgorgement.’’.
SEC. 207. PROHIBITION ON PROVISION OF GIFTS OR TRAV-

EL 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 CONGRES- SIONAL EMPLOYEES’’;

(2) by striking subsection (a) and inserting the following:

HEN20B91 32X

S.L.C.

1 2 3 4 5 6 7 8 9

128
‘‘(a) PROHIBITION.—Except as provided in sub-

section (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 legisla- tive branch official or a covered executive branch official if—

‘‘(1) the gift or travel complies with any appli- cable 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 re-

lationship of the person with the covered legis- lative 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 of- ficial, unless the covered legislative branch offi- cial or a covered executive branch official has reason to believe that the gift or travel was given because of the official position of the cov-

HEN20B91 32X

S.L.C.

1 2 3 4 5 6 7 8 9

129
ered legislative branch official or a covered ex-

ecutive branch official;
‘‘(B) is a discount or similar benefit;
‘‘(C) results from the business or employ-

ment activities of the spouse of the covered leg- islative branch official or a covered executive branch official;

‘‘(D) is a gift or travel customarily pro- vided 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 legis-

lative branch official or covered executive branch official under specific Federal statutory authority.’’.

SEC. 208. APPLICATION OF GENERAL SCHEDULE TO CON- GRESS.

(a) IN GENERAL.—Section 5331 of title 5, United States Code, is amended—

HEN20B91 32X

S.L.C.

130
(1) in subsection (a), by striking ‘‘this sub-

2 chapter, ‘agency’, ‘employee’, ‘position’,’’ and insert-
3 ing the following: ‘‘this subchapter—
4 ‘‘(1) ‘agency’—
5 ‘‘(A) has the meaning given that term in
6 section 5102 of this title; and
7 ‘‘(B) includes—
8 ‘‘(i) the Government Accountability
9 Office; and
10 ‘‘(ii) any agency, office, or other enti-
11 ty for which the pay of the employees of
12 the agency, office, or other entity is dis-
13 bursed by the Secretary of the Senate or
14 the Chief Administrative Officer of the
15 House of Representatives;
16 ‘‘(2) ‘employee’—
17 ‘‘(A) means an individual employed in or
18 under an agency; and
19 ‘‘(B) does not include a Member of Con-
20 gress; and
21 ‘‘(3) ‘position’,’’; and
22 (2) in subsection (b), by inserting ‘‘and employ-
23 ees in positions in an agency described in subsection
24 (a)(1)(B)’’ after ‘‘chapter 51 applies’’.
25 (b) TECHNICAL AND CONFORMING AMENDMENTS.—

HEN20B91 32X

S.L.C.

1 2 3 4 5 6 7 8 9

131
(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 Ap-

propriations Act, 1988 (2 U.S.C. 4532) is repealed. (3) Sections 471 and 475 of the Legislative Re- organization 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 Ap-

propriation Act, 1977 (2 U.S.C. 4572) is repealed. (6) Section 315 of the Legislative Branch Ap- propriations Act, 1991 (2 U.S.C. 4573) is repealed. (7) Section 105 of the Legislative Branch Ap- propriation 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 Ap- propriation 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.’’.

HEN20B91 32X

S.L.C.

132
(9) Section 102(c)(2)(B) of the Legislative

2 Branch Appropriations Act, 2002 (2 U.S.C.
3 4579(c)(2)(B)) is amended by striking ‘‘exceeding’’
4 and all that follows and inserting ‘‘exceeding 1⁄12th
5 of the maximum annual rate of pay that is payable
6 for positions on the General Schedule under section
7 5304(g)(1) of title 5, United States Code.’’.
8 SEC. 209. REESTABLISHMENT OF OFFICE OF TECHNOLOGY
9 ASSESSMENT.
10 (a) AUTHORIZATION OF APPROPRIATIONS.—Section
11 12(a) of the Technology Assessment Act of 1972 (2
12 U.S.C. 481(a)) is amended by striking ‘‘there is hereby’’
13 and all that follows through the period at the end and
14 inserting ‘‘for each fiscal year there is authorized to be
15 appropriated to the Office such sums as may be nec-
16 essary.’’.
17 (b) INITIAL APPOINTMENTS.—Not later than 60 days
18 after the date on which appropriations are made available
19 to reestablish the Office of Technology Assessment, the
20 President pro tempore of the Senate and the Speaker of
21 the House of Representatives shall appoint the members
22 of the Technology Assessment Board in accordance with
23 section 4(a) of the Technology Assessment Act of 1972
24 (2 U.S.C. 473(a)).
25 (c) INITIAL RECOMMENDATIONS.—

HEN20B91 32X

S.L.C.

133
(1) IN GENERAL.—Not later than 270 days

2 after the date on which all members of the Tech-
3 nology Assessment Board are appointed under sub-
4 section (b), and after reviewing recommendations re-
5 lating to the reestablishment of the Office of Tech-
6 nology Assessment and meeting with relevant stake-
7 holders, the Technology Assessment Board shall sub-
8 mit to Congress recommendations concerning how
9 Congress should enhance technology assessment sup-
10 port for the legislative branch, including whether
11 Congress should enact new or revised authorities
12 that address resources, function, structure, or other
13 matters the Technology Assessment Board deter-
14 mines appropriate.
15 (2) REVIEW.—Not later than 90 days after the
16 date on which Congress receives the recommenda-
17 tions under paragraph (1), each committee of the
18 Senate or the House of Representatives with juris-
19 diction of any issue relating to technology assess-
20 ment support for the legislative branch shall hold a
21 hearing with respect to the recommendations.
22 (d) ADJUSTMENTS TO OTHER LAWS.—
23 (1) ANNUAL REPORTS.—Section 3003(a)(1) of
24 the Federal Reports Elimination and Sunset Act of
25 1995 (31 U.S.C. 1113 note) shall not apply to any

HEN20B91 32X

S.L.C.

1 2 3 4 5 6 7 8 9

134
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 Congres- sional 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 Assess- ment 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 ‘‘fol- lowing: 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 EX- PENDITURES.—

HEN20B91 32X

S.L.C.

1 2 3 4 5 6 7

9 10 11

135
(1) EXCISE TAX ON EXPENDITURES FOR LOB-

BYING ACTIVITIES.—
(A) IN GENERAL.—Chapter 33 of the In-

ternal Revenue Code of 1986 is amended by in- serting 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 expenditures are:
Over $125,000 but not over

The tax is:

35% of the quarterly lobbying ex- penditures in excess of $125,000.

$250,000.
Over $250,000 but not over $43,750, plus 60% of the excess over

$1,250,000. $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 para-

graph (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 OR- GANIZATIONS.—Paragraph (1) shall not apply to any organization which—

HEN20B91 32X

S.L.C.

1 2 3 4 5 6 7 8 9

24 25

136
‘‘(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 per- son.’’.

(B) CONFORMING AMENDMENT.—The

table of subchapters for chapter 33 of such

Code is amended by inserting after the item re-

lated to subchapter C the following new item: ‘‘SUBCHAPTER D—LOBBYING ACTIVITIES’’.

HEN20B91 32X

S.L.C.

137
paid or incurred in calendar quarters beginning

1 2 3 4

5 ENCING LEGISLATION FOR PURPOSES OF RESTRIC-
6 TIONS ON CERTAIN CHARITABLE ORGANIZATIONS.—
7 (A) IN GENERAL.—Section 4911(e)(2) of
8 the Internal Revenue Code of 1986 is amend-
9 ed—

(i) by striking ‘‘includes action with respect to Acts, bills’’ and inserting ‘‘in- cludes—

‘‘(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, Ex- ecutive order, or any other program, policy, or position of the United States Govern- ment,

‘‘(iii) the administration or execution of a Federal program or policy (including the negotiation, award, or administration

more than 60 days after the date of the enact- ment of this Act.
(2) MODIFICATION OF DEFINITION OF INFLU-

HEN20B91 32X

S.L.C.

1 2 3 4 5 6 7 8 9

138
of a Federal contract, grant, loan, permit,

or license), and
‘‘(iv) the nomination or confirmation

of a person for a position subject to con- firmation 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 chap- ter 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).

HEN20B91 32X

S.L.C.

139

1 ‘‘(b) TRANSFERS TO TRUST FUND.—There is hereby
2 appropriated to the Lobbying Defense Trust Fund
3 amounts equivalent to—
4 ‘‘(1) the taxes received in the Treasury under
5 section 4286, and
6 ‘‘(2) the civil penalties collected under the Anti-
7 Corruption and Public Integrity Act and the amend-
8 ments made by that Act.
9 ‘‘(c) AVAILABILITY.—Amounts transferred to the
10 Lobbying Defense Trust Fund shall—
11 ‘‘(1) remain available until expended; and
12 ‘‘(2) be used, without further appropriation, by
13 the Director of the Office of Public Integrity in ac-
14 cordance with subsection (d).

15 ‘‘(d) 16
17
18

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 ac- tions that were the subject of significant lob-

HEN20B91 32X

S.L.C.

1 2 3 4 5 6 7 8 9

140
bying 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 lob- bying activity during the previous quarter an amount equal to the amount obtained by multi- plying—

‘‘(i) the amount of taxes received in the Treasury under section 4286 that are attributable to lobbying expenditures dur- ing the previous quarter; by

‘‘(ii) the percentage of such taxes that were based on lobbying expenditures dur- ing the previous quarter related to rule- making within the jurisdiction of the exec- utive agency.
‘‘(C) USE OF TRANSFERRED FUNDS.—An

executive agency may use amounts transferred under subparagraph (B) for salaries and ex- penses relating to researching, reviewing, or fi- nalizing rules or other agency actions in accord-

HEN20B91 32X

S.L.C.

1 2 3 4 5 6 7 8 9

141
ance 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 fis- cal 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 Na- tional Public Advocate is requesting be transferred to the Office of the Public Ad- vocate; 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.

HEN20B91 32X

S.L.C.

1 2 3 4 5 6 7 8 9

142
‘‘(C) USE OF FUNDS.—Amounts trans-

ferred under subparagraph (B) may be used for any authorized activity of the Office of the Pub- lic 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 Congres- sional Research Service, the Congressional Budget Office, the Government Accountability Office, and the Office of Technology Assess- ment an amount equal to 25 percent of the dif- ference between—

‘‘(i) the amount of taxes received in the Treasury under section 4286 that are attributable to lobbying expenditures dur- ing the previous quarter; and

‘‘(ii) the amount of such taxes that were based on lobbying expenditures dur- ing the previous quarter related to rule-

HEN20B91 32X

S.L.C.

1 2 3 4 5 6 7 8 9

143
making within the jurisdiction of an execu-

tive agency.

‘‘(B) USE OF FUNDS.—Amounts trans- ferred 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 ‘sig- nificant lobbying activity’ for purposes of this sub- section.’’.

(2) CLERICAL AMENDMENT.—The table of sec-

tions for subchapter A of chapter 98 of such Code

is amended by adding at the end the following new

item:
‘‘Sec. 9512. Lobbying Defense Trust Fund.’’.

(3) EFFECTIVE DATE.—The amendments made by this subsection shall take effect on the date of en- actment 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—

HEN20B91 32X

S.L.C.

1 2 3 4 5 6 7 8 9

144
(1) by striking subsections (a) and (b) and in-

serting 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 per- son 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 sub- section (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 incor- porates or includes a scientific or technical study, or any other result of scientific research not published in a pub-

HEN20B91 32X

S.L.C.

145

1 licly available peer-reviewed publication, the interested
2 person, in making that submission, shall disclose—
3 ‘‘(1) the source of the funding for that study or
4 research, as applicable;
5 ‘‘(2) any entity that sponsored the study or re-
6 search;
7 ‘‘(3) the extent to which the findings of the
8 study or research were reviewed by a party that may
9 be affected by the rule making to which the submis-
10 sion relates;
11 ‘‘(4) the identity of any party identified under
12 paragraph (3); and
13 ‘‘(5) the nature of any financial relationship, in-
14 cluding a consulting agreement, the support of any
15 expert witness, and the funding of research, between
16 any person that conducted the study or research and
17 any interested person with respect to the rule mak-
18 ing to which the submission relates.’’.
19 (b) APPLICATION.—Section 553(f) of title 5, United
20 States Code, as added by subsection (a), shall apply with
21 respect to submissions made by interested persons on and
22 after the date of enactment of this Act.

HEN20B91 32X

S.L.C.

1 2 3 4 5 6 7 8 9

146

SEC. 302. INCREASING DISCLOSURES RELATING TO STUD- IES 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 sub- mitted by an interested person to an agency under sub- section (c), the agency shall ensure that the study or re- search is available to the public, unless disclosure is pro- hibited under section 552 of this title.

‘‘(h)(1) If a study or research submitted by an inter- ested 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 con- sideration, 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 regu- lated by the agency; or

‘‘(B) an entity that is regulated by the agency exercises editorial control over the study or research.

HEN20B91 32X

S.L.C.

1 2 3 4 5 6 7 8 9

147
‘‘(i) With respect to a rule making under this section,

an agency shall include in the notice of proposed rule mak- ing 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 enact- ment of this Act.
SEC. 303. DISCLOSURE OF INTER-GOVERNMENTAL RULE

CHANGES.

(a) DEFINITIONS.—In this section—
(1) the term ‘‘Administrator’’ means the Ad-

ministrator of the Office;
(2) the terms ‘‘agency’’, ‘‘regulatory action’’,

and ‘‘significant regulatory action’’ have the mean- ings given those terms in section 3 of the Executive Order;

(3) the term ‘‘Executive Order’’ means Execu- tive Order 12866 (5 U.S.C. 601 note; relating to regulatory planning and review); and

(4) the term ‘‘Office’’ means the Office of In- formation and Regulatory Affairs.

HEN20B91 32X

S.L.C.

1 2 3 4 5 6 7 8 9

148
(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 Adminis- trator 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 re- spect 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 Reg- ister, place in the rule making docket—

HEN20B91 32X

S.L.C.

1 2 3 4 5 6 7 8 9

149
(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.

tion 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

HEN20B91 32X

S.L.C.

1 2 3 4 5 6 7 8 9

150
(B) adopt, administer, or implement an

Executive order affecting administrative proce-

dure.

SEC. 304. JUSTIFICATION OF WITHDRAWN RULES.

(a) DEFINITIONS.—In this section—
(1) the term ‘‘Administrator’’ means the Ad-

ministrator 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 Execu- tive Order 12866 (5 U.S.C. 601 note; relating to regulatory planning and review); and

(4) the term ‘‘Office’’ means the Office of In- formation 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 ac- tion to the Office under that section, after pub- lishing 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

HEN20B91 32X

S.L.C.

1 2 3 4 5 6 7 8 9

151
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 agen- cy 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 govern-

ment; or
(v) an organization, a corporation, a

member of the public, or another inter-

ested party.

SEC. 305. NEGOTIATED RULE MAKING.

(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 in- serting ‘‘between agencies and Federal, State, local,

HEN20B91 32X

S.L.C.

1 2 3 4 5 6 7 8 9

152
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 govern- ment’’ after ‘‘identifiable’’; and

(ii) in paragraph (3), by striking ‘‘persons who’’ and inserting ‘‘representa- tives 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 govern- ments that’’; and

(bb) by striking ‘‘, including residents of rural areas’’; and
(II) in subparagraph (B)—

(aa) by striking ‘‘with such persons’’ and inserting ‘‘with rep-

HEN20B91 32X

S.L.C.

1 2 3 4 5 6 7 8 9

153
resentatives of those govern-

ments’’; 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 Fed- eral, State, local, or Tribal govern- ments that’’; and

(II) by striking ‘‘, including resi- dents of rural areas’’;

(3) in section 564—
(A) in the section heading, by striking ‘‘;

applications for membership on com- mittees’’;

(B) in subsection (a)—
(i) in paragraph (4), by striking ‘‘the

persons’’ and inserting ‘‘the representa- tives of Federal, State, local, and Tribal governments’’;

(ii) in paragraph (6), by adding ‘‘and’’ at the end;

HEN20B91 32X

S.L.C.

1 2 3 4 5 6 7 8 9

154
(iii) in paragraph (7), by striking ‘‘;

and’’ and inserting a period; and (iv) by striking paragraph (8);

(D) by redesignating subsection (c) as sub- section (b); and

(E) in subsection (b), as so redesignated— (i) in the subsection heading, by strik-

ing ‘‘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 ‘‘nego-

tiated rulemaking’’.
(b) TECHNICAL AND CONFORMING AMENDMENTS.—

HEN20B91 32X

S.L.C.

155
(1) BALANCED BUDGET ACT OF 1997.—Section

2 4554(b)(1) of the Balanced Budget Act of 1997 (42
3 U.S.C. 1395u note) is amended by striking ‘‘, using
4 a negotiated rulemaking process under subchapter
5 III of chapter 5 of title 5, United States Code’’.
6 (2) ELEMENTARY AND SECONDARY EDUCATION
7 ACT OF 1965.—The Elementary and Secondary Edu-
8 cation Act of 1965 (20 U.S.C. 6301 et seq.) is
9 amended—
10 (A) in section 1601 (20 U.S.C. 6571)—
11 (i) in subsection (a), by striking ‘‘sub-
12 sections (b) through (d)’’ and insert ‘‘sub-
13 section (b)’’;
14 (ii) by striking subsections (b) and
15 (c); and
16 (iii) by redesignating subsections (d)
17 and (e) as subsections (b) and (c), respec-
18 tively;
19 (B) by repealing section 1602 (20 U.S.C.
20 6572); and
21 (C) in section 8204(c)(1) (20 U.S.C.
22 7824(c)(1)), by striking ‘‘using a negotiated
23 rulemaking process to develop regulations for
24 implementation no later than the 2017-2018
25 academic year, shall define’’ and inserting

HEN20B91 32X

S.L.C.

1 2 3 4 5 6 7 8 9

156
‘‘shall, for implementation no later than the

2017-2018 academic year, define’’.

(3) HEALTH INSURANCE PORTABILITY AND AC- COUNTABILITY 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 insert- ing the following:
‘‘(1) IN GENERAL.—The Secretary of Health Human Services (in this subsection referred to

and
as the ‘Secretary’) shall establish standards’’;

(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)’’.

HEN20B91 32X

S.L.C.

1 2 3 4 5 6 7 8 9

157
(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)—

HEN20B91 32X

S.L.C.

1 2 3 4 5 6 7 8 9

158
(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 Gen- eral 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 in- serting ‘‘under the rule making authority contained in section 557 of title 5, United States Code.’’.

(6) MAGNUSON-STEVENS FISHERY CONSERVA- TION 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

HEN20B91 32X

S.L.C.

1 2 3 4 5 6 7 8 9

159
(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 Report- ing 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);

subsection (b) and adjusting the margins accordingly;

HEN20B91 32X

S.L.C.

1 2 3 4 5 6 7 8 9

160
(ii) by striking ‘‘ESTABLISHMENT’’

and all that follows through ‘‘The Sec- retary of Health and Human Services (in this section referred to as the ‘Secretary’) shall establish, through a negotiated rule- making 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 ‘Sec- retary’) shall establish’’;

(iii) by redesignating subparagraphs (A) and (B) as paragraphs (1) and (2), re- spectively, and adjusting the margins ac- cordingly; and

(iv) in paragraph (1), as so redesig- nated, by adding ‘‘and’’ at the end; and (D) in subsection (b), as so redesignated,

by striking ‘‘paragraph (1)’’ and inserting ‘‘sub- section (a)’’.
(9) PRICE-ANDERSON AMENDMENTS ACT OF

1988.—Section 19 of the Price-Anderson Amend- ments Act of 1988 (42 U.S.C. 2210 note) is amend- ed—

(A) by striking subsection (b); and

HEN20B91 32X

S.L.C.

161
(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

10 the Social Security Act (42 U.S.C. 1395 et seq.) is
11 amended—
12 (A) in section 1834(l)(1) (42 U.S.C.
13 1395m(l)(1)), by striking ‘‘through a negotiated
14 rulemaking process described in title 5, United
15 States Code, and’’; and
16 (B) in section 1856(a) (42 U.S.C. 1395w–
17 26(a))—

18
19 (9); 20
21
22
23
24

1 2 3 4 5 6 7 8 9

(i) by striking paragraphs (2) through

(ii) in paragraph (1)—
(I) by striking ‘‘ESTABLISH-

MENT’’ and all that follows through ‘‘The Secretary’’ and inserting ‘‘ES- TABLISHMENT.—The Secretary’’;

HEN20B91 32X

S.L.C.

1 2 3 4 5 6 7 8 9

22 23

162
(II) by striking ‘‘and using a ne-

gotiated rulemaking process under subchapter III of chapter 5 of title 5, United States Code’’; and

(III) by redesignating subpara- graphs (B) and (C) as paragraphs (2) and (3), respectively, and adjusting the margins accordingly; and
(iii) in paragraph (2), as so redesig-

nated—
(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 adjust- ing the margins accordingly.

(11) TITLE 5.—The table of sections for sub-

chapter 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—

HEN20B91 32X

S.L.C.

1 2 3 4 5 6 7 8 9

163
(A) by striking ‘‘shall—’’ and all that fol-

lows through ‘‘issue’’ and inserting ‘‘shall issue’’;

(B) by striking ‘‘; or’’ and inserting a pe- riod; and

(C) by striking subparagraph (B).
(13) TOXIC SUBSTANCES CONTROL ACT.—Sec- tion 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 sub- section (f).

SEC. 306. STREAMLINING OIRA REVIEW.

(a) DEFINITIONS.—In this section—
(1) the term ‘‘Administrator’’ means the Ad-

ministrator of the Office;
(2) the terms ‘‘agency’’, ‘‘regulatory action’’,

and ‘‘significant regulatory action’’ have the mean- ings given those terms in section 3 of the Executive Order;

HEN20B91 32X

S.L.C.

164
(3) the term ‘‘Executive Order’’ means Execu-

2 tive Order 12866 (5 U.S.C. 601 note; relating to
3 regulatory planning and review); and
4 (4) the term ‘‘Office’’ means the Office of In-
5 formation and Regulatory Affairs.
6 (b) PROHIBITIONS.—
7 (1) NON-EXECUTIVE BRANCH OFFICIALS.—
8 With respect to a regulatory action of an agency, the
9 Office may not engage in communications or meet-
10 ings with an individual that is not employed by the
11 executive branch of the Federal Government if the
12 regulatory action is or may be subject to review by
13 the Office under section 6(b) of the Executive Order.
14 (2) INFORMAL REVIEW.—With respect to a reg-
15 ulatory action of an agency that may be subject to
16 review by the Office under section 6(b) of the Execu-
17 tive Order, the Office may not engage in commu-
18 nications or meetings with the agency before the
19 date on which the agency submits the regulatory ac-
20 tion to the Office under section 6(a)(3) of the Exec-
21 utive Order.
22 (c) TIME PERIOD FOR OIRA REVIEW.—
23 (1) IN GENERAL.—Except as provided in para-
24 graph (2), the Office shall complete a review of a
25 significant regulatory action under section 6(b) of

HEN20B91 32X

S.L.C.

165

1 the Executive Order not less than 45 days after the
2 date on which the Office receives the significant reg-
3 ulatory action under section 6(a)(3) of the Executive
4 Order.
5 (2) EXTENSION.—The Office may extend the
6 45-day period described in paragraph (1) by a single
7 30-day period if the Office provides the agency with,
8 and makes publicly available, a written justification
9 for the extension.
10 (3) PUBLICATION OF REGULATORY ACTION.—If
11 the Office waives review of a significant regulatory
12 action of an agency under section 6(b)(2) of the Ex-
13 ecutive Order without a request for further consider-
14 ation or does not notify the agency in writing of the
15 results of the review under section 6(b) of the Exec-
16 utive Order within the time frame described in para-
17 graph (1) or (2), the agency may publish the signifi-
18 cant regulatory action in the Federal Register.
19 (d) RULE OF CONSTRUCTION.—Nothing in this sec-
20 tion shall be construed—
21 (1) as an endorsement by Congress of—
22 (A) the institution of centralized regulatory
23 review; or

HEN20B91 32X

S.L.C.

1 2 3 4 5 6 7 8 9

166
(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 proce- dure.

SEC. 307. LIMITING TEMPORARY COURT INJUNCTIONS AND POSTPONING OF FINAL RULES PENDING JU-

DICIAL REVIEW.

Section 705 of title 5, United States Code, is amend- ed—

(1) by striking the first sentence; and

(2) by adding at the end the following: ‘‘Not- withstanding the preceding sentence, with respect to agency action relating to notice and comment rule making under section 553 of this title, on such con- ditions as may be required and to the extent nec- essary to prevent irreparable injury, only the review- ing 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 nec-

HEN20B91 32X

S.L.C.

167

1 essary and appropriate process to postpone the effec-
2 tive date of the agency action or to preserve status
3 or rights pending conclusion of the review pro-
4 ceedings.’’.
5 SEC. 308. PENALIZING INDIVIDUALS THAT SUBMIT FALSE
6 INFORMATION TO AGENCIES.
7 Section 553 of title 5, United States Code, as amend-
8 ed by section 302 of this Act, is amended by adding at
9 the end the following:
10 ‘‘(j)(1) In this subsection, the term ‘covered person’
11 means—
12 ‘‘(A) any person who is or is required to be reg-
13 istered as a corporate lobbyist, as defined in section
14 3 of the Lobbying Disclosure Act of 1995 (2 U.S.C.
15 1602);
16 ‘‘(B) any for-profit corporation;
17 ‘‘(C) any entity described in section 501(c)(6)
18 of the Internal Revenue Code of 1986 of which 1 or
19 more members are for-profit corporations; and
20 ‘‘(D) any person working on behalf of a for-
21 profit corporation, including any person com-
22 pensated by or otherwise financially supported by a
23 corporation, for the purpose of submitting a state-
24 ment or entry with respect to a rule making under
25 this section.

HEN20B91 32X

S.L.C.

1 2 3 4 5 6 7 8 9

168
‘‘(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 re- spect 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 fol- lowing:

‘‘(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 Pub- lic Integrity;

‘‘(iii) not be an employee of the Federal Gov- ernment;

‘‘(iv) be entitled to compensation at the same rate as the highest rate of basic pay established for

HEN20B91 32X

S.L.C.

1 2 3 4 5 6 7 8 9

169
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 pre- ceding appointment under this subparagraph; and

‘‘(viii) agree not to accept an offer of employ- ment 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 par-

ticipation 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.

HEN20B91 32X

S.L.C.

1 2 3 4 5 6 7 8 9

170
‘‘(3) Not later than 180 days after the date on which

the National Public Advocate is appointed under this sub- section or 180 days after the date of enactment of this subsection, whichever is later, the National Public Advo- cate shall propose regulations to carry out this sub- section.’’.

SEC. 310. ACTIONS BY PRIVATE PERSONS.

(a) DEFINITIONS.—In this section, the terms ‘‘agen- cy’’ 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 Gov- ernment, in the name of the Government, against any person, including the United States Government and any other governmental instrumentality or agen- cy to the extent permitted by the Eleventh Amend- ment 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 evi- dence and information the person possesses shall be

HEN20B91 32X

S.L.C.

171

1 served on the Government pursuant to rule 4(d)(4)
2 of the Federal Rules of Civil Procedure. The Gov-
3 ernment may elect to intervene and proceed with the
4 action within 60 days after it receives both the com-
5 plaint and the material evidence and information.
6 (3) PARTY CONDUCTING THE ACTION.—Before
7 the expiration of the 60-day period under paragraph
8 (2), the Government shall—
9 (A) proceed with the action, in which case
10 the action shall be conducted by the Govern-
11 ment; or
12 (B) notify the court that it declines to pro-
13 ceed with the action, in which case the person
14 bringing the action shall have the right to con-
15 duct the action.
16 (4) AWARD TO PLAINTIFF.—
17 (A) GOVERNMENT PROCEEDS WITH AC-
18 TION.—If the Government proceeds with an ac-
19 tion brought by a person under this subsection,
20 the person shall receive at least 15 percent but
21 not more than 25 percent of the proceeds of the
22 action or settlement of the claim, depending
23 upon the extent to which the person substan-
24 tially contributed to the prosecution of the ac-
25 tion. Any payment to a person under this sub-

HEN20B91 32X

S.L.C.

1 2 3 4 5 6 7 8 9

172
paragraph 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 attor- ney’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 pen- alty 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 ex- penses that the court finds to have been nec- essarily incurred, plus reasonable attorney’s fees and costs. The expenses, fees, and costs shall be awarded against the defendant.

22 SEC. 311. SCOPE OF REVIEW.
23 Section 706 of title 5, United States Code, is amend-
24 ed—

HEN20B91 32X

S.L.C.

173
(1) in the first sentence of the matter preceding

2 paragraph (1), by striking ‘‘To the extent nec-
3 essary’’ and inserting ‘‘(a) IN GENERAL.—To the
4 extent necessary’’;
5 (2) in subsection (a), as so designated, by in-
6 serting after the first sentence the following: ‘‘If a
7 statute that an agency administers is silent or am-
8 biguous, and an agency has followed the procedures
9 in section 553 or 554 of this title, as applicable, a
10 reviewing court shall defer to the agency’s reason-
11 able or permissible interpretation of that statute.’’;
12 (3) by striking ‘‘In making the foregoing deter-
13 minations’’ and inserting the following:
14 ‘‘(b) REVIEW OF RECORD.—In making the deter-
15 minations under subsection (a)’’;
16 (4) in subsection (b), as so designated, by in-
17 serting ‘‘except any part of the record that the agen-
18 cy excluded from consideration pursuant to section
19 553(h)(1) of this title,’’ after ‘‘party,’’; and
20 (5) by adding at the end the following:
21 ‘‘(c) UNREASONABLE DELAY.—For purposes of sub-
22 section (a)(1), unreasonable delay shall include—
23 ‘‘(1) when an agency has not issued a notice of
24 proposed rule making within 1 year of the date of
25 enactment of the legislation mandating the rule

HEN20B91 32X

S.L.C.

174

1 making, where no deadline for the rule making was
2 specified in the enacted law;
3 ‘‘(2) when an agency has not issued a final
4 version of a proposed rule within 1 year of date on
5 which the proposed rule was published in the Fed-
6 eral Register; and
7 ‘‘(3) when an agency has not implemented a
8 final rule within 1 year of the implementation date
9 published in the Federal Register or, if no imple-
10 mentation date was provided, within 1 year of the
11 date on which the final rule was published in the
12 Federal Register.’’.
13 SEC. 312. EXPANDING RULE MAKING NOTIFICATIONS.
14 Section 553 of title 5, United States Code, as amend-
15 ed by section 308 of this Act, is amended by adding at
16 the end the following:
17 ‘‘(k)(1) Not later than 2 business days after the date
18 on which an agency publishes a notice of proposed rule
19 making or a final rule under this section, the agency shall
20 notify interested parties of the publication.
21 ‘‘(2) The Director of the Government Printing Office
22 shall establish a process under which an agency shall no-
23 tify interested parties under paragraph (1) through e-mail
24 or postal mail.’’.

HEN20B91 32X

S.L.C.

1 2 3 4 5 6 7 8 9

175

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 re- quested issuance, amendment, or repeal of a rule, a written explanation for not engaging in the re- quested 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 ‘‘agen- cy’’ and ‘‘regulation’’ have the meanings given those terms

HEN20B91 32X

S.L.C.

1 2 3 4 5 6 7 8 9

176
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 regula- tion to the public, including the nonquantifiable ben- efits 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 imple- mented as envisioned, resulting in significant pay disparities between Federal Government and non- Federal employees, including private-sector employ- ees;

(2) Federal employees have experienced pay challenges in recent years owing to pay freezes, re- duced pay increases, and unpaid furlough days,

HEN20B91 32X

S.L.C.

1 2 3 4 5 6 7 8 9

177
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 adjust- ment 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 pe-

riod at the end and inserting ‘‘; and’’; and (C) by adding at the end the following:

‘‘(3) the term ‘gift’ means anything of value, in- cluding transportation, travel, lodgings and meals, whether provided in-kind, by purchase of a ticket,

HEN20B91 32X

S.L.C.

1 2 3 4 5 6 7 8 9

178
payment in advance, or reimbursement after the ex-

pense 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:

‘‘§ 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 Edu-

cation 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 mem- bership to all members of the bar;

HEN20B91 32X

S.L.C.

1 2 3 4 5 6 7 8 9

179
‘‘(5) the term ‘private judicial seminar’—

‘‘(A) means a seminar, symposia, panel discussion, course, or a similar event that pro- vides 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 asso- ciation or State or local bar association for the benefit of the bar association member- ship; or

‘‘(iii) seminars of any length con- ducted by, and on the campus of an insti- tute of higher education or by a national bar association or State or local bar asso- ciation, 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.

HEN20B91 32X

S.L.C.

180

1 ‘‘(b) FUND.—There is established within the United
2 States Treasury a fund to be known as the ‘Judicial Edu-
3 cation Fund’.
4 ‘‘(c) USE OF AMOUNTS.—Amounts in the Fund may
5 be made available for the payment of necessary expenses,
6 including reasonable expenditures for transportation, food,
7 lodging, private judicial seminar fees and materials, in-
8 curred by a judge or justice in attending a private judicial
9 seminar approved by the Board. Necessary expenses shall
10 not include expenditures for recreational activities or en-
11 tertainment other than that provided to all attendees as
12 an integral part of the private judicial seminar. Any pay-
13 ment from the Fund shall be approved by the Board.
14 ‘‘(d) REQUIRED INFORMATION.—The Board may ap-
15 prove a private judicial seminar after submission of infor-
16 mation by the sponsor of that private judicial seminar that
17 includes—
18 ‘‘(1) the content of the private judicial seminar
19 (including a list of presenters, topics, and course
20 materials); and
21 ‘‘(2) the litigation activities of the sponsor (in-
22 cluding any amicus briefs submitted by the sponsor)
23 and the presenters at the private judicial seminar
24 (including the litigation activities of the employer of

HEN20B91 32X

S.L.C.

1 2 3 4 5 6 7 8 9

21 22 23

181
each presenter) on the topic related to those ad-

dressed at the private judicial seminar.

‘‘(e) PUBLIC AVAILABILITY.—If the Board approves a private judicial seminar, the Board shall make the infor- mation submitted under subsection (d) relating to the pri- vate 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 ap- proves 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 2019, 2020, and 2021, to remain available until expended.’’.

(2) TECHNICAL AND CONFORMING AMEND-

MENT.—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 PROHIB- ITED.—

(1) DEFINITIONS.—In this subsection—

HEN20B91 32X

S.L.C.

1 2 3 4 5 6 7 8 9

182
(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 edu- cation’’ 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 ju- dicial seminar.

(3) EXCEPTION.—The prohibition under the regulations promulgated under paragraph (2) shall not apply if—

(A) the judge participates in a private judi- cial seminar as a speaker, panel participant, or otherwise presents information;

HEN20B91 32X

S.L.C.

183
(B) Federal judges are not the primary au-

dience at the private judicial seminar; and (C) the gift accepted is—

(i) reimbursement from the private ju- dicial seminar sponsor of reasonable trans- portation, food, or lodging expenses on any day on which the judge speaks, partici- pates, or presents information, as applica- ble;

1 2 3 4 5 6 7 8 9

20 SEC. 403. CODE OF CONDUCT.
21 (a) SENSE OF CONGRESS.—It is the sense of Con-
22 gress that in order for justices and judges, both of the
23 supreme and inferior courts, to hold their offices during
24 ‘‘good behaviour’’ under section 1 of article III of the Con-
25 stitution of the United States, the judges and justices

(ii) attendance at the private judicial seminar on any day on which the judge speaks, participates, or presents informa- tion, as applicable; or

(iii) anything excluded from the defi- nition 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.

HEN20B91 32X

S.L.C.

184

1 shall, among other requirements, adhere to the Code of
2 Conduct for United States Judges adopted by the Judicial
3 Conference of the United States described in this section.
4 (b) APPLICABILITY.—The Code of Conduct for
5 United States Judges adopted by the Judicial Conference
6 of the United States shall apply to the justices of the Su-
7 preme Court of the United States to the same extent as
8 such Code applies to circuit and district judges.
9 (c) ENFORCEMENT.—The Judicial Conference shall
10 establish procedures, modeled after the procedures set
11 forth in chapter 16 of title 28, United States Code, under
12 which—
13 (1) complaints alleging that a justice of the Su-
14 preme Court of the United States has violated the
15 Code of Conduct referred to in subsection (a) may
16 be filed with or identified by the Conference;
17 (2) such material, nonfrivolous complaints and
18 any accompanying material are immediately referred
19 to the Supreme Court Review Committee established
20 in section 415; and
21 (3) further action, where appropriate, is taken
22 by the Conference, with respect to such complaints.
23 (d) SUBMISSION TO CONGRESS; EFFECTIVE DATE.—
24 (1) SUBMISSION TO CONGRESS.—Not later than
25 180 days after the date of enactment of this Act, the

HEN20B91 32X

S.L.C.

1 2 3 4 5 6 7 8 9

185
Judicial Conference shall submit to Congress the

procedures established under subsection (b).
(2) EFFECTIVE DATE.—The procedures estab- lished under subsection (b) shall take effect 1 year

after the date of enactment of this Act.

SEC. 404. IMPROVING DISCLOSURE.

(a) FINANCIAL REPORTS.—Section 103(h) of the Ethics in Government Act of 1978 (5 U.S.C. App.) is amended by adding at the end the following:

‘‘(3) Not later than 90 days after a report is filed under this title by an individual described in section 109(10), the Judicial Conference shall make publicly avail- able online, at no cost, each report required under this title 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.’’.

(b) 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

HEN20B91 32X

S.L.C.

186

1 interest that would require the justice, judge, or
2 magistrate to be recused under subsection (b)(4).
3 ‘‘(2) The Judicial Conference shall maintain
4 and make publicly available online, at no cost, each
5 list required under this subsection that is filed with
6 the Judicial Conference in a format that is search-
7 able, sortable, machine readable, downloadable, and
8 accessible format, and accessible in multiple lan-
9 guages and to individuals with disabilities.
10 ‘‘(3) The Judicial Conference may issue public
11 or private guidance to justices, judges, and mag-
12 istrate judges of the United States regarding the
13 contents of the lists under this subsection to ensure
14 such lists comply with the disqualification require-
15 ments of (b)(4).’’.
16 (c) SPEECHES.—
17 (1) IN GENERAL.—Each justice, judge, and
18 magistrate judge of the United States shall maintain
19 and submit to the Judicial Conference of the United
20 States a copy of each speech or other significant oral
21 communication made by the justice, judge or mag-
22 istrate.
23 (2) AVAILABILITY.—The Judicial Conference of
24 the United States shall maintain and make each
25 speech or other significant oral communication sub-

HEN20B91 32X

S.L.C.

187

1 mitted under paragraph (1) available to the public
2 in printed form, upon request, and online, at no
3 cost, in a format that is searchable, sortable, ma-
4 chine readable, downloadable, and accessible in mul-
5 tiple languages and to individuals with disabilities.
6 (3) REGULATIONS.—Not later than 180 days
7 after the date of enactment of this Act, the Judicial
8 Conference of the United States shall promulgate
9 regulations regarding the types of oral communica-
10 tions that are required to be maintained, submitted,
11 and made publicly available under this subsection.
12 (d) LIVESTREAMING JUDICIAL PROCEEDINGS.—
13 (1) DEFINITION.—In this section, the term
14 ‘‘appellate court of the United States’’ means any
15 United States circuit court of appeals and the Su-
16 preme Court of the United States.
17 (2) STREAMING OF COURT PROCEEDINGS.—In
18 accordance with procedures established by the Judi-
19 cial Conference of the United States, the audio of
20 each open session conducted by an appellate court of
21 the United States shall be made available online con-
22 temporaneously with the session, unless the appel-
23 late court of the United States, by a majority vote,
24 determines that making audio of the session avail-

HEN20B91 32X

S.L.C.

188

1 able online would violate the constitutional rights or
2 threaten the safety of any party to the proceeding.
3 (e) PUBLICIZING CASE ASSIGNMENT INFORMA-
4 TION.—
5 (1) IN GENERAL.—Not later than 180 days
6 after the date of enactment of this Act, the Judicial
7 Conference of the United States shall promulgate
8 regulations requiring each court of the United States
9 to make case assignment data available to the public
10 online, at no cost, in a searchable, sortable, machine
11 readable, downloadable, and accessible in multiple
12 languages and to individuals with disabilities.
13 (2) CONTENTS.—The case assignment data
14 made available under paragraph (1) shall include, at
15 a minimum, and to the extent available, the case
16 title, docket number, case origin, filing date, and
17 name of each authoring judge, concurring judge, and
18 dissenting judge for each opinion issued in the case.
19 (f) MAKING WEBSITES USER-FRIENDLY.—Not later
20 than 180 days after the date of enactment of this Act,
21 the Judicial Conference of the United States shall promul-
22 gate regulations requiring an evaluation of, and improve-
23 ments to, the website of each district court of the United
24 States to ensure the website is easy to understand, includ-

HEN20B91 32X

S.L.C.

189

1 ing that it is clear how to file a complaint relating to a
2 judge or an employee of the district court.
3 (g) ACCESSIBILITY.—The Judicial Conference shall
4 make efforts to ensure that the any disclosures required
5 under this section are made available to the public in plain
6 language, in a variety of languages, and accessible to indi-
7 viduals with disabilities.
8 SEC. 405. APPOINTMENT OF ADMINISTRATIVE LAW
9 JUDGES.
10 (a) IN GENERAL.—Section 3105 of title 5, United
11 States Code is amended by inserting after the first sen-
12 tence the following: ‘‘Administrative law judge positions
13 shall be positions in the competitive service.’’.
14 (b) CONVERSION OF POSITIONS.—With respect to
15 any individual serving on the date of enactment of this
16 Act in an excepted service position as an administrative
17 law judge appointed under section 3105 of title 5, United
18 States Code, as in effect on the day before the date of
19 enactment of this Act, the head of the agency employing
20 the administrative law judge shall convert the appointment
21 to a permanent appointment in the competitive service in
22 the agency.
23 (c) APPLICABILITY.—This section and the amend-
24 ments made by this section shall apply on and after the
25 date of enactment of this Act.

HEN20B91 32X

S.L.C.

190

1 SEC. 406. IMPROVE REPORTING ON JUDICIAL DIVERSITY.
2 Section 331 of title 28, United States Code, is
3 amended in the eighth undesignated paragraph by adding
4 at the end the following: ‘‘The report submitted by the
5 Chief Justice under this paragraph shall include a report
6 on the diversity of the Federal judiciary, including diver-
7 sity of justices and judges of the United States based on
8 gender, race, ethnicity, religion, disability status, sexual
9 orientation, gender identity, national origin, and profes-
10 sional experience (including any law firms where the
11 judges previously practiced law) before being appointed a
12 justice or judge of the United States.’’.
13 SEC. 407. PLEADING STANDARDS.
14 (a) IN GENERAL.—Rule 12 of the Federal Rules of
15 Civil Procedure is amended by adding at the end the fol-
16 lowing:
17 ‘‘(j) PLEADING STANDARDS. A court shall not dismiss
18 a complaint under Rule 12(b)(6), (c) or (e):
19 ‘‘(1) unless it appears beyond doubt that the
20 plaintiff can prove no set of facts in support of the
21 claim which would entitle the plaintiff to relief; or
22 ‘‘(2) on the basis of a determination by the
23 court that the factual contents of the complaint do
24 not show the plaintiff’s claim to be plausible or are
25 insufficient to warrant a reasonable inference that
26 the defendant is liable for the misconduct alleged.’’.

HEN20B91 32X

S.L.C.

191

1 (b) APPLICABILITY.—Rule 12(j) of the Federal Rules
2 of Civil Procedure, as added by subsection (a) shall apply
3 with respect to the dismissal of complaints except as other-
4 wise expressly provided by an Act of Congress enacted
5 after the date of the enactment of this Act or by amend-
6 ments made after such date of enactment to the Federal
7 Rules of Civil Procedure pursuant to the procedures pre-
8 scribed by the Judicial Conference of the United States
9 under chapter 131 of title 28, United States Code.
10 SEC. 408. ELECTRONIC COURT RECORDS REFORM.
11 (a) DEFINITIONS.—In this section:
12 (1) ADMINISTRATOR.—The term ‘‘Adminis-
13 trator’’ means the Administrator of General Serv-
14 ices.
15 (2) DIRECTOR.—The term ‘‘Director’’ means
16 the Director of the Administrative Office of the
17 United States Courts.
18 (3) MACHINE-READABLE.—The term ‘‘machine-
19 readable’’ means a format in which information or
20 data can be easily processed by a computer without
21 human intervention while ensuring no semantic
22 meaning is lost.
23 (b) CONSOLIDATION OF THE CASE MANAGEMENT/
24 ELECTRONIC CASE FILES SYSTEM.—

HEN20B91 32X

S.L.C.

1 2 3 4 5 6 7 8 9

192
(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 ad- ministered 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 liti- gants.

(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 sys- tem developed under this subsection at a level sufficient to recover the cost of providing the

HEN20B91 32X

S.L.C.

1 2 3 4 5 6 7 8 9

193
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 sys- tem, which shall be subject to the following require- ments:

(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.

(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.

HEN20B91 32X

S.L.C.

1 2 3 4 5 6 7 8 9

194
(F) The system shall include any available

digital audio and visual files of court record- ings.

(G) The system shall provide search func- tions for public use.
(2) MINIMIZING THE BURDEN ON PRO SE LITI-

GANTS.—In developing the system to comply with the requirements under paragraph (1), the Director shall, to the extent practicable, not impose a dis- proportionate 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 dis- abilities), affordability, and performance; and

(B) to minimize the burden on pro se liti- gants.

(4) AUTHORITY TO EXEMPT CERTAIN DOCU- MENTS.—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).

HEN20B91 32X

S.L.C.

1 2 3 4 5 6 7 8 9

195
(5) FILING FEES.—The Judiciary Appropria-

tions 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 De- partment of Justice equal to the Public Access to Court Electronic Records access fees paid by the De- partment of Justice in 2018, as adjusted for infla- tion; and

‘‘(B) may, only to the extent necessary, pre- scribe 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

HEN20B91 32X

S.L.C.

1 2 3 4 5 6 7 8 9

196
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 be- comes 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 require- ments 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—

HEN20B91 32X

S.L.C.

1 2 3 4 5 6 7 8 9

197
(1) prohibit predispute arbitration agreements

that force arbitration of future employment, con- sumer, 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, con- sumer, 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 EMPLOY- MENT, CONSUMER, ANTITRUST, AND CIVIL RIGHTS DISPUTES

‘‘Sec.
‘‘401. Definitions.
‘‘402. No validity or enforceability.

‘‘§ 401. Definitions

‘‘In this chapter—
‘‘(1) the term ‘antitrust dispute’ means a dis-

pute—
‘‘(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

HEN20B91 32X

S.L.C.

1 2 3 4 5 6 7 8 9

198
‘‘(B) in which the plaintiffs seek certifi-

cation 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 dis-

pute—
‘‘(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 or- igin, or any legally protected status in edu- cation, employment, credit, housing, public accommodations and facilities, voting, vet- erans or servicemembers, health care, or a program funded or conducted by the Fed- eral Government or State government, in- cluding 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

HEN20B91 32X

S.L.C.

1
2
3
4
5
6
7
8
9 pute between—

199
‘‘(B) in which at least one party alleging a

violation described in subparagraph (A) is one or more individuals (or their authorized rep- resentative), including one or more individuals seeking certification as a class under rule 23 of the Federal Rules of Civil Procedure or a com- parable rule or provision of State law;

‘‘(3) the term ‘consumer dispute’ means a dis-

10 ‘‘(A) one or more individuals who seek or
11 acquire real or personal property, services (in-
12 cluding services related to digital technology),
13 securities or other investments, money, or credit
14 for personal, family, or household purposes in-
15 cluding an individual or individuals who seek
16 certification as a class under rule 23 of the
17 Federal Rules of Civil Procedure or a com-
18 parable rule or provision of State law; and
19 ‘‘(B)(i) the seller or provider of such prop-
20 erty, services, securities or other investments,
21 money, or credit; or
22 ‘‘(ii) a third party involved in the selling,
23 providing of, payment for, receipt or use of in-
24 formation about, or other relationship to any

HEN20B91 32X

S.L.C.

200
such property, services, securities or other in-

1 2 3

4 dispute between one or more individuals (or their
5 authorized representative) and a person arising out
6 of or related to the work relationship or prospective
7 work relationship between them, including a dispute
8 regarding the terms of or payment for, advertising
9 of, recruiting for, referring of, arranging for, or dis-
10 cipline or discharge in connection with, such work,
11 regardless of whether the individual is or would be
12 classified as an employee or an independent con-
13 tractor with respect to such work, and including a
14 dispute arising under any law referred to or de-
15 scribed in section 62(e) of the Internal Revenue
16 Code of 1986, including parts of such law not explic-
17 itly referenced in such section but that relate to pro-
18 tecting individuals on any such basis, and including
19 a dispute in which an individual or individuals seek
20 certification as a class under rule 23 of the Federal
21 Rules of Civil Procedure or as a collective action
22 under section 16(b) of the Fair Labor Standards
23 Act, or a comparable rule or provision of State law;
24 ‘‘(5) the term ‘predispute arbitration agree-
25 ment’ means an agreement to arbitrate a dispute

vestments, money, or credit;
‘‘(4) the term ‘employment dispute’ means a

HEN20B91 32X

S.L.C.

201

1 that has not yet arisen at the time of the making
2 of the agreement; and
3 ‘‘(6) the term ‘predispute joint-action waiver’
4 means an agreement, whether or not part of a
5 predispute arbitration agreement, that would pro-
6 hibit, or waive the right of, one of the parties to the
7 agreement to participate in a joint, class, or collec-
8 tive action in a judicial, arbitral, administrative, or
9 other forum, concerning a dispute that has not yet
10 arisen at the time of the making of the agreement.
11 ‘‘§ 402. No validity or enforceability
12 ‘‘(a) IN GENERAL.—Notwithstanding any other pro-
13 vision of this title, no predispute arbitration agreement or
14 predispute joint-action waiver shall be valid or enforceable
15 with respect to an employment dispute, consumer dispute,
16 antitrust dispute, or civil rights dispute.
17 ‘‘(b) APPLICABILITY.—
18 ‘‘(1) IN GENERAL.—An issue as to whether this
19 chapter applies with respect to a dispute shall be de-
20 termined under Federal law. The applicability of this
21 chapter to an agreement to arbitrate and the validity
22 and enforceability of an agreement to which this
23 chapter applies shall be determined by a court, rath-
24 er than an arbitrator, irrespective of whether the
25 party resisting arbitration challenges the arbitration

HEN20B91 32X

S.L.C.

202

1 agreement specifically or in conjunction with other
2 terms of the contract containing such agreement,
3 and irrespective of whether the agreement purports
4 to delegate such determinations to an arbitrator.
5 ‘‘(2) COLLECTIVE BARGAINING AGREEMENTS.—
6 Nothing in this chapter shall apply to any arbitra-
7 tion provision in a contract between an employer and
8 a labor organization or between labor organizations,
9 except that no such arbitration provision shall have
10 the effect of waiving the right of a worker to seek
11 judicial enforcement of a right arising under a provi-
12 sion of the Constitution of the United States, a
13 State constitution, or a Federal or State statute, or
14 public policy arising therefrom.’’.
15 (c) TECHNICAL AND CONFORMING AMENDMENTS.—
16 (1) IN GENERAL.—Title 9 of the United States
17 Code is amended—
18 (A) in section 1 by striking ‘‘of seamen,’’
19 and all that follows through ‘‘interstate com-
20 merce’’ and inserting in its place ‘‘of individ-
21 uals, regardless of whether such individuals are
22 designated as employees or independent con-
23 tractors for other purposes’’;

HEN20B91 32X

S.L.C.

1 2 3 4 5 6 7 8 9

203
(B) in section 2 by inserting ‘‘or as other-

wise provided in chapter 4’’ before the period at the end;

‘‘CHAPTER 1; RESIDUAL APPLICA- TION’’ and inserting ‘‘APPLICATION’’; and

(ii) by adding at the end the fol- lowing: ‘‘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 APPLICA- TION’’ and inserting ‘‘APPLICATION’’; and

(ii) by adding at the end the fol- lowing: ‘‘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

HEN20B91 32X

S.L.C.

1 2

3 4 5 6

7 8 9

204
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 chap-

ters of title 9, United States Code, is amended by

adding at the end the following:

‘‘4. Arbitration of Employment, Consumer, Antitrust, and Civil Rights Disputes ……………………………………………………………… 401’’.

(d) EFFECTIVE DATE.—This Act, and the amend- ments 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.

HEN20B91 32X

S.L.C.

1 2 3 4 5 6 7 8 9

205

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 fol- lowing:
‘‘§ 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 oth- erwise 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 agree- ment that would restrict the disclosure of informa- tion obtained through discovery, or an order other- wise 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—

HEN20B91 32X

S.L.C.

206
‘‘(i) the public interest in the disclo-

sure of past, present, or potential public health or safety hazards is outweighed by a specific and substantial interest in main- taining the confidentiality of the informa- tion or records in question; and

‘‘(ii) the requested order is no broader than necessary to protect the confiden- tiality interest asserted.

1 2 3 4 5 6 7 8 9

11 accordance with paragraph (1), other than an order
12 approving a settlement agreement, may continue in
13 effect after the entry of final judgment unless at the
14 time of, or after, the entry of the order the court
15 makes a separate finding of fact that the require-
16 ments of paragraph (1) continue to be met.
17 ‘‘(3) RULE OF CONSTRUCTION.—Nothing in
18 paragraph (1) shall be construed to require the dis-
19 closure of the identity of individuals who disclose
20 evidence of a violation of any law, rule, or regulation
21 or other fraud, waste, abuse, or misconduct or other
22 persons protected from disclosure under Federal law.
23 ‘‘(b) RESTRICTIONS ON ENFORCEMENT RELATING
24 TO FEDERAL AND STATE AGENCIES.—In any civil action
25 in which the pleadings state facts that are relevant to the

‘‘(2) LIMIT ON EFFECT.—No order entered in

HEN20B91 32X

S.L.C.

207

1 protection of public health or safety, a court shall not en-
2 force any provision of an agreement between or among
3 parties to the civil action, or enforce an order entered in
4 accordance with subsection (a)(1), to the extent that the
5 provision or order prohibits or otherwise restricts a party
6 from disclosing any information relevant to the civil action
7 to any Federal or State agency with authority to enforce
8 laws regulating an activity relating to the information.
9 ‘‘(c) LIMITS ON SCOPE.—
10 ‘‘(1) IN GENERAL.—Subject to paragraph (2), a
11 court shall not enforce any provision of a settlement
12 agreement between or among parties to any civil ac-
13 tion in which the pleadings state facts that are rel-
14 evant to the protection of public health or safety

15 that 16
17
18

prohibits one or more parties from—
‘‘(A) disclosing the fact that the settlement

was reached or the terms of the settlement (ex- cluding 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 un-

19
20
21
22
23
24
25 less the court finds that—

HEN20B91 32X

S.L.C.

208
‘‘(A) the public interest in the disclosure of

1
2
3
4
5
6
7
8
9 ‘‘(d) REBUTTABLE PRESUMPTION RELATING TO

past, present, or potential public health or safe- ty hazards is outweighed by a specific and sub- stantial interest in maintaining the confiden- tiality of the information in question; and

‘‘(B) the requested order is no broader than necessary to protect the confidentiality in- terest asserted.

10 PERSONALLY IDENTIFIABLE INFORMATION.—For pur-
11 poses of implementing subsections (a)(1)(B)(i) and
12 (c)(2)(A), when weighing the interest in maintaining con-
13 fidentiality under this section, there shall be a rebuttable
14 presumption that the interest in protecting personally
15 identifiable information of an individual outweighs the
16 public interest in disclosure.
17 ‘‘(e) RULE OF CONSTRUCTION.—Nothing in this sec-
18 tion shall be construed to permit, require, or authorize the
19 disclosure of classified information (as defined under sec-
20 tion 1 of the Classified Information Procedures Act (18
21 U.S.C. App.)).’’.
22 (b) TECHNICAL AND CONFORMING AMENDMENT.—
23 The table of sections for chapter 111 of title 28, United
24 States Code, is amended by adding after the item relating
25 to section 1659 the following:
‘‘1660. Restrictions on protective orders and sealing of cases and settlements.’’.

HEN20B91 32X

S.L.C.

1 2 3 4 5 6 7 8 9

209
(c) EFFECTIVE DATE.—The amendments made by

this section shall—
(1) take effect 30 days after the date of enact-

ment 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 dis- pute’’ have the meanings given those terms in sec- tion 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 agree-

ment 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 em- ployees of the covered person;

(3) the term ‘‘covered person’’ means—
(A) an individual that is an employer; or

HEN20B91 32X

S.L.C.

210
(B) a corporation, limited liability com-

1 2 3 4 5 6 7

8 means a provision in a covered agreement that has
9 the purpose or effect of concealing the details of a

pany, or other entity that is created by the fil- ing 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’’

10 claim relating to the antitrust dispute, civil rights
11 dispute, consumer dispute, or employment dispute to
12 which the covered agreement relates.
13 (b) BAN ON SECRET SETTLEMENTS.—A secret set-
14 tlement provision—
15 (1) shall be deemed against public policy; and
16 (2) shall have no force or effect.
17 (c) NOTICE.—A covered agreement shall include a
18 bold, prominently placed notice stating that any secret set-
19 tlement provision in the covered agreement has no force
20 or effect and is unenforceable against any person.
21 (d) COSTS.—In any civil action, if a covered person
22 seeks to enforce a secret settlement provision, the court
23 may award costs, including reasonable attorney’s fees, to
24 the person against whom the covered person seeks to en-
25 force the secret settlement provision.

HEN20B91 32X

S.L.C.

211

1 (e) PROHIBITION ON RETALIATION.—A covered per-
2 son shall not take or threaten to take any personnel action
3 against a current or former employee of the covered per-
4 son based on whole or in part on a failure or refusal by
5 the employee to sign or enter into a covered agreement
6 that contains a secret settlement provision.
7 SEC. 412. OVERSIGHT PROCESS FOR DISQUALIFICATION OF
8 JUSTICE, JUDGE, OR MAGISTRATE JUDGE.
9 Section 455 of title 28, United States Code, as
10 amended by section 404 of this Act, is amended by adding
11 at the end the following:
12 ‘‘(h)(1) Any litigant appearing before a justice, judge,
13 or magistrate judge of the United States may file a peti-
14 tion that the justice, judge, or magistrate judge of the
15 United States, as applicable, shall be disqualified based
16 on the criteria described in subsection (b).
17 ‘‘(2)(A) Any judge or magistrate judge of the United
18 States subject to a petition under paragraph (1) may pro-
19 vide a public, written response to the petition that provides
20 a written explanation relating to any disqualification deci-
21 sion.
22 ‘‘(B) Any justice of the Supreme Court of the United
23 States subject to a petition under paragraph (1) shall pro-
24 vide a public, written response to the petition that provides

HEN20B91 32X

S.L.C.

1 2 3 4 5 6 7 8 9

212
a written explanation relating to any disqualification deci-

sion.
‘‘(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 jus- tice 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—

‘‘(B) establish a written process to determine whether a judge meets 1 or more of the criteria in subsection (b); and

‘‘(C) use any administrative procedures which may be necessary to aid in the execution of the writ- ten process described in subparagraph (B), which

HEN20B91 32X

S.L.C.

213

1 may include any procedures or software that may be
2 necessary to determine whether a judge meets 1 or
3 more of the criteria in subsection (b).
4 ‘‘(D) The process described in subparagraph
5 (B) shall be made publicly available and, at a min-
6 imum—
7 ‘‘(i) include how an individual may make a
8 petition under paragraph (1) for a judge to be
9 disqualified;
10 ‘‘(ii) ensure that a judge or group of
11 judges other than the judge who is the subject
12 of the inquiry determines whether the judge
13 shall be disqualified;
14 ‘‘(iii) allow the judge or group of judges
15 making the disqualification determination to re-
16 ceive the expert advice of ethics personnel and
17 officials, including individuals with expertise in
18 ethics at the Judicial Conference or at the Of-
19 fice of Public Integrity;
20 ‘‘(iv) require that the judge be disqualified
21 should another judge or group of judges deter-
22 mine that the judge must be disqualified in ac-
23 cordance with this subsection; and

HEN20B91 32X

S.L.C.

1 2 3 4 5 6 7 8 9

214
‘‘(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 JU- DICIAL 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:

‘‘(4) 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.—Sec- 352 of title 28, United States Code, is amended by

tion
adding at the end the following:

‘‘(e) DEFINITION.—In this section, the term ‘inter- vening events’ does not include the retirement of the judge

HEN20B91 32X

S.L.C.

1 2 3 4 5 6 7 8 9

215
whose conduct is complained of or the nomination or con-

firmation 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 non- vested pension benefits of the retired judge.
‘‘(E) REMEDIAL ACTIONS FOR CERTAIN

CONDUCT.—
‘‘(i) DEFINITION.—In this subpara-

graph, the term ‘covered judge’ does not include a retired judge.

HEN20B91 32X

S.L.C.

1 2 3 4 5 6 7 8 9

216
‘‘(ii) CONDUCT.—If the conduct of a

covered judge is the subject of the com- plaint, action by the judicial council under paragraph (1)(C) may include mandating that the covered judge participate in pro- fessional 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 de- scribed 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 Rep- resentatives each report submitted under paragraph (1).

HEN20B91 32X

S.L.C.

1 2 3 4 5 6 7 8 9

217
‘‘(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 pub- lic.’’.

SEC. 415. SUPREME COURT COMPLAINTS REVIEW COM- MITTEE.

(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

(b) ESTABLISHMENT.—For the purpose of assisting the House of Representatives in carrying out its respon- sibilities under section 2 of article I and section 4 of article II of the Constitution of the United States, there is estab- lished in the legislative branch to be known as the Su- preme Court Complaints Review Committee under the

HEN20B91 32X

S.L.C.

1 2 3 4 5 6 7 8 9

218
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 Rep- resentatives.
(2) QUALIFICATIONS OF REVIEW COMMITTEE

MEMBERS.—
(A) EXPERTISE.—Each member of the Re-

view Committee shall be an individual of excep- tional public standing who is specifically quali- fied to serve on the Review Committee by virtue of the individual’s education, training, or expe- rience in 1 or more of the the following fields:

(i) Constitutional law. (ii) Impeachment.
(iii) Judicial ethics. (iv) Professional ethics.

HEN20B91 32X

S.L.C.

1 2 3 4 5 6 7 8 9

219
(v) Legal history.

(vi) Judicial service.
(B) SELECTION BASIS.—Selection and ap-

pointment of each member of the Review Com- mittee shall be without regard to political affili- ation and solely on the basis of fitness to per- form the duties of a member of the Review Committee.

(D) DISQUALIFICATIONS.—No individual shall be eligible for appointment to, or service on, the Review Committee who—

(i) has ever been registered, or re- quired 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 em- ployed in, lobbying of the Congress;

(iii) is registered or is required to be registered as an agent of a foreign prin- cipal under the Foreign Agents Registra- tion Act of 1938 (22 U.S.C. 611 et seq.);

HEN20B91 32X

S.L.C.

1 2 3 4 5 6 7 8 9

220
(iv) is a currently serving judge, jus-

tice, 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 sig- nificant 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 an judge, justice, or employee of the Federal courts, includ- ing 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.

HEN20B91 32X

S.L.C.

1 2 3 4 5 6 7 8 9

221
(B) TERM LIMITS.—A member of the Re-

view Committee may not serve during 4 con- secutive 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 Re- view 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).

16 (d) CHAIRPERSON AND VICE-CHAIRPERSON.—
17 (1) IN GENERAL.—The members of the Review
18 Committee shall elect a chairperson and a vice-chair-
19 person of the Review Committee by a majority vote.
20 The chairperson and the vice-chairperson shall serve
21 a 1-year term, and may be reelected for additional
22 1-year terms.

23 (2) DUTIES.—The chairperson of the Review
24 Committee shall preside at the meetings of the Re-

HEN20B91 32X

S.L.C.

222

1 view Committee, and the vice-chairperson shall pre-
2 side in the absence or disability of the chairperson.
3 (e) MEETINGS.—
4 (1) QUORUM.—A majority of the members of
5 the Review Committee shall constitute a quorum.
6 (2) MEETINGS.—The Review Committee shall
7 meet at the call of the chairperson, the chair of the
8 Committee on the Judiciary of the House of
9 Represenatives, or the call of a majority of its mem-
10 bers, pursuant to the rules of the Review Committee.
11 (3) VOTING.—Except as otherwise specifically
12 provided, a majority vote of the Review Committee
13 under this subtitle shall require an affirmative vote
14 of 3 or more members.
15 (f) COMPENSATION.—A member of the Review Com-
16 mittee shall not be considered to be an officer or employee
17 of the House or Senate, but shall be compensated at a
18 rate equal to the daily equivalent of the minimum annual
19 rate of basic pay prescribed for GS–15 of the General
20 Schedule under section 5107 of title 5, United States
21 Code, for each day (including travel time) during which
22 such member is engaged in the performance of the duties
23 of the Review Committee.
24 (g) DUTIES OF REVIEW COMMITTEE.—

HEN20B91 32X

S.L.C.

223
(1) IN GENERAL.—The Review Committee shall

2 review each complaint made against a the Chief Jus-
3 tice of the United States or a Justice of the Su-
4 preme Court of the United States through the re-
5 view process described in subsection (m).
6 (2) HEARINGS.—The Review Committee may
7 hold such hearings as are necessary and may sit and
8 act only in executive session at such times and
9 places, solicit such testimony, and receive such rel-
10 evant evidence, as may be necessary to carry out its
11 duties.
12 (h) FINANCIAL DISCLOSURE REPORTS.—
13 (1) IN GENERAL.—Each member of the Review
14 Committee shall file an annual financial disclosure
15 report with the Clerk of the House of Representa-
16 tives on or before May 15 of each calendar year im-
17 mediately following any year in which the member
18 served on the Review Committee. Each such report
19 shall be on a form prepared by the Clerk that is sub-
20 stantially similar to the form required for individuals
21 at the executive branch who must complete a con-
22 fidential financial disclosure report under section
23 102 of the Ethics in Government Act of 1978 (5
24 U.S.C. App.).

HEN20B91 32X

S.L.C.

1 2 3 4 5 6 7 8 9

224
(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 para- graph (1) is filed, send a copy of each such re- port to Committee on the Judiciary of the House of Representatives; and

(B) annually print all such financial disclo- sure reports as a document of Congress, and make the document available to the public.

(i) DUTIES AND POWERS OF THE REVIEW COM- MITTEE.—

(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 com- plaints regarding alleged misconduct by a Jus- tice of the Supreme Court of the United States; and

(C) in any case where the Review Com- mittee determines, on the basis of the review described in subsection (m), that a Justice may

HEN20B91 32X

S.L.C.

1 2 3 4 5 6 7 8 9

225
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 Con- stitution of the United States, or which, in the interest of justice, is not amenable to resolution by the Review Committee, the Review Com- mittee shall promptly certify such determina- tion, together with any complaint and a record of any associated proceedings to the Committee on the Judiciary of the House of Representa- tives.

10 11 12 13 14

15 CIALS.—
16 (A) IN GENERAL.—Upon a majority vote
17 of the Review Committee, the Review Com-
18 mittee may refer potential legal violations com-
19 mitted by a justice to the Department of Jus-
20 tice or other relevant Federal or State law en-
21 forcement officials, which referral shall include
22 all appropriate evidence gathered during any re-
23 view or preliminary investigation conducted
24 under this subtitle.

(2) REFERRALS TO LAW ENFORCEMENT OFFI-

HEN20B91 32X

S.L.C.

226
(B) NOTIFICATION.—The Review Com-

1 2 3 4 5 6

7 be undertaken by the Review Committee of any com-
8 plaint—

mittee shall notify the Committee on the Judici- ary 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

9 (A) that is directly related to the merits of
10 a decision or procedural ruling;
11 (B) that is frivolous, lacking sufficient evi-
12 dence to raise an inference that misconduct has
13 occurred, or containing allegations that are in-
14 capable of being established through investiga-
15 tion;
16 (C) concerning any alleged violation of law,
17 rule, regulation or standard of conduct not in
18 effect at the time of the alleged violation; or
19 (D) concerning any alleged violation that
20 occurred before the date of enactment of this
21 Act.
22 (j) PROHIBITION ON PUBLIC DISCLOSURE.—
23 (1) IN GENERAL.—
24 (A) PROHIBITION ON PUBLIC DISCLO-
25 SURE.—No information obtained by a member

HEN20B91 32X

S.L.C.

1 2 3 4 5 6 7 8 9

227
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 Re- view 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 con- sultation with relevant agencies, procedures necessary to prevent the unauthorized disclo- sure 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

20 SENATE JUDICIARY COMMITTEES.—Paragraph (1)
21 shall not preclude—

22 (A) any member or employee of the Review
23 Committee from presenting a report or findings
24 of the Committee, or testifying before the Com-
25 mittee on the Judiciary of the House of Rep-

HEN20B91 32X

S.L.C.

228
resentatives, 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 en- forcement agency; or

1 2 3 4 5 6 7 8 9

10 11

12 Review Committee votes on a recommendation or
13 statement to be transmitted to the Committee on the
14 Judiciary of the House of Representatives relating
15 to a complaint involving a justice, the Review Com-
16 mittee shall provide the justice whose conduct is the
17 subject of the complaint the opportunity to present,
18 orally or in writing (at the discretion of the justice),
19 a statement to the Review Committee.
20 (k) PRESENTATION OF REPORTS TO THE HOUSE JU-
21 DICIARY COMMITTEE.—Whenever the Review Committee
22 transmits any report to the Committee on the Judiciary
23 of the House of Representatives relating to a complaint
24 involving a justice, the Review Committee shall designate
25 a member or employee of the Review Committee to present

(C) any necessary communication with the Speaker or Minority Leader of the House of Representatives or the Majority Leader or Mi- nority Leader of the Senate.
(3) OPPORTUNITY TO PRESENT.—Before the

HEN20B91 32X

S.L.C.

229

1 the report to the House Judiciary Committee if requested
2 by the Committee on the Judiciary of the House of Rep-
3 resentatives.
4 (l) MAINTAINING OF FINANCIAL DISCLOSURE RE-
5 PORTS.—The Review Committee shall receive, and main-
6 tain, a copy of each report filed under section 101 of the
7 Ethics in Government Act of 1978 (5 U.S.C. App.) by a
8 Justice of the Supreme Court of the United States.
9 (m) COMPLAINTS.—
10 (1) SOURCE OF COMPLAINTS.—Any person, in-
11 cluding a judge, justice, or employee of the courts of
12 the United States may file with the Review Com-
13 mittee a complaint alleging a violation by a justice
14 of any law (including any regulation), rule, or other
15 standard of conduct, including the Code of Conduct
16 for United States Judges adopted by the Judicial
17 Conference of the United States, applicable to the
18 conduct of such justice in the performance of the du-
19 ties, or the discharge of the responsibilities, of the
20 justice.
21 (2) FALSE CLAIMS AND STATEMENTS AC-
22 KNOWLEDGMENT.—Any complaint submission under
23 paragraph (1) shall include a signed statement ac-
24 knowledging that the person submitting the allega-
25 tion or information understands that section 1001 of

HEN20B91 32X

S.L.C.

1 2 3 4 5 6 7 8 9

230
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, author- ize 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 du- ties, or the discharge of the responsibil- ities, of the justice.

(ii) REQUIREMENTS.—The authoriza- tion 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 complaint meet the criteria in subsection (i)(3).

HEN20B91 32X

S.L.C.

1 2 3 4 5 6 7 8 9

231
(B) REVIEW PROCESS.—

(i) INITIATION AND NOTIFICATION OF REVIEW.—After the date on which the Re- view Committee makes an authorization under subparagraph (A), the Review Com- mittee 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 RE- VIEW.—At any time, the Review Com- mittee may, by a majority vote, terminate a review on any ground, including that the matter under review is de minimis in na-

HEN20B91 32X

S.L.C.

1 2 3 4 5 6 7 8 9

232
ture. If the Review Committee votes to ter-

minate the review, the Committee shall— (I) notify, in writing, the com- plainant, the justice who was the sub- ject of the review, the Committee on the Judiciary of the Senate, and the Committee on the Judiciary of the House of Representatives of its deci- sion 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 Ju- diciary of the House of Representa- tives.

(C) SCOPE OF REVIEW.—During a review, the Review Committee shall evaluate the com- plaint and determine, based on a majority vote, whether the misconduct alleged in the com- plaint, if true, may constitute ‘‘Treason, Brib- ery, and other high Crimes and Misdemeanors’’ under section 4 of article II of the Constitution of the United States.

HEN20B91 32X

S.L.C.

1 2 3 4 5 6 7 8 9

233
(D) COMPLETION OF REVIEW.—Upon the

completion of any review, the Review Com- mittee 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 de- termination 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 rel- evant information that the Re- view Committee was unable to obtain or witnesses whom the Re- view Committee was unable to

HEN20B91 32X

S.L.C.

234
interview, and the reasons there-

for; and
(cc) a citation of any rel-

evant law, regulation, or stand- ard of conduct relating to the al- leged misconduct;
(V) any supporting documenta-

tion; and
(VI) a written determination of

1 2 3 4 5 6 7 8 9

20 (n) HOUSE JUDICIARY COMMITTEE CONSIDERATION
21 OF REVIEW COMMITTEE REPORT.—If the Review Com-
22 mittee determines, after a review, that misconduct alleged
23 in a complaint, if true, may constitute ‘‘Treason, Bribery,
24 and other high Crimes and Misdemeanors’’ under section
25 4 of article II of the Constitution of the United States,

whether the misconduct alleged in the complaint, if true, may constitute ‘‘Treason, Bribery, and other high Crimes and Misdemeanors’’ under sec- tion 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 Com- mittee described in clause (i).

HEN20B91 32X

S.L.C.

235

1 not later than 30 legislative days of continuous session in
2 the House of Representatives after the Committee on the
3 Judiciary of the House of Representatives receives a re-
4 port under subsection (m), the Committee on the Judici-
5 ary of the House of Representatives shall vote on whether
6 to proceed with an investigation or an impeachment in-
7 quiry.
8 (o) REQUEST FROM HOUSE JUDICIARY COM-
9 MITTEE.—
10 (1) IN GENERAL.—Notwithstanding any other
11 provision of this section, upon receipt of a written
12 request from the Committee on the Judiciary of the
13 House of Representatives that the Review Com-
14 mittee cease its review of any matter and refer such
15 matter to the Committee on the Judiciary of the
16 House of Representatives because of the ongoing in-
17 vestigation of the matter by the Committee on the
18 Judiciary of the House of Representatives, the Re-
19 view Committee shall refer such matter to the Com-
20 mittee on the Judiciary of the House of Representa-
21 tives, cease its review of that matter and so notify
22 any justice who is the subject of the review.
23 (2) RESUMPTION OF REVIEW.—If the Com-
24 mittee on the Judiciary of the House of Representa-
25 tives notifies the Review Committee in writing that

HEN20B91 32X

S.L.C.

236

1 the Review Committee may continue its review of
2 the complaint, the Review Committee may begin or
3 continue, as the case may be, a review of the matter.
4 (3) RULE OF CONSTRUCTION.—Nothing in this
5 subsection shall be construed to prevent the Review
6 Committee from sending any information regarding
7 the matter to law enforcement agencies.
8 (p) PROCEDURES.—
9 (1) REVIEW POWERS.—Members or employees
10 of the Review Committee may, during a review—
11 (A) administer to or take from any person
12 an oath, affirmation, or affidavit;
13 (B) obtain information or assistance from
14 any Federal, State, or local governmental agen-
15 cy, or other entity, or unit thereof, including all
16 information kept in the course of business by
17 the Judicial Conference of the United States,
18 the judicial councils of circuits, the Administra-
19 tive Office of the United States Courts, and the
20 United States Sentencing Commission;
21 (C) take the deposition of witnesses; and
22 (D) submit to the chair of the Committee
23 on the Judiciary of the House of Representa-
24 tives a request for the Committee on the Judici-
25 ary of the House of Representatives to require

HEN20B91 32X

S.L.C.

1 2 3 4 5 6 7 8 9

237
by subpoena the attendance of and testimony

by witnesses and the production any book, check, canceled check, correspondence, commu- nication, document, email, paper, physical evi- dence, record, recording, tape, or other material (including electronic records) relating to any matter or question the Review Committee is au- thorized to review from any individual or entity, which—

(ii) may allow for the transmission of information or testimony between the Re- view Committee and the Committee on the Judiciary of the House of Representatives, in accordance with rules of the Committee on the Judiciary of the House of Rep- resentatives.

(i) shall be handled in accordance with the rules of the Committee on the Ju- diciary of the House of Representatives; and

22 TIONS.—There shall be no ex parte communications
23 between any member or employee of the Review
24 Committee and any justice who is the subject of any
25 review by the Review Committee or between any

(2) PROHIBITION OF EX PARTE COMMUNICA-

HEN20B91 32X

S.L.C.

238

1 member of the Review Committee and any interested
2 party.
3 (3) OTHER REVIEW COMMITTEE RULES AND
4 PROCEDURES.—The Review Committee is authorized
5 to establish any additional rules or procedures pur-
6 suant to its duties and powers in paragraph (1) nec-
7 essary to carry out the functions of the Review Com-
8 mittee in accordance with this section.
9 (q) PERSONNEL MATTERS.—
10 (1) APPOINTMENT AND COMPENSATION OF EM-
11 PLOYEES.—The Review Committee may appoint and
12 fix the compensation of such professional, non-
13 partisan staff (including staff with relevant experi-
14 ence in investigations and law enforcement) of the
15 Review Committee as it considers necessary to per-
16 form its duties, who—
17 (A) shall perform all official duties in a
18 nonpartisan manner; and
19 (B) may not engage in any partisan polit-
20 ical activity directly affecting any congressional
21 or presidential election, or any nomination of a
22 Federal judge or justice.
23 (2) QUALIFICATIONS.—Each employee of the
24 Review Committee shall be professional and demon-

HEN20B91 32X

S.L.C.

239

1 strably qualified for the position for which the em-
2 ployee is hired.
3 (3) TERMINATION OF EMPLOYEES.—The em-
4 ployment of an employee of the Review Committee
5 may be terminated at any time by the Review Com-
6 mittee.
7 (4) CODE OF CONDUCT.—The Review Com-
8 mittee shall establish a code of conduct to govern
9 the behavior of the members or employees of the Re-
10 view Committee, which shall include the avoidance of
11 conflicts of interest.
12 (r) AUTHORIZATION OF APPROPRIATIONS.—There is
13 authorized to be appropriated to carry out this section
14 such sums as may be necessary.
15 SEC. 416. EXPEDITED IMPEACHMENT OF FEDERAL JUDGES.
16 Section 355(b) of title 28, United States Code, is
17 amended by adding at the end the following:
18 ‘‘(3) EXPEDITED IMPEACHMENT.—
19 ‘‘(A) IN GENERAL.—After the Judicial
20 Conference transmits the determination and the
21 record of proceedings under paragraph (1) or
22 (2) to the House of Representatives, the deter-
23 mination and record shall be immediately re-
24 ferred to the Committee on the Judiciary of the
25 House of Representatives.

HEN20B91 32X

S.L.C.

1 2 3 4 5 6 7 8 9

240
‘‘(B) VOTE.—Not later than 30 legislative

days of continuous session in the House of Rep- resentatives after the Committee on the Judici- ary 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 investiga- tion 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 fol- lowing:
‘‘§ 464. Judicial workplace climate surveys

‘‘(a) IN GENERAL.—The Judicial Conference of the United States shall administer climate survey to each em- ployee of a court of the United States about the work envi- ronment 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 re- garding diversity and inclusion and harassment or

HEN20B91 32X

S.L.C.

1 2 3 4 5 6 7 8 9

241
discrimination on the basis of race, ethnicity, dis-

ability, sex, sexual orientation, and gender identity; and

‘‘(4) be anonymous and confidential, with notice of the anonymity and confidentiality made to the re- spondent 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 Judi- ciary of the Senate and the Committee on the Judi- ciary, 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 fol-

lowing:
‘‘464. Judicial workplace climate surveys.’’.

SEC. 418. PILOT PROGRAM TO PROVIDE ACCESS TO COUN- SEL 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.

HEN20B91 32X

S.L.C.

1 2 3 4 5 6 7 8 9

242
(2) ELIGIBLE ENTITY.—The term ‘‘eligible enti-

ty’’ means any of the following:
(A) A State or local public defenders of-

fice.
(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 ex- pertise 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 applica- tion at such time, in such manner, and containing such information as the Director may reasonably require.

(d) PRIORITY.—

HEN20B91 32X

S.L.C.

243
(1) EXPERTISE.—In considering an application

2 submitted by an eligible entity under subsection (c),
3 the Director shall give priority to an application
4 from an eligible entity with demonstrated cultural
5 competency initiatives that has expertise in rep-
6 resenting low-income persons in civil actions, which
7 may include—
8 (A) persons earning 200 percent or below
9 of area median income, up to $100,000;
10 (B) persons qualifying for means-tested
11 public benefits;
12 (C) persons who reside in subsidized hous-
13 ing; and
14 (D) persons serving a term of imprison-
15 ment.
16 (2) GEOGRAPHIC DIVERSITY.—The Director
17 shall give priority to areas of varying geographic size
18 with the greatest showing of unmet need for counsel,
19 and shall, to the extent practicable, equitably dis-
20 tribute funds on a geographic basis including non-
21 urban and rural areas of various geographic size.
22 (3) NO PREFERENCE FOR FEDERAL ENTI-
23 TIES.—The Director may not prioritize distributing
24 funds to Federal entities over making grants to eligi-
25 ble entities.

HEN20B91 32X

S.L.C.

244

1 (e) USE OF FUNDS.—
2 (1) GRANT RECIPIENTS.—An eligible entity re-
3 ceiving a grant under this section shall use such
4 funds as follows:
5 (A) In the case of an entity described in
6 subsection (a)(2)(A), to provide financial com-
7 pensation to staff or contracted attorneys who
8 provide counsel pursuant to requests under sec-
9 tion 1915(e)(1) of title 28, United States Code.
10 (B) In the case of an entity described in
11 subsection (a)(2)(B), to fund a clinical law pro-
12 gram that provides counsel pursuant to re-
13 quests under section 1915(e)(1) of title 28,
14 United States Code.
15 (C) In the case of an entity described in
16 subparagraph (C) or (D) of subsection (a)(2),
17 to provide financial compensation to attorneys
18 who provide counsel pursuant to requests under
19 section 1915(e)(1) of title 28, United States
20 Code.
21 (2) FEDERAL DEFENDERS AND COURTS.—
22 (A) FEDERAL DEFENDERS.—A Federal
23 public defender organization and community de-
24 fender organization shall use funds under this
25 section to provide financial compensation to

HEN20B91 32X

S.L.C.

1 2 3 4 5 6 7 8 9

245
staff or contracted attorneys who provide coun-

sel 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 com- pensation to attorneys who provide counsel pur- suant to requests under section 1915(e)(1) of title 28, United States Code.

(f) FULL REPRESENTATION.—To the extent prac- ticable, 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

HEN20B91 32X

S.L.C.

246

1 and outcomes of the matters for which such counsel
2 was provided.
3 (2) Benefits related to increased access to coun-
4 sel and any remaining barriers to access to counsel
5 pursuant to requests under such section 1915(e)(1).
6 (3) Any changes in the frequency of requests
7 made by courts under such section 1915(e)(1).
8 (4) Other changes to the functioning of the
9 Federal courts related to the pilot program, includ-
10 ing increases in efficiency of adjudication of cases
11 and changes in the number of cases resolved in favor
12 of the party for whom counsel was provided pursu-
13 ant to a request under such section 1915(e)(1).
14 (5) Suggested changes to the pilot program to
15 ensure greater access to justice for low-income liti-
16 gants.
17 (h) AUTHORIZATION OF APPROPRIATIONS.—There is
18 authorized to be appropriated such sums as may be nec-
19 essary for each of fiscal years 2021 through 2030, of
20 which the Director may reserve not more than 5 percent
21 for administrative costs.

HEN20B91 32X

S.L.C.

1 2 3 4 5 6 7 8 9

247

TITLE V—ENFORCEMENT Subtitle A—Office of Public Integrity
SEC. 511. ESTABLISHMENT OF OFFICE OF PUBLIC INTEG-

RITY.

(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 Integ- rity’’;

(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 Integ- rity’’;

(B) in subsection (a)—
(i) by inserting ‘‘(1)’’ before ‘‘There is

established’’; and
(ii) by adding at the end the fol-

lowing:
‘‘(2) The purposes of the Office of Public Integrity

are—

HEN20B91 32X

S.L.C.

1 2 3 4 5 6 7 8 9

248
‘‘(A) to consolidate and strengthen Federal eth-

ics 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 affirm- ative public disclosures, lobbying registration, and the promotion of transparency across the Federal Government; and

‘‘(E) to protect the public’s interest in democ- racy 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 Pub- lic 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—

HEN20B91 32X

S.L.C.

249
‘‘(A) providing advice to designated agency eth-

2 ics officials, including legal advisories, education
3 advisories, and program management advisories on
4 substantive ethics issues;
5 ‘‘(B) providing training and education opportu-
6 nities to designated agency ethics officials on an on-
7 going basis; and
8 ‘‘(C) providing confidential advice, which, sub-
9 ject to paragraph (3), shall not lead to enforcement
10 action, for any agency employee seeking confidential
11 ethics advice.
12 ‘‘(3)(A) The Government Ethics Division may refer
13 a matter for enforcement based on information obtained
14 in providing advice to an employee under paragraph
15 (2)(C) if the employee—
16 ‘‘(i) knowingly makes a material misrepresenta-
17 tion, including making a significant omission in pro-
18 viding information, to the Government Ethics Divi-
19 sion;
20 ‘‘(ii) has already taken the action in violation of
21 the laws or regulations relating to conflicts of inter-
22 est or other ethics issues;
23 ‘‘(iii) reveals significant criminal activity, par-
24 ticularly criminal activity outside the jurisdiction of
25 the Office of Public Integrity;

HEN20B91 32X

S.L.C.

250
‘‘(iv) engaged in a prohibited personnel practice

2 described in paragraph (8) or subparagraph (A)(i),
3 (B), (C), or (D) of paragraph (9) of section 2302(b)
4 of title 5, United States Code; or
5 ‘‘(v) engaged in other actions, as established by
6 the Director by regulation.
7 ‘‘(B) An employee who seeks advice under paragraph
8 (2)(C) may be subject to administrative remedies, such as
9 reprimand, divestiture, forced recusal, or other corrective
10 actions to remedy the violation.
11 ‘‘(C) Notwithstanding any other provision in this
12 paragraph, the Director may promulgate regulations (in-
13 cluding regulations under subparagraph (A)(v)) to ensure
14 that—
15 ‘‘(i) an employee who engages in conduct in
16 good faith reliance upon an advisory opinion issued
17 to the employee by the Government Ethics Division
18 or a designated agency ethics official generally shall
19 not be subject to civil, criminal, or disciplinary ac-
20 tion by the Office of Public Integrity;
21 ‘‘(ii) an advisory opinion issued to an employee
22 by the Government Ethics Division or a designated
23 agency ethics official shall not prevent the employee
24 from being subject to other civil or disciplinary ac-
25 tion if the conduct of the employee violates another

HEN20B91 32X

S.L.C.

251

1 law, rule, regulation, or lawful management policy or
2 directive; and
3 ‘‘(iii) if an employee has actual knowledge or
4 reason to believe that an advisory opinion issued to
5 the employee by the Government Ethics Division or
6 a designated agency ethics official is based on fraud-
7 ulent, misleading, or otherwise incorrect information,
8 the reliance of the employee on the opinion not be
9 deemed to be in good faith.’’;
10 (4) in section 403, by striking ‘‘Government
11 Ethics’’ each place it appears and inserting ‘‘Public
12 Integrity’’; and
13 (5) in section 503(2), by striking ‘‘Government
14 Ethics’’ and inserting ‘‘Public Integrity’’.
15 (b) OFFICERS.—
16 (1) DIRECTOR.—Section 401(b) of the Ethics
17 in Government Act of 1978 (5 U.S.C. App.) is
18 amended—
19 (A) by inserting ‘‘(1)’’ before ‘‘There shall
20 be’’;
21 (B) by inserting ‘‘without regard to polit-
22 ical affiliation and solely on the basis of integ-
23 rity and demonstrated ability to fulfill the re-
24 sponsibilities of the role of Director’’ after ‘‘who
25 shall be appointed’’;

HEN20B91 32X

S.L.C.

1 2 3 4 5 6 7 8 9

252
(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 re- quired to be registered, as a lobbyist under the Lob- bying 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 indi- vidual to the position of Director, shall not have en- gaged 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 cam- paign or party);

HEN20B91 32X

S.L.C.

253
‘‘(E) shall not have ever been an agent of a for-

2 eign principal registered under the Foreign Agents
3 Registration Act of 1938 (22 U.S.C. 611 et seq.);
4 and
5 ‘‘(F) during the 4-year period ending on the
6 date on which the President nominates the indi-
7 vidual to the position of Director, shall not served as
8 a fiduciary or personal attorney for an officer or em-
9 ployee of the Federal Government, including anyone
10 elected to public office.’’; and
11 (E) by adding at the end the following:
12 ‘‘(4) The Director may only be removed from office
13 by the President for inefficiency, neglect of duty, or mal-
14 feasance in office.
15 ‘‘(5) Not later than 30 days before the date on which
16 the President removes the Director from office or trans-
17 fers the Director to another position or location for ineffi-
18 ciency, neglect of duty, or malfeasance in office, the Presi-
19 dent shall submit to the Senate and the House of Rep-
20 resentatives written notice of the reasons for the removal
21 or transfer.
22 ‘‘(6) During the period of any absence or unavail-
23 ability of the Director, including a vacancy in the office
24 of the Director, all powers and duties of the Director shall
25 be vested in the Deputy Director.

HEN20B91 32X

S.L.C.

254

1 ‘‘(7) The Director may continue to serve beyond the
2 expiration of the term of the Director until a successor
3 is appointed, by and with the advice and consent of the
4 Senate.’’.
5 (2) ASSISTANT DIRECTORS.—Section 401(c)(1)
6 of the Ethics in Government Act of 1978 (5 U.S.C.
7 App.) is amended by inserting ‘‘and Assistant Direc-
8 tors (which may include an Assistant Director for
9 Investigations, an Assistant Director for Govern-
10 ment Transparency, and an Assistant Director for
11 the Government Ethics Division)’’ after ‘‘including
12 attorneys’’.
13 (3) DEPUTY DIRECTOR.—Section 401 of the
14 Ethics in Government Act of 1978 (5 U.S.C. App.)
15 is amended by adding after subsection (e), as added
16 by subsection (a) of this section, the following:
17 ‘‘(f)(1) There shall be in the Office of Public Integrity
18 a Deputy Director, who shall—
19 ‘‘(A) be appointed by the President in accord-
20 ance with paragraph (2), by and with the advice and
21 consent of the Senate; and
22 ‘‘(B) serve as acting Director in the event of
23 the absence or unavailability of the Director, includ-
24 ing a vacancy in the office of the Director.

HEN20B91 32X

S.L.C.

1 2 3 4 5 6 7 8 9

255
‘‘(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 re- quired to be registered, as a lobbyist under the Lob- bying 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 indi- vidual to the position of Deputy Director, shall not have engaged in any significant political activity (in- cluding being a candidate for public office, fund- raising for a candidate for public office or a political party, or serving as an officer or employee of a polit- ical campaign or party);

‘‘(E) shall not have ever been an agent of a for- eign 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 indi-

HEN20B91 32X

S.L.C.

1 2 3 4 5 6 7 8 9

256
vidual to the position of Deputy Director, shall not

served as a fiduciary or personal attorney for an of- ficer or employee of the Federal Government, includ- ing 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 insert-

ing 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

HEN20B91 32X

S.L.C.

1 2 3 4 5 6 7 8 9

257
(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 issue’’;
(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 insert- ing the following:

HEN20B91 32X

S.L.C.

1 2 3 4 5 6 7 8 9

258
‘‘(9)(A) investigating potential violations by of-

ficers and employees in the Federal Government (in- cluding officers and employees in positions in the Executive Office of the President (including the White House Office)) of the laws or regulations re- lating 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 ap- propriate by the Director;

‘‘(C) as the Director determines appropriate, referring an alleged violation of the laws or regula- tions relating to conflicts of interest or other ethics issues to the Attorney General or the head of the ap- propriate 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 insert- ing the following:

‘‘(11)(A) evaluating the effectiveness of the laws and regulations relating to conflicts of interest and other ethics issues and recommending to Con- gress appropriate amendments to prevent corruption

HEN20B91 32X

S.L.C.

1 2 3 4 5 6 7 8 9

259
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 de-

scribed in subparagraph (A);
‘‘(ii) a description of any significant ac-

tions taken by the Director in carrying out the duties of the Director, including specific steps taken to ensure that Federal officers and em- ployees are complying with the laws and regula- tions 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 insert- ing the following:

HEN20B91 32X

S.L.C.

1 2 3 4 5 6 7 8 9

260
‘‘(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 Attor- ney 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 disclo- sures of Executive Branch financial holdings, lob-

bying, 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 inac- curacies or misinformation;

‘‘(17) receiving, and within a reasonable time- frame responding to, complaints from members of

HEN20B91 32X

S.L.C.

261

1 the public of alleged violations of the laws or regula-
2 tions relating to conflicts of interest or other ethics
3 issues;
4 ‘‘(18) reporting publicly anonymized informa-
5 tion regarding the resolution of complaints received
6 under paragraph (17);
7 ‘‘(19) making available online on a central
8 website that allows records to be available in a
9 searchable, sortable, and downloadable format all
10 ethics records that are required to be made publicly
11 available under any provision of law, or that the Di-
12 rector determines may and should be made publicly
13 available, including ethics records described sub-
14 section (j)(1);
15 ‘‘(20) after providing notice and an opportunity
16 for a hearing, imposing appropriate civil monetary
17 penalties against individuals and entities who violate
18 the laws or regulations relating to conflicts of inter-
19 est or other ethics issues;
20 ‘‘(21) making appropriate enforcement referrals
21 to the Securities and Exchange Commission, the Of-
22 fice of the Special Counsel, and other relevant Fed-
23 eral or State law enforcement agencies in instances
24 of violations of Federal or State law, where appro-
25 priate;

HEN20B91 32X

S.L.C.

1 2 3 4 5 6 7 8 9

262
‘‘(22) except as otherwise required by law or re-

served 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 agree- ment, or divestment determination, for any indi- vidual serving in a position—

‘‘(A) on any level of the Executive Sched- ule 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 Presi- dent;

‘‘(25) overseeing the day to day activities of each Inspector General in the executive branch, ex- cept 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)—

HEN20B91 32X

S.L.C.

1 2 3 4 5 6 7 8 9

263
(A) in paragraph (1), by striking ‘‘and’’ at

the end;
(B) in paragraph (2), by striking the pe-

riod 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 posses- sion of the executive agency that the Director deter- mines to be necessary for the performance of the du- ties of the Director.’’;

(4) in subsection (f)—
(A) in paragraph (1)(A)—

(i) in clause (i), by inserting ‘‘(or, with respect to the President, rec- ommend)’’ after ‘‘order’’ the first place it appears; and

(ii) in clause (ii), by inserting ‘‘(or, with respect to the President, rec- ommend)’’ after ‘‘order’’;
(B) in paragraph (2)—

(i) in subparagraph (A)—
(I) in clause (ii)(II), by inserting

‘‘and Congress’’ after the ‘‘the Presi- dent’’; and

(II) in clause (iv)—

HEN20B91 32X

S.L.C.

1 2 3 4 5 6 7 8 9

264

(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 spe- cific disciplinary action (including reprimand, suspension, demotion, or dismissal) or that the agency head take such disciplinary ac- tion as the agency head deter- mines 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 Direc- tor recommends such action, may, after notifying the President and Con- gress in writing, order appropriate disciplinary action with respect to the

HEN20B91 32X

S.L.C.

1 2 3 4 5 6 7 8 9

265
officer or employee, in accordance

with subparagraph (B), including rep- rimand, suspension, demotion, or dis- missal of the officer or employee.’’;
(ii) in subparagraph (B)—

(I) by striking clause (iii) and in- serting the following:

‘‘(iii) Subject to clause (iv) of this subparagraph, be- fore the Director orders any action under subparagraph (A)(iii) or orders any disciplinary action under subpara- graph (A)(iv), the Director shall afford the officer or em- ployee 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 subpara- graph (A)(iv)(II) to order disciplinary action may not be delegated.’’; and

HEN20B91 32X

S.L.C.

1 2 3 4 5 6 7 8 9

266
(IV) in clause (vi), as so redesig-

nated—
(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 fol-

lowing:
‘‘(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 sub- paragraph (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 ap- pointee with respect to whom the Director orders a dis-

ciplinary action under subparagraph (A)(iv) may—

HEN20B91 32X

S.L.C.

267
‘‘(I) appeal a final order or decision of the Di-

2 rector to the Merit Systems Protection Board under
3 section 7701 of title 5, United States Code; and
4 ‘‘(II) seek judicial review of a final order or de-
5 cision of the Merit Systems Protection Board in the
6 Court of Appeals for the Federal Circuit in accord-
7 ance with section 7703 of title 5, United States
8 Code.’’;

(C) in paragraph (3), in the matter pre- ceding subparagraph (A), by striking ‘‘para- graph (2)(A)(iii)’’ and inserting ‘‘clause (iii) or (iv) of paragraph (2)(A)’’;

17 ‘‘(g)
18 of the laws or regulations relating to conflicts of interest
19 or other ethics issues, the Director may require by sub-
20 poena the attendance of and testimony by witnesses and
21 the production any book, check, canceled check, cor-
22 respondence, communication, document, email, papers,
23 physical evidence, record, recording, tape, or other mate-
24 rial (including electronic records) relating to any matter

(D) by striking paragraph (5); and

(E) by redesignating paragraph (6) as paragraph (5); and

(5) by adding at the end the following:
As part of an investigation of potential violations

HEN20B91 32X

S.L.C.

268

1 or question the Director is authorized to investigate from
2 any individual or entity.
3 ‘‘(h)(1) If the Attorney General declines to prosecute
4 a criminal matter referred by the Director, the Attorney
5 General shall submit to the Director and make publicly
6 available written notice regarding the declination.
7 ‘‘(2) The Attorney General may redact information
8 from the publicly available written notice under paragraph
9 (1) if the Attorney General determines that disclosure of
10 the information would constitute a clearly unwarranted in-
11 vasion of personal privacy.
12 ‘‘(i)(1) In addition to the authority otherwise pro-
13 vided by this Act, the Director, any Assistant Director for
14 Investigations under the Director who is appointed by the
15 Director, and any special agent supervised by the Director
16 or Assistant Director may be authorized by the Attorney
17 General to seek warrants for search of a premises or sei-
18 zure of evidence issued under the authority of the United
19 States upon probable cause to believe that a violation has
20 been committed.
21 ‘‘(2) The Attorney General shall promulgate, and re-
22 vise as appropriate, guidelines which shall govern the exer-
23 cise of the law enforcement powers established under para-
24 graph (1).

HEN20B91 32X

S.L.C.

269

1 ‘‘(3)(A) The power authorized for the Office of Public
2 Integrity under paragraph (1) may be rescinded or sus-
3 pended upon—
4 ‘‘(i) a determination by the Attorney General
5 that the exercise of authorized power by the Office
6 of Public Integrity has not complied with the guide-
7 lines promulgated by the Attorney General under
8 paragraph (2); or
9 ‘‘(ii) a determination by the Attorney General
10 that available assistance from other law enforcement
11 agencies is sufficient to meet the need for such pow-
12 ers.
13 ‘‘(B) The powers authorized to be exercised by any
14 individual under paragraph (1) may be rescinded or sus-
15 pended with respect to that individual upon a determina-
16 tion by the Attorney General that such individual has not
17 complied with guidelines promulgated by the Attorney
18 General under paragraph (2).
19 ‘‘(4) No provision of this subsection shall limit the
20 exercise of law enforcement powers established under any
21 other statutory authority, including United States Mar-
22 shals Service special deputation.
23 ‘‘(j)(1) In carrying out subsection (b)(19), except for
24 classified records and any specific record described in this
25 paragraph the Director determines should not be made

HEN20B91 32X

S.L.C.

1 2 3 4 5 6 7 8 9

270
publicly available, the website described in subsection

(b)(19) shall include—
‘‘(A) public financial disclosure reports of nomi-

nees 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 nomi- nated 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 sec- tion 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

HEN20B91 32X

S.L.C.

1 2 3 4 5 6 7 8 9

271
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 there-

to;
‘‘(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 ac-

ceptance of gifts by individuals appointed to a posi- tion by the President from outside sources for which employees must obtain agency approval;

‘‘(J) records relating to the initial ethics brief- ings of individuals appointed to a position by the President required by section 2638.305 of title 5, Code of Federal Regulations, or any successor there- to;

‘‘(K) records of ethics training completed by in- dividuals appointed to a position by the President;

HEN20B91 32X

S.L.C.

1 2 3 4 5 6 7 8 9

272
‘‘(L) reports of the review by the Office of Pub-

lic 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 con- tain a complete explanation of the decision to use a Government aircraft, the cost of the use of a Gov- ernment 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 Di- rector specify conflicts of interest for each indi- vidual, including all matters from which the indi- vidual shall be recused; and

‘‘(B) the information relating to ethics agree- ments made available under subsection (b)(19) is updated to reflect any additional matters from which the individual shall be recused.’’.

HEN20B91 32X

S.L.C.

1 2 3 4 5 6 7 8 9

273
(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 des- ignated by the Director, may transmit to the committee or subcommittee, by report, testimony, or otherwise, infor- mation 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 trans-

mit a budget estimate and request to Congress.
‘‘(2) The President shall include in each budget sub- mitted under section 1105 of title 31, United States

Code—
‘‘(A) a separate statement of the budget esti-

mate and request prepared with the Director;
‘‘(B) the amount requested by the President for

the Office of Public Integrity; and

HEN20B91 32X

S.L.C.

274
‘‘(C) any comments of the Director with respect

2 to the proposal by the President if the Director con-
3 cludes that the budget submitted by the President
4 would substantially inhibit the Director from per-
5 forming the duties of the office.’’.
6 (e) DEFINITIONS.—Title IV of the Ethics in Govern-
7 ment Act of 1978 (5 U.S.C. App.) is amended by adding
8 at the end the following:
9 ‘‘SEC. 409. DEFINITIONS.—For purposes of this
10 title—
11 ‘‘(1) the term ‘agency’ includes the Executive
12 Office of the President;
13 ‘‘(2) the term ‘head of an agency’ includes the
14 President or a designee of the President, for pur-
15 poses of applying this title to the White House and
16 the Executive Office of the President; and
17 ‘‘(3) the term ‘laws or regulations relating to
18 conflicts of interest or other ethics issues’ includes
19 this Act, sections 203 through 209 of title 18,
20 United States Code, the Stop Trading on Congres-
21 sional Knowledge Act of 2012 (Public Law 112–105;
22 5 U.S.C. App., note to section 101 of Public Law
23 95–521), any Executive order substantially con-
24 cerning Government ethics, any written ethics agree-
25 ment or pledge signed by a Presidential appointee,

HEN20B91 32X

S.L.C.

275

1 and any other relevant ethics statutes or regula-
2 tions.’’.
3 (f) PROVISION OF FINANCIAL DISCLOSURES TO THE
4 OFFICE OF PUBLIC INTEGRITY.—Section 103(j) of the
5 Ethics in Government Act of 1978 (5 U.S.C. App.) is
6 amended—
7 (1) in paragraph (1), by inserting ‘‘and the Di-
8 rector of the Office of Public Integrity’’ after ‘‘Offi-
9 cial Conduct of the House of Representatives’’; and
10 (2) in paragraph (2), by inserting ‘‘and the Di-
11 rector of the Office of Public Integrity’’ after ‘‘Eth-
12 ics of the Senate’’.
13 (g) TECHNICAL AND CONFORMING AMENDMENTS.—
14 (1) Section 5314 of title 5, United States Code,
15 is amended by striking the item relating to the Di-
16 rector of the Office of Government Ethics and in-
17 serting the following:
18 ‘‘Director of the Office of Public Integrity.’’.
19 (2) Section 7302(a) of title 5, United States
20 Code, is amended by striking ‘‘Government Ethics’’
21 and inserting ‘‘Public Integrity’’.
22 (3) Section 7353(d)(1)(D) of title 5, United
23 States Code, is amended by striking ‘‘Government
24 Ethics’’ and inserting ‘‘Public Integrity’’.

HEN20B91 32X

S.L.C.

1 2 3 4 5 6 7 8 9

276
(4) Section 11(b)(1)(E) of the Inspector Gen-

eral 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 Insur- ance Act (12 U.S.C. 1822(f)) is amended by striking ‘‘Government Ethics’’ each place it appears and in- serting ‘‘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 Integ- rity’’.

(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

HEN20B91 32X

S.L.C.

1 2 3 4 5 6 7 8 9

277
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 Integ- rity’’.

(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 ‘‘Gov- ernment 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 in- serting ‘‘Public Integrity’’.

(17) Section 12(g) of the Central Intelligence Agency Act of 1949 (50 U.S.C. 3512(g)) is amended

HEN20B91 32X

S.L.C.

278

1 in the matter preceding paragraph (1) by striking
2 ‘‘Government Ethics’’ and inserting ‘‘Public Integ-
3 rity’’.
4 SEC. 512. DESIGNATED AGENCY ETHICS OFFICIALS.
5 (a) IN GENERAL.—Section 109(3) of the Ethics in
6 Government Act of 1978 (5 U.S.C. App.) is amended to
7 read as follows:
8 ‘‘(3) ‘designated agency ethics official’ means
9 an officer or employee of an agency—
10 ‘‘(A) who is appointed and supervised by
11 the head of the agency, after consultation with
12 the Director of the Office of Public Integrity
13 and the Inspector General of the agency;
14 ‘‘(B) who may only be removed by the
15 head of the agency, after consultation with the
16 Director of the Office of Public Integrity and
17 the Inspector General of the agency;
18 ‘‘(C) has a permanent duty station in the
19 same physical building as the head of the agen-
20 cy employing the officer or employee, unless the
21 head of the agency is the President;
22 ‘‘(D) is designated to administer the provi-
23 sions of this title within the agency, except as
24 they pertain to the head of the agency;

HEN20B91 32X

S.L.C.

1 2 3 4 5 6 7 8 9

279
‘‘(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 Eth- ics in Government Act of 1978 (5 U.S.C. App.) is amend- ed—

(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 sub-

mit to the Director of the Office of Public Integrity—
‘‘(A) each significant determination (in- cluding any ethics agreement, financial disclo- sure, recusal agreement, or divestment deter- mination) by the designated agency ethics offi- cial relating to the application or implementa- tion of the laws or regulations relating to con- flicts of interest or other ethics issues (includ-

HEN20B91 32X

S.L.C.

1 2 3 4 5 6 7 8 9

280
ing this title) for any individual serving in a po-

sition—
‘‘(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

‘‘(B) any determination by the designated agency ethics official relating to the application or implementation of the laws or regulations re- lating to conflicts of interest or other ethics issues (including this title) that the Director re- quests from the designated agency ethics offi- cial.
‘‘(2) The Director of the Office of Public Integ-

‘‘(iii) in the Executive Office of the President;

20 rity—
21 ‘‘(A) may review any determination re-
22 ceived under paragraph (1);

23 ‘‘(B) shall notify and advise the designated
24 agency ethics official if the Director determines
25 that the determination received under para-

HEN20B91 32X

S.L.C.

1 2 3 4 5 6 7 8 9

281
graph (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 noti- fication 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 relat- ing 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.—Sec- tion 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 cred-

ible evidence or reason to believe that an officer or em- ployee of the agency is violating, or has violated, any rule, regulation, or Executive order relating to conflicts of inter- est 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 In- tegrity; and

HEN20B91 32X

S.L.C.

1 2 3 4 5 6 7 8 9

282
‘‘(B) recommend that the head of the agency

take a specific disciplinary action (including dis- missal).
‘‘(2) A designated agency ethics official shall make

publicly available any recommendation of a specific dis- ciplinary action made by the designated agency ethics offi- cial 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 des- ignated agency ethics official for the agency employing the individual if—

(1) determined appropriate by the head of the agency employing the designated agency ethics offi- cial; 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 Inspec- tor General of the agency.

HEN20B91 32X

S.L.C.

283

1 Subtitle B—Inspectors General
2 SEC. 531. GENERAL SUPERVISION AND REMOVAL OF IN-
3 SPECTORS GENERAL.
4 (a) IN GENERAL.—The Inspector General Act of
5 1978 (5 U.S.C. App.) is amended—
6 (1) in section 3—
7 (A) in subsection (a), by striking the sec-
8 ond sentence and inserting the following: ‘‘Each
9 Inspector General shall report to and be under
10 the general supervision of the Director of the
11 Office of Public Integrity, and shall not report
12 to, or be subject to supervision by, any other of-
13 ficer of the establishment involved.’’; and
14 (B) in subsection (b)—
15 (i) in the first sentence—
16 (I) by inserting ‘‘(1)’’ before ‘‘An
17 Inspector General’’; and
18 (II) by inserting ‘‘for inefficiency,
19 neglect of duty, or malfeasance in of-
20 fice’’ before the period at the end;
21 (ii) by striking the second sentence
22 and inserting the following: ‘‘The Director
23 of the Office of Public Integrity may make
24 a formal recommendation to the President
25 for the removal of an Inspector General

HEN20B91 32X

S.L.C.

1 2 3 4 5 6 7 8 9

284
under this subsection. If an Inspector Gen-

eral is removed from office, is transferred to another position or location within an establishment, or is placed on paid or un- paid leave, the President shall commu- nicate in writing the reasons for any such removal, leave placement, or transfer to both Houses of Congress and to the Direc- tor of the Office of Public Integrity not later than 30 days before the removal, leave placement, or transfer.’’; and

10 11 12 13

14 ‘‘(2)(A) In the event of a vacancy in the position of
15 Inspector General of an establishment of more than 210
16 days, the Director of the Office of Public Integrity may
17 direct an officer or employee of the establishment to per-
18 form the functions and duties of the position of Inspector
19 General temporarily in an acting capacity for a period of
20 not more than 365 days.

(iii) by adding at the end the fol- lowing:

21 ‘‘(B) If an Inspector General of an establishment is
22 not appointed during the 365-day period described in sub-
23 paragraph (A), the Director of the Office of Public Integ-
24 rity may direct the same or another officer or employee
25 of the establishment to perform the functions and duties

HEN20B91 32X

S.L.C.

285

1 of the position of Inspector General temporarily in an act-
2 ing capacity for a period of not more than 365 days.
3 ‘‘(C) If an Inspector General of an establishment is
4 not appointed during the 365-day period described in sub-
5 paragraph (B), the Director of the Office of Public Integ-
6 rity may direct the same or another officer or employee
7 of the establishment to perform the functions and duties
8 of the position of Inspector General temporarily in an act-
9 ing capacity for a period of not more than 365 days.’’;
10 (2) in section 8A(a), by inserting ‘‘and the Di-
11 rector of the Office of Public Integrity’’ before the
12 period at the end;
13 (3) in section 8B, by amending subsection (a)
14 to read as follows:
15 ‘‘(a) The Director of the Office of Public Integrity—
16 ‘‘(1) may delegate the authority specified in the
17 second sentence of section 3(a) to the Chairman or
18 another member of the Nuclear Regulatory Commis-
19 sion; and
20 ‘‘(2) may not delegate the authority specified in
21 the second sentence of section 3(a) to any other offi-
22 cer or employee of the Nuclear Regulatory Commis-
23 sion.’’;
24 (4) in section 8C, by amending subsection (a)
25 to read as follows:

HEN20B91 32X

S.L.C.

1 2 3 4 5 6 7 8 9

286
‘‘(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 Insur- ance Corporation; and

‘‘(2) may not delegate the authority specified in the second sentence of section 3(a) to any other offi- cer 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 fol- lowing:

‘‘(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 Direc- tor,’’ after ‘‘head of the designated Federal en- tity’’;

HEN20B91 32X

S.L.C.

1 2 3 4 5 6 7 8 9

287
(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 super- vision 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 Fed- eral entity for inefficiency, neglect of duty, or malfeasance in office after the head of the designated entity consults with the Di- rector, 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;

HEN20B91 32X

S.L.C.

1 2 3 4 5 6 7 8 9

288
(B) in subparagraph (B)(iii)(II), by strik-

ing the period at the end and inserting a semi- colon; and

‘‘(C) ensure that, if any portion of a report described in subparagraph (A) contains infor- mation 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 de- scribed in subparagraph (A) is classified, sen- sitive, 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 In- spector General; and

‘‘(E) include on the website of the Office of Inspector General a listing of each report de- scribed in subparagraph (D) that is not posted on the website.’’.

HEN20B91 32X

S.L.C.

1 2 3 4 5 6 7 8 9

289
(b) INSPECTOR GENERAL OF THE CENTRAL INTEL-

LIGENCE AGENCY.—Section 17(b) of the Central Intel- ligence Agency Act of 1949 (50 U.S.C. 3517(b)) is amend- ed—

(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 rec- ommendation to the President for the removal of the Inspector General under this para- graph.’’.

(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 In- telligence’’ and inserting ‘‘the Office of Public Integ- rity, who may delegate that authority to the Director of National Intelligence’’; and

HEN20B91 32X

S.L.C.

1 2 3 4 5 6 7 8 9

290
(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

11 (d) INSPECTOR GENERAL OF SIGAR.—Section
12 1229(e)(1) of the National Defense Authorization Act for
13 Fiscal Year 2008 (Public Law 110–181; 122 Stat. 379)
14 is amended by striking ‘‘the Secretary of State and the
15 Secretary of Defense’’ and inserting ‘‘the Director of the
16 Office of Public Integrity, who may delegate that authority
17 to the Secretary of State and the Secretary of Defense’’.
18 (e) INSPECTOR GENERAL OF SIGTARP.—Section
19 121(b) of the Emergency Economic Stabilization Act of
20 2008 (12 U.S.C. 5231(b)) is amended by adding at the
21 end the following:
22 ‘‘(7) The Special Inspector General shall report to
23 and be under the general supervision of the Director of
24 the Office of Public Integrity, who may delegate that au-
25 thority to the Secretary.’’.

HEN20B91 32X

S.L.C.

1 2 3 4 5 6 7 8 9

291
(f) CONFORMING AMENDMENTS TO FEDERAL VA-

CANCIES 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 pre-

ceding paragraph (1), by striking ‘‘If’’ and in- serting ‘‘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 Presi- dent may not exercise the authority under this section with respect to that vacancy in the office of the Inspector Gen-

eral.’’;
(2) in section 3346—

(A) in subsection (a), in the matter pre- ceding 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,

HEN20B91 32X

S.L.C.

1 2 3 4 5 6 7 8 9

292
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 Representa- tives (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 em- ployee of the Senate;

HEN20B91 32X

S.L.C.

293
(4) the term ‘‘employee of the House of Rep-

2 resentatives’’ has the meaning given the term in sec-
3 tion 101 of the Congressional Accountability Act of
4 1995 (2 U.S.C. 1301) and includes an elected or ap-
5 pointed officer of the House of Representatives;
6 (5) the term ‘‘employee of the Senate’’ has the
7 meaning given the term in section 101 of the Con-
8 gressional Accountability Act of 1995 (2 U.S.C.
9 1301) and includes an elected or appointed officer of
10 the Senate; and
11 (6) the term ‘‘Member’’ means any Senator or
12 Representative in, or Delegate or Resident Commis-
13 sioner to, the Congress.
14 SEC. 552. THE OFFICE OF CONGRESSIONAL ETHICS.
15 For the purpose of assisting the House of Represent-
16 atives and the Senate in carrying out the responsibilities
17 under article I, section 5, clause 2 of the Constitution of
18 the United States (commonly referred to as the ‘‘Dis-
19 cipline Clause’’), there is established an independent office
20 in the legislative branch to be known as the ‘‘Office of
21 Congressional Ethics’’ (referred to in this subtitle as the
22 ‘‘Office’’), which shall be governed by the Congressional
23 Ethics Board established under section 553(a).

HEN20B91 32X

S.L.C.

1 2 3 4 5 6 7 8 9

294

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;

(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 individ- uals.
(2) QUALIFICATIONS OF BOARD MEMBERS.—

(A) EXPERTISE.—Each member of the Board shall be an individual of exceptional pub- lic standing who is specifically qualified to serve on the Board by virtue of the individual’s edu-

HEN20B91 32X

S.L.C.

1 2 3 4 5 6 7 8 9

295
cation, training, or experience in 1 or more of

the legislative, judicial, regulatory, professional ethics, legal, or academic fields.

(B) SELECTION BASIS.—Selection and ap- pointment of each member of the Board shall be without regard to political affiliation and solely on the basis of fitness to perform the du- ties of a member of the Board.

(D) DISQUALIFICATIONS.—No individual shall be eligible for appointment to, or service on, the Board who—

(i) has ever been registered, or re- quired 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 em- ployed in, lobbying of the Congress;

(iii) is registered or is required to be registered as an agent of a foreign prin- cipal under the Foreign Agents Registra- tion Act of 1938 (22 U.S.C. 611 et seq.);

(iv) is, or has been in the 4 years pre- ceding the date of appointment, a Member,

HEN20B91 32X

S.L.C.

1 2 3 4 5 6 7 8 9

296
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 sig- nificant 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 em- ployee of the Federal Government, includ- ing 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 Con-

gresses.
(C) REMOVAL.—A member of the Board

may be removed only for cause and upon unani- mous agreement among the President pro tem-

HEN20B91 32X

S.L.C.

297
pore and the Minority Leader of the Senate and

1
2
3
4
5
6
7
8
9 (b) CHAIRPERSON AND VICE-CHAIRPERSON.—

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 ap- pointment under paragraph (1).

10 (1) IN GENERAL.—The members of the Board
11 shall elect a chairperson and a vice-chairperson of
12 the Board by a majority vote. The chairperson and
13 the vice-chairperson shall serve a 1-year term, and
14 may be reelected for additional 1-year terms.
15 (2) DUTIES.—The chairperson of the Board
16 shall preside at the meetings of the Board, and the
17 vice-chairperson shall preside in the absence or dis-
18 ability of the chairperson.
19 (c) MEETINGS.—
20 (1) QUORUM.—A majority of the members of
21 the Board shall constitute a quorum, except that a
22 lesser number of members may hold hearings.
23 (2) MEETINGS.—The Board shall meet at the
24 call of the chairperson or the call of a majority of
25 its members, pursuant to the rules of the Board.

HEN20B91 32X

S.L.C.

1 2 3 4 5 6 7 8 9

298
(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

HEN20B91 32X

S.L.C.

299

1 such testimony, and receive such relevant evidence,
2 as may be necessary to carry out its duties.
3 (f) FINANCIAL DISCLOSURE REPORTS.—
4 (1) IN GENERAL.—Each member of the Board
5 shall file an annual financial disclosure report with
6 the Secretary of the Senate and the Clerk of the
7 House of Representatives on or before May 15 of
8 each calendar year immediately following any year in
9 which the member served on the Board. Each such
10 report shall be on a form prepared jointly by the
11 Clerk and the Secretary that is substantially similar
12 to the form required for individuals at the executive
13 branch who must complete a confidential financial
14 disclosure report under section 102 of the Ethics in
15 Government Act of 1978 (5 U.S.C. App.).
16 (2) DISTRIBUTION OF REPORT.—The Secretary
17 of the Senate and the Clerk of the House of Rep-
18 resentatives, working jointly, shall—
19 (A) not later than 7 days after the date
20 each financial disclosure report under para-
21 graph (1) is filed, send a copy of each such re-
22 port to the applicable ethics committees; and
23 (B) annually print all such financial disclo-
24 sure reports as a document of Congress, and
25 make the document available to the public.

HEN20B91 32X

S.L.C.

300

1 SEC. 554. DUTIES AND POWERS OF THE OFFICE AND THE
2 BOARD.
3 (a) IN GENERAL.—The Office is authorized—
4 (1) in accordance with section 555—
5 (A) to investigate any alleged violation, by
6 a Member or employee of Congress, of any eth-
7 ics law (including regulations), rule, or other
8 standard of conduct applicable to the conduct of
9 such Member or employee under applicable
10 House or Senate rules in the performance of
11 the duties, or the discharge of the responsibil-
12 ities, of the Member or employee; and
13 (B) in any case where the Board deter-
14 mines, after the investigation described in sub-
15 paragraph (A), that there is a reasonable basis
16 to believe an alleged violation of any ethics law,
17 rule, or other standard of conduct described in
18 such subparagraph, to present the alleged ethics
19 violation and any material evidence to the appli-
20 cable ethics committee;
21 (2) to refer to appropriate Federal or State au-
22 thorities, including the Office of Public Integrity and
23 the Department of Justice as appropriate, any evi-
24 dence of a violation by a Member or employee of
25 Congress of any law (including laws applicable to the
26 performance of the duties, or the discharge of the

HEN20B91 32X

S.L.C.

301

1 responsibilities, of the Member or employee), which
2 may have been disclosed in an investigation by the
3 Office, in accordance with subsection (b);
4 (3) to provide advice and informal guidance to
5 Members and employees of Congress regarding any
6 ethics law (including regulations), rule, or other
7 standard of conduct applicable to such individuals in
8 their official capacities, and develop and carry out
9 periodic educational briefings for Members and em-
10 ployees of Congress on those laws, rules, and other
11 standards;
12 (4)(A) to give consideration to the request of
13 any Member or employee of Congress for a formal
14 advisory opinion or other formal ruling, subject to
15 the approval of the applicable ethics committee, with
16 respect to the general propriety of any current or
17 proposed conduct of such Member or employee;
18 (B) to provide a formal advisory opinion or
19 other formal ruling, in accordance with subpara-
20 graph (A), in situations that the Board determines
21 appropriate; and
22 (C) subject to the requirement for approval by
23 the applicable ethics committee in accordance with
24 subsection (c), and with appropriate deletions to as-
25 sure the privacy of the individual concerned, to pub-

HEN20B91 32X

S.L.C.

302

1 lish such opinion for the guidance of other Members
2 and employees of Congress;
3 (5) if the Office determines, during the course
4 of any investigation under this subtitle, that a lob-
5 byist or lobbying firm may be in noncompliance with
6 the Lobbying Disclosure Act of 1995 (2 U.S.C. 1601
7 et seq.),—
8 (A) to notify the United States Attorney
9 for the District of Columbia and the Director of
10 the Office of Public Integrity of the potential
11 violation; and
12 (B) to notify the lobbyist or lobbying firm
13 of such determination, in writing;
14 (6) to provide informal guidance to lobbyists or
15 lobbying firms engaged in lobbying activity or lob-
16 bying contacts under the Lobbying Disclosure Act of
17 1995 (2 U.S.C. 1601 et seq.) to covered legislative
18 branch officials (as defined in section 3 of such Act
19 (2 U.S.C. 1602)) of their responsibilities under such
20 Act;
21 (7) to aid in the enforcement of ethics require-
22 ments for Members or employees of Congress under
23 this subtitle or any other provision of law; and
24 (8) to administer the process for Members and
25 employees of Congress to seek and receive any waiv-

HEN20B91 32X

S.L.C.

303

1 ers from any ethics law (including regulations), rule,
2 or other standard that applies to Members and em-
3 ployees of Congress, subject to approval of the appli-
4 cable ethics committee.
5 (b) REFERRALS TO LAW ENFORCEMENT OFFI-
6 CIALS.—
7 (1) IN GENERAL.—Upon a majority vote of the
8 Board, the Office may refer potential legal violations
9 committed by a Member or employee of Congress to
10 the Department of Justice or other relevant Federal
11 or State law enforcement officials, which referral
12 shall include all appropriate evidence gathered dur-
13 ing any review conducted under this subtitle.
14 (2) NO APPROVAL REQUIRED.—A referral
15 under paragraph (1) does not require the approval
16 of either of the applicable ethics committees.
17 (3) NOTIFICATION.—The Board shall notify the
18 Select Committee on Ethics of the Senate or the
19 Committee on Ethics of the House of Representa-
20 tives, and the Director of the Office of Public Integ-
21 rity of all referrals under this subsection.
22 (c) ADVISORY OPINIONS.—
23 (1) IN GENERAL.—Upon a majority vote of the
24 Board, the Office may draft and publish rec-
25 ommended formal advisory opinions and interpreta-

HEN20B91 32X

S.L.C.

304

1 tions of rules and other standards of conduct appli-
2 cable to Members and employees of Congress, which
3 shall be submitted to each applicable ethics com-
4 mittee for approval.
5 (2) REQUIREMENTS FOR ETHICS COMMITTEE
6 REVIEW.—Each applicable ethics committee may re-
7 vise, overturn, dismiss, or issue any recommended
8 formal advisory opinions or interpretations under
9 paragraph (1) that is applicable to the Members and
10 employees of that House of Congress. A rec-
11 ommended formal advisory opinion or interpretation
12 under paragraph (1) is only binding if issued by one
13 of the applicable ethics committees.
14 (3) REQUIREMENTS.—Any applicable ethics
15 committee decision described in paragraph (2) shall
16 be recorded and made publicly available, and shall
17 be accompanied by a written explanation for that ac-
18 tion. Dissenting members of the applicable ethics
19 committee are allowed to issue their own report de-
20 tailing reasons for disagreeing with the decision.
21 (d) LIMITATIONS ON REVIEW.—No review shall be
22 undertaken by the Board of any alleged violation of law,
23 rule, regulation or standard of conduct not in effect at
24 the time of the alleged violation, nor shall any review be

HEN20B91 32X

S.L.C.

305

1 undertaken by the Board of any alleged violation that oc-
2 curred before the date of enactment of this Act.
3 (e) PROHIBITION ON PUBLIC DISCLOSURE.—
4 (1) IN GENERAL.—
5 (A) REQUIRED AFFIRMATION BY MEMBERS
6 AND STAFF.—When an individual becomes a
7 member of the Board or employee of the Office,
8 that individual shall execute the following oath
9 or affirmation in writing: ‘‘I do solemnly swear
10 (or affirm) that I will not disclose to any person
11 or entity outside of the Office any information
12 received in the course of my service with the
13 Office, except as authorized by the Board by
14 majority vote as necessary to conduct official
15 business or pursuant to its rules.’’. Copies of
16 the executed oath shall be provided to the Clerk
17 of the House of Representatives and the Sec-
18 retary of the Senate as part of the records of
19 the House and Senate.
20 (B) PROHIBITION ON PUBLIC DISCLO-
21 SURE.—No testimony received, or any other in-
22 formation obtained, by a member of the Board
23 or employee of the Office shall be publicly dis-
24 closed to any person or entity outside the Of-
25 fice, unless approved by a majority vote of the

HEN20B91 32X

S.L.C.

1 2 3 4 5 6 7 8 9

306
Board. Any communication to any person or en-

tity outside the Office may occur only as au- thorized 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

10 11

12 PUBLIC INTEGRITY OR ETHICS COMMITTEES.—Para-
13 graph (1) shall not preclude—
14 (A) any member of the Board or any em-
15 ployee of the Office from presenting a report or
16 findings of the Board, or testifying before the
17 Select Committee on Ethics of the Senate or
18 the Committee on Ethics of the House of Rep-
19 resentatives, if requested by either committee
20 pursuant to the rules of the committee;
21 (B) any necessary communication with the
22 Office of Public Integrity;
23 (C) any necessary communication with the
24 Department of Justice or any other law en-
25 forcement agency;

HEN20B91 32X

S.L.C.

307
(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 Representa- tives, or Minority Leader of the House of Rep- resentatives.

1 2 3 4 5 6 7 8 9

11 Board votes on a recommendation or statement to
12 be transmitted to the appropriate congressional com-
13 mittee relating to official conduct of any Member or
14 employee of Congress, the Board shall provide that
15 individual the opportunity to present, orally or in
16 writing (at the discretion of the Board), a statement
17 to the Board.
18 (f) PRESENTATION OF REPORTS TO SELECT COM-
19 MITTEE ON ETHICS OF THE SENATE OR THE COMMITTEE
20 ON ETHICS OF THE HOUSE OF REPRESENTATIVES.—
21 Whenever the Board transmits any report to the applica-
22 ble ethics committee relating to the official conduct of any
23 Member or employee of Congress, it shall designate a
24 member of the Board or employee to present the report
25 to such committee if requested by such committee.

(3) OPPORTUNITY TO PRESENT.—Before the

HEN20B91 32X

S.L.C.

308

1 (g) MAINTAINING OF FINANCIAL DISCLOSURE RE-
2 PORTS.—The Office shall receive, and maintain, a copy
3 of each report filed under section 101 of the Ethics in
4 Government Act of 1978 (5 U.S.C. App.) by a Member
5 or employee of Congress.
6 (h) MEMORANDUM OF UNDERSTANDING WITH THE
7 OFFICE OF PUBLIC INTEGRITY.—The Office shall enter
8 into a memorandum of understanding with the Director
9 of the Office of Public Integrity in order—
10 (1) to share any information necessary for the
11 execution of each office’s respective duties and re-
12 sponsibilities, including the copies of reports de-
13 scribed in subsection (g);
14 (2) to ensure consistent interpretation and en-
15 forcement of the Nation’s ethics laws for executive
16 and legislative branch employees and officials; and
17 (3) to reduce and mitigate jurisdictional confu-
18 sion.
19 (i) INVESTIGATIVE AUTHORITY.—In the course of an
20 investigation described in subsection (a)(1)(A), the Board
21 may require by subpoena the attendance of and testimony
22 by witnesses and the production of any book, check, can-
23 celed check, correspondence, communication, document,
24 email, papers, physical evidence, record, recording, tape,
25 or other material (including electronic records) relating to

HEN20B91 32X

S.L.C.

309

1 any matter or question the Office is authorized to inves-
2 tigate from any individual or entity.
3 SEC. 555. REVIEW PROCESS OF SUBMISSIONS.
4 (a) SOURCE OF SUBMISSIONS.—
5 (1) CITIZEN SUBMISSIONS.—
6 (A) CITIZEN SUBMISSIONS.—Any citizen of
7 the United States, including a Member or em-
8 ployee of Congress, may submit to the Office an
9 allegation of a violation or any material infor-
10 mation regarding an alleged violation, by a
11 Member or employee of Congress of any law
12 (including any regulation), rule, or other stand-
13 ard of conduct applicable to the conduct of such
14 Member or employee in the performance of the
15 duties, or the discharge of the responsibilities,
16 of the Member or employee, subject to subpara-
17 graph (B) and paragraph (4).
18 (B) BAN ON FILING SUBMISSIONS PRIOR
19 TO ELECTION.—The Board may not accept cit-
20 izen submissions regarding the conduct of a
21 Member filed in the—
22 (i) 30 days prior to a primary election
23 for which the Member in question is a can-
24 didate; and

HEN20B91 32X

S.L.C.

310
(ii) 60 days prior to a general election

1 2 3 4

5 SIONAL ETHICS SUBMISSIONS.—A member of the
6 Board or an employee of the Office may submit an
7 allegation of a violation by a Member or employee of
8 Congress of any law (including any regulation), rule,
9 or other standard of conduct applicable to the con-
10 duct of such Member or employee in the perform-
11 ance of the duties, or the discharge of the respon-
12 sibilities, of the Member or employee.
13 (3) FALSE CLAIMS ACKNOWLEDGMENT AND
14 STATEMENT.—Any submission under paragraph (1)
15 shall include a signed statement acknowledging that
16 the individual submitting the allegation or material
17 information understands that section 1001 of title
18 18, United States Code (popularly known as the
19 ‘‘False Statements Act’’), applies to the allegation or
20 information the individual is submitting.
21 (4) PAST FRIVOLOUS CHARGES.—The Board
22 shall not accept any submission under paragraph
23 (1)(A) from an individual who has previously vio-
24 lated section 1001 of title 18, United States Code,
25 with respect to this subtitle.

for which the Member in question is a can-

didate.
(2) BOARD MEMBER OR OFFICE OF CONGRES-

HEN20B91 32X

S.L.C.

311
(5) NOTIFICATION.—Upon receipt of a submis-

2 sion filed under paragraph (1) or (2) that meets the
3 requirements of this subsection and that the Office
4 determines contains a material allegation of a viola-
5 tion, or material information, described in paragraph
6 (1)(A), the Office shall refer the submission to the
7 Board for consideration under the review process de-
8 scribed in subsection (b).
9 (b) REVIEW PROCESS OF ALLEGED VIOLATIONS BY
10 MEMBERS OR EMPLOYEES OF CONGRESS.—
11 (1) REQUEST.—After receiving a submission
12 under subsection (a)(5), 2 or more members of the
13 Board may submit a joint written statement to all
14 members of the Board authorizing the Office to un-
15 dertake a preliminary review of any alleged violation
16 by a Member or employee of Congress of any law
17 (including any regulation), rule, or other standard of
18 conduct applicable to the conduct of such Member or
19 employee in the performance of the duties, or the
20 discharge of the responsibilities, of the Member or
21 employee, along with a brief description of the spe-
22 cific matter.
23 (2) PRELIMINARY REVIEW.—
24 (A) IN GENERAL.—Not later than 7 busi-
25 ness days after receipt of an authorization

HEN20B91 32X

S.L.C.

1 2 3 4 5 6 7 8 9

312
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 re- view, including a statement of the nature of the review, to—

(I) the applicable ethics com- mittee;

(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 PRE-

LIMINARY REVIEW.—At any time, the Board may, by a majority vote, terminate a prelimi- nary 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 sec- tion is completed and no further actions shall be taken; and

HEN20B91 32X

S.L.C.

1 2 3 4 5 6 7 8 9

313
(ii) the Board—

(I) shall notify, in writing, the in- dividual who was the subject of the preliminary review, the Director of the Office of Public Integrity, and the ap- plicable ethics committee, of its deci- sion to terminate the review of the matter; and

(II) may, in any case where the Board votes to terminate the prelimi- nary review, send a report, including any findings of the Board, to the ap- plicable ethics committee and to the Director of the Office of Public Integ- rity.

(3) SECOND-PHASE REVIEW PROCESS.—
(A) VOTE FOR SECOND-PHASE REVIEW.— (i) IN GENERAL.—After the prelimi- nary 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 mem- bers of the Board to authorize the second- phase review, the Board shall authorize the

HEN20B91 32X

S.L.C.

1 2 3 4 5 6 7 8 9

314
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 re- view process under this section shall be completed and no further actions shall be taken.

(iii) NOTIFICATION TO PARTIES.—The Board—

(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 find- ings of the Board, to the applicable ethics committee and to the Director of the Office of Public Integrity.

HEN20B91 32X

S.L.C.

1 2 3 4 5 6 7 8 9

315
(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.

(i) evaluate the review and determine, based on a majority vote, whether—

(I) the applicable ethics com- mittee should dismiss the matter that was the subject of such review, which may be made on any ground, includ- ing that the matter under review is de minimis in nature;

(II) the matter requires further review by the applicable ethics com- mittee; or

(III) the applicable ethics com- mittee should take action relating to the matter, including any rec- ommendation for the disciplinary ac- tion or sanctions that the committee should take;

HEN20B91 32X

S.L.C.

1 2 3 4 5 6 7 8 9

316
(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 em- ployee of Congress who is the subject of the review, including any alleged violations uncovered in either the pre-

liminary 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 de- scribed in clause (i);

(IV) any findings of the Board, including—

(aa) any findings of fact;

(bb) a description of any rel- evant information that the Board was unable to obtain or witnesses

HEN20B91 32X

S.L.C.

1 2 3 4 5 6 7 8 9

317
whom the Board was unable to

interview, and the reasons there- for; and

(cc) a citation of any rel- evant law, regulation, or stand- ard of conduct relating to the violation; and
(V) any supporting documenta-

tion;

(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 re- port 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 main- tained 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

HEN20B91 32X

S.L.C.

1 2 3 4 5 6 7 8 9

318
the ability of the applicable ethics com-

mittee 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, rep- rimand, 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 al- leged violator serves (if such indi- vidual is a Member of Congress); or

(II) the alleged violator’s em- ployer, if the individual is an employee of Congress; and
(iii) may make the reprimand avail- to the public.

able
(c) REQUESTS FROM APPLICABLE ETHICS COMMIT-

TEES.—
(1) IN GENERAL.—Notwithstanding any other

provision of this subtitle, upon receipt of a written

HEN20B91 32X

S.L.C.

319

1 request from an applicable ethics committee that the
2 Board cease its review of any matter and refer such
3 matter to the committee because the committee has
4 voted to open an investigation of such matter by the
5 committee or by an investigatory subcommittee of
6 the committee, the Board shall refer such matter to
7 the committee, cease its preliminary or second-phase
8 review, as applicable, of that matter and so notify
9 any individual who is the subject of the review. In
10 any such case, the Board shall send a written report
11 to the committee containing a statement that, upon
12 the request of that committee, the matter is referred
13 to it for its consideration. Nothing in this paragraph
14 shall be construed to prevent the Board from send-
15 ing any information regarding the matter to the Di-
16 rector of the Office of Public Integrity or to other
17 law enforcement agencies.
18 (2) RESUMPTION OF REVIEW.—If the applicable
19 ethics committee notifies the Board in writing that
20 it is unable to resolve any matter described in para-
21 graph (1), the Board may begin or continue, as the
22 case may be, a second-phase review of the matter in
23 accordance with subsection (b)(3).
24 (d) PROCEDURES.—

HEN20B91 32X

S.L.C.

1 2 3 4 5 6 7 8 9

320
(1) REVIEW POWERS.—Members of the Board

or employees of the Office may, during either an ini- tial 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, cor- respondence, accounts, memoranda, papers, documents, tapes, and materials as the Board or the Office considers advisable;

(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 un- derstands 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 be- fore the Office may be paid in the same manner

HEN20B91 32X

S.L.C.

321
as prescribed by clause 5 of rule XI of the

1 2 3 4 5

6 TIONS.—There shall be no ex parte communications
7 between any member of the Board or employee of
8 the Office and any individual who is the subject of
9 any review by the Board or between any member of

Rules of the House of Representatives, as in ef- fect on the day before the date of enactment of this Act.
(3) PROHIBITION OF EX PARTE COMMUNICA-

10 the Board and any interested party, and no Member
11 or employee of the Congress may communicate with
12 any member of the Board or employee of the Office
13 regarding any matter under review by the Board ex-
14 cept as authorized by the Board.
15 (4) CONTEMPT OF CONGRESS.—If a person dis-
16 obeys or refuses to comply with a subpoena, or if a
17 witness refuses to testify to a matter, the Board
18 may recommend to the applicable ethics committee
19 that such person be held in contempt of Congress.
20 SEC. 556. PERSONNEL MATTERS.
21 (a) COMPENSATION OF EMPLOYEES.—
22 (1) APPOINTMENT.—Upon a majority vote of
23 the Board, the Board may appoint and fix the com-
24 pensation of such professional, nonpartisan staff (in-
25 cluding staff with relevant experience in investiga-

HEN20B91 32X

S.L.C.

322

1 tions and law enforcement) of the Office as the
2 Board considers necessary to perform its duties.
3 (2) QUALIFICATIONS.—Each employee of the
4 Office shall be professional and demonstrably quali-
5 fied for the position for which the employee is hired.
6 (3) STAFFING REQUIREMENTS.—
7 (A) IN GENERAL.—The employees of the
8 Office shall be assembled and retained as a pro-
9 fessional, nonpartisan staff, and the Office as a
10 whole, and each individual employee, shall per-
11 form all official duties in a nonpartisan manner.
12 (B) NO PARTISAN POLITICAL ACTIVITY.—
13 No employee of the Office shall engage in any
14 partisan political activity directly affecting any
15 congressional or presidential election.
16 (C) LIMITATION OR PUBLIC SPEAKING OR
17 PUBLICATION.—No employee of the Office may
18 accept public speaking engagements or write for
19 publication on any subject that is in any way
20 related to the employee’s employment or duties
21 with the Office without specific prior approval
22 from the chairperson and vice-chairperson of
23 the Board.

HEN20B91 32X

S.L.C.

323

1 (b) TERMINATION OF EMPLOYEES.—The employ-
2 ment of an employee of the Office may be terminated dur-
3 ing a Congress solely by a majority vote of the Board.
4 (c) REIMBURSEMENTS.—Members of the Board, and
5 employees of the Office, may be reimbursed for travel, sub-
6 sistence, and other necessary expenses incurred by mem-
7 bers or employees in the performance of their duties in
8 the same manner as is permissible for such expenses of
9 other employees of the House or Senate.
10 (d) AGREEMENTS FOR MEMBERS AND EMPLOYEES;
11 RETENTION OF DOCUMENTS BY THE CLERK.—
12 (1) IN GENERAL.—Before any individual who is
13 appointed to serve on the Board or before any indi-
14 vidual is hired to be an employee of the Office may
15 do so, the individual shall execute a signed document
16 containing the following statement: ‘‘I agree not to
17 be a candidate for the office of Senator or Rep-
18 resentative in, or Delegate or Resident Commis-
19 sioner to, the Congress for purposes of the Federal
20 Election Campaign Act of 1971 until at least 4
21 years after I am no longer a member of the Congres-
22 sional Ethics Board or employee of the Office of
23 Congressional Ethics.’’.
24 (2) RETENTION OF DOCUMENTS.—Copies of the
25 signed and executed document shall be retained by

HEN20B91 32X

S.L.C.

324

1 the Clerk of the House of Representatives and the
2 Secretary of the Senate as part of the records of the
3 House and the Senate. The Clerk and the Secretary,
4 working jointly, shall make the signatures a matter
5 of public record, causing the names of each indi-
6 vidual who has signed the document to be published
7 in a portion of the Congressional Record designed
8 for that purpose, and make cumulative lists of such
9 names available on the websites of the Clerk and the
10 Secretary.
11 (e) CODE OF CONDUCT.—The Board—
12 (1) shall establish a code of conduct to govern
13 the behavior of the members of the Board and the
14 employee of the Office, which shall include the avoid-
15 ance of conflicts of interest; and
16 (2) may issue other rules as the Board deter-
17 mines necessary to carry out the functions of the
18 Board and the Office.
19 SEC. 557. AUTHORIZATION OF APPROPRIATIONS.
20 There is authorized to be appropriated to carry out
21 this subtitle such sums as may be necessary.
22 SEC. 558. CONFORMING AMENDMENTS AND RULES OF CON-
23 STRUCTION.
24 (a) CONFORMING AMENDMENTS TO THE ETHICS IN
25 GOVERNMENT ACT OF 1978.—Section 109(18) of the

HEN20B91 32X

S.L.C.

325

1 Ethics in Government Act of 1978 (5 U.S.C. App.) is
2 amended—
3 (1) by redesignating subparagraphs (A) through
4 (D), as amended, as subparagraphs (B) through
5 (E), respectively;
6 (2) by inserting before subparagraph (B), as re-
7 designated by paragraph (1) of this subsection, the
8 following:
9 ‘‘(A) the Office of Congressional Ethics es-
10 tablished under section 552 of the Anti-Corrup-
11 tion and Public Integrity Act, for Senators,
12 Members of the House of Representatives, offi-
13 cers and employees of the Senate, and officers
14 and employees of the House of Representatives
15 required to file financial disclosure reports with
16 the Secretary of the Senate pursuant to section
17 103(h) of this title;’’;
18 (3) in subparagraph (B) (as so redesignated),
19 by striking ‘‘Senators, officers and employees of the
20 Senate, and other officers or employees of the legis-
21 lative branch’’ and inserting ‘‘officers or employees
22 of the legislative branch not described in subpara-
23 graph (A)’’; and
24 (4) in subparagraph (C) (as so redesignated),
25 by striking ‘‘Members, officers and employees of the

HEN20B91 32X

S.L.C.

326

1 House of Representatives and other officers or em-
2 ployees of the legislative branch’’ and inserting ‘‘offi-
3 cers or employees of the legislative branch not de-
4 scribed in subparagraph (A)’’.
5 (b) TERMINATION OF THE OFFICE OF CONGRES-
6 SIONAL ETHICS OF THE HOUSE OF REPRESENTATIVES.—
7 Beginning on the date on which all members of the Board
8 are appointed, the Office of Congressional Ethics of the
9 House of Representatives shall be eliminated and section
10 1 of H. Res. 895 (110th Congress, March 11, 2008) shall
11 cease to have any force or effect.
12 (c) RULEMAKING AUTHORITY.—The provisions of
13 this subtitle are enacted—
14 (1) as an exercise of the rulemaking power of
15 the Senate and of the House of Representatives, and
16 as such they shall be considered as part of the rules
17 of the Senate and the House, respectively, and shall
18 supersede other rules only to the extent that they
19 are inconsistent therewith; and
20 (2) with full recognition of the constitutional
21 right of the Senate and the House of Representa-
22 tives to change such rules at any time, in the same
23 manner, and to the same extent as in the case of
24 any other rule of the Senate or House of Represent-
25 atives.

HEN20B91 32X

S.L.C.

1 2 3 4 5 6 7 8 9

327

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 Fed-

eral 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 cat- egories 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 mar- gin accordingly;

HEN20B91 32X

S.L.C.

1 2 3 4 5 6 7 8 9

328
(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 in- come is within:’’;

(iv) in clause (i)(III), as so des- ignated, 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

HEN20B91 32X

S.L.C.

1 2 3 4 5 6 7 8 9

329
$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.’’; in paragraph (3), by striking ‘‘cat-

(B)
egory of value’’ and inserting ‘‘value, in accord- ance with subsection (d)(2),’’; and

(C) in paragraph (4), in the matter pre- ceding 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 pre- ceding subparagraph (A), by striking ‘‘(3), (4), (5), and (8)’’ and inserting ‘‘(5) and (8)’’;

(B) by redesignating paragraph (2) as paragraph (3); and

‘‘(2) The amount or value of the items covered in paragraphs (3) and (4) of subsection (a) shall be reported as follows:

HEN20B91 32X

S.L.C.

1 2 3 4 5 6 7 8 9

330
‘‘(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.’’.

HEN20B91 32X

S.L.C.

1 2 3 4 5 6 7 8 9

331

SEC. 602. DISCLOSURE OF PERSONAL INCOME TAX RE- TURNS BY PRESIDENTS, VICE PRESIDENTS, MEMBERS OF CONGRESS, AND CERTAIN CAN-

DIDATES.

(a) IN GENERAL.—Title I of the Ethics in Govern- ment 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 RE- TURNS BY PRESIDENTS, VICE PRESIDENTS, MEMBERS OF CONGRESS, AND CERTAIN CAN-

DIDATES.

‘‘(a) DEFINITIONS.—In this section—
‘‘(1) the term ‘covered candidate’ means an in-

dividual—
‘‘(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 Mem- ber 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

HEN20B91 32X

S.L.C.

1 2 3 4 5 6 7 8 9

332
of Congress required to file a report under sec-

tion 101(e);

‘‘(3) the term ‘income tax return’ means, with respect to any covered candidate or covered indi- vidual, any return (within the meaning of section 6103(b) of the Internal Revenue Code of 1986) re- lated to Federal income taxes, but does not in- clude—

‘‘(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 Rev-

enue Code of 1986.

‘‘(b)

DISCLOSURE.—
‘‘(1) COVERED INDIVIDUALS.—

‘‘(A) IN GENERAL.—In addition to the in- formation described in subsections (a) and (b) of section 102, a covered individual shall in- clude 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

HEN20B91 32X

S.L.C.

1 2 3 4 5 6 7 8 9

333
years and every year the individual was in

Federal elected office for which a return have been filed with the Internal Revenue Service as of the date on which the report is filed; and

‘‘(ii) with respect to a Member of Congress, the 2 most recent taxable years and every year the individual was in Fed- eral elected office for which a return has been filed with the Internal Revenue Serv- ice as of the date on which the report is filed.
‘‘(B) FAILURE TO DISCLOSE.—If an in-

come tax return is not disclosed under subpara- graph (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

HEN20B91 32X

S.L.C.

1 2 3 4 5 6 7 8 9

334
same manner as the information described in

subsections (a) and (b) of section 102.
‘‘(D) REDACTION OF CERTAIN INFORMA- TION.—Before making any income tax return submitted under this paragraph available to the public, the Director of the Office of Public In- tegrity shall redact such information as the Di- rector of the Office of Public Integrity, in con- sultation with the Secretary of the Treasury de-

termines appropriate. ‘‘(2) CANDIDATES.—

‘‘(A) IN GENERAL.—Not later than 15 days after the date on which a covered can- didate 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 re- cent taxable years and every year the indi- vidual was in Federal elected office for which a return has been filed with the In- ternal Revenue Service; and

HEN20B91 32X

S.L.C.

1 2 3 4 5 6 7 8 9

335
‘‘(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 in- come tax return is not disclosed under subpara- graph (A) the Federal Election Commission shall submit to the Secretary of the Treasury a request that the Secretary of the Treasury pro- vide 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 INFORMA- TION.—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

HEN20B91 32X

S.L.C.

336
of the Treasury and the Director of the Office

1 2 3

4 DENTS.—Not later than 30 days after the date of
5 enactment of this section, the President shall submit
6 to the Director of the Office of Public Integrity a
7 copy of the income tax returns described in para-
8 graph (1)(A)(i).’’; and
9 (2) in section 104—
10 (A) in subsection (a)—
11 (i) in paragraph (1), in the first sen-
12 tence, by inserting ‘‘, 102B, or 102C, or
13 any individual who knowingly and willfully
14 falsifies or who knowingly and willfully
15 fails to file an income tax return that such
16 individual is required to disclose pursuant
17 to section 102A, 102B, or 102C’’ before
18 the period; and
19 (ii) in paragraph (2)(A)—
20 (I) in clause (i), by inserting
21 ‘‘102B, or 102C, or falsify any income
22 tax return that such person is re-
23 quired to disclose under section 102A,
24 102B, or 102C’’ before the semicolon;
25 and

of Public Integrity, determines appropriate. ‘‘(3) SPECIAL RULE FOR SITTING PRESI-

HEN20B91 32X

S.L.C.

337
(II) in clause (ii), by inserting

‘‘102B, or 102C, or fail to file any in- come tax return that such person is required to disclosed under section 102A, 102B, or 102C’’ before the pe- riod;

1 2 3 4 5 6 7 8 9

10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25 (b) AUTHORITY TO DISCLOSE INFORMATION.—

(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 fail- ing to file or falsifying an income tax return re- quired to be disclosed under section 102A, 102B, or 102C’’ before the period; and

(D) in subsection (d)(1)—
(i) in the matter preceding subpara-

graph (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’’.

HEN20B91 32X

S.L.C.

1 2 3 4 5 6 7 8 9

338
(1) IN GENERAL.—Section 6103(l) of the Inter-

nal 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 PRESI- DENTS, VICE PRESIDENTS, AND MEMBERS OF CONGRESS.—

‘‘(i) IN GENERAL.—The Secretary shall, upon written request from the Direc- tor of the Office of Public Integrity pursu- ant to section 102A(b)(1)(B) of the Ethics in Government Act of 1978, provide to of- ficers and employees of the Office of Public Integrity a copy of any income tax return of any President, Vice President, or Mem- ber 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

HEN20B91 32X

S.L.C.

1 2 3 4 5 6 7 8 9

339
of Public Integrity pursuant to section

102A(b)(1) of the Ethics in Government Act of 1978.
‘‘(B) DISCLOSURE OF RETURNS OF CER-

CANDIDATES FOR PRESIDENT, VICE

TAIN
PRESIDENT, AND MEMBERS OF CONGRESS.—

‘‘(i) IN GENERAL.—The Secretary shall, upon written request from the Chair- man 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 applica- ble 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 sec- tion 102A(b)(2) of the Ethics in Govern- ment Act.

HEN20B91 32X

S.L.C.

1 2 3 4 5 6 7 8 9

340
‘‘(iii) APPLICABLE RETURNS.—For

purposes of this paragraph, the term ‘ap- plicable 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 re- turn 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 nomi- nation.’’.

21 6103(p)(4) of such Code, in the matter preceding
22 subparagraph (A) and in subparagraph (F)(ii), is
23 amended by striking ‘‘or (22)’’ and inserting ‘‘(22),
24 or (23)’’ each place it appears.

(2) CONFORMING AMENDMENTS.—Section

HEN20B91 32X

S.L.C.

1 2 3 4 5 6 7 8 9

341

SEC. 603. TRANSPARENCY RELATING TO CANDIDATES FOR FEDERAL OFFICE AND MEMBERS OF CON-

GRESS.

(a) IN GENERAL.—Title I of the Ethics in Govern- ment 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 re-

spect 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 indi-

vidual;

‘‘(2) the term ‘covered candidate’ has the mean- ing given the term in section 102A(a);

‘‘(3) the term ‘covered entity’ means a corpora- tion, 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 Rev- enue Code of 1986;

HEN20B91 32X

S.L.C.

342
‘‘(5) the term ‘income tax return’ has the

1
2 meaning given the term in section 102A(a);

3 4 5 6 7 8 9

10
11
12
13 ‘‘(b) 14

‘‘(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. DISCLOSURE.—

‘‘(1) MEMBERS OF CONGRESS.—
‘‘(A) IN GENERAL.—On and after the date

that is 180 days after the date on which the Di- rector of the Office of Public Integrity, in con- sultation with the Federal Election Commission, promulgates regulations under paragraph (3), in addition to the information described in sub- sections (a) and (b) of section 102, a Member of Congress shall include in each report re- quired 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

HEN20B91 32X

S.L.C.

1 2 3 4 5 6 7 8 9

343
elected office for which an income tax return

has been filed with the Internal Revenue Serv- ice 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 es- tablished 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;

HEN20B91 32X

S.L.C.

1 2 3 4 5 6 7 8 9

344
‘‘(II) all—

‘‘(aa) income from sources within the United States, as de- scribed in section 861 of the In- ternal Revenue Code of 1986; and

‘‘(bb) income from sources without the United States, as de- scribed in section 862 of the In- ternal 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 addi- tion to the information described in subpara- graph (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

HEN20B91 32X

S.L.C.

1 2 3 4 5 6 7 8 9

345
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 in-

come tax return is not disclosed under subpara- graph (A)(ii), the Director of the Office of Pub- lic 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 informa- tion, including any income tax return, described in this subsection required to be included in a report under this title shall be filed with the Di- rector of the Office of Public Integrity and made publicly available in the same manner as

HEN20B91 32X

S.L.C.

1 2 3 4 5 6 7 8 9

346
the information described in subsections (a) and

(b) of section 102.
‘‘(E) REDACTION OF CERTAIN INFORMA-

TION.—
‘‘(i) IN GENERAL.—Before making

any information, including any income tax return, described in this paragraph re- quired to be included in a report under this title available to the public, the Direc- tor 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 com- petitive 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 Di- rector of the Office of Public Integ- rity, in consultation with the Sec- retary of the Treasury, determines ap- propriate.

HEN20B91 32X

S.L.C.

1 2 3 4 5 6 7 8 9

347
‘‘(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 se- cret 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 Di- rector of the Office of Public Integrity, in con- sultation 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—

HEN20B91 32X

S.L.C.

1 2 3 4 5 6 7 8 9

348
‘‘(I) in which the covered can-

didate has a significant direct or indi- rect ownership interest; and

‘‘(II) that has gross receipts that meet or exceed the threshold value es- tablished 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 de- scribed in section 861 of the In-

HEN20B91 32X

S.L.C.

1 2 3 4 5 6 7 8 9

349
ternal Revenue Code of 1986;

and
‘‘(bb) income from sources

without the United States, as de- scribed in section 862 of the In- ternal 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 de- scribed 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 can- didate for the office of Member of Con-

HEN20B91 32X

S.L.C.

1 2 3 4 5 6 7 8 9

350
gress, the 2 years preceding the date on

which the report is filed.

‘‘(C) CLOSE FAMILY MEMBERS.—In addi- tion to the information described in subpara- graph (A), the Federal Election Commission may, on a case-by-case basis and in accordance with the regulations promulgated under para- graph (3), require that a covered candidate in- clude in each report required to be filed under section 101(c) by the covered candidate the in- formation described in subparagraph (A) with respect to any covered entity—

‘‘(i) in which a close family member of the covered candidate has a significant di- rect 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 in-

come tax return is not disclosed under subpara- graph (A)(ii), the Chairman of the Federal Election Commission shall submit to the Sec- retary of the Treasury a request that the Sec- retary of the Treasury provide the Federal

HEN20B91 32X

S.L.C.

1 2 3 4 5 6 7 8 9

351
Election Commission with a copy of the income

tax return.
‘‘(E) PUBLICLY AVAILABLE.—All informa-

tion, 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 in- formation described in subsections (a) and (b) of section 102.

‘‘(F) REDACTION OF CERTAIN INFORMA- TION.—

‘‘(i) IN GENERAL.—Before making any information, including any income tax return, described in this paragraph re- quired to be included in a report under section 101(c) available to the public, the Federal Election Commission shall re- dact—

HEN20B91 32X

S.L.C.

1 2 3 4 5 6 7 8 9

352
the report pertains, the information

relating to the trade secret; and
‘‘(II) such information as the Federal Election Commission, in con- sultation with the Secretary of the

Treasury, determines appropriate.

‘‘(ii) REQUEST FOR REDACTION.—A covered candidate submitting a report under section 101(c) that contains infor- mation, 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 Commis- sion redact the information relating to the trade secret.

17 after the date of enactment of this section, the Di-
18 rector of the Office of Public Integrity shall, in con-
19 sultation with the Federal Elections Commission,
20 promulgate regulations to—

‘‘(3) REGULATIONS.—Not later than 120 days

21 ‘‘(A) establish each threshold value for
22 purposes of—
23 ‘‘(i) subparagraphs (A)(i)(II) and
24 (B)(ii) of paragraph (1); and

HEN20B91 32X

S.L.C.

1 2 3 4 5 6 7 8 9

353
‘‘(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 indi- vidual 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 ORGANI- ZATIONS ASSOCIATED WITH COVERED CAN-

DIDATES.

‘‘(a) DEFINITIONS.—In this section—
‘‘(1) the term ‘covered candidate’ has the mean-

ing given the term in section 102A(a);

HEN20B91 32X

S.L.C.

1 2 3 4 5 6 7 8 9

354
‘‘(2) the term ‘covered organization’ means an

organization required to—
‘‘(A) file an income tax return under sec-

tion 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

‘‘(b)

‘‘(4) the term ‘key employee’ means—
‘‘(A) an individual who is 1 of the 5 indi- viduals receiving the highest amount of com-

pensation paid by a covered organization; or ‘‘(B) an individual receiving compensation paid by a covered organization in an amount

that exceeds $100,000.
DISCLOSURE.—
‘‘(1) IN GENERAL.—Not later than 15 days

after the date on which a covered candidate is nomi- nated, 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 mem-

HEN20B91 32X

S.L.C.

1 2 3 4 5 6 7 8 9

355
ber, or key employee during the 2 years pre-

ceding the date on which the report is filed; and ‘‘(B) for each covered organization identi- fied under subparagraph (A), a copy of each in- come tax return required to be filed by the cov- ered organization under section 6033 of the In- ternal Revenue Code of 1986 for each taxable year ending with or within any taxable years described in subparagraph (A) in which the cov- ered candidate was an officer, director, trustee, board member, or key employee of the covered

10 11 12 13

14 return is not disclosed under paragraph (1)(B), the
15 Federal Election Commission shall submit to the
16 Secretary of the Treasury a request that the Sec-
17 retary of the Treasury provide the Federal Election
18 Commission with the income tax return.

organization.
‘‘(2) FAILURE TO DISCLOSE.—If an income tax

19 ‘‘(3) PUBLICLY AVAILABLE.—
20 ‘‘(A) IN GENERAL.—All information, in-
21 cluding any income tax return, described in this
22 subsection required to be included in a report
23 under section 101(c) shall be filed with the
24 Federal Election Commission and made publicly

HEN20B91 32X

S.L.C.

1 2 3 4 5 6 7 8 9

356
available in the same manner as the informa-

tion described in section 102(b).
‘‘(B) INCOME TAX RETURNS.—The Direc-

tor 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—

‘‘(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 can- didate.

‘‘(i) the date on which the reporting individual ceases to be a covered candidate; or

20 tion, including any income tax return, described in
21 this subsection required to be included in a report
22 under section 101(c) available to the public, the
23 Federal Election Commission shall redact such infor-
24 mation as the Federal Election Commission, in con-
25 sultation with the Secretary of the Treasury and the

‘‘(4) REDACTION.—Before making any informa-

HEN20B91 32X

S.L.C.

1 2 3 4 5 6 7 8 9

357
Director of the Office of Public Integrity, determines

appropriate.’’.

(b) AUTHORITY TO DISCLOSE INFORMATION.—Para- graph (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 COV- ERED ENTITIES ASSOCIATED WITH MEMBERS OF CONGRESS AND COVERED CANDIDATES.—

‘‘(i) IN GENERAL.—
‘‘(I) COVERED ENTITIES ASSOCI-

ATED WITH MEMBERS OF CON- GRESS.—The Secretary shall, upon written request from the Director of the Office of Public Integrity pursu- ant 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 de- scribed in section 102B(b)(1)(A) of such Act and is required to be filed under section 102B(b) of such Act.

HEN20B91 32X

S.L.C.

1 2 3 4 5 6 7 8 9

358
‘‘(II) COVERED ENTITIES ASSOCI-

ATED WITH COVERED CANDIDATES.— The Secretary shall, upon written re- quest from the Chairman of the Fed- eral 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 in- come 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 sec- tion 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 pur- suant to section 102B(b) of the Ethics in Government Act of 1978.

HEN20B91 32X

S.L.C.

1 2 3 4 5 6 7 8 9

359
‘‘(D) DISCLOSURE OF RETURNS OF COV-

ERED ORGANIZATIONS ASSOCIATED WITH COV- ERED CANDIDATES.—

‘‘(i) IN GENERAL.—The Secretary shall, upon written request from the Chair- man of the Federal Election Commission pursuant to section 102C(b)(2) of the Eth- ics in Government Act of 1978, provide to officers and employees of the Federal Elec- tion Commission copies of any income tax return required to be filed under section 6033 by an organization described in clause (iii) for any year taxable year end- ing 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 or- ganization 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 organiza-

HEN20B91 32X

S.L.C.

1 2 3 4 5 6 7 8 9

360
tion (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.’’.

10 (c) PROVISION OF FINANCIAL DISCLOSURES TO THE
11 FEDERAL ELECTION COMMISSION.—Section 103(j) of the
12 Ethics in Government Act of 1978 (5 U.S.C. App.) is
13 amended—
14 (1) in paragraph (1), by adding at the end the
15 following: ‘‘In the case of a report filed under this
16 title with the Clerk of the House of Representatives
17 by a covered candidate, as defined in section
18 102A(a), a copy of the report shall also be sent by
19 the Clerk to the Federal Election Commission within
20 the 7-day period beginning on the day the report is
21 filed.’’; and
22 (2) in paragraph (2), by adding at the end the
23 following: ‘‘In the case of a report filed under this
24 title with the Secretary of the Senate by a covered
25 candidate, as defined in section 102A(a), a copy of

HEN20B91 32X

S.L.C.

1 2 3 4 5 6 7 8 9

361
the report shall also be sent by the Secretary to the

Federal Election Commission within the 7-day pe-

riod 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 subpara-

graph (B), after the end of each semiannual pe- riod beginning on January 1 and July 1, the Attorney General, in consultation with the Di- rector 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 enforce- ment actions taken by the Department of Justice under this Act; and

HEN20B91 32X

S.L.C.

1 2 3 4 5 6 7 8 9

362
‘‘(ii) by case, any sentence or fine im-

posed in each such enforcement action.

‘‘(B) INFORMATION NOT ALREADY A MAT- TER OF PUBLIC RECORD.—A report submitted under subparagraph (A) may not include the name of any individual, or any personally iden- tifiable information, that is not already a mat- ter of public record, as of the date on which the report is submitted.’’; and
(2) in paragraph (2)—

(A) by striking ‘‘paragraph (1)’’ and in- serting ‘‘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 AD- VOCACY 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:

HEN20B91 32X

S.L.C.

1 2 3 4 5 6 7 8 9

363

‘‘SEC. 6. REPORTS BY THINK TANK, NONPROFIT, AND ADVO- CACY 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 com- munication 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 be- half of, a covered organization;

‘‘(B) testimony—
‘‘(i) given by, or on behalf of, a cov-

ered organization before a committee, sub- committee, 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

HEN20B91 32X

S.L.C.

1 2 3 4 5 6 7 8 9

364
such committee, subcommittee, or task

force; or

‘‘(C) made by, or on behalf of, a covered organization in response to a notice in the Fed- eral Register, Commerce Business Daily, or other similar publication soliciting communica- tions 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 giv- ing the covered product; and

‘‘(B) donated with the intention of sup- porting any lobbying activity by the covered or- ganization; and

HEN20B91 32X

S.L.C.

1 2 3 4 5 6 7 8 9

365
‘‘(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 organiza- tion previewed, commented on, reviewed, or edited the covered product.

‘‘(c) DISCLOSURE.—The information required to be submitted with respect to a covered product under sub- section (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 para- graph (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 AN- NUAL RETURNS OF CHARITABLE ORGANIZATIONS.—Sec- tion 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 con-

HEN20B91 32X

S.L.C.

1 2 3 4 5 6 7 8 9

366
tribution was intended to support any lobbying activ-

ity (as so defined) or lobbying contact (as defined in such section) by or on behalf of it, and, if so, a de- scription of such lobbying activity or lobbying con- tact’’ 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 Infor- mation 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 pe- riod at the end the following: ‘‘, to order an agency to make available for public inspection, including by posting

HEN20B91 32X

S.L.C.

1 2 3 4 5 6 7 8 9

367
electronically, the records described in

paragraph (2), to make available to the public on the website of the agen- cy 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 in- spection, including by posting elec- tronically, the records described in paragraph (2), or orders an agency to make available to the public on the website of the agency the records de- scribed in subsection (p),’’ after ‘‘im- properly withheld from the complain- ant’’; and

(II) by inserting ‘‘or unavail- ability of records’’ after ‘‘the with- holding’’ each place that term ap- pears; and

(B) in paragraph (6), by adding at the end the following:

HEN20B91 32X

S.L.C.

368
‘‘(G)(i) Notwithstanding any determination

2 made under subparagraph (A)(i), or any appeal to
3 such a determination under subparagraph (A)(ii),
4 the Office of Government Information Services es-
5 tablished under subsection (h) shall require an agen-
6 cy to comply with a request for records made under
7 paragraph (1), (2), or (3), or any other requirement
8 of this subsection, if the Office determines that the
9 agency has not reasonably and impartially complied
10 with the requirements of this subsection.
11 ‘‘(ii) If the Office makes a determination under
12 clause (i) that an agency has not reasonably or im-
13 partially complied with a request for records made
14 under paragraph (1), (2), or (3), or any other re-
15 quirement of this subsection, and requires the agen-
16 cy to comply with that request or requirement, the
17 Office shall make available to the public on the
18 website of the Office that determination and any re-
19 sponse and regular update by the agency of compli-
20 ance by the agency.
21 ‘‘(iii) Nothing in clause (i) or (ii) shall be con-
22 strued to prevent or restrict the ability of an indi-
23 vidual to bring a suit to compel the disclosure of
24 records under this section.’’;

HEN20B91 32X

S.L.C.

1 2 3 4 5 6 7 8 9

369
(2) in subsection (d), by inserting ‘‘any Member

of’’ before ‘‘Congress’’;
(3) in subsection (h)(3)—

(A) by inserting ‘‘(A)’’ before ‘‘The Of- fice’’; and

(B) by adding at the end the following: ‘‘(B) The Director of the Office of Public Integ- rity, or a designee of the Director, may submit a non-binding recommendation to the Office of Gov- ernment Information Services regarding the disclo- sure of information under this section during a me- diation 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 de- scribed 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 sec- tion; and

‘‘(2) makes each request for records under this section with which the agency complies available in a format that is searchable, sortable, machine read-

HEN20B91 32X

S.L.C.

370

1 able, and downloadable not later than 60 days after
2 the date on which the request is first received by the
3 agency.’’.
4 SEC. 622. EXEMPTIONS FROM DISCLOSURE.
5 (a) IN GENERAL.—Section 552(b) of title 5, United
6 States Code, is amended—
7 (1) in paragraph (3)(B), by inserting ‘‘with an
8 explanation for the exemption’’ after ‘‘specifically
9 cites to this paragraph’’;
10 (2) in paragraph (4), by inserting before the
11 semicolon at the end the following: ‘‘, only if disclo-
12 sure of the commercial or financial information is
13 likely to cause substantial harm to the competitive
14 position of the person from whom the information
15 was obtained’’;
16 (3) in paragraph (5)—
17 (A) by striking ‘‘provided that the delibera-
18 tive process privilege shall not apply to records
19 created 25 years or more before the date on
20 which the records were requested’’ and insert-
21 ing ‘‘and excluding—
22 ‘‘(A) any opinion that is a controlling interpre-
23 tation of law;
24 ‘‘(B) any final report or memorandum created
25 by an entity other than the agency, including other

HEN20B91 32X

S.L.C.

1 2 3 4 5 6 7 8 9

371
Governmental entities, at the request of the agency

and used to make a final policy decision;
‘‘(C) any guidance document used by the agen-

cy to respond to the public; and
‘‘(D) any record created not less than 25 years

before the date on which the records were re- quested’’;

(4) in paragraph (6), by striking ‘‘similar files’’ and inserting ‘‘personal information, such as per- sonal contact information or personal financial infor- mation,’’;

(5) in paragraph (7)—
(A) in subparagraph (E)—

(i) by inserting a comma before ‘‘if such’’; and

(ii) by inserting ‘‘and the record or in- formation 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 para-

graph (8); and

HEN20B91 32X

S.L.C.

1 2 3 4 5 6 7 8 9

372
(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 sub- section 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 fea- sible,’’ 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

HEN20B91 32X

S.L.C.

1 2 3 4 5 6 7 8 9

373
(B) by striking ‘‘excising’’ and all that fol-

lows through ‘‘any portion’’ and inserting ‘‘ex- cising any portion’’.
(3) SECURITIES EXCHANGE ACT OF 1934.—Sec-

tion 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

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 in- serting ‘‘Subject to subsection (o), this section’’; and

(2) by adding at the end the following:
‘‘(o)(1) Notwithstanding the applicability of an ex- emption 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 out-

weighs the interest protected by the exemption.

HEN20B91 32X

S.L.C.

1 2 3 4 5 6 7 8 9

374
‘‘(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 offi- cial;

‘‘(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 fol- lowing:

‘‘(p)(1) Each agency shall make available to the pub- lic on the website of the agency—

HEN20B91 32X

S.L.C.

1 2 3 4 5 6 7 8 9

375
‘‘(A) information relating to each advisory com-

mittee (as defined in section 3 of the Federal Advi- sory 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 advi- sory committee;

‘‘(ii) the name and basic biography of each member of the advisory committee, and any conflict of interest, ethics waiver, or recusal in- formation relating to each member;

‘‘(iii) the meeting agendas, minutes, tran- scripts, and any recordings of the advisory com- mittee;

‘‘(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 de-

livery order;

HEN20B91 32X

S.L.C.

1 2 3 4 5 6 7 8 9

376
‘‘(ii) information on past performance of

contractors, if available; and
‘‘(iii) except for information that is exempt

from disclosure under subsection (b)(4), all cor- respondence and documents related to the pro- vision of services to the Federal Government by contractors earning—

‘‘(I) $10,000,000 during a 1-year pe- riod 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

10
11
12
13
14 of Public Integrity, including—

‘‘(i) final submissions of ethics paperwork

16 for an individual in a position on any level of
17 the Executive Schedule under subchapter II of
18 chapter 53 of this title;
19 ‘‘(ii) waivers; and
20 ‘‘(iii) any document granting a recusal on
21 a specific issue for an individual in a position
22 on any level of the Executive Schedule under
23 subchapter II of chapter 53 of this title;
24 ‘‘(D) basic employee organizational charts and
25 office contact information, including—

HEN20B91 32X

S.L.C.

1 2 3 4 5 6 7 8 9

377
‘‘(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 con- gressional hearing records, provided that the re- sponse 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, depar- tures, and involuntary transfers.

‘‘(2) If an agency is unable to maintain a website de- scribed in paragraph (1) due to resource constraints, the

HEN20B91 32X

S.L.C.

1 2 3 4 5 6 7 8 9

378
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 avail- able on a website managed by the Office of Public Integ- rity, such as the website described in subsection (m).’’. SEC. 625. APPLICABILITY.

This subtitle and the amendments made by this sub- title 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 CONTRAC-

TORS.

(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, pro- duced 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

HEN20B91 32X

S.L.C.

1 2 3 4 5 6 7 8 9

379
the possession of the Federal contractor or an agen-

cy; 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 not withhold information that would otherwise be re-

may
quired to be disclosed under subsection (b) unless—

(1) the agency, based on the independent as- sessment of the agency, reasonably foresees that dis- closure of the information would cause specific iden- tifiable harm to an interest protected by an exemp- tion 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 CONTRAC-

TORS.—
(A) IN GENERAL.—Compliance with this

section by an applicable entity shall be included

HEN20B91 32X

S.L.C.

1 2 3 4 5 6 7 8 9

380
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 de- scribed 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 sec- tion 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

HEN20B91 32X

S.L.C.

1 2 3 4 5 6 7 8 9

381
of Public Integrity and the Administrator of the Office

of Federal Procurement Policy—
(1) any audited financial statements of the cov-

ered 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 spend- ing 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

(1) in consultation with the Administrator of the Office of Federal Procurement Policy and the Director of the Office of Public Integrity, tempo- rarily or indefinitely disqualify a covered contractor from receiving a Federal contract if the Director of the Office of Management and Budget determines

HEN20B91 32X

S.L.C.

1 2 3 4 5 6 7 8 9

382
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 con- tract.

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 Rep- resentatives;

(B) a committee of the Senate; and

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 Mi- nority Member of the Committee agree to waive the 7-

HEN20B91 32X

S.L.C.

1 2 3 4 5 6 7 8 9

383
day requirement), each Committee shall make available on

the website of the Committee the schedule of covered hear- ings 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 Rank- ing 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 hear- ing or covered markup;

(3) the written testimony of any witness;

(4) any documents or materials entered into the record;

HEN20B91 32X

S.L.C.

1 2 3 4 5 6 7 8 9

384
(5) any written opening statements of the

Chairman or Ranking Minority Member of the Com- mittee; 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 Com- mittee shall make available on the website of the Com- mittee transcripts of the covered hearing or covered mark- up.

(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 con- forming 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 pro- posing to repeal or amend a statute or part thereof, the Committee shall include in its report or in an ac-

HEN20B91 32X

S.L.C.

385

1 companying document and make available on the
2 website of the Committee—
3 (A) the entire text of each section of a
4 statute that is proposed to be repealed or
5 amended; and
6 (B) a comparative print of each amend-
7 ment to a section of a statute that the bill or
8 joint resolution proposes to make, showing by
9 appropriate typographical devices the omissions
10 and insertions proposed.
11 (2) COMMITTEE AMENDMENTS.—If a Com-
12 mittee reports a bill or joint resolution proposing to
13 repeal or amend a statute or part thereof with a rec-
14 ommendation that the bill or joint resolution be
15 amended, the comparative print required by para-
16 graph (1) shall reflect the changes in existing law
17 proposed to be made by the bill or joint resolution
18 as proposed to be amended.
19 (3) AVAILABILITY.—Each Committee shall
20 make reasonable efforts to make a comparative print
21 required by paragraph (1) available to the members
22 of the Committee and to the public as early as prac-
23 ticable, and before a covered markup, if practical.
24 (h) QUESTIONS FOR THE RECORD.—

HEN20B91 32X

S.L.C.

386
(1) IN GENERAL.—Except as provided in para-

2 graph (2), for each covered hearing or covered mark-
3 up, a Committee shall make available on the website
4 of the Committee any response to questions for the
5 record of the covered hearing or covered markup
6 that the Committee receives from a testifying wit-
7 ness.
8 (2) PROTECTION OF CERTAIN INFORMATION.—
9 Upon agreement by the Chairman and Ranking Mi-
10 nority Member of a Committee, a response described
11 in paragraph (1) may be withheld from the website
12 of the Committee if it includes individual casework
13 or constituent information or information that the
14 Chairman and Ranking Minority Member determine
15 is confidential information.
16 SEC. 642. INCREASED TRANSPARENCY OF RECORDED
17 VOTES.
18 (a) DEFINITION.—In this section, the term ‘‘Member
19 of Congress’’ means a member of the House of Represent-
20 atives and a member of the Senate.
21 (b) ADDITIONAL DUTIES OF THE CLERK OF THE
22 HOUSE OF REPRESENTATIVES AND THE SECRETARY OF
23 THE SENATE.—The Clerk of the House of Representatives
24 and the Secretary of the Senate shall make available on
25 the website of the Office of the Clerk or of the Secretary,

HEN20B91 32X

S.L.C.

387

1 respectively, a record of the recorded votes of each Mem-
2 ber of Congress who is a member of their House of Con-
3 gress, organized by the name of the Member of Congress,
4 in a structured data format, which shall include the roll,
5 date, issue, question, result, and title or description of the
6 vote.
7 (c) WEB LINK.—Each Member of Congress shall pro-
8 vide a link on the website of the Member of Congress to
9 the record of recorded votes of the Member of Congress
10 made available by the Clerk of the House of Representa-
11 tives or the Secretary of the Senate, as applicable.
12 (d) EFFECTIVE DATE.—This section shall apply to
13 recorded votes by Members of Congress occurring after
14 the date of enactment of this Act.
15 SEC. 643. INCREASED TRANSPARENCY OF APPROPRIA-
16 TIONS BILLS.
17 (a) INCLUSION.—The Clerk of the House of Rep-
18 resentatives and the Secretary of the Senate shall ensure
19 that each report accompanying any appropriations bill re-
20 ported by the Committees on Appropriations of the House
21 of Representatives or the Committee on Appropriations of
22 the Senate, respectively, includes a formatted spreadsheet
23 showing the amounts made available by the bill, in a tab-
24 ular, digital format that shows separate entries for each
25 fiscal year covered by the bill.

HEN20B91 32X

S.L.C.

1 2 3 4 5 6 7 8 9

388
(b) EFFECTIVE DATE.—Subsection (a) shall apply

with respect to any appropriations bill making funds avail- able 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 REG-

ISTERED LOBBYISTS AND GOVERNMENT

CONTRACTORS
SEC. 701. REQUIREMENTS RELATING TO REGISTERED LOB-

BYISTS.

(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 FUND- RAISING BY REGISTERED LOBBYISTS.—It shall be unlaw- ful 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 of- fice, member of Congress, authorized committee of a

HEN20B91 32X

S.L.C.

1 2 3 4 5 6 7 8 9

389
candidate, leadership PAC, or political party com-

mittee.

‘‘(b) PROHIBITION OF SOLICITING FUNDS FROM LOBBYISTS.—It shall be unlawful for any candidate for Federal office, member of Congress, an agent of such can- didate or member of Congress, or an entity directly or in- directly established, financed, maintained, or controlled by or acting on behalf of 1 or more such candidates or mem- bers of Congress to directly solicit funds from any reg- istered lobbyist in connection with any election for Federal office.

‘‘(c) DEFINITIONS.—For purposes of this section: ‘‘(1) REGISTERED LOBBYIST.—The term ‘reg- istered lobbyist’ means a lobbyist, as defined in sec- tion 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 ac-

tivity on behalf of a candidate or from making com-

HEN20B91 32X

S.L.C.

1 2 3 4 5 6 7 8 9

390
munications which provide information about the

candidate but which do not include the solicitation of contributions or other fundraising activity in sup- port of the candidate;

‘‘(2) any registered lobbyist from making an independent expenditure or fundraising for an inde- pendent 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 estab- lished, financed, maintained, or controlled by or act- ing on behalf of 1 or more such candidates or mem- bers of Congress from including registered lobbyists in any mass communication, including a mass com- munication that solicits a contribution.’’.
(b) DEFINITIONS.—Section 301 of the Federal Elec-

tion 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 Fed- eral office, member of Congress, authorized

HEN20B91 32X

S.L.C.

1 2 3 4 5 6 7 8 9

391
committee of a candidate, leadership PAC, or

political party committee;
‘‘(B) transmitting or delivering a contribu-

tion to any candidate for Federal office, mem- ber of Congress, authorized committee of a can- didate, leadership PAC, or political party com- mittee 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 solic- iting, 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 di-

19 rectly or indirectly ask, request, or recommend, ex-
20 plicitly or implicitly, that another person make a
21 contribution, donation, transfer of funds, or other-
22 wise provide anything of value.’’.

HEN20B91 32X

S.L.C.

1 2 3 4 5 6 7 8 9

392

SEC. 702. DISCLOSURE OF POLITICAL SPENDING BY GOV- ERNMENT CONTRACTORS.

Section 735 of division D of the Consolidated Appro- priations 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 Pub- lic Law 116–6) is hereby repealed.
SEC. 704. REPEAL OF REVENUE PROCEDURE THAT ELIMI-

NATED REQUIREMENT TO REPORT INFORMA- TION REGARDING CONTRIBUTORS TO CER- TAIN 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 cor- poration to fundraise (as defined in section 301) for any candidate for Federal office or member of Congress’’.

HEN20B91 32X

S.L.C.

1 2 3 4 5 6 7 8 9

393

SEC. 712. BANNING CONTRIBUTIONS TO MEMBERS OF CON- GRESS 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 sec- tion:

‘‘SEC. 327. PROHIBITING CAMPAIGN CONTRIBUTIONS TO MEMBERS OF CONGRESS BY PERSONS WITH FINANCIAL INTERESTS IN CATEGORIES OF BUSINESS UNDER JURISDICTION OF COMMIT-

TEES ON WHICH MEMBERS SERVE.

‘‘(a) PROHIBITING CONTRIBUTIONS AND SOLICITA- TION 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 cer- tifies 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

HEN20B91 32X

S.L.C.

394

1 such Code any member of which is a corporation
2 which has a financial interest in a category of busi-
3 ness which is under the jurisdiction of a committee
4 of Congress on which the member serves.
5 ‘‘(2) SOLICITATION OF CONTRIBUTIONS.—A
6 member of Congress may not solicit from a person
7 any contribution, including a contribution to an au-
8 thorized committee of the member, a leadership PAC
9 of the member, a political committee of a political
10 party, or any other political committee, if the mem-
11 ber knows or reasonably should know that the per-
12 son has a financial interest in a category of business
13 which is under the jurisdiction of a committee of
14 Congress on which the member serves.
15 ‘‘(3) SOLICITATION OF DONATIONS TO CERTAIN
16 FOUNDATIONS AND OTHER NONPROFIT ORGANIZA-
17 TIONS.—
18 ‘‘(A) SOLICITATIONS PROHIBITED.—A
19 member of Congress may not solicit from a per-
20 son any donation to a foundation or other non-
21 profit organization whose governing board in-
22 cludes the member or an immediate family
23 member of the member if the member knows or
24 reasonably should know that the person has a
25 financial interest in a category of business

HEN20B91 32X

S.L.C.

1 2 3 4 5 6 7 8 9

395
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 mem-

ber’ 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 BUSI- NESSES UNDER COMMITTEE JURISDICTION.—For purposes of this subsection, the determination as to whether a category of business is under the jurisdic- tion 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 Represent- atives or the Select Committee on Ethics of the Sen- ate 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

HEN20B91 32X

S.L.C.

396

1 of subsection (a), a person is affiliated with a corporation
2 (other than a nonprofit corporation) or membership orga-
3 nization if the person is any of the following:
4 ‘‘(1) A separate segregated fund established by
5 the membership organization under section 316.
6 ‘‘(2) An individual who is a treasurer, agent, or
7 other officer of a separate segregated fund estab-
8 lished by a membership organization under section
9 316.
10 ‘‘(3) An individual who is general partner, man-
11 aging member, or executive officer, or other indi-
12 vidual with a similar status or function of the cor-
13 poration or membership organization for purposes of
14 section 316, or who would be treated as a general
15 partner, managing member, or executive officer, or
16 other individual with a similar status of the corpora-
17 tion or membership organization for purposes of sec-
18 tion 316 if the corporation or membership organiza-
19 tion established a separate segregated fund or solic-
20 ited contributions under such section.
21 ‘‘(4) An individual who owns or controls 5 per-
22 cent or more of the voting shares of the corporation,
23 except that this paragraph does not apply with re-
24 spect to a corporation whose annual revenues were
25 less than $5,000,000 during any of the 3 most re-

HEN20B91 32X

S.L.C.

1
2
3
4 with 5

6 7 8 9

397
cent fiscal years ending before the date on which the

individual makes the contribution.
‘‘(c) EXCEPTIONS.—Subsection (a) does not apply 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 author- ized committee of such a candidate, or a leadership PAC of such a candidate which is made by an indi- vidual 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 com- mittee by an individual whose identification the po- litical 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.

HEN20B91 32X

S.L.C.

398
‘‘(4) A contribution made to a political com-

2 mittee by a separate segregated fund established by
3 a labor organization under section 316.
4 ‘‘(d) OTHER DEFINITIONS.—In this section—
5 ‘‘(1) the term ‘leadership PAC’ means, with re-
6 spect to a candidate or a Member of Congress, a po-
7 litical committee that is directly or indirectly estab-
8 lished, financed, maintained or controlled by the
9 candidate or the member but which is not an au-
10 thorized committee of the candidate or the member
11 and which is not affiliated with an authorized com-
12 mittee of the candidate or the member, except that
13 such term does not include a political committee of
14 a political party; and
15 ‘‘(2) the term ‘member of Congress’ means a
16 Senator or Representative in, or Delegate or Resi-
17 dent Commissioner to, the Congress.’’.
18 (2) EFFECTIVE DATE.—The amendments made
19 by this subsection shall apply with respect to con-
20 tributions and donations made or solicited after the
21 expiration of the 120-day period which begins on the
22 date the Committee on Ethics of the House of Rep-
23 resentatives and the Select Committee on Ethics of
24 the Senate file the first reports required under sub-
25 section (b).

HEN20B91 32X

S.L.C.

399

1 (b) REPORTS BY CONGRESSIONAL ETHICS COMMIT-
2 TEES ON CATEGORIES OF BUSINESSES UNDER JURISDIC-
3 TION OF COMMITTEES.—
4 (1) REPORTS; SUBMISSION TO FEDERAL ELEC-
5 TION COMMISSION.—During each Congress, the
6 Committee on Ethics of the House of Representa-
7 tives and the Select Committee on Ethics of the Sen-
8 ate shall prepare and submit to the Federal Election
9 Commission a report listing for each standing com-
10 mittee of the House or Senate (as the case may be)
11 the categories of businesses which are under the ju-
12 risdiction of such committee, in such form and in ac-
13 cordance with such criteria as the Committee on
14 Ethics of the House of Representatives and the Se-
15 lect Committee on Ethics of the Senate may each es-
16 tablish.
17 (2) OFFICE OF CONGRESSIONAL ETHICS REC-
18 OMMENDATIONS.—The Office of Congressional Eth-
19 ics shall annually make recommendations to the
20 Committee on Ethics of the House of Representa-
21 tives and the Select Committee on Ethics of the Sen-
22 ate regarding updates to each report under para-
23 graph (1).
24 (3) REPORT CONTENTS.—The Committee on
25 Ethics of the House of Representatives and the Se-

HEN20B91 32X

S.L.C.

400

1 lect Committee on Ethics of the Senate shall prepare
2 each report under paragraph (1) in consultation
3 with —
4 (A) the Parliamentarian of the Senate or
5 the Parliamentarian of the House, respectively,
6 to consider the assignment of legislation to each
7 committee as an indicator in preparation of the
8 report; and
9 (B) the Clerk of the Senate or Clerk of the
10 House, respectively, to consider the lobbying ac-
11 tivity of businesses in each business category as
12 an indicator in preparation of the report.
13 (4) TIMING.—The Committee on Ethics of the
14 House of Representatives and the Select Committee
15 on Ethics of the Senate shall each submit the first
16 report for a Congress under this section not later
17 than 90 days after the beginning of the Congress.
18 (5) UPDATES.—The Committee on Ethics of
19 the House of Representatives and the Select Com-
20 mittee on Ethics of the Senate shall each prepare
21 and submit to the Federal Election Commission up-
22 dates to reports required under this subsection on a
23 regular and ongoing basis.
24 SEC. 713. CORPORATE PAC BAN.
25 (a) LIMITATION.—

HEN20B91 32X

S.L.C.

1 2 3 4 5 6 7 8 9

401
(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 corpora- tion’’ 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 PER- SONNEL.—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 cor- poration’’;

HEN20B91 32X

S.L.C.

1 2 3 4 5 6 7 8 9

402
(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 ‘‘exec- utive or administrative personnel’’;
(3) in paragraph (4)(D)—

(A) by striking ‘‘stockholders and’’;

(B) by striking ‘‘such stockholders or per- sonnel’’ 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’’.

(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.—

HEN20B91 32X

S.L.C.

403
(1) EFFECTIVE DATE.—The amendments made

2 by this Act shall take effect on the date of the enact-
3 ment of this Act.
4 (2) TRANSITION FOR EXISTING FUNDS AND
5 COMMITTEES.—In the case of a separate segregate
6 fund established and operating under section
7 316(b)(2)(C) of the Federal Election Campaign Act
8 of 1971 (52 U.S.C. 30118(b)(2)(C)) as of the date
9 of the enactment of this Act which is not a fund of
10 a nonprofit corporation as defined in section
11 316(b)(8) of such Act (as added by subsection
12 (a)(2)), the fund shall terminate and disburse its en-
13 tire balance not later than 1 year after the date of
14 the enactment of this Act.
15 SEC. 714. DISCLOSURE OF CAMPAIGN-RELATED DISBURSE-
16 MENTS.
17 (a) DISCLOSURE REQUIREMENTS FOR CORPORA-
18 TIONS, LABOR ORGANIZATIONS, AND CERTAIN OTHER
19 ENTITIES.—
20 (1) IN GENERAL.—Section 324 of the Federal
21 Election Campaign Act of 1971 (52 U.S.C. 30126)
22 is amended to read as follows:
23 ‘‘SEC. 324. DISCLOSURE OF CAMPAIGN-RELATED DISBURSE-
24 MENTS BY COVERED ORGANIZATIONS.
25 ‘‘(a) DISCLOSURE STATEMENT.—

HEN20B91 32X

S.L.C.

404
‘‘(1) IN GENERAL.—Any covered organization

2 that makes campaign-related disbursements aggre-
3 gating more than $10,000 in an election reporting
4 cycle shall, not later than 24 hours after each disclo-
5 sure date, file a statement with the Commission
6 made under penalty of perjury that contains the in-
7 formation described in paragraph (2)—
8 ‘‘(A) in the case of the first statement filed
9 under this subsection, for the period beginning
10 on the first day of the election reporting cycle
11 (or, if earlier, the period beginning one year be-
12 fore the first such disclosure date) and ending
13 on the first such disclosure date; and
14 ‘‘(B) in the case of any subsequent state-
15 ment filed under this subsection, for the period
16 beginning on the previous disclosure date and
17 ending on such disclosure date.
18 ‘‘(2) INFORMATION DESCRIBED.—The informa-
19 tion described in this paragraph is as follows:
20 ‘‘(A) The name of the covered organization
21 and the principal place of business of such or-
22 ganization and, in the case of a covered organi-
23 zation that is a corporation (other than a busi-
24 ness concern that is an issuer of a class of secu-
25 rities registered under section 12 of the Securi-

HEN20B91 32X

S.L.C.

1 2 3 4 5 6 7 8 9

405
ties 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 en- tity 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, partner- ship, 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 dis- bursement that is not a covered transfer, the election to which the campaign-related disburse-

HEN20B91 32X

S.L.C.

1 2 3 4 5 6 7 8 9

406
ment 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 dis- bursement is not made in cooperation, consulta- tion, or concert with or at the request or sug- gestion 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 exclu- sively funds in a segregated bank account con- sisting of funds that were paid directly to such account by persons other than the covered orga- nization 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

HEN20B91 32X

S.L.C.

1 2 3 4 5 6 7 8 9

407
‘‘(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 dis- closure 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 aggre- gate amount of $10,000 or more during the pe- riod beginning on the first day of the election reporting cycle (or, if earlier, the period begin- ning one year before the disclosure date) and ending on the disclosure date.

‘‘(ii) In any calendar year after 2020, sec- tion 315(c)(1)(B) shall apply to the amount de- scribed in clause (i) in the same manner as such section applies to the limitations estab- lished 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

HEN20B91 32X

S.L.C.

1 2 3 4 5 6 7 8 9

408
other than funds in a segregated bank account

described in subparagraph (E), for each pay- ment 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 dis- closure 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, sec- tion 315(c)(1)(B) shall apply to the amount de- scribed in clause (i) in the same manner as

HEN20B91 32X

S.L.C.

1 2 3 4 5 6 7 8 9

409
such section applies to the limitations estab-

lished 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 in- clude in a statement filed under paragraph (1) the information described in paragraph (2) shall not apply to amounts received by the cov- ered 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 re- ceived by a covered organization as remittances from an employee to the employee’s collective bargaining representative shall be treated as

HEN20B91 32X

S.L.C.

1 2 3 4 5 6 7 8 9

410
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 state- ment submitted under paragraph (1) the infor- mation described in subparagraph (F) of para- graph (2) shall not apply if—

‘‘(i) the person described in such sub- paragraph prohibited, in writing, the use of the payment made by such person for cam- paign-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 RE-

PRISAL.—The requirement to include any infor- mation 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.

HEN20B91 32X

S.L.C.

1 2 3 4 5 6 7 8 9

411
‘‘(4) OTHER DEFINITIONS.—For purposes of

this section:
‘‘(A) BENEFICIAL OWNER DEFINED.—

‘‘(i) IN GENERAL.—Except as pro- vided in clause (ii), the term ‘beneficial owner’ means, with respect to any entity, a natural person who, directly or indi- rectly—

‘‘(I) exercises substantial control over an entity through ownership, vot- ing rights, agreement, or otherwise; or

‘‘(II) has a substantial interest in or receives substantial economic bene- fits from the assets of an entity.
‘‘(ii) EXCEPTIONS.—The term ‘bene-

ficial owner’ shall not include— ‘‘(I) a minor child;

‘‘(II) a person acting as a nomi- nee, 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 em- ployment status of the person;

HEN20B91 32X

S.L.C.

1 2 3 4 5 6 7 8 9

412
‘‘(IV) a person whose only inter-

est 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, un- less the creditor also meets the re- quirements of clause (i).
‘‘(iii) ANTI-ABUSE RULE.—The excep-

tions under clause (ii) shall not apply if used for the purpose of evading, circum- venting, or abusing the provisions of clause (i) or paragraph (2)(A).

‘‘(B) DISCLOSURE DATE.—The term ‘dis- closure date’ means—

‘‘(i) the first date during any election reporting cycle by which a person has made campaign-related disbursements ag- gregating more than $10,000; and

‘‘(ii) any other date during such elec- tion reporting cycle by which a person has made campaign-related disbursements ag- gregating more than $10,000 since the most recent disclosure date for such elec- tion reporting cycle.

HEN20B91 32X

S.L.C.

1
2
3
4
5
6
7
8 ‘‘(b) 9

413
‘‘(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’ in- cludes any contribution, donation, transfer, pay- ment of dues, or other payment.
COORDINATION WITH OTHER PROVISIONS.— ‘‘(1) OTHER REPORTS FILED WITH THE COM-

10 MISSION.—Information included in a statement filed
11 under this section may be excluded from statements
12 and reports filed under section 304.
13 ‘‘(2) TREATMENT AS SEPARATE SEGREGATED
14 FUND.—A segregated bank account referred to in
15 subsection (a)(2)(E) may be treated as a separate
16 segregated fund for purposes of section 527(f)(3) of
17 the Internal Revenue Code of 1986.
18 ‘‘(c) FILING.—Statements required to be filed under
19 subsection (a) shall be subject to the requirements of sec-
20 tion 304(d) to the same extent and in the same manner
21 as if such reports had been required under subsection (c)
22 or (g) of section 304.
23 ‘‘(d) CAMPAIGN-RELATED DISBURSEMENT DE-
24 FINED.—

HEN20B91 32X

S.L.C.

414
‘‘(1) IN GENERAL.—In this section, the term

2 ‘campaign-related disbursement’ means a disburse-
3 ment by a covered organization for any of the fol-
4 lowing:
5 ‘‘(A) An independent expenditure which ex-
6 pressly advocates the election or defeat of a
7 clearly identified candidate for election for Fed-
8 eral office, or is the functional equivalent of ex-
9 press advocacy because, when taken as a whole,
10 it can be interpreted by a reasonable person
11 only as advocating the election or defeat of a
12 candidate for election for Federal office.
13 ‘‘(B) Any public communication which re-
14 fers to a clearly identified candidate for election
15 for Federal office and which promotes or sup-
16 ports the election of a candidate for that office,
17 or attacks or opposes the election of a candidate
18 for that office, without regard to whether the
19 communication expressly advocates a vote for or
20 against a candidate for that office.
21 ‘‘(C) An electioneering communication, as
22 defined in section 304(f)(3).
23 ‘‘(D) A covered transfer.
24 ‘‘(2) INTENT NOT REQUIRED.—A disbursement
25 for an item described in subparagraph (A), (B), (C),

HEN20B91 32X

S.L.C.

415

1 or (D) of paragraph (1) shall be treated as a cam-
2 paign-related disbursement regardless of the intent
3 of the person making the disbursement.
4 ‘‘(e) COVERED ORGANIZATION DEFINED.—In this
5 section, the term ‘covered organization’ means any of the
6 following:
7 ‘‘(1) A corporation (other than an organization
8 described in section 501(c)(3) of the Internal Rev-
9 enue Code of 1986).
10 ‘‘(2) A limited liability corporation that is not
11 otherwise treated as a corporation for purposes of
12 this Act (other than an organization described in
13 section 501(c)(3) of the Internal Revenue Code of
14 1986).
15 ‘‘(3) An organization described in section
16 501(c) of such Code and exempt from taxation
17 under section 501(a) of such Code (other than an
18 organization described in section 501(c)(3) of such
19 Code).
20 ‘‘(4) A labor organization (as defined in section
21 316(b)).
22 ‘‘(5) Any political organization under section
23 527 of the Internal Revenue Code of 1986, other
24 than a political committee under this Act (except as
25 provided in paragraph (6)).

HEN20B91 32X

S.L.C.

1 2 3 4 5 6 7 8 9

416
‘‘(6) A political committee with an account that

accepts donations or contributions that do not com- ply with the contribution limits or source prohibi- tions 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 pay- ing for such campaign-related disburse- ments;
‘‘(B) made such transfer or payment in re-

sponse to a solicitation or other request for a donation or payment for—

‘‘(i) the making of or paying for cam- paign-related disbursements (other than covered transfers); or

HEN20B91 32X

S.L.C.

1 2 3 4 5 6 7 8 9

417
‘‘(ii) making a transfer to another

person for the purpose of making or pay- ing for such campaign-related disburse- ments;
‘‘(C) engaged in discussions with the re-

cipient of the transfer or payment regarding— ‘‘(i) the making of or paying for cam- paign-related disbursements (other than

covered transfers); or
‘‘(ii) donating or transferring any

amount of such transfer or payment to an- other person for the purpose of making or paying for such campaign-related disburse- ments;

‘‘(D) made campaign-related disburse- ments (other than a covered transfer) in an ag- gregate 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 pay- ment made such disbursements in such an ag- gregate 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 ag-

HEN20B91 32X

S.L.C.

418
gregate amount of $50,000 or more during the

1 2 3 4

5 does not include any of the following:
6 ‘‘(A) A disbursement made by a covered
7 organization in a commercial transaction in the
8 ordinary course of any trade or business con-
9 ducted by the covered organization or in the
10 form of investments made by the covered orga-
11 nization.
12 ‘‘(B) A disbursement made by a covered
13 organization if—
14 ‘‘(i) the covered organization prohib-
15 ited, in writing, the use of such disburse-
16 ment for campaign-related disbursements;
17 and
18 ‘‘(ii) the recipient of the disbursement
19 agreed to follow the prohibition and depos-
20 ited the disbursement in an account which
21 is segregated from any account used to
22 make campaign-related disbursements.
23 ‘‘(3) SPECIAL RULE REGARDING TRANSFERS
24 AMONG AFFILIATES.—

2-year period beginning on the date of the transfer or payment.
‘‘(2) EXCLUSIONS.—The term ‘covered transfer’

HEN20B91 32X

S.L.C.

1 2 3 4 5 6 7 8 9

419
‘‘(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 trans- ferred during the year by such covered organi- zation 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 cal- culation 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 BE- TWEEN AFFILIATES.—A transfer of amounts from one covered organization to another cov-

HEN20B91 32X

S.L.C.

1 2 3 4 5 6 7 8 9

420
ered organization shall be treated as a transfer

between affiliates if—
‘‘(i) one of the organizations is an af-

filiate 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 orga- nizations is established for the purpose of mak- ing campaign-related disbursements.

‘‘(D) DETERMINATION OF AFFILIATE STA- TUS.—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 de- cisions of the other organization;

‘‘(ii) the governing board of the orga- nization includes persons who are specifi- cally 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

HEN20B91 32X

S.L.C.

1 2 3 4 5 6 7 8 9

421
contingent upon the approval of the other

organization; or
‘‘(iii) the organization is chartered by

the other organization.

‘‘(E) COVERAGE OF TRANSFERS TO AF- FILIATED SECTION 501(c)(3) ORGANIZA- TIONS.—This paragraph shall apply with re- spect to an amount transferred by a covered or- ganization to an organization described in para- graph (3) of section 501(c) of the Internal Rev- enue Code of 1986 and exempt from tax under section 501(a) of such Code in the same man- ner as this paragraph applies to an amount transferred by a covered organization to an- other covered organization.

16 ‘‘(g) NO EFFECT ON OTHER REPORTING REQUIRE-
17 MENTS.—Nothing in this section shall be construed to
18 waive or otherwise affect any other requirement of this
19 Act which relates to the reporting of campaign-related dis-
20 bursements.’’.

21 (2) CONFORMING AMENDMENT.—Section
22 304(f)(6) of such Act (52 U.S.C. 30104) is amended
23 by striking ‘‘Any requirement’’ and inserting ‘‘Ex-
24 cept as provided in section 324(b), any require-
25 ment’’.

HEN20B91 32X

S.L.C.

1 2 3 4 5 6 7 8 9

422
(b) COORDINATION WITH FINCEN.—

(1) IN GENERAL.—The Director of the Finan- cial Crimes Enforcement Network of the Depart- ment of the Treasury shall provide the Federal Elec- tion 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 Enforce- ment Network of the Department of the Treasury, shall submit to Congress a report with recommenda- tions for providing further legislative authority to as- sist in the administration and enforcement of such section 324.

PART III—REQUIREMENTS RELATING TO FOREIGN NATIONALS
SEC. 721. BANNING FOREIGN-OWNED AND PARTIALLY FOR-

EIGN-OWNED CORPORATIONS FROM SPEND-

ING 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)—

HEN20B91 32X

S.L.C.

1 2 3 4 5 6 7 8 9

423
(A) in paragraph (1)—

(i) in subparagraph (A), by inserting the following before the semicolon: ‘‘(in- cluding a State or local ballot initiative or referendum), including any disbursement to a political committee which accepts do- nations or contributions that do not com- ply with the limitations, prohibitions, and reporting requirements of this Act (or any disbursement to or on behalf of any ac- count of a political committee which is es- tablished 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));

HEN20B91 32X

S.L.C.

1 2 3 4 5 6 7 8 9

424
‘‘(F) a disbursement for a paid internet or

paid digital communication that refers to a clearly identified candidate for election for Fed- eral 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 inter- net or paid digital communication, that pro- motes, 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

HEN20B91 32X

S.L.C.

425
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 for- eign 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 pe- riod at the end and inserting ‘‘; or’’; and

1 2 3 4 5 6 7 8 9

10 11 12

13 trol, or directly or indirectly participate in the deci-
14 sion making process of any person (including a cor-
15 poration, labor organization, political committee, or
16 political organization) with regard to the Federal or
17 non-Federal election-related activity of such person,
18 including any decision concerning the making of con-
19 tributions, donations, expenditures, or disbursements
20 in connection with an election for any Federal,
21 State, or local office or any decision concerning the
22 administration of a political committee.’’;
23 (2) in subsection (b)—
24 (A) in paragraph (1), by striking ‘‘or’’ at
25 the end;

‘‘(3) a foreign national to direct, dictate, con-

HEN20B91 32X

S.L.C.

426
(B) in paragraph (2), by striking the pe-

1 2 3 4 5

6 ited liability company, limited partnership, business
7 trust, business association, or other similar entity,
8 which is not a foreign national described in para-
9 graph (1) and—
10 ‘‘(A) in which a foreign national described
11 in paragraph (1) or (2) or a foreign business as
12 defined in subsection (d) directly or indirectly
13 holds, owns, controls, or otherwise has direct or
14 indirect beneficial ownership of 1 percent or
15 more of the total equity, outstanding voting
16 shares, membership units, or other applicable
17 ownership interests of the entity;
18 ‘‘(B) in which two or more foreign nation-
19 als described in paragraph (1) or (2) or foreign
20 businesses as so defined, in aggregate, directly,
21 or indirectly hold, own, control, or otherwise
22 have direct or indirect beneficial ownership of
23 five percent or more of the total equity, out-
24 standing voting shares, membership units, or

riod at the end and inserting ‘‘; or’’; and
(C) by adding at the end the following new

paragraph:
‘‘(3) any for-profit corporation, company, lim-

HEN20B91 32X

S.L.C.

1 2 3 4 5 6 7 8 9

427
other applicable ownership interests of the enti-

ty;
‘‘(C) over which one or more foreign na-

tionals described in paragraph (1) or (2) or for- eign 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 na- tionals described in paragraph (1) or (2) or for- eign 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 elec- tion, including—

‘‘(i) the making of a contribution, do- nation, expenditure, independent expendi- ture, or disbursement for an electioneering communication (within the meaning of sec- tion 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 sub-

10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25 sections:

HEN20B91 32X

S.L.C.

428

1 ‘‘(c) CERTIFICATION OF COMPLIANCE REQUIRED
2 FOR CARRYING OUT ACTIVITY.—Prior to the making in
3 connection with an election for Federal office of any con-
4 tribution, donation, expenditure, independent expenditure,
5 or disbursement for an electioneering communication by
6 a covered for-profit entity, as defined in section 3 of the
7 Lobbying Disclosure Act of 1995 (2 U.S.C. 1602), during
8 a year, the chief executive officer of the entity (or, if the
9 entity does not have a chief executive officer, the highest
10 ranking official of the entity), shall file a certification with
11 the Commission, under penalty of perjury, avowing that
12 the entity is not a foreign national and that a foreign na-
13 tional did not direct, dictate, control, or directly or indi-
14 rectly participate in the decision making process relating
15 to such activity in violation of subsection (a)(3), unless
16 the chief executive officer or highest ranking official, if
17 applicable, has previously filed such a certification within
18 the previous 30 days.
19 ‘‘(d) DEFINITION OF FOREIGN BUSINESS.—For pur-
20 poses of this section, the term ‘foreign business’ means
21 any for-profit corporation, company, limited liability com-
22 pany, limited partnership, business trust, business associa-
23 tion, or other similar entity wherein a foreign national
24 holds, owns, controls, or otherwise has directly or indi-
25 rectly acquired beneficial ownership of equity or voting

HEN20B91 32X

S.L.C.

429

1 shares in an amount that is equal to or greater than 50
2 percent of the total equity or outstanding voting shares.’’.
3 PART IV—ADDITIONAL REQUIREMENTS
4 Subpart A—Campaign Finance
5 SEC. 731. CLARIFICATION ON TREATMENT OF INFORMA-
6 TION USED TO INFLUENCE AN ELECTION FOR
7 FEDERAL OFFICE AS A CONTRIBUTION;
8 CLARIFICATION REGARDING PURPOSE OF IN-
9 FLUENCING AN ELECTION FOR FEDERAL OF-
10 FICE.
11 (a) IN GENERAL.—Section 301(8) of the Federal
12 Election Campaign Act of 1971 (52 U.S.C. 30101(8)) is
13 amended by adding at the end the following new subpara-
14 graph:
15 ‘‘(C) For purposes of subparagraph (A)(i) and
16 section 319(a)(1)(A), material, non-public informa-
17 tion, including opposition research, intended to be
18 used for the purpose of influencing an election for
19 Federal office as described in subparagraph (A)(i),
20 or in the case of section 319(a)(1)(A), in connection
21 with a Federal, State, or local election, shall be con-
22 sidered a thing of value without regard to whether
23 the information provided has monetary value.’’.
24 (b) CLARIFICATION REGARDING PURPOSE OF INFLU-
25 ENCING AN ELECTION.—

HEN20B91 32X

S.L.C.

430
(1) CONTRIBUTIONS.—Section 301(8)(A)(i) of

2 such Act (52 U.S.C. 30101(8)(A)(i)) is amended by
3 inserting the following before the semicolon:
4 ‘‘(whether in whole or in part, or with the predict-
5 able effect of, influencing an election for Federal of-
6 fice)’’.
7 (2) EXPENDITURES.—Section 301(9)(A)(i) of
8 such Act (52 U.S.C. 30101(9)(A)(i)) is amended by
9 inserting the following before the semicolon:
10 ‘‘(whether in whole or in part, or with the predict-
11 able effect of, influencing an election for Federal of-
12 fice)’’.
13 (c) APPLICATION OF PENALTIES.—Section
14 309(d)(1)(A)(ii) of the such Act (52 U.S.C.
15 30109(d)(1)(A)(ii)) is amended—
16 (1) by striking ‘‘$2,000 or more (but less than
17 $25,000)’’ and inserting ‘‘less than $25,000’’; and
18 (2) by inserting ‘‘or involving information de-
19 scribed in section 301(8)(C), and which has a value
20 that is not ascertainable’’ after ‘‘during a calendar
21 year’’.

HEN20B91 32X

S.L.C.

1 2 3 4 5 6 7 8 9

431

SEC. 732. PROHIBITION ON SUPER PAC–CANDIDATE CO- ORDINATION.

(a) CLARIFICATION OF TREATMENT OF COORDI- NATED EXPENDITURES AS CONTRIBUTIONS TO CAN-DIDATES.—

(1) TREATMENT AS CONTRIBUTION TO CAN- DIDATE.—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

‘‘(iii) any payment made by any person (other than a candidate, an authorized com- mittee of a candidate, or a political committee of a political party) for a coordinated expendi- ture (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:

HEN20B91 32X

S.L.C.

432

1 ‘‘SEC. 328. PAYMENTS FOR COORDINATED EXPENDITURES.
2 ‘‘(a) COORDINATED EXPENDITURES.—
3 ‘‘(1) IN GENERAL.—For purposes of section
4 301(8)(A)(iii), the term ‘coordinated expenditure’
5 means—
6 ‘‘(A) any expenditure, or any payment for
7 a covered communication described in sub-
8 section (d), which is made in cooperation, con-
9 sultation, or concert with, or at the request or
10 suggestion of, a candidate, an authorized com-
11 mittee of a candidate, a political committee of
12 a political party, or agents of the candidate or
13 committee, as defined in subsection (b); or
14 ‘‘(B) any payment for any communication
15 which republishes, disseminates, or distributes,
16 in whole or in part, any video or broadcast or
17 any written, graphic, or other form of campaign
18 material prepared by the candidate or com-
19 mittee or by agents of the candidate or com-
20 mittee (including any excerpt or use of any
21 video from any such broadcast or written,
22 graphic, or other form of campaign material).
23 ‘‘(2) EXCEPTION FOR PAYMENTS FOR CERTAIN
24 COMMUNICATIONS.—A payment for a communication
25 (including a covered communication described in

HEN20B91 32X

S.L.C.

433

1 subsection (d)) shall not be treated as a coordinated
2 expenditure under this subsection if—

3 4 5 6 7 8 9

10
11
12
13
14
15
16
17 ‘‘(b) 18

‘‘(A) the communication appears in a news story, commentary, or editorial distributed through the facilities of any broadcasting sta- tion, newspaper, magazine, or other periodical publication, unless such facilities are owned or controlled by any political party, political com- mittee, or candidate; or

‘‘(B) the communication constitutes a can- didate debate or forum conducted pursuant to regulations adopted by the Commission pursu- ant 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 de- bate or forum.
COORDINATION DESCRIBED.—
‘‘(1) IN GENERAL.—For purposes of this sec-

19 tion, a payment is made ‘in cooperation, consulta-
20 tion, or concert with, or at the request or suggestion
21 of,’ a candidate, an authorized committee of a can-
22 didate, a political committee of a political party, or
23 agents of the candidate or committee, if the pay-
24 ment, or any communication for which the payment
25 is made, is not made entirely independently of the

HEN20B91 32X

S.L.C.

434

1 candidate, committee, or agents. For purposes of the
2 previous sentence, a payment or communication not
3 made entirely independently of the candidate or
4 committee includes any payment or communication
5 made pursuant to any general or particular under-
6 standing with, or pursuant to any communication
7 with, the candidate, committee, or agents about the
8 payment or communication.
9 ‘‘(2) NO FINDING OF COORDINATION BASED
10 SOLELY ON SHARING OF INFORMATION REGARDING
11 LEGISLATIVE OR POLICY POSITION.—For purposes
12 of this section, a payment shall not be considered to
13 be made by a person in cooperation, consultation, or
14 concert with, or at the request or suggestion of, a
15 candidate or committee, solely on the grounds that
16 the person or the person’s agent engaged in discus-
17 sions with the candidate or committee, or with any
18 agent of the candidate or committee, regarding that
19 person’s position on a legislative or policy matter
20 (including urging the candidate or committee to
21 adopt that person’s position), so long as there is no
22 communication between the person and the can-
23 didate or committee, or any agent of the candidate
24 or committee, regarding the candidate’s or commit-
25 tee’s campaign advertising, message, strategy, pol-

HEN20B91 32X

S.L.C.

435

1 icy, polling, allocation of resources, fundraising, or
2 other campaign activities.
3 ‘‘(3) NO EFFECT ON PARTY COORDINATION
4 STANDARD.—Nothing in this section shall be con-
5 strued to affect the determination of coordination
6 between a candidate and a political committee of a
7 political party for purposes of section 315(d).
8 ‘‘(4) NO SAFE HARBOR FOR USE OF FIRE-
9 WALL.—A person shall be determined to have made
10 a payment in cooperation, consultation, or concert
11 with, or at the request or suggestion of, a candidate
12 or committee, in accordance with this section with-
13 out regard to whether or not the person established
14 and used a firewall or similar procedures to restrict
15 the sharing of information between individuals who
16 are employed by or who are serving as agents for the
17 person making the payment.
18 ‘‘(c) PAYMENTS BY COORDINATED SPENDERS FOR
19 COVERED COMMUNICATIONS.—
20 ‘‘(1) PAYMENTS MADE IN COOPERATION, CON-
21 SULTATION, OR CONCERT WITH CANDIDATES.—For
22 purposes of subsection (a)(1)(A), if the person who
23 makes a payment for a covered communication, as
24 defined in subsection (d), is a coordinated spender
25 under paragraph (2) with respect to the candidate

HEN20B91 32X

S.L.C.

436

1 as described in subsection (d)(1), the payment for
2 the covered communication is made in cooperation,
3 consultation, or concert with the candidate.
4 ‘‘(2) COORDINATED SPENDER DEFINED.—For
5 purposes of this subsection, the term ‘coordinated
6 spender’ means, with respect to a candidate or an
7 authorized committee of a candidate, a person (other
8 than a political committee of a political party) for
9 which any of the following applies:
10 ‘‘(A) During the 4-year period ending on
11 the date on which the person makes the pay-
12 ment, the person was directly or indirectly
13 formed or established by or at the request or
14 suggestion of, or with the encouragement of,
15 the candidate (including an individual who later
16 becomes a candidate) or committee or agents of
17 the candidate or committee, including with the
18 approval of the candidate or committee or
19 agents of the candidate or committee.
20 ‘‘(B) The candidate or committee or any
21 agent of the candidate or committee solicits
22 funds, appears at a fundraising event, or en-
23 gages in other fundraising activity on the per-
24 son’s behalf during the election cycle involved,
25 including by providing the person with names of

HEN20B91 32X

S.L.C.

1 2 3 4 5 6 7 8 9

437
potential donors or other lists to be used by the

person in engaging in fundraising activity, re- gardless of whether the person pays fair market value for the names or lists provided. For pur- poses 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 elec- tion 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 end- ing on the date on which the person makes the payment, has been employed or retained as a political, campaign media, or fundraising ad- viser or consultant for the candidate or com- mittee or for any other entity directly or indi- rectly controlled by the candidate or committee, or has held a formal position with the candidate or committee (including a position as an em-

HEN20B91 32X

S.L.C.

1 2 3 4 5 6 7 8 9

438
ployee 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 profes- sional 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, with- out regard to whether the person providing the professional services used a firewall. For pur- poses of this subparagraph, the term ‘profes- sional services’ includes any services in support of the candidate’s or committee’s campaign ac- tivities, including advertising, message, strat- egy, 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 inci- dental discussions about the candidate’s cam- paign with a member of the immediate family of the candidate. For purposes of this subpara-

HEN20B91 32X

S.L.C.

1
2
3
4 ‘‘(d) 5

439
graph, the term ‘immediate family’ has the

meaning given such term in section 9004(e) of the Internal Revenue Code of 1986.
COVERED COMMUNICATION DEFINED.—
‘‘(1) IN GENERAL.—For purposes of this sec-

6 tion, the term ‘covered communication’ means, with
7 respect to a candidate or an authorized committee of
8 a candidate, a public communication (as defined in
9 section 301(22)) which—
10 ‘‘(A) expressly advocates the election of the
11 candidate or the defeat of an opponent of the
12 candidate (or contains the functional equivalent
13 of express advocacy);
14 ‘‘(B) promotes or supports the election of
15 the candidate, or attacks or opposes the election
16 of an opponent of the candidate (regardless of
17 whether the communication expressly advocates
18 the election or defeat of a candidate or contains
19 the functional equivalent of express advocacy);
20 or
21 ‘‘(C) refers to the candidate or an oppo-
22 nent of the candidate but is not described in
23 subparagraph (A) or subparagraph (B), but
24 only if the communication is disseminated dur-
25 ing the applicable election period.

HEN20B91 32X

S.L.C.

440
‘‘(2) APPLICABLE ELECTION PERIOD.—In para-

2 graph (1)(C), the ‘applicable election period’ with re-
3 spect to a communication means—
4 ‘‘(A) in the case of a communication which
5 refers to a candidate in a general, special, or
6 runoff election, the 120-day period which ends
7 on the date of the election; or
8 ‘‘(B) in the case of a communication which
9 refers to a candidate in a primary or preference
10 election, or convention or caucus of a political
11 party that has authority to nominate a can-
12 didate, the 60-day period which ends on the
13 date of the election or convention or caucus.
14 ‘‘(3) SPECIAL RULES FOR COMMUNICATIONS IN-
15 VOLVING CONGRESSIONAL CANDIDATES.—For pur-
16 poses of this subsection, a public communication
17 shall not be considered to be a covered communica-
18 tion with respect to a candidate for election for an
19 office other than the office of President or Vice
20 President unless it is publicly disseminated or dis-
21 tributed in the jurisdiction of the office the can-
22 didate is seeking.
23 ‘‘(e) PENALTY.—
24 ‘‘(1) DETERMINATION OF AMOUNT.—Any per-
25 son who knowingly and willfully commits a violation

HEN20B91 32X

S.L.C.

441

1 of this Act by making a contribution which consists
2 of a payment for a coordinated expenditure shall be
3 fined an amount equal to the greater of—
4 ‘‘(A) in the case of a person who makes a
5 contribution which consists of a payment for a
6 coordinated expenditure in an amount exceeding
7 the applicable contribution limit under this Act,
8 300 percent of the amount by which the
9 amount of the payment made by the person ex-
10 ceeds such applicable contribution limit; or
11 ‘‘(B) in the case of a person who is prohib-
12 ited under this Act from making a contribution
13 in any amount, 300 percent of the amount of
14 the payment made by the person for the coordi-
15 nated expenditure.
16 ‘‘(2) JOINT AND SEVERAL LIABILITY.—Any di-
17 rector, manager, or officer of a person who is subject
18 to a penalty under paragraph (1) shall be jointly and
19 severally liable for any amount of such penalty that
20 is not paid by the person prior to the expiration of
21 the 1-year period which begins on the date the Com-
22 mission imposes the penalty or the 1-year period
23 which begins on the date of the final judgment fol-
24 lowing any judicial review of the Commission’s ac-
25 tion, whichever is later.’’.

HEN20B91 32X

S.L.C.

1 2 3 4 5 6 7 8 9

442
(3) EFFECTIVE DATE.—

(A) REPEAL OF EXISTING REGULATIONS ON COORDINATION.—Effective upon the expira- tion 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 re- pealed; and

(ii) the Federal Election Commission shall promulgate new regulations on co- ordinated 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 Commis- sion has promulgated regulations in accordance with paragraph (1)(B) as of the expiration of such period.

HEN20B91 32X

S.L.C.

1 2 3 4 5 6 7 8 9

443
(b) CLARIFICATION OF BAN ON FUNDRAISING FOR

SUPER PACS BY FEDERAL CANDIDATES AND OFFICE- HOLDERS.—Section 323(e)(1) of the Federal Election Campaign Act of 1971 (52 U.S.C. 30125(e)(1)) is amend- ed—

(1) by striking ‘‘or’’ at the end of subparagraph (A);

(2) by striking the period at the end of sub- paragraph (B) and inserting ‘‘; or’’; and

(3) by adding at the end the following new sub- paragraph:

‘‘(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 com- mittee 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 con- tributions (other than a committee of a State or local political party or a candidate for election for State or local office).’’.

HEN20B91 32X

S.L.C.

1 2 3 4 5 6 7 8 9

444

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 sub- section:

‘‘(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 pe- riod:

‘‘(1) The names and addresses of all donors, bundlers, and fundraisers who are given titles, in- cluding national or regional finance committee mem- bers.

‘‘(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 fund- raisers.’’.

HEN20B91 32X

S.L.C.

1 2 3 4 5 6 7 8 9

445

SEC. 734. LOWERING CONTRIBUTION LIMITS; REPEAL OF SPECIAL CONTRIBUTION LIMITS FOR CON- TRIBUTIONS TO NATIONAL PARTIES FOR

CERTAIN PURPOSES.

(a) DECREASE IN INDIVIDUAL LIMITS FOR CERTAIN CONTRIBUTIONS.—Section 315(a)(1) of the Federal Elec- tion 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 Fed- eral 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

HEN20B91 32X

S.L.C.

446
accounts described in paragraph (9), exceed

1 2 3 4 5 6

7 315(d) of such Act (52 U.S.C. 30116(d)) is amend-
8 ed by striking paragraph (5).

300 percent of the amount otherwise applicable under this subparagraph with respect to such calendar year’’, and

9 (3) RETURN OF PREVIOUSLY CONTRIBUTED
10 AMOUNTS.—Not later than 90 days after the effec-
11 tive date under subsection (d), each political com-
12 mittee established and maintained by a political
13 party shall distribute all amounts in accounts de-
14 scribed in section 315(a)(9) of the Federal Election
15 Campaign Act of 1971 (52 U.S.C. 30116(a)(9)) to
16 individuals who made contributions to such ac-
17 counts. The amount distributed to any contributor
18 form any account shall bear the same ratio to the
19 amount of contributions made by such contributor to
20 such account as the balance of such account on such
21 effective date bears to the total amount of contribu-
22 tions made to such account.
23 (c) INDEXING OF REVISED CONTRIBUTION LIMITS.—
24 Section 315(c) of the Federal Election Campaign Act of
25 1971 (2 U.S.C. 441a(c)) is amended—

HEN20B91 32X

S.L.C.

1 2 3 4 5 6 7 8 9

447
(1) in paragraph (1)(B)—

(A) by redesignating clauses (i) through (iii) as subclauses (I) through (III), respec- tively, and indenting appropriately;

(B) in subclause (I), as resdesignated by subparagraph (A), by striking ‘‘(a)(1)(A), (a)(1)(B),’’;

(i) by striking ‘‘clause (i)’’ and insert- ing ‘‘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 ‘‘sub- paragraph (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

HEN20B91 32X

S.L.C.

1 2 3 4 5 6 7 8 9

448
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 ad-

justment 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 insert- ing ‘‘; and’’; and

2020.’’.
(d) EFFECTIVE DATE.—The amendments made by

this section shall apply with respect to contributions made on or after January 1, 2021.

HEN20B91 32X

S.L.C.

449

1 SEC. 735. RESTRICTIONS ON TESTING THE WATERS.
2 Section 315(a) of the Federal Election Campaign Act
3 of 1971 (52 U.S.C. 30116(a)) is amended by adding at
4 the end the following new paragraph:
5 ‘‘(10) For purposes of paragraph (7)(B):
6 ‘‘(A) The term ‘expenditure made in coopera-
7 tion, consultation, or concert with, or at the request
8 or suggestion of a candidate, his authorized political
9 committees, or their agents’ includes an expenditure
10 made by a person—
11 ‘‘(i) that during the four years preceding
12 the expenditure (for the office of President) or
13 during the two years preceding the expenditure
14 (for all other expenditures) was directly or indi-
15 rectly established, maintained, controlled, or
16 principally funded by a candidate, the can-
17 didate’s committee, or an immediate family
18 member of a candidate;
19 ‘‘(ii) that during the four years preceding
20 the expenditure (for the office of President) or
21 during the two years preceding the expenditure
22 (for all other expenditures) employed or other-
23 wise retained the services (other than account-
24 ing or legal services) of a person who, whether
25 paid or unpaid, at any point during the same
26 four-year or two-year period, had or exercised

HEN20B91 32X

S.L.C.

1 2 3 4 5 6 7 8 9

450
executive or managerial authority for the can-

didate, or acted as an agent of the candidate; or

‘‘(iii) for whom during the four years pre- ceding the expenditure (for the office of Presi- dent) or during the two years preceding the ex- penditure (for all other expenditures) the can- didate 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

10 11 12

13 given that term in section 301 and section 316(b)
14 and also includes the following, when conducted by
15 a person described in subparagraph (A) of this para-
16 graph:

17 ‘‘(i) A public communication as defined in
18 section 301(22) that—
19 ‘‘(I) expressly advocates for the nomi-
20 nation or election of a clearly identified
21 candidate for Federal office or against the
22 nomination or election of a candidate for
23 such office, or that is the functional equiv-
24 alent of such express advocacy;

HEN20B91 32X

S.L.C.

1 2 3 4 5 6 7 8 9

451
‘‘(II) promotes or supports a can-

didate for Federal office, or attacks or op- poses a candidate for such office (regard- less of whether the communication ex- pressly 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 ac- tivity (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).

HEN20B91 32X

S.L.C.

1 2 3 4 5 6 7 8 9

452
‘‘(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 COMMIT-

TEES.

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:

HEN20B91 32X

S.L.C.

1 2 3 4 5 6 7 8 9

453
‘‘(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 MIS-

SION.

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 ‘‘Contribu-

tions’’;
(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 con- tribution 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 con-

HEN20B91 32X

S.L.C.

1 2 3 4 5 6 7 8 9

454
tributions may be appointed by the President if such indi-

vidual 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 Presi-

dent’’; and
(B) by adding at the end the following new

subparagraph:

‘‘(B)(i) The report required under subpara- graph (A) shall include—

‘‘(I) an explanation of the nominee’s knowledge, if applicable, of the principal lan- guage or dialect of the country in which the in- dividual is to serve, and knowledge, if applica- ble, of the history, culture, economic and polit- ical 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

HEN20B91 32X

S.L.C.

1 2 3 4 5 6 7 8 9

455
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 con- tribution.

‘‘(ii) In this subparagraph, the terms ‘contribu- tion,’ ‘bundled contribution,’ and ‘authorized com- mittee’ 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 Over- sight of Online Political Adver- tising

SEC. 741. EXPANSION OF DEFINITION OF PUBLIC COMMU- NICATION.

(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 commu- nication’’ and inserting ‘‘satellite, paid internet, or paid digital communication’’.

(b) TREATMENT OF CONTRIBUTIONS AND EXPENDI- TURES.—Section 301 of such Act (52 U.S.C. 30101) is amended—

(1) in paragraph (8)(B)—

HEN20B91 32X

S.L.C.

1 2 3 4 5 6 7 8 9

456
(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 communica- tion’’;

(B) by striking ‘‘broadcasting, newspaper, magazine, billboard, direct mail, or similar type of general public communication or political ad- vertising’’ in clause (ix)(1) and inserting ‘‘pub- lic communication’’; and

(C) by striking ‘‘but not including the use of broadcasting, newspapers, magazines, bill- boards, 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 fol- lows:

‘‘(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 facili-

HEN20B91 32X

S.L.C.

1 2 3 4 5 6 7 8 9

457
ties are owned or controlled by any polit-

ical party, political committee, or can- didate;’’; and
(B) in clause (iv), by striking ‘‘on broad-

casting stations, or in newspapers, magazines, or similar types of general public political ad- vertising’’ and inserting ‘‘in any public commu- nication’’.

(1) by striking ‘‘financing any communication through any broadcasting station, newspaper, maga- zine, 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, maga- zine, outdoor advertising facility, mailing, or any other type of general public political advertising’’ and inserting ‘‘solicits any contribution through any public communication’’.

HEN20B91 32X

S.L.C.

458

1 SEC. 742. EXPANSION OF DEFINITION OF ELECTIONEERING
2 COMMUNICATION.
3 (a) APPLICATION TO QUALIFIED INTERNET AND
4 DIGITAL COMMUNICATIONS.—

5 6 7 8 9

(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 ‘‘sat- ellite, or qualified internet or digital communica- tion’’.

‘‘(D) QUALIFIED INTERNET OR DIGITAL COMMUNICATION.—The term ‘qualified internet or digital communication’ means any commu- nication which is placed or promoted for a fee on an online platform (as defined in subsection (k)(3)).’’.

23 TO
24 304(f)(3)(A)(i)(III) of such Act (52 U.S.C.
25 30104(f)(3)(A)(i)(III)) is amended by inserting ‘‘any
26 broadcast, cable, or satellite’’ before ‘‘communication’’.

(2) QUALIFIED INTERNET OR DIGITAL COMMU- NICATION.—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:

(b) NONAPPLICATION OF RELEVANT ELECTORATE ONLINE COMMUNICATIONS.—Section

HEN20B91 32X

S.L.C.

459

1 (c) NEWS EXEMPTION.—Section 304(f)(3)(B)(i) of
2 such Act (52 U.S.C. 30104(f)(3)(B)(i)) is amended to
3 read as follows:
4 ‘‘(i) a communication appearing in a
5 news story, commentary, or editorial dis-
6 tributed through the facilities of any
7 broadcasting station or any online or dig-
8 ital newspaper, magazine, blog, publica-
9 tion, or periodical, unless such broad-
10 casting, online, or digital facilities are
11 owned or controlled by any political party,
12 political committee, or candidate;’’.
13 SEC. 743. APPLICATION OF DISCLAIMER STATEMENTS TO
14 ONLINE COMMUNICATIONS.
15 (a) CLEAR AND CONSPICUOUS MANNER REQUIRE-
16 MENT.—Subsection (a) of section 318 of the Federal Elec-
17 tion Campaign Act of 1971 (52 U.S.C. 30120(a)) is
18 amended—
19 (1) by striking ‘‘shall clearly state’’ each place
20 it appears in paragraphs (1), (2), and (3) and in-
21 serting ‘‘shall state in a clear and conspicuous man-
22 ner’’; and
23 (2) by adding at the end the following flush
24 sentence: ‘‘For purposes of this section, a commu-
25 nication does not make a statement in a clear and

HEN20B91 32X

S.L.C.

460

1 conspicuous manner if it is difficult to read or hear
2 or if the placement is easily overlooked.’’.
3 (b) SPECIAL RULES FOR QUALIFIED INTERNET OR
4 DIGITAL COMMUNICATIONS.—
5 (1) IN GENERAL.—Section 318 of such Act (52
6 U.S.C. 30120) is amended by adding at the end the
7 following new subsection:
8 ‘‘(e) SPECIAL RULES FOR QUALIFIED INTERNET OR
9 DIGITAL COMMUNICATIONS.—
10 ‘‘(1) SPECIAL RULES WITH RESPECT TO STATE-
11 MENTS.—In the case of any communication to which
12 this section applies which is a qualified internet or
13 digital communication (as defined in section
14 304(f)(3)(D)) which is disseminated through a me-
15 dium in which the provision of all of the information
16 specified in this section is not possible, the commu-
17 nication shall, in a clear and conspicuous manner—
18 ‘‘(A) state the name of the person who
19 paid for the communication; and
20 ‘‘(B) provide a means for the recipient of
21 the communication to obtain the remainder of
22 the information required under this section with
23 minimal effort and without receiving or viewing
24 any additional material other than such re-
25 quired information.

HEN20B91 32X

S.L.C.

1 2 3 4 5 6 7 8 9

461
‘‘(2) SAFE HARBOR FOR DETERMINING CLEAR

AND CONSPICUOUS MANNER.—A statement in a qualified internet or digital communication (as de- fined in section 304(f)(3)(D)) shall be considered to be made in a clear and conspicuous manner as pro- vided in subsection (a) if the communication meets the following requirements:

‘‘(A) TEXT OR GRAPHIC COMMUNICA- TIONS.—In the case of a text or graphic com- munication, the statement—

‘‘(i) appears in letters at least as large as the majority of the text in the commu- nication; and

‘‘(ii) meets the requirements of para- graphs (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 commu- nication and lasts at least 3 seconds.

‘‘(C) VIDEO COMMUNICATIONS.—In the case of a video communication which also in- cludes audio, the statement—

‘‘(i) is included at either the beginning or the end of the communication; and

HEN20B91 32X

S.L.C.

1 2 3 4 5 6 7 8 9

462
‘‘(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 subpara- graph (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 EXCEP-

10 11 12 13 14

15 TIONS.—The exceptions provided in section
16 110.11(f)(1)(i) and (ii) of title 11, Code of Federal
17 Regulations, or any successor to such rules, shall
18 have no application to qualified internet or digital
19 communications (as defined in section 304(f)(3)(D)
20 of the Federal Election Campaign Act of 1971, as
21 added by this Act).

22 (c) MODIFICATION OF ADDITIONAL REQUIREMENTS
23 FOR CERTAIN COMMUNICATIONS.—Section 318(d) of such
24 Act (52 U.S.C. 30120(d)) is amended—
25 (1) in paragraph (1)(A)—

HEN20B91 32X

S.L.C.

1 2 3 4 5 6 7 8 9

463
(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 for- mat’’.

SEC. 744. POLITICAL RECORD REQUIREMENTS FOR ONLINE PLATFORMS.

(a) IN GENERAL.—Section 304 of the Federal Elec- tion Campaign Act of 1971 (52 U.S.C. 30104), as amend- ed by sections 141 and 733, is further amended by adding at the end the following new subsection:

HEN20B91 32X

S.L.C.

464

1 ‘‘(j) DISCLOSURE OF CERTAIN ONLINE ADVERTISE-
2 MENTS.—
3 ‘‘(1) IN GENERAL.—
4 ‘‘(A) REQUIREMENTS FOR ONLINE PLAT-
5 FORMS.—An online platform shall maintain,
6 and make available for online public inspection
7 in machine readable format, a complete record
8 of any request to purchase on such online plat-
9 form a qualified political advertisement which is
10 made by a person whose aggregate requests to
11 purchase qualified political advertisements on
12 such online platform during the calendar year
13 exceeds $500.
14 ‘‘(B) REQUIREMENTS FOR ADVER-
15 TISERS.—Any person who requests to purchase
16 a qualified political advertisement on an online
17 platform shall provide the online platform with
18 such information as is necessary for the online
19 platform to comply with the requirements of
20 subparagraph (A).
21 ‘‘(2) CONTENTS OF RECORD.—A record main-
22 tained under paragraph (1)(A) shall contain—
23 ‘‘(A) a digital copy of the qualified political
24 advertisement;

HEN20B91 32X

S.L.C.

1 2 3 4 5 6 7 8 9

465
‘‘(B) a description of the audience targeted

by the advertisement, the number of views gen- erated from the advertisement, and the date and time that the advertisement is first dis- played 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 of- fice to which the candidate is seeking elec- tion, the election to which the advertise- ment 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

HEN20B91 32X

S.L.C.

1 2 3 4 5 6 7 8 9

466
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 ap- plication (including a social network, ad network, or search engine) which—

‘‘(A) sells qualified political advertise- ments; 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.— purposes of this subsection, the term ‘qualified

For
political advertisement’ means any advertisement (including search engine marketing, display adver- tisements, video advertisements, native advertise- ments, and sponsorships) that—

‘‘(A) is made by or on behalf of a can- didate; or

‘‘(B) communicates a message relating to any political matter of national importance, in- cluding—

HEN20B91 32X

S.L.C.

1 2 3 4 5 6 7 8 9

467
‘‘(i) a candidate;

‘‘(ii) any election to Federal office; or

‘‘(iii) a national legislative issue of public importance.

‘‘(5) TIME TO MAINTAIN FILE.—The informa- tion 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 plat- forms, to comply with the requirements of this sub- section, 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 com- mon, machine-readable and publicly accessible for- mat; and

HEN20B91 32X

S.L.C.

1 2 3 4 5 6 7 8 9

468
(2) establishing search interface requirements

relating to such record, including searches by can- didate name, issue, purchaser, and date.
(c) REPORTING.—Not later than 2 years after the

date of the enactment of this Act, and biannually there- after, 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 DIS- BURSEMENTS FOR ELECTIONEERING COM- MUNICATIONS 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,

HEN20B91 32X

S.L.C.

1 2 3 4 5 6 7 8 9

469
is amended by adding at the end the following new sub-

section:
‘‘(e) Each television or radio broadcast station, pro-

vider 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 indi- rectly.’’.

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 FI-

NANCING OF SENATE ELEC-

TION CAMPAIGNS
‘‘Subtitle A—General Provisions

‘‘SEC. 501. DEFINITIONS.

‘‘In this title:

HEN20B91 32X

S.L.C.

1 2 3 4 5 6 7 8 9

470
‘‘(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 par- ticipating candidate for qualified small dollar con- tributions, as provided under section 524.

‘‘(4) ENHANCED SUPPORT QUALIFYING PE- RIOD.—The term ‘enhanced support qualifying pe- riod’ 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 pe- riod—

‘‘(A) beginning on the date on which the candidate files a statement of intent under sec- tion 511(a)(1); and

HEN20B91 32X

S.L.C.

1 2 3 4 5 6 7 8 9

471
‘‘(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 pre- scribed by State law as the last day to qualify for a position on the general elec- tion 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 posi- tion on the general election ballot.
‘‘(7) FUND.—The term ‘Fund’ means the Free-

dom From Influence Fund established by section 502.

‘‘(8) IMMEDIATE FAMILY.—The term ‘imme- diate family’ means, with respect to any candidate—

‘‘(A) the candidate’s spouse;

‘‘(B) a child, stepchild, parent, grand- parent, brother, half-brother, sister, or half-sis-

HEN20B91 32X

S.L.C.

1 2 3 4 5 6 7 8 9

472
ter 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 Sen- ator who is certified under section 514 as being eli- gible 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

HEN20B91 32X

S.L.C.

1 2 3 4 5 6 7 8 9

473
‘‘(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 CONTRIBU- TION.—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

HEN20B91 32X

S.L.C.

1 2 3 4 5 6 7 8 9

474
‘‘(ii) the amount per election deter-

mined by the Commission under section

531.
‘‘(14) QUALIFYING MULTICANDIDATE POLIT-

ICAL 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 multi- candidate political committee (within the mean- ing of section 315(a)(2)).

‘‘(B) QUALIFIED ACCOUNT.—For purposes of subparagraph (A), the term ‘qualified ac- count’ means, with respect to a multicandidate political committee, a separate, segregated ac- count of the committee that consists solely of contributions which meet the following require- ments:

‘‘(i) All contributions to such account are made by individuals who are not pro- hibited from making contributions under this Act.

‘‘(ii) The aggregate amount of con- tributions from each individual to such ac- count and all other accounts of the polit-

HEN20B91 32X

S.L.C.

1 2 3 4 5 6 7 8 9

475
ical 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 Influ- ence Fund’.

‘‘(b) AMOUNTS HELD BY FUND.—The Fund shall consist of the following amounts:

‘‘(1) ASSESSMENTS AGAINST FINES, SETTLE- MENTS, 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 ob-

ligations held by the Fund under subsection (c).

‘‘(c) INVESTMENT.—The Commission shall invest portions of the Fund in obligations of the United States

HEN20B91 32X

S.L.C.

476

1 in the same manner as provided under section 9602(b)
2 of the Internal Revenue Code of 1986.
3 ‘‘(d) USE OF FUND TO MAKE PAYMENTS TO PAR-
4 TICIPATING CANDIDATES.—
5 ‘‘(1) PAYMENTS TO PARTICIPATING CAN-
6 DIDATES.—Amounts in the Fund shall be available
7 without further appropriation or fiscal year limita-
8 tion to make payments to participating candidates
9 as provided in this title.
10 ‘‘(2) MANDATORY REDUCTION OF PAYMENTS IN
11 CASE OF INSUFFICIENT AMOUNTS IN FUND.—
12 ‘‘(A) ADVANCE AUDITS BY COMMISSION.—
13 Not later than 90 days before the first day of
14 each election cycle (beginning with the first
15 election cycle that begins after the date of the
16 enactment of this title), the Commission shall—
17 ‘‘(i) audit the Fund to determine
18 whether the amounts in the Fund will be
19 sufficient to make payments to partici-
20 pating candidates in the amounts provided
21 in this title during such election cycle; and
22 ‘‘(ii) submit a report to Congress de-
23 scribing the results of the audit.
24 ‘‘(B) REDUCTIONS IN AMOUNT OF PAY-
25 MENTS.—

HEN20B91 32X

S.L.C.

1 2 3 4 5 6 7 8 9

477
‘‘(i) AUTOMATIC REDUCTION ON PRO

RATA BASIS.—If, on the basis of the audit described in subparagraph (A), the Com- mission determines that the amount antici- pated to be available in the Fund with re- spect 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 nec- essary 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 partici- pating candidates with respect to an elec- tion cycle under clause (i), the Commission

HEN20B91 32X

S.L.C.

1 2 3 4 5 6 7 8 9

478
determines that there are sufficient

amounts in the Fund to restore the amount by which such payments were re- duced (or any portion thereof), to the ex- tent that such amounts are available, the Commission may make a payment on a pro rata basis to each such participating can- didate with respect to the election cycle in the amount by which such candidate’s pay- ments 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 avail- able from any other source for the purpose of making such payments.

20 ‘‘(e) USE OF FUND TO MAKE OTHER PAYMENTS.—
21 In addition to the use described in subsection (d), amounts
22 in the Fund shall be available without further appropria-
23 tion or fiscal year limitation—

24 ‘‘(1) to make payments under chapter 95 of
25 subtitle H of the Internal Revenue Code of 1986

HEN20B91 32X

S.L.C.

1 2 3 4 5 6 7 8 9

479
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 ef-

fect 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 eligi- ble 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 partici- pating candidate under this title during the period beginning on the Fair Elections start date and end- ing on the last day of the Fair Elections qualifying period.

‘‘(2) The candidate meets the qualifying con- tribution requirements of section 512.

‘‘(3) Not later than the last day of the Fair Elections qualifying period, the candidate files with

HEN20B91 32X

S.L.C.

1 2 3 4 5 6 7 8 9

480
the Commission an affidavit signed by the candidate

and the treasurer of the candidate’s principal cam- paign 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 non- participating 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 sub- section (a), a candidate shall not be eligible to receive an allocation from the Fund for a general election or a gen- eral 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 Elec- tions qualifying period, the candidate obtains—

‘‘(1) a number of qualifying contributions equal to the greater of—

HEN20B91 32X

S.L.C.

1 2 3 4 5 6 7 8 9

481 ‘‘(A) the sum of—

‘‘(i) 2,000; plus

‘‘(ii) 500 for each congressional dis- trict in the State with respect to which the candidate is seeking election; or
‘‘(B) the amount determined by the Com-

mission under section 531; and

‘‘(2) a total dollar amount of qualifying con- tributions equal to the greater of—

‘‘(A) 10 percent of the amount of the allo- cation such candidate would be entitled to re- ceive for the primary election under section 522(c)(1) (determined without regard to para- graph (5) thereof) if such candidate were a par- ticipating candidate; or

‘‘(B) the amount determined by the Com- mission under section 531.

‘‘(b) REQUIREMENTS RELATING TO RECEIPT OF QUALIFYING CONTRIBUTION.—Each qualifying contribu- tion—

‘‘(1) may be made by means of a personal check, money order, debit card, credit card, or elec- tronic payment account;

‘‘(2) shall be accompanied by a signed state- ment containing—

HEN20B91 32X

S.L.C.

1 2 3 4 5 6 7 8 9

482
‘‘(A) the contributor’s name and the con-

tributor’s address in the State in which the con- tributor is registered to vote; and

‘‘(B) an oath declaring that the contrib- utor—

‘‘(i) understands that the purpose of the qualifying contribution is to show sup- port for the candidate so that the can- didate may qualify for Fair Elections fi- nancing;

‘‘(ii) is making the contribution in his or her own name and from his or her own funds;

‘‘(iii) has made the contribution will- ingly; 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 can- didate 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 elec- tion.
‘‘(c) VERIFICATION OF QUALIFYING CONTRIBU-

TIONS.—The Commission shall establish procedures for

HEN20B91 32X

S.L.C.

1 2 3 4 5 6 7 8 9

483
the auditing and verification of qualifying contributions to

ensure that such contributions meet the requirements of this section.
‘‘SEC. 513. CONTRIBUTION AND EXPENDITURE REQUIRE-

MENTS.

‘‘(a) GENERAL RULE.—A candidate for Senator meets the requirements of this section if, during the elec- tion cycle of the candidate, the candidate—

‘‘(1) except as provided in subsection (b), ac- cepts no contributions other than—

‘‘(A) qualifying contributions;
‘‘(B) qualified small dollar contributions; ‘‘(C) qualifying multicandidate political

committee contributions;
‘‘(D) allocations from the Fund under sec-

tion 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;

HEN20B91 32X

S.L.C.

1 2 3 4 5 6 7 8 9

484
‘‘(B) qualified small dollar contributions;

‘‘(C) qualifying multicandidate political committee contributions;

‘‘(D) allocations from the Fund under sec- tion 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 po- litical party in coordination with a participating candidate shall not be treated as a contribution to or as an expendi- ture 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 de- scribed in subsection (a)(1) from any person if—

HEN20B91 32X

S.L.C.

1 2 3 4 5 6 7 8 9

485
‘‘(1) the aggregate contributions from such per-

son for any calendar year do not exceed $200; and ‘‘(2) no portion of such contributions is dis- bursed in connection with the campaign of the par-

ticipating 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 con- tributions, 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.

HEN20B91 32X S.L.C. 486

1 ‘‘(b) REVOCATION OF CERTIFICATION.—

‘‘(1) IN GENERAL.—The Commission may re-

3 voke a certification under subsection (a) if—
4 ‘‘(A) a candidate fails to qualify to appear
5 on the ballot at any time after the date of cer-
6 tification; or
7 ‘‘(B) a candidate otherwise fails to comply
8 with the requirements of this title, including
9 any regulatory requirements prescribed by the

10 Commission.
11 ‘‘(2) REPAYMENT OF BENEFITS.—If certifi-
12 cation is revoked under paragraph (1), the candidate
13 shall repay to the Fund an amount equal to the
14 value of benefits received under this title plus inter-
15 est (at a rate determined by the Commission) on any
16 such amount received.
17 ‘‘Subtitle C—Benefits
18 ‘‘SEC. 521. BENEFITS FOR PARTICIPATING CANDIDATES.
19 ‘‘(a) IN GENERAL.—For each election with respect
20 to which a candidate is certified as a participating can-
21 didate under section 514, such candidate shall be entitled
22 to—

23 24 25

‘‘(1) an allocation from the Fund to make or obligate to make expenditures with respect to such election, as provided in section 522;

HEN20B91 32X

S.L.C.

1 2 3 4 5 6 7 8 9

487
‘‘(2) matching contributions, as provided in sec-

tion 523;
‘‘(3) enhanced matching contributions, as pro-

vided 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 FUND.—Allocations from the Fund received by a par-

THE
ticipating candidate under section 522, matching contribu- tions under section 523, and enhanced matching contribu- tions 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 partici- pating candidate appeared on the ballot, such par- ticipating candidate shall remit to the Commission for deposit in the Fund an amount equal to the less-

er of—
‘‘(A) the amount of money in the can-

didate’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

HEN20B91 32X

S.L.C.

1 2 3 4 5 6 7 8 9

488
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 run- off 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 allo- cations from the Fund under section 521(a)(1) to a par- ticipating 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 par- ticipating 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 re- sults of the primary election or the primary runoff election; or

‘‘(B) in any case in which there is no pri- mary election, the date the candidate qualifies to be placed on the ballot; and

HEN20B91 32X

S.L.C.

489
‘‘(3) in the case of a primary runoff election or

2 a general runoff election, not later than 48 hours
3 after the certification of the results of the primary
4 election or the general election, as the case may be.
5 ‘‘(b) METHOD OF PAYMENT.—The Commission shall
6 distribute funds available to participating candidates
7 under this section through the use of an electronic funds
8 exchange or a debit card.
9 ‘‘(c) AMOUNTS.—
10 ‘‘(1) PRIMARY ELECTION ALLOCATION; INITIAL
11 ALLOCATION.—Except as provided in paragraph (5),
12 the Commission shall make an allocation from the
13 Fund for a primary election to a participating can-
14 didate in an amount equal to 67 percent of the base
15 amount with respect to such participating candidate.
16 ‘‘(2) PRIMARY RUNOFF ELECTION ALLOCA-
17 TION.—The Commission shall make an allocation
18 from the Fund for a primary runoff election to a
19 participating candidate in an amount equal to 25
20 percent of the amount the participating candidate
21 was eligible to receive under this section for the pri-
22 mary election.
23 ‘‘(3) GENERAL ELECTION ALLOCATION.—Ex-
24 cept as provided in paragraph (5), the Commission
25 shall make an allocation from the Fund for a gen-

HEN20B91 32X

S.L.C.

490

1 eral election to a participating candidate in an
2 amount equal to the base amount with respect to
3 such candidate.
4 ‘‘(4) GENERAL RUNOFF ELECTION ALLOCA-
5 TION.—The Commission shall make an allocation
6 from the Fund for a general runoff election to a par-
7 ticipating candidate in an amount equal to 25 per-
8 cent of the base amount with respect to such can-
9 didate.
10 ‘‘(5) UNCONTESTED ELECTIONS.—
11 ‘‘(A) IN GENERAL.—In the case of a pri-
12 mary or general election that is an uncontested
13 election, the Commission shall make an alloca-
14 tion from the Fund to a participating candidate
15 for such election in an amount equal to 25 per-
16 cent of the allocation which such candidate
17 would be entitled to under this section for such
18 election if this paragraph did not apply.
19 ‘‘(B) UNCONTESTED ELECTION DE-
20 FINED.—For purposes of this subparagraph, an
21 election is uncontested if not more than 1 can-
22 didate has campaign funds (including payments
23 from the Fund) in an amount equal to or great-
24 er than 10 percent of the allocation a partici-
25 pating candidate would be entitled to receive

HEN20B91 32X

S.L.C.

1 2 3 4 5 6 7 8 9

491
under this section for such election if this para-

graph did not apply. ‘‘(d) BASE AMOUNT.—

‘‘(1) IN GENERAL.—Except as otherwise pro- vided 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 Com-

mission 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 dif- ference between the price index (as defined in section 315(c)(2)(A)) for the 12 months pre- ceding 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

HEN20B91 32X

S.L.C.

492
in which the amount is increased and ending on

1 2 3 4 5 6

7 ‘‘SEC. 523. MATCHING PAYMENTS FOR QUALIFIED SMALL
8 DOLLAR CONTRIBUTIONS.

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.

9 ‘‘(a) IN GENERAL.—The Commission shall pay to
10 each participating candidate an amount equal to 600 per-
11 cent of the amount of qualified small dollar contributions
12 received by the candidate from individuals who are resi-
13 dents of the State in which such participating candidate
14 is seeking election after the date on which such candidate
15 is certified under section 514.
16 ‘‘(b) LIMITATION.—The aggregate payments under
17 subsection (a) with respect to any candidate shall not ex-

18 ceed 19
20
21

22 23 24

the greater of—
‘‘(1) 400 percent of the allocation such can-

didate is entitled to receive for such election under section 522 (determined without regard to sub- section (c)(5) thereof); or

‘‘(2) the percentage of such allocation deter- mined by the Commission under section 531.

HEN20B91 32X

S.L.C.

1 2 3 4 5 6 7 8 9

493
‘‘(c) TIME OF PAYMENT.—The Commission shall

make payments under this section not later than 2 busi- ness days after the receipt of a report made under sub- section (d).

‘‘(d) REPORTS.—
‘‘(1) IN GENERAL.—Each participating can-

didate shall file reports of receipts of qualified small dollar contributions at such times and in such man- ner 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 can- didate is seeking election; and

‘‘(C) the name, address, and occupation of each individual who made a qualified small dol- lar 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;

HEN20B91 32X

S.L.C.

1 2 3 4 5 6 7 8 9

494
‘‘(B) once every week after the period de-

scribed in subparagraph (A) and until the date that is 21 days before the election; and

‘‘(C) once every day after the period de- scribed in subparagraph (B).
‘‘(4) LIMITATION ON REGULATIONS.—The

Commission may not prescribe any regulations with respect to reporting under this subsection with re- spect 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 pay- ment 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 sec- tion.

‘‘(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 gen- eral election for the office the candidate seeks.

HEN20B91 32X

S.L.C.

495
‘‘(2) The candidate is certified as a partici-

2 pating candidate under this title with respect to the
3 election.
4 ‘‘(3) During the enhanced support qualifying
5 period, the candidate receives qualified small dollar
6 contributions in a total amount of not less than the
7 sum of $15,000 for each congressional district in the
8 State with respect to which the candidate is seeking
9 election.
10 ‘‘(4) During the enhanced support qualifying
11 period, the candidate submits to the Commission a
12 request for the payment which includes—
13 ‘‘(A) a statement of the number and
14 amount of qualified small dollar contributions
15 received by the candidate during the enhanced
16 support qualifying period;
17 ‘‘(B) a statement of the amount of the
18 payment the candidate anticipates receiving
19 with respect to the request; and
20 ‘‘(C) such other information and assur-
21 ances as the Commission may require.
22 ‘‘(5) After submitting a request for the addi-
23 tional payment under paragraph (4), the candidate
24 does not submit any other application for an addi-
25 tional payment under this title.

HEN20B91 32X

S.L.C.

496

1 ‘‘(c) AMOUNT.—
2 ‘‘(1) IN GENERAL.—Subject to paragraph (2),
3 the amount of the additional payment made to an el-
4 igible candidate under this subtitle shall be an
5 amount equal to 50 percent of—
6 ‘‘(A) the amount of the payment made to
7 the candidate under section 523 with respect to
8 the qualified small dollar contributions which
9 are received by the candidate during the en-
10 hanced support qualifying period (as included in
11 the request submitted by the candidate under
12 (b)(4)(A)); or
13 ‘‘(B) in the case of a candidate who is not
14 eligible to receive a payment under section 523
15 with respect to such qualified small dollar con-
16 tributions because the candidate has reached
17 the limit on the aggregate amount of payments
18 under section 523, the amount of the payment
19 which would have been made to the candidate
20 under section 523 with respect to such qualified
21 small dollar contributions if the candidate had
22 not reached such limit.
23 ‘‘(2) LIMIT.—The amount of the additional
24 payment determined under paragraph (1) with re-
25 spect to a candidate may not exceed the sum of

HEN20B91 32X

S.L.C.

497

1 $150,000 for each congressional district in the State
2 with respect to which the candidate is seeking elec-
3 tion.
4 ‘‘(3) NO EFFECT ON AGGREGATE LIMIT.—The
5 amount of the additional payment made to a can-
6 didate under this section shall not be included in de-
7 termining the aggregate amount of payments made
8 to a participating candidate with respect to an elec-
9 tion cycle under section 523.
10 ‘‘SEC. 525. POLITICAL ADVERTISING VOUCHERS.
11 ‘‘(a) IN GENERAL.—The Commission shall establish
12 and administer a voucher program for the purchase of
13 airtime on broadcasting stations for political advertise-
14 ments in accordance with the provisions of this section.
15 ‘‘(b) CANDIDATES.—The Commission shall only dis-
16 burse vouchers under the program established under sub-
17 section (a) to participants certified pursuant to section
18 514 who have agreed in writing to keep and furnish to
19 the Commission such records, books, and other informa-
20 tion as it may require.
21 ‘‘(c) AMOUNTS.—The Commission shall disburse
22 vouchers to each candidate certified under subsection (b)
23 in an aggregate amount equal to the greater of—

HEN20B91 32X

S.L.C.

498
‘‘(1) $100,000 multiplied by the number of con-

2 gressional districts in the State with respect to
3 which such candidate is running for office; or
4 ‘‘(2) the amount determined by the Commission
5 under section 531.
6 ‘‘(d) USE.—
7 ‘‘(1) EXCLUSIVE USE.—Vouchers disbursed by
8 the Commission under this section may be used only
9 for the purchase of broadcast airtime for political
10 advertisements relating to a general election for the
11 office of Senate by the participating candidate to
12 which the vouchers were disbursed, except that—
13 ‘‘(A) a candidate may exchange vouchers
14 with a political party under paragraph (2); and
15 ‘‘(B) a political party may use vouchers
16 only to purchase broadcast airtime for political
17 advertisements for generic party advertising (as
18 defined by the Commission in regulations), to
19 support candidates for State or local office in a
20 general election, or to support participating
21 candidates of the party in a general election for
22 Federal office, but only if it discloses the value
23 of the voucher used as an expenditure under
24 section 315(d).

HEN20B91 32X

S.L.C.

499
‘‘(2) EXCHANGE WITH POLITICAL PARTY COM-

2 MITTEE.—
3 ‘‘(A) IN GENERAL.—A participating can-
4 didate who receives a voucher under this section
5 may transfer the right to use all or a portion
6 of the value of the voucher to a committee of
7 the political party of which the individual is a
8 candidate (or, in the case of a participating
9 candidate who is not a member of any political
10 party, to a committee of the political party of
11 that candidate’s choice) in exchange for money
12 in an amount equal to the cash value of the
13 voucher or portion exchanged.
14 ‘‘(B) CONTINUATION OF CANDIDATE OBLI-
15 GATIONS.—The transfer of a voucher, in whole
16 or in part, to a political party committee under
17 this paragraph does not release the candidate
18 from any obligation under the agreement made
19 under subsection (b) or otherwise modify that
20 agreement or its application to that candidate.
21 ‘‘(C) PARTY COMMITTEE OBLIGATIONS.—
22 Any political party committee to which a vouch-
23 er or portion thereof is transferred under sub-
24 paragraph (A)—

HEN20B91 32X

S.L.C.

1 2 3 4 5 6 7 8 9

500
‘‘(i) shall account fully, in accordance

with such requirements as the Commission may establish, for the receipt of the vouch- er; and

‘‘(ii) may not use the transferred voucher or portion thereof for any purpose other than a purpose described in para- graph (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 por- tion 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 report- ing requirements of title III of this Act; and

‘‘(iii) the amount, if identified as a ‘voucher exchange’, shall not be considered

HEN20B91 32X

S.L.C.

1 2 3 4 5 6 7 8 9

501
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 ac- cordance with this section.

‘‘(3) REDEMPTION.—The Commission shall re- deem vouchers accepted by broadcasting stations under paragraph (2) upon presentation, subject to such documentation, verification, accounting, and application requirements as the Commission may im- pose 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 polit- ical advertisements to be broadcast before mid-

HEN20B91 32X

S.L.C.

1 2 3 4 5 6 7 8 9

502
night 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 broad- cast 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 Commis- sion.

10 11 12 13

14 FECA.—The use of a voucher to purchase broadcast
15 airtime constitutes an expenditure as defined in sec-
16 tion 301(9)(A).

‘‘(5) VOUCHER AS EXPENDITURE UNDER

17 ‘‘(f) DEFINITIONS.—In this section:
18 ‘‘(1) BROADCASTING STATION.—The term
19 ‘broadcasting station’ has the meaning given that
20 term by section 315(f)(1) of the Communications
21 Act of 1934.
22 ‘‘(2) POLITICAL PARTY.—The term ‘political
23 party’ means a major party or a minor party as de-
24 fined in section 9002 (3) or (4) of the Internal Rev-
25 enue Code of 1986 (26 U.S.C. 9002 (3) or (4)).

HEN20B91 32X

S.L.C.

1 2 3 4 5 6 7 8 9

503

‘‘Subtitle D—Administrative Provisions
‘‘SEC. 531. DUTIES OF THE FEDERAL ELECTION COMMIS-

SION.

‘‘(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 moni-

toring and enforcing the limits on the rais- ing of qualified small dollar contributions; ‘‘(iii) monitoring the raising of quali- fying multicandidate political committee contributions through effectively and effi- ciently monitoring and enforcing the limits on individual contributions to qualified ac- counts of multicandidate political commit-

tees;
‘‘(iv) effectively and efficiently moni-

toring and enforcing the limits on the use

HEN20B91 32X

S.L.C.

1 2 3 4 5 6 7 8 9

504
of personal funds by participating can-

didates;
‘‘(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 vouch- er 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 elec- tions.
‘‘(2) REVIEW OF FAIR ELECTIONS FINANC-

ING.—
‘‘(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, in- cluding—

‘‘(i) the maximum dollar amount of qualified small dollar contributions under section 501(13);

‘‘(ii) the maximum and minimum dol- lar amounts for qualifying contributions under section 501(12);

HEN20B91 32X

S.L.C.

1 2 3 4 5 6 7 8 9

505
‘‘(iii) the number and value of quali-

fying 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 match- ing contributions a candidate may receive under section 523;

‘‘(vi) the maximum amount of en- hanced matching contributions a candidate may receive under section 524;

‘‘(vii) the amount and usage of vouch- ers under section 525;

‘‘(viii) the overall satisfaction of par- ticipating candidates and the American public with the program; and

‘‘(ix) such other matters relating to fi- nancing of Senate campaigns as the Com- mission determines are appropriate.
‘‘(B) CRITERIA FOR REVIEW.—In con-

ducting the review under subparagraph (A), the Commission shall consider the following:

HEN20B91 32X

S.L.C.

1 2 3 4 5 6 7 8 9

506
‘‘(i) QUALIFYING CONTRIBUTIONS

AND QUALIFIED SMALL DOLLAR CON- TRIBUTIONS.—The Commission shall con- sider whether the number and dollar amount of qualifying contributions re- quired and maximum dollar amount for such qualifying contributions and qualified small dollar contributions strikes a balance regarding the importance of voter involve- ment, the need to assure adequate incen- tives for participating, and fiscal responsi- bility, taking into consideration the num- ber of primary and general election partici- pating candidates, the electoral perform- ance of those candidates, program cost, and any other information the Commission determines is appropriate.

‘‘(ii) REVIEW OF PROGRAM BENE- FITS.—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 contribu- tions), allocations from the Fund under section 522, matching contributions under

HEN20B91 32X

S.L.C.

1 2 3 4 5 6 7 8 9

507
section 523, enhanced matching contribu-

tions 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 ac- count 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 re- view conducted under subparagraph (A), the Commission shall provide for the ad- justments of the following amounts:

‘‘(I) The maximum dollar amount of qualified small dollar con- tributions under section 501(13)(C).

‘‘(II) The maximum and min- imum 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).

HEN20B91 32X

S.L.C.

1 2 3 4 5 6 7 8 9

508
‘‘(IV) The base amount for can-

didates 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 Commis- shall promulgate regulations providing

sion
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 Con- gress on the review conducted under subpara- graph (A). Such report shall contain a detailed statement of the findings, conclusions, and rec- ommendations of the Commission based on such review.

‘‘(b)
every 2 years thereafter, the Commission shall submit to the Senate Committee on Rules and Administration a re-

REPORTS.—Not later than March 30, 2024, and

HEN20B91 32X

S.L.C.

509

1 port documenting, evaluating, and making recommenda-
2 tions relating to the administrative implementation and
3 enforcement of the provisions of this title.
4 ‘‘(c) AUTHORIZATION OF APPROPRIATIONS.—There
5 are authorized to be appropriated such sums as are nec-
6 essary to carry out the purposes of this subtitle.
7 ‘‘SEC. 532. VIOLATIONS AND PENALTIES.
8 ‘‘(a) CIVIL PENALTY FOR VIOLATION OF CONTRIBU-
9 TION AND EXPENDITURE REQUIREMENTS.—If a can-
10 didate who has been certified as a participating candidate
11 under section 514 accepts a contribution or makes an ex-
12 penditure that is prohibited under section 513, the Com-
13 mission shall assess a civil penalty against the candidate
14 in an amount that is not more than 3 times the amount
15 of the contribution or expenditure. Any amounts collected
16 under this subsection shall be deposited into the Fund.
17 ‘‘(b) REPAYMENT FOR IMPROPER USE OF FREEDOM
18 FROM INFLUENCE FUND.—
19 ‘‘(1) IN GENERAL.—If the Commission deter-
20 mines that any benefit made available to a partici-
21 pating candidate under this title was not used as
22 provided for in this title or that a participating can-
23 didate has violated any of the dates for remission of
24 funds contained in this title, the Commission shall

HEN20B91 32X

S.L.C.

1 2 3 4 5 6 7 8 9

510
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 pro- ceedings by the Commission in accordance with sec- tion 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 COM- MITTEES 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 para- graph (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

HEN20B91 32X

S.L.C.

1 2 3 4 5 6 7 8 9

511
a qualified political party-participating candidate co-

ordinated expenditure fund.
‘‘(B) In this paragraph, the term ‘qualified po-

litical party-participating candidate coordinated ex- penditure fund’ means a fund established by the na- tional committee of a political party, or a State com- mittee 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 co- ordinated expenditure contribution’ means, with re- spect to the general election campaign of a candidate for election to the office of Senator who is a partici- pating 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.’’.

HEN20B91 32X

S.L.C.

512

1 SEC. 753. ASSESSMENTS AGAINST FINES AND PENALTIES.
2 (a) ASSESSMENTS RELATING TO CRIMINAL OF-
3 FENSES.—
4 (1) IN GENERAL.—Chapter 201 of title 18,
5 United States Code, is amended by adding at the
6 end the following new section:
7 ‘‘§ 3015. Special assessments for Freedom From Influ-
8 ence Fund
9 ‘‘(a) ASSESSMENTS.—
10 ‘‘(1) CONVICTIONS OF CRIMES.—In addition to
11 any assessment imposed under this chapter, the
12 court shall assess on any organizational defendant or
13 any defendant who is a corporate officer or person
14 with equivalent authority in any other organization
15 who is convicted of a criminal offense under Federal
16 law an amount equal to 2.75 percent of any fine im-
17 posed on that defendant in the sentence imposed for
18 that conviction.
19 ‘‘(2) SETTLEMENTS.—The court shall assess on
20 any organizational defendant or defendant who is a
21 corporate officer or person with equivalent authority
22 in any other organization who has entered into a
23 settlement agreement or consent decree with the
24 United States in satisfaction of any allegation that
25 the defendant committed a criminal offense under

HEN20B91 32X

S.L.C.

1 2 3 4 5 6 7 8 9

10 11 12 13 14

513
Federal law an amount equal to 2.75 percent of the

amount of the settlement.

‘‘(b) MANNER OF COLLECTION.—An amount as- sessed under subsection (a) shall be collected in the man- ner in which fines are collected in criminal cases.

‘‘(c) TRANSFERS.—In a manner consistent with sec- tion 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 sec-

tions 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 PEN- ALTIES.—

(1) IN GENERAL.—Chapter 97 of title 31, United States Code, is amended by adding at the end the following new section:

‘‘§ 9707. Special assessments for Freedom From Influ- ence Fund

‘‘(a) ASSESSMENTS.—
‘‘(1) CIVIL PENALTIES.—Any entity of the Fed-

eral Government which is authorized under any law, rule, or regulation to impose a civil penalty shall as-

HEN20B91 32X

S.L.C.

514

1 sess on each person, other than a natural person
2 who is not a corporate officer or person with equiva-
3 lent authority in any other organization, on whom
4 such a penalty is imposed an amount equal to 2.75
5 percent of the amount of the penalty.
6 ‘‘(2) ADMINISTRATIVE PENALTIES.—Any entity
7 of the Federal Government which is authorized
8 under any law, rule, or regulation to impose an ad-
9 ministrative penalty shall assess on each person,
10 other than a natural person who is not a corporate
11 officer or person with equivalent authority in any
12 other organization, on whom such a penalty is im-
13 posed an amount equal to 2.75 percent of the
14 amount of the penalty.
15 ‘‘(3) SETTLEMENTS.—Any entity of the Federal
16 Government which is authorized under any law, rule,
17 or regulation to enter into a settlement agreement or
18 consent decree with any person, other than a natural
19 person who is not a corporate officer or person with
20 equivalent authority in any other organization, in
21 satisfaction of any allegation of an action or omis-
22 sion by the person which would be subject to a civil
23 penalty or administrative penalty shall assess on
24 such person an amount equal to 2.75 percent of the
25 amount of the settlement.

HEN20B91 32X

S.L.C.

515

1 ‘‘(b) MANNER OF COLLECTION.—An amount as-
2 sessed under subsection (a) shall be collected—

3 4 5 6 7 8 9

‘‘(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.

17 tion
18 the General Fund of the Treasury to the Freedom From
19 Influence Fund under section 502 of the Federal Election
20 Campaign Act of 1971 an amount equal to the amount
21 of the assessments collected under this section.

‘‘(c) TRANSFERS.—In a manner consistent with sec- 3302(b) of this title, there shall be transferred from

22 ‘‘(d) EXCEPTION FOR PENALTIES AND SETTLE-
23 MENTS UNDER AUTHORITY OF THE INTERNAL REVENUE
24 CODE OF 1986.—

HEN20B91 32X

S.L.C.

1 2 3 4 5 6 7 8 9

10 11 12 13

516
‘‘(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 In- ternal Revenue Code of 1986, see section 6761 of the Internal Revenue Code of 1986.’’.

(2) CLERICAL AMENDMENT.—The table of sec-

tions 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.’’.

(1) IN GENERAL.—Chapter 68 of the Internal Revenue Code of 1986 is amended by adding at the end the following new subchapter:

HEN20B91 32X

S.L.C.

1 2 3 4 5 6 7 8 9

517

‘‘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 sec- tion, 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.

HEN20B91 32X

S.L.C.

1 2 3 4 5 6 7 8 9

21 22 23 24

518
‘‘(d) APPLICATION OF CERTAIN RULES.—Except as

provided in subsection (e), the additional amount deter- mined 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 sec- tion 502 of the Federal Election Campaign Act of 1971 an amount equal to the amounts so deposited (and, not- withstanding subsection (d), such additional amount shall not be the basis for any deposit, transfer, credit, appro- priation, 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 sub-

chapters 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 para-

graph (2), the amendments made by this section shall apply with respect to convictions, agreements,

HEN20B91 32X

S.L.C.

1 2 3 4 5 6 7 8 9

519
and penalties which occur on or after the date of the

enactment of this Act.
(2) ASSESSMENTS RELATING TO CERTAIN PEN-

ALTIES 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

HEN20B91 32X

S.L.C.

1 2 3 4 5 6 7 8 9

520
(B) by striking ‘‘authorized committees’’

and all that follows through ‘‘$250’’ and insert- ing ‘‘authorized committees’’.
(2) MATCHABLE CONTRIBUTIONS.—Section

9034 of such Code is amended—
(A) by striking the last sentence of sub-

section (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 can- didate with respect to which the candidate has cer- tified in writing that—

‘‘(A) the individual making such contribu- tion has not made aggregate contributions (in- cluding such matchable contribution) to such candidate and the authorized committees of such candidate in excess of $1,000 for the elec- tion;

HEN20B91 32X

S.L.C.

1 2 3 4 5 6 7 8 9

521
‘‘(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 con- tribution.

‘‘(2) CONTRIBUTION.—For purposes of this

10 subsection, the term ‘contribution’ means a gift of
11 money made by a written instrument which identi-
12 fies the individual making the contribution by full
13 name and mailing address, but does not include a
14 subscription, loan, advance, or deposit of money, or
15 anything of value or anything described in subpara-
16 graph (B), (C), or (D) of section 9032(4).
17 ‘‘(3) DIRECT CONTRIBUTION.—
18 ‘‘(A) IN GENERAL.—For purposes of this
19 subsection, the term ‘direct contribution’
20 means, with respect to a candidate, a contribu-
21 tion which is made directly by an individual to
22 the candidate or an authorized committee of the
23 candidate and is not—

HEN20B91 32X

S.L.C.

1 2 3 4 5 6 7 8 9

522
‘‘(i) forwarded from the individual

making the contribution to the candidate or committee by another person; or

‘‘(ii) received by the candidate or com- mittee with the knowledge that the con- tribution was made at the request, sugges- tion, or recommendation of another person. ‘‘(B) OTHER DEFINITIONS.—In subpara-

graph (A)—
‘‘(i) the term ‘person’ does not include

an individual (other than an individual de- scribed in section 304(i)(7) of the Federal Election Campaign Act of 1971), a polit- ical 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 con- tributions 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 estab- lished by, controlled by, or affiliated with a registered lobbyist under such Act, an agent of a registered lobbyist under such

HEN20B91 32X

S.L.C.

1 2 3 4 5 6 7 8 9

523
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 com- mittee 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 in- serting ‘‘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.—Sec- tion 9034(b) of such Code is amended—

(1) by striking ‘‘The total’’ and inserting the following:

‘‘(1) IN GENERAL.—The total’’;

HEN20B91 32X

S.L.C.

524
(2) by striking ‘‘shall not exceed’’ and all that

2 follows and inserting ‘‘shall not exceed
3 $250,000,000.’’; and
4 (3) by adding at the end the following new
5 paragraph:
6 ‘‘(2) INFLATION ADJUSTMENT.—
7 ‘‘(A) IN GENERAL.—In the case of any ap-
8 plicable period beginning after 2029, the dollar
9 amount in paragraph (1) shall be increased by
10 an amount equal to—
11 ‘‘(i) such dollar amount, multiplied by
12 ‘‘(ii) the cost-of-living adjustment de-
13 termined under section 1(f)(3) for the cal-
14 endar year following the year which such
15 applicable period begins, determined by
16 substituting ‘calendar year 2028’ for ‘cal-
17 endar year 1992’ in subparagraph (B)
18 thereof.
19 ‘‘(B) APPLICABLE PERIOD.—For purposes
20 of this paragraph, the term ‘applicable period’
21 means the 4-year period beginning with the
22 first day following the date of the general elec-
23 tion for the office of President and ending on
24 the date of the next such general election.

HEN20B91 32X

S.L.C.

1 2 3 4 5 6 7 8 9

525
‘‘(C) ROUNDING.—If any amount as ad-

justed 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 commit- tees of the candidate will not accept aggregate con- tributions from any person with respect to the nomi- nation for election to the office of President of the United States in excess of $1,000 for the election.’’.

HEN20B91 32X

S.L.C.

1 2 3 4 5 6 7 8 9

526
(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’’.

(1) by striking ‘‘and’’ at the end of paragraph (3);

(2) by striking the period at the end of para- graph (4) and inserting ‘‘, and’’; and

(3) by inserting after paragraph (4) the fol- lowing new paragraph:

‘‘(5) if the candidate is nominated by a political party for election to the office of President, the can- didate will apply for and accept payments with re- spect to the general election for such office in ac- cordance with chapter 95.’’.

HEN20B91 32X

S.L.C.

527

1 (d) PROHIBITION ON JOINT FUNDRAISING COMMIT-
2 TEES.—Section 9033(b) of such Code, as amended by sub-
3 section (c), is amended—
4 (1) by striking ‘‘and’’ at the end of paragraph
5 (4);
6 (2) by striking the period at the end of para-
7 graph (5) and inserting ‘‘; and’’; and
8 (3) by inserting after paragraph (5) adding at
9 the end the following new paragraph:
10 ‘‘(6) the candidate will not establish a joint
11 fundraising committee with a political committee
12 other than another authorized committee of the can-
13 didate, except that candidate established a joint
14 fundraising committee with respect to a prior elec-
15 tion for which the candidate was not eligible to re-
16 ceive payments under section 9037 and the can-
17 didate does not terminate the committee, the can-
18 didate shall not be considered to be in violation of
19 this paragraph so long as that joint fundraising
20 committee does not receive any contributions or
21 make any disbursements during the election cycle for
22 which the candidate is eligible to receive payments
23 under such section.’’.

HEN20B91 32X

S.L.C.

1 2 3 4 5 6 7 8 9

528

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 per- sonal funds, or the personal funds of his immediate family, in connection with his campaign for nomination for elec- tion to the office of President in excess of, in the aggre- gate, $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 per- sonal expenditure limitation under section 9035,’’.

SEC. 764. PERIOD OF AVAILABILITY OF MATCHING PAY- MENTS.

Section 9032(6) of the Internal Revenue Code of 1986 is amended by striking ‘‘the beginning of the cal- endar 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’’.

HEN20B91 32X

S.L.C.

1 2 3 4 5 6 7 8 9

529

SEC. 765. EXAMINATION AND AUDITS OF MATCHABLE CON- TRIBUTIONS.

Section 9038(a) of the Internal Revenue Code of 1986 is amended by inserting ‘‘and matchable contribu- tions accepted by’’ after ‘‘qualified campaign expenses of’’. SEC. 766. MODIFICATION TO LIMITATION ON CONTRIBU-

TIONS FOR PRESIDENTIAL PRIMARY CAN-

DIDATES.

Section 315(a)(6) of the Federal Election Campaign Act of 1971 (52 U.S.C. 30116(a)(6)) is amended by strik- ing ‘‘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 Fed- eral Election Campaign Act of 1971 (hereafter in this sec- tion referred to as the ‘Fund’) and any reference in this

HEN20B91 32X

S.L.C.

530

1 chapter to the matching payment account shall be consid-
2 ered to be a reference to the Fund.
3 ‘‘(b) MANDATORY REDUCTION OF PAYMENTS IN
4 CASE OF INSUFFICIENT AMOUNTS IN FUND.—
5 ‘‘(1) ADVANCE AUDITS BY COMMISSION.—Not
6 later than 90 days before the first day of each Presi-
7 dential election cycle (beginning with the cycle for
8 the election held in 2028), the Commission shall—
9 ‘‘(A) audit the Fund to determine whether,
10 after first making payments to participating
11 candidates under title V of the Federal Election
12 Campaign Act of 1971, the amounts remaining
13 in the Fund will be sufficient to make payments
14 to candidates under this chapter in the amounts
15 provided under this chapter during such elec-
16 tion cycle; and
17 ‘‘(B) submit a report to Congress describ-
18 ing the results of the audit.
19 ‘‘(2) REDUCTIONS IN AMOUNT OF PAYMENTS.—
20 ‘‘(A) AUTOMATIC REDUCTION ON PRO
21 RATA BASIS.—If, on the basis of the audit de-
22 scribed in paragraph (1), the Commission deter-
23 mines that the amount anticipated to be avail-
24 able in the Fund with respect to the Presi-
25 dential election cycle involved is not, or may not

HEN20B91 32X

S.L.C.

1 2 3 4 5 6 7 8 9

531
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 can- didate 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 ex- ceed 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 por- tion thereof), to the extent that such amounts are available, the Commission may make a pay- ment 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 re-

HEN20B91 32X

S.L.C.

532
duced 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 Commis- sion determines that there are insufficient mon- eys in the Fund to make payments to can- didates under this chapter, moneys shall not be made available from any other source for the purpose of making such payments.

1 2 3 4 5 6 7 8 9

11 FOR PEDIATRIC RESEARCH INITIATIVE.—This sec-
12 tion does not apply to the transfer of funds under
13 section 9008(i).
14 ‘‘(4) PRESIDENTIAL ELECTION CYCLE DE-
15 FINED.—In this section, the term ‘Presidential elec-
16 tion cycle’ means, with respect to a Presidential elec-
17 tion, the period beginning on the day after the date
18 of the previous Presidential general election and
19 ending on the date of the Presidential election.’’.
20 (b) CONFORMING AMENDMENTS.—Section 9037(a)
21 of the Internal Revenue Code of 1986 is amended by add-
22 ing at the end the following: ‘‘No amount shall be trans-
23 ferred under this subsection with respect to any Presi-
24 dential election held after 2024, and any amounts remain-
25 ing in such account after payments for such election are

‘‘(3) NO EFFECT ON AMOUNTS TRANSFERRED

HEN20B91 32X

S.L.C.

1 2 3 4 5 6

7 8 9

533
made shall be transferred to the Freedom from Influence

Fund under section 502 of the Federal Election Campaign Act of 1971.’’

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 Rev- enue 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 po- litical party in a Presidential election shall meet the fol- lowing requirements:

‘‘(1) PARTICIPATION IN PRIMARY PAYMENT SYSTEM.—The candidate for President received pay- ments under chapter 96 for the campaign for nomi- nation 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 can- didates,

HEN20B91 32X

S.L.C.

1
2
3
4
5
6
7
8
9 COMMITTEES.—

534
‘‘(B) agree to keep and furnish to the

Commission such records, books, and other in- formation 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

10 ‘‘(A) PROHIBITION.—The candidates cer-
11 tifies in writing that the candidates will not es-
12 tablish a joint fundraising committee with a po-
13 litical committee other than another authorized
14 committee of the candidate.
15 ‘‘(B) STATUS OF EXISTING COMMITTEES
16 FOR PRIOR ELECTIONS.—If a candidate estab-
17 lished a joint fundraising committee described
18 in subparagraph (A) with respect to a prior
19 election for which the candidate was not eligible
20 to receive payments under section 9006 and the
21 candidate does not terminate the committee,
22 the candidate shall not be considered to be in
23 violation of subparagraph (A) so long as that
24 joint fundraising committee does not receive
25 any contributions or make any disbursements

HEN20B91 32X

S.L.C.

1 2 3 4 5 6 7 8 9

535
with respect to the election for which the can-

didate is eligible to receive payments under sec-

tion 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 PAR- TIES.—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 can- didates 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 ex- penses other than—

‘‘(i) qualified campaign contributions, and

HEN20B91 32X

S.L.C.

1 2 3 4 5 6 7 8 9

536
‘‘(ii) contributions to the extent nec-

essary 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 subpara- graph (C) of section 9002(11).

‘‘(2) TIMING OF CERTIFICATION.—The can- didate 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 CON-

TRIBUTION.—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 Presi- dent of the United States, a contribution from an in- dividual to a candidate or an authorized committee of a candidate which—

‘‘(A) does not exceed $1,000 for the elec- tion; and

HEN20B91 32X

S.L.C.

1 2 3 4 5 6 7 8 9

537
‘‘(B) with respect to which the candidate

has certified in writing that—
‘‘(i) the individual making such con-

tribution has not made aggregate contribu- tions (including such qualified contribu- tion) 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 author- ized committees of such candidate will not accept contributions from such individual (including such qualified contribution) ag- gregating more than the amount described in subparagraph (A) with respect to such election.’’.

17 (c) CONFORMING AMENDMENTS.—
18 (1) REPEAL OF EXPENDITURE LIMITS.—
19 (A) IN GENERAL.—Section 315 of the Fed-
20 eral Election Campaign Act of 1971 (52 U.S.C.
21 30116) is amended by striking subsection (b).
22 (B) CONFORMING AMENDMENTS.—Section
23 315(c) of such Act (52 U.S.C. 30116(c)) is
24 amended—

HEN20B91 32X

S.L.C.

1 2 3 4 5 6 7 8 9

538
(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 para- graphs (3), (4), and (5) as paragraphs (2), (3), and (4), respectively.

(B) CONFORMING AMENDMENT.—Para- graph (2) of section 9007(b) of such Code, as redesignated by subparagraph (A), is amend- ed—

(i) by striking ‘‘a major party’’ and inserting ‘‘a party’’;

(ii) by inserting ‘‘qualified contribu- tions 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.—

HEN20B91 32X

S.L.C.

1 2 3 4 5 6 7 8 9

539
(A) REPEAL OF PENALTY FOR EXCESS EX-

PENSES.—Section 9012 of the Internal Revenue Code of 1986 is amended by striking subsection (a).

(B) PENALTY FOR ACCEPTANCE OF DIS- ALLOWED 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:

10
11 ‘‘(b) 12

13 TIONS.—It shall be unlawful for an eligible can-
14 didate of a party in a Presidential election or any of
15 his authorized committees knowingly and willfully to
16 accept—
17 ‘‘(A) any contribution other than a quali-
18 fied campaign contribution to defray qualified
19 campaign expenses, except to the extent nec-
20 essary to make up any deficiency in payments
21 received out of the fund on account of the ap-
22 plication of section 9006(c); or
23 ‘‘(B) any contribution to defray expenses
24 which would be qualified campaign expenses but
25 for subparagraph (C) of section 9002(11).

CONTRIBUTIONS.—
‘‘(1) ACCEPTANCE OF DISALLOWED CONTRIBU-

HEN20B91 32X

S.L.C.

540
‘‘(2) PENALTY.—Any person who violates para-

2 graph (1) shall be fined not more than $5,000, or
3 imprisoned not more than one year, or both. In the
4 case of a violation by an authorized committee, any
5 officer or member of such committee who knowingly
6 and willfully consents to such violation shall be fined
7 not more than $5,000, or imprisoned not more than
8 one year, or both.’’.
9 SEC. 773. MATCHING PAYMENTS AND OTHER MODIFICA-
10 TIONS TO PAYMENT AMOUNTS.
11 (a) IN GENERAL.—
12 (1) AMOUNT OF PAYMENTS; APPLICATION OF
13 SAME AMOUNT FOR CANDIDATES OF MAJOR, MINOR,
14 AND NEW PARTIES.—Subsection (a) of section 9004
15 of the Internal Revenue Code of 1986 is amended to
16 read as follows:
17 ‘‘(a) IN GENERAL.—Subject to the provisions of this
18 chapter, the eligible candidates of a party in a Presidential
19 election shall be entitled to equal payment under section
20 9006 in an amount equal to 600 percent of the amount
21 of each matchable contribution received by such candidate
22 or by the candidate’s authorized committees (disregarding
23 any amount of contributions from any person to the extent
24 that the total of the amounts contributed by such person
25 for the election exceeds $200), except that total amount

HEN20B91 32X

S.L.C.

541

1 to which a candidate is entitled under this paragraph shall
2 not exceed $250,000,000.’’.
3 (2) REPEAL OF SEPARATE LIMITATIONS FOR
4 CANDIDATES OF MINOR AND NEW PARTIES; INFLA-
5 TION ADJUSTMENT.—Subsection (b) of section 9004
6 of such Code is amended to read as follows:
7 ‘‘(b) INFLATION ADJUSTMENT.—
8 ‘‘(1) IN GENERAL.—In the case of any applica-
9 ble period beginning after 2029, the $250,000,000
10 dollar amount in subsection (a) shall be increased by
11 an amount equal to—

‘‘(A) such dollar amount; multiplied by

20 this
21 the 4-year period beginning with the first day fol-
22 lowing the date of the general election for the office
23 of President and ending on the date of the next such
24 general election.

‘‘(B) the cost-of-living adjustment deter- mined under section 1(f)(3) for the calendar year following the year which such applicable period begins, determined by substituting ‘cal- endar year 2028’ for ‘calendar year 1992’ in subparagraph (B) thereof.
‘‘(2) APPLICABLE PERIOD.—For purposes of subsection, the term ‘applicable period’ means

HEN20B91 32X

S.L.C.

542
‘‘(3) ROUNDING.—If any amount as adjusted

2 under paragraph (1) is not a multiple of $10,000,
3 such amount shall be rounded to the nearest mul-
4 tiple of $10,000.’’.
5 (3) CONFORMING AMENDMENT.—Section
6 9005(a) of such Code is amended by adding at the
7 end the following new sentence: ‘‘The Commission
8 shall make such additional certifications as may be
9 necessary to receive payments under section 9004.’’.
10 (b) MATCHABLE CONTRIBUTION.—Section 9002 of
11 such Code, as amended by section 772(b), is amended by
12 adding at the end the following new paragraph:
13 ‘‘(14) MATCHABLE CONTRIBUTION.—The term
14 ‘matchable contribution’ means, with respect to the
15 election to the office of President of the United
16 States, a contribution by an individual to a can-
17 didate or an authorized committee of a candidate
18 with respect to which the candidate has certified in
19 writing that—
20 ‘‘(A) the individual making such contribu-
21 tion has not made aggregate contributions (in-
22 cluding such matchable contribution) to such
23 candidate and the authorized committees of
24 such candidate in excess of $1,000 for the elec-
25 tion;

HEN20B91 32X

S.L.C.

543
‘‘(B) such candidate and the authorized

1
2
3
4
5
6
7
8
9 SEC. 774. INCREASE IN LIMIT ON COORDINATED PARTY EX-

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 con- tribution (as defined in section 9034(c)(3)).’’.

10 PENDITURES.
11 (a) IN GENERAL.—Section 315(d)(2) of the Federal
12 Election Campaign Act of 1971 (52 U.S.C. 30116(d)(2))
13 is amended to read as follows:
14 ‘‘(2)(A) The national committee of a political party
15 may not make any expenditure in connection with the gen-
16 eral election campaign of any candidate for President of
17 the United States who is affiliated with such party which
18 exceeds $100,000,000.
19 ‘‘(B) For purposes of this paragraph—
20 ‘‘(i) any expenditure made by or on behalf of a
21 national committee of a political party and in con-
22 nection with a Presidential election shall be consid-
23 ered to be made in connection with the general elec-
24 tion campaign of a candidate for President of the
25 United States who is affiliated with such party; and

HEN20B91 32X

S.L.C.

1 2 3 4 5 6 7 8 9

544
‘‘(ii) any communication made by or on behalf

of such party shall be considered to be made in con- nection with the general election campaign of a can- didate for President of the United States who is af- filiated with such party if any portion of the commu- nication 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 com- mittee of a candidate for the office of President of the United States.’’.

(b) CONFORMING AMENDMENTS RELATING TO TIM- ING 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

HEN20B91 32X

S.L.C.

1 2 3 4 5 6 7 8 9

545
‘‘(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), cal-

endar year 2027.’’.

SEC. 775. ESTABLISHMENT OF UNIFORM DATE FOR RE- LEASE OF PAYMENTS.

(a) DATE FOR PAYMENTS.—
(1) IN GENERAL.—Section 9006(b) of the In-

ternal 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 Commis- sion under section 9005 for payment to the eligible can- didates of a political party, the Secretary shall pay to such

HEN20B91 32X

S.L.C.

1 2 3 4 5 6 7 8 9

546
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 par-

ties.
Amounts paid to any such candidates shall be under the control of such candidates.’’.

(2) CONFORMING AMENDMENT.—The first sen- tence of section 9006(c) of such Code is amended by striking ‘‘the time of a certification by the Commis- sion 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 CAM-

PAIGN 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 pre- vious sentence, the Secretary shall take into account in

HEN20B91 32X

S.L.C.

1 2 3 4 5 6 7 8 9

547
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 GEN- ERAL 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 gen- eral 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

HEN20B91 32X

S.L.C.

548

1 Presidential election, the Secretary of the Treasury shall
2 transfer from the Freedom From Influence Fund estab-
3 lished under section 502 of the Federal Election Cam-
4 paign Act of 1971 to the Presidential Election Campaign
5 Fund such additional amounts as are necessary to make
6 payments pursuant to sections 9006(b) and 9008(j).
7 ‘‘(b) MANDATORY REDUCTION OF AMOUNT TRANS-
8 FERRED IN CASE OF INSUFFICIENT AMOUNTS IN
9 FUND.—
10 ‘‘(1) ADVANCE AUDITS BY COMMISSION.—Not
11 later than 90 days before the first day of each Presi-
12 dential election cycle (beginning with the cycle for
13 the election held in 2028), the Commission shall—
14 ‘‘(A) audit the Freedom From Influence
15 Fund to determine whether, after first making
16 payments to participating candidates under title
17 V of the Federal Election Campaign Act of
18 1971 and then making payments to candidates
19 under chapter 96, the amounts remaining in
20 the Freedom From Influence Fund (in addition
21 to amounts otherwise available in the Presi-
22 dential Election Campaign Fund under section
23 9006(a)) will be sufficient to make payments
24 under this chapter in the amounts provided

HEN20B91 32X

S.L.C.

549
under this chapter during such election cycle;

1 2 3 4 5

6 FERRED.—
7 ‘‘(A) AUTOMATIC REDUCTION.—If, on the
8 basis of the audit described in paragraph (1),
9 the Commission determines that the amount
10 anticipated to be available in the Freedom
11 From Influence Fund with respect to the Presi-
12 dential election cycle involved is not, or may not
13 be, sufficient to satisfy the full entitlements to
14 payments under this chapter for such cycle, the
15 Commission shall reduce the amount trans-
16 ferred under subsection (a) to ensure that the
17 aggregate amount transferred with respect to
18 the cycle will not exceed the amount anticipated
19 to be available for making such payments with
20 respect to such cycle.
21 ‘‘(B) RESTORATION OF REDUCTIONS IN
22 CASE OF AVAILABILITY OF SUFFICIENT FUNDS
23 DURING ELECTION CYCLE.—If, after reducing
24 the amount transferred with respect to an elec-
25 tion cycle under subparagraph (A), the Com-

and
‘‘(B) submit a report to Congress describ-

ing the results of the audit.
‘‘(2) REDUCTIONS IN AMOUNT TRANS-

HEN20B91 32X

S.L.C.

1 2 3 4 5 6 7 8 9

550
mission determines that there are sufficient

amounts in the Fund to restore the amount by which such amounts were reduced (or any por- tion 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 there- of, as the case may be).

‘‘(C) NO USE OF AMOUNTS FROM OTHER SOURCES.—In any case in which the Commis- sion determines that there are insufficient mon- eys in the Freedom From Influence Fund under this paragraph, moneys shall not be made avail- able from any other source for the purpose of transferring funds pursuant to this section.
‘‘(3) NO EFFECT ON AMOUNTS TRANSFERRED

18 FOR PEDIATRIC RESEARCH INITIATIVE.—This sec-
19 tion does not apply to the transfer of funds under
20 section 9008(i).

21 ‘‘(4) PRESIDENTIAL ELECTION CYCLE DE-
22 FINED.—In this section, the term ‘Presidential elec-
23 tion cycle’ means, with respect to a Presidential elec-
24 tion, the period beginning on the day after the date

HEN20B91 32X

S.L.C.

1 2 3 4 5 6 7 8 9

551
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 provi- sions of this subsection, with respect to the Presi- dential election held in 2028 and each succeeding Presidential election, the Secretary of the Treasury shall make transfers to the fund as described in sec- tion 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 Rev- enue Code of 1986 is amended—

(1) in subsection (i)—

HEN20B91 32X

S.L.C.

552
(A) in paragraph (1) by striking ‘‘the enti-

1 2 3 4 5 6 7

8 section:
9 ‘‘(j) REESTABLISHMENT OF PAYMENTS.—

tlement’’ and inserting ‘‘subject to subsection (j), the entitlement’’;

(B) in paragraph (2), by striking ‘‘main- tained for’’ and all that follows through ‘‘under this section’’; and
(2) by adding at the end the following new sub-

10 ‘‘(1) IN GENERAL.—Notwithstanding subsection
11 (i)(1), effective with respect to nominating conven-
12 tions for the Presidential election held in 2028 and
13 each succeeding Presidential election, a major party
14 or minor party shall be entitled to a payment under
15 this section.
16 ‘‘(2) ESTABLISHMENT OF ACCOUNTS.—The
17 Secretary shall maintain in the fund, in addition to
18 any account which the Secretary maintains under
19 section 9006(a) or subsection (a), a separate account
20 for the national committee of each major party and
21 minor party. The Secretary shall deposit in each
22 such account an amount equal to the amount which
23 each such committee may receive under subsection
24 (b). Such deposits shall be drawn from amounts
25 transferred under section 9013(a) and shall be made

HEN20B91 32X

S.L.C.

1 2 3 4 5 6 7 8 9

553
before any transfer is made to any account for any

eligible candidate under section 9006(a).’’.

(b) REPORTS BY FEDERAL ELECTION COMMIS- SION.—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 com- mittee 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 Rev-

enue Code of 1986 is amended—
(1) in subsection (a)(1), by inserting the fol-

lowing after the first sentence: ‘‘It shall be unlawful for the national committee of a major party or minor party knowingly and willfully to incur ex-

HEN20B91 32X

S.L.C.

554

1 penses with respect to a presidential nominating
2 convention in excess of the expenditure limitation
3 applicable with respect to such committee under sec-
4 tion 9008(d) or for any host committee knowingly
5 and willfully to incur such expenses in excess of such
6 expenditure limitation, unless the incurring of such
7 expenses is authorized by the Commission under sec-
8 tion 9008(d)(3).’’;
9 (2) in subsection (c), by redesignating para-
10 graph (2) as paragraph (3) and inserting the fol-
11 lowing after paragraph (1):
12 ‘‘(3) It shall be unlawful for the national com-
13 mittee of a major party or minor party which re-
14 ceives any payment under section 9008(b)(3) to use,
15 or authorize the use of, such payment for any pur-
16 pose other than a purpose authorized by section
17 9008(c).’’;
18 (3) in subsection (e)(1), by adding at the end
19 the following new sentence: ‘‘It shall be unlawful for
20 the national committee of a major party or minor
21 party knowingly and willfully to give or accept any
22 kickback or any illegal payments in connection with
23 any expense incurred by such committee with re-
24 spect to t a presidential nominating convention.’’;
25 and

HEN20B91 32X

S.L.C.

555
(4) in subsection (e)(3), by inserting ‘‘, or in

2 connection with any expense incurred by the national
3 committee of a major party or minor party with re-
4 spect to a presidential nominating convention’’ after
5 ‘‘or their authorized committees’’.
6 (d) CONFORMING AMENDMENTS.—Section 9008 of
7 the Internal Revenue Code of 1986 is amended—

(1) in subsection (a)—
(A) in the first sentence, by striking ‘‘na-

tional 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 ac- count an amount equal to the aggregate amount that the national committee of each major party and minor party is entitled to re- ceive under subsection (b)’’;
(2) in subsection (b)(3), by striking ‘‘subsection and inserting ‘‘subsection (j)’’; and
(3) in subsection (i)(2), by striking ‘‘all

21 (a)’’ 22

23 amounts’’ and all that follows through ‘‘minor
24 party’’ and inserting ‘‘all amounts in the account es-
25 tablished under subsection (a)’’.

HEN20B91 32X

S.L.C.

556

1 (e) CLARIFICATION REGARDING AMOUNTS FOR PEDI-
2 ATRIC RESEARCH INITIATIVE.—Nothing in the provisions
3 of, or amendments made by, this section shall affect
4 amounts transferred to the 10-Year Pediatric Research
5 Initiative Fund pursuant to section 9008(i)(2) of the In-
6 ternal Revenue Code of 1986.
7 Subpart D—Effective Date
8 SEC. 779A. EFFECTIVE DATE.
9 (a) IN GENERAL.—Except as otherwise provided, this
10 part and the amendments made by this part shall apply
11 with respect to the Presidential election held in 2028 and
12 each succeeding Presidential election, without regard to
13 whether or not the Federal Election Commission has pro-
14 mulgated the final regulations necessary to carry out this
15 part and the amendments made by this part by the dead-
16 line set forth in subsection (b).
17 (b) DEADLINE FOR REGULATIONS.—Not later than
18 June 30, 2026, the Federal Election Commission shall
19 promulgate such regulations as may be necessary to carry
20 out this part and the amendments made by this part.

HEN20B91 32X

S.L.C.

557

1 Subtitle D—Enhancing FEC
2 Enforcement
3 SEC. 781. MEMBERSHIP OF FEDERAL ELECTION COMMIS-
4 SION.
5 (a) REDUCTION IN NUMBER OF MEMBERS; REMOVAL
6 OF SECRETARY OF SENATE AND CLERK OF HOUSE AS
7 EX OFFICIO MEMBERS.—
8 (1) IN GENERAL; QUORUM.—Section 306(a)(1)
9 of the Federal Election Campaign Act of 1971 (52
10 U.S.C. 30106(a)(1)) is amended by striking the sec-
11 ond and third sentences and inserting the following:
12 ‘‘The Commission is composed of 5 members ap-
13 pointed by the President by and with the advice and
14 consent of the Senate, of whom no more than 2 may
15 be affiliated with the same political party. A member
16 shall be treated as affiliated with a political party if
17 the member was affiliated, including as a registered
18 voter, employee, consultant, donor, officer, or attor-
19 ney, with such political party or any of its can-
20 didates or elected public officials at any time during
21 the 5-year period ending on the date on which such
22 individual is nominated to be a member of the Com-
23 mission. A majority of the number of members of
24 the Commission who are serving at the time shall
25 constitute a quorum, except that 3 members shall

HEN20B91 32X

S.L.C.

1 2 3 4 5 6 7 8 9

558
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 ‘‘affirma- tive vote of 4 members of the Commission’’ and in- serting ‘‘affirmative vote of a majority of the mem- bers 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)).

HEN20B91 32X

S.L.C.

559
(3) CONFORMING AMENDMENT RELATING TO

2 REMOVAL OF EX OFFICIO MEMBERS.—Section
3 306(a) of such Act (52 U.S.C. 30106(a)) is amend-
4 ed by striking ‘‘(other than the Secretary of the Sen-
5 ate and the Clerk of the House of Representatives)’’
6 each place it appears in paragraphs (4) and (5).
7 (b) TERMS OF SERVICE.—Section 306(a)(2) of such
8 Act (52 U.S.C. 30106(a)(2)) is amended to read as fol-
9 lows:

‘‘(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 APPOINT- MENTS.—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 addi- tional term, except that—

‘‘(i) an individual who served a 3-year term under subparagraph (B) may also be

HEN20B91 32X

S.L.C.

1 2 3 4 5 6 7 8 9

560
appointed to serve a 6-year term under

subparagraph (A); and
‘‘(ii) for purposes of this subpara-

graph, 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 expi- ration 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 EX- PIRATION OF TERM.—A member of the Com- mission may continue to serve on the Commis- sion after the expiration of the member’s term for an additional period, but only until the ear- lier of—

HEN20B91 32X

S.L.C.

1 2 3 4 5 6 7 8 9

561
‘‘(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 pe- riod that begins on the last day of the member’s term.’’.

‘‘(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 ADVI- SORY PANEL.—

‘‘(i) IN GENERAL.—Prior to the regu- larly 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 polit- ical party and individuals who are inde-

HEN20B91 32X

S.L.C.

1 2 3 4 5 6 7 8 9

562
pendent of a political party and that con-

sists of an odd number of individuals se- lected by the President from retired Fed- eral judges, former law enforcement offi- cials, or individuals with experience in elec- tion 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, eth- nic, and gender diversity on the panel.

‘‘(ii) RECOMMENDATIONS.—With re- spect 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 mem- ber of the Commission.

‘‘(iii) PUBLICATION.—At the time the President submits to the Senate the nomi- nations for individuals to be appointed as members of the Commission, the President shall publish the Blue Ribbon Advisory

HEN20B91 32X

S.L.C.

1 2 3 4 5 6 7 8 9

563
Panel’s recommendations for such nomina-

tions.
‘‘(iv) EXEMPTION FROM FEDERAL AD-

VISORY 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 Com- mission shall terminate or liquidate such activ- ity no later than 90 days after such appoint- ment.’’.

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.—

HEN20B91 32X

S.L.C.

1 2 3 4 5 6 7 8 9

564
‘‘(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 Com- mission.

‘‘(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 posi- tion of Chair.’’.
(2) CONFORMING AMENDMENT.—Section

22 309(a)(2) of such Act (52 U.S.C. 30109(a)(2)) is
23 amended by striking ‘‘through its chairman or vice
24 chairman’’ and inserting ‘‘through the Chair’’.

25 (b) POWERS.—

HEN20B91 32X

S.L.C.

1 2 3 4 5 6 7 8 9

565
(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 ad- ministrative officer of the Commission and shall have the authority to administer the Commis- sion 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 (includ- ing personnel and facilities) of other agen- cies and departments of the United States, whose heads may make such assistance available to the Commission with or with- out reimbursement; and

‘‘(iii) to prepare and establish the budget of the Commission and to make budget requests to the President, the Di-

HEN20B91 32X

S.L.C.

1 2 3 4 5 6 7 8 9

566
rector 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 gen- eral 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 ques- tions as the Chair may prescribe;

‘‘(iii) to administer oaths or affirma- tions;

‘‘(iv) to require by subpoena, signed by the Chair, the attendance and testimony of witnesses and the production of all doc- umentary evidence relating to the execu- tion of its duties;

‘‘(v) in any proceeding or investiga- tion, to order testimony to be taken by deposition before any person who is des- ignated by the Chair, and shall have the power to administer oaths and, in such in- stances, to compel testimony and the pro-

HEN20B91 32X

S.L.C.

567
duction of evidence in the same manner as

1 2 3 4 5 6 7

8 Commission shall have the power—
9 ‘‘(A) to initiate (through civil actions for
10 injunctive, declaratory, or other appropriate re-
11 lief), defend (in the case of any civil action
12 brought under section 309(a)(8) of this Act) or
13 appeal (including a proceeding before the Su-
14 preme Court on certiorari) any civil action in
15 the name of the Commission to enforce the pro-
16 visions of this Act and chapter 95 and chapter
17 96 of the Internal Revenue Code of 1986,
18 through its general counsel;
19 ‘‘(B) to render advisory opinions under
20 section 308 of this Act;
21 ‘‘(C) to develop such prescribed forms and
22 to make, amend, and repeal such rules, pursu-
23 ant to the provisions of chapter 5 of title 5,
24 United States Code, as are necessary to carry
25 out the provisions of this Act and chapter 95

authorized under clause (iv); and
‘‘(vi) to pay witnesses the same fees

and mileage as are paid in like cir- cumstances in the courts of the United States.

‘‘(2) POWERS ASSIGNED TO COMMISSION.—The

HEN20B91 32X

S.L.C.

1 2 3 4 5 6 7 8 9

568
and chapter 96 of the Internal Revenue Code of

1986;
‘‘(D) to conduct investigations and hear-

ings expeditiously, to encourage voluntary com- pliance, and to report apparent violations to the appropriate law enforcement authorities; and

‘‘(E) to transmit to the President and Con- gress not later than June 1 of each year a re- port which states in detail the activities of the Commission in carrying out its duties under this Act, and which includes any recommenda- tions for any legislative or other action the Commission considers appropriate.
‘‘(3) PERMITTING COMMISSION TO EXERCISE

10 11 12 13 14

15 OTHER POWERS OF CHAIR.—With respect to any in-
16 vestigation, action, or proceeding, the Commission,
17 by an affirmative vote of a majority of the members
18 who are serving at the time, may exercise any of the
19 powers of the Chair described in paragraph (1)(B).’’.
20 (2) CONFORMING AMENDMENTS RELATING TO
21 PERSONNEL AUTHORITY.—Section 306(f) of such
22 Act (52 U.S.C. 30106(f)) is amended—

23 (A) by amending the first sentence of
24 paragraph (1) to read as follows: ‘‘The Com-
25 mission shall have a staff director who shall be

HEN20B91 32X

S.L.C.

569
appointed by the Chair of the Commission in

consultation with the other members and a gen- eral 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 Commis- sion’’; and

1 2 3 4 5 6 7 8 9

10 11

12 BUDGET SUBMISSION.—Section 307(d)(1) of such
13 Act (52 U.S.C. 30107(d)(1)) is amended by striking
14 ‘‘the Commission submits any budget’’ and inserting
15 ‘‘the Chair (or, pursuant to subsection (a)(3), the
16 Commission) submits any budget’’.
17 (4) OTHER CONFORMING AMENDMENTS.—Sec-
18 tion 306(c) of such Act (52 U.S.C. 30106(c)) is
19 amended by striking ‘‘All decisions’’ and inserting
20 ‘‘Subject to section 307(a), all decisions’’.
21 (5) TECHNICAL AMENDMENT.—The heading of
22 section 307 of such Act (52 U.S.C. 30107) is
23 amended by striking ‘‘THE COMMISSION’’ and insert-
24 ing ‘‘THE CHAIR AND THE COMMISSION’’.

HEN20B91 32X

S.L.C.

570

1 SEC. 783. REVISION TO ENFORCEMENT PROCESS.
2 (a) STANDARD FOR INITIATING INVESTIGATIONS AND
3 DETERMINING WHETHER VIOLATIONS HAVE OC-
4 CURRED.—
5 (1) REVISION OF STANDARDS.—Section 309(a)
6 of the Federal Election Campaign Act of 1971 (52
7 U.S.C. 30109(a)) is amended by striking paragraphs
8 (2) and (3) and inserting the following:
9 ‘‘(2)(A) The general counsel, upon receiving a com-
10 plaint filed with the Commission under paragraph (1) or
11 upon the basis of information ascertained by the Commis-
12 sion in the normal course of carrying out its supervisory
13 responsibilities, shall make a determination as to whether
14 or not there is reason to believe that a person has com-
15 mitted, or is about to commit, a violation of this Act or
16 chapter 95 or chapter 96 of the Internal Revenue Code
17 of 1986, and as to whether or not the Commission should
18 either initiate an investigation of the matter or that the
19 complaint should be dismissed. The general counsel shall
20 promptly provide notification to the Commission of such
21 determination and the reasons therefore, together with
22 any written response submitted under paragraph (1) by
23 the person alleged to have committed the violation. Upon
24 the expiration of the 30-day period which begins on the
25 date the general counsel provides such notification, the
26 general counsel’s determination shall take effect, unless

HEN20B91 32X

S.L.C.

571

1 during such 30-day period the Commission, by vote of a
2 majority of the members of the Commission who are serv-
3 ing at the time, overrules the general counsel’s determina-
4 tion. If the determination by the general counsel that the
5 Commission should investigate the matter takes effect, or
6 if the determination by the general counsel that the com-
7 plaint should be dismissed is overruled as provided under
8 the previous sentence, the general counsel shall initiate an
9 investigation of the matter on behalf of the Commission.
10 ‘‘(B) If the Commission initiates an investigation
11 pursuant to subparagraph (A), the Commission, through
12 the Chair, shall notify the subject of the investigation of
13 the alleged violation. Such notification shall set forth the
14 factual basis for such alleged violation. The Commission
15 shall make an investigation of such alleged violation, which
16 may include a field investigation or audit, in accordance
17 with the provisions of this section. The general counsel
18 shall provide notification to the Commission of any intent
19 to issue a subpoena or conduct any other form of discovery
20 pursuant to the investigation. Upon the expiration of the
21 15-day period which begins on the date the general counsel
22 provides such notification, the general counsel may issue
23 the subpoena or conduct the discovery, unless during such
24 15-day period the Commission, by vote of a majority of
25 the members of the Commission who are serving at the

HEN20B91 32X

S.L.C.

572

1 time, prohibits the general counsel from issuing the sub-
2 poena or conducting the discovery.
3 ‘‘(3)(A) Upon completion of an investigation under
4 paragraph (2), the general counsel shall promptly submit
5 to the Commission the general counsel’s recommendation
6 that the Commission find either that there is probable
7 cause or that there is not probable cause to believe that
8 a person has committed, or is about to commit, a violation
9 of this Act or chapter 95 or chapter 96 of the Internal
10 Revenue Code of 1986, and shall include with the rec-
11 ommendation a brief stating the position of the general
12 counsel on the legal and factual issues of the case.
13 ‘‘(B) At the time the general counsel submits to the
14 Commission the recommendation under subparagraph (A),
15 the general counsel shall simultaneously notify the re-
16 spondent of such recommendation and the reasons there-
17 fore, shall provide the respondent with an opportunity to
18 submit a brief within 30 days stating the position of the
19 respondent on the legal and factual issues of the case and
20 replying to the brief of the general counsel. The general
21 counsel and shall promptly submit such brief to the Com-
22 mission upon receipt.
23 ‘‘(C) Not later than 30 days after the general counsel
24 submits the recommendation to the Commission under
25 subparagraph (A) (or, if the respondent submits a brief

HEN20B91 32X

S.L.C.

1 2 3 4 5 6 7 8 9

573
under subparagraph (B), not later than 30 days after the

general counsel submits the respondent’s brief to the Com- mission under such subparagraph), the Commission shall approve or disapprove the recommendation by vote of a majority of the members of the Commission who are serv- ing at the time.’’.

(2) CONFORMING AMENDMENT RELATING TO INITIAL RESPONSE TO FILING OF COMPLAINT.—Sec- tion 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 coun- sel’’; 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 DIS- MISSAL 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:

HEN20B91 32X

S.L.C.

574

1 ‘‘(8)(A)(i) Any party aggrieved by an order of the
2 Commission dismissing a complaint filed by such party or
3 finding either no reason to believe a violation has occurred
4 or no probable cause a violation has occurred may file a
5 petition with the United States District Court for the Dis-
6 trict of Columbia. Any petition under this subparagraph
7 shall be filed within 60 days after the date on which the
8 party received notice of the dismissal of the complaint.
9 ‘‘(ii) In any proceeding under this subparagraph, the
10 court shall determine by de novo review whether the agen-
11 cy’s dismissal of the complaint is contrary to law. In any
12 matter in which the penalty for the alleged violation is
13 greater than $50,000, the court should disregard any
14 claim or defense by the Commission of prosecutorial dis-
15 cretion as a basis for dismissing the complaint.
16 ‘‘(B)(i) Any party who has filed a complaint with the
17 Commission and who is aggrieved by a failure of the Com-
18 mission, within 180 days after the filing of the complaint,
19 to either dismiss the complaint or to find reason to believe
20 a violation has occurred or is about to occur, may file a
21 petition with the United States District Court for the Dis-
22 trict of Columbia.
23 ‘‘(ii) In any proceeding under this subparagraph, the
24 court shall treat the failure to act on the complaint as
25 a dismissal of the complaint, and shall determine by de

HEN20B91 32X

S.L.C.

575

1 novo review whether the agency’s failure to act on the
2 complaint is contrary to law.
3 ‘‘(C) In any proceeding under this paragraph the
4 court may declare that the dismissal of the complaint or
5 the failure to act is contrary to law, and may direct the
6 Commission to conform with such declaration within 30
7 days, failing which the complainant may bring, in the
8 name of such complainant, a civil action to remedy the
9 violation involved in the original complaint.’’.
10 (2) EFFECTIVE DATE.—The amendments made
11 by paragraph (1) shall apply—
12 (A) in the case of complaints which are
13 dismissed by the Federal Election Commission,
14 with respect to complaints which are dismissed
15 on or after the date of the enactment of this
16 Act; and
17 (B) in the case of complaints upon which
18 the Federal Election Commission failed to act,
19 with respect to complaints which were filed on
20 or after the date of the enactment of this Act.

HEN20B91 32X

S.L.C.

1 2 3 4 5 6 7 8 9

576

SEC. 784. PERMITTING APPEARANCE AT HEARINGS ON RE- QUESTS FOR ADVISORY OPINIONS BY PER-

SONS OPPOSING THE REQUESTS.

(a) IN GENERAL.—Section 308 of such Act (52 U.S.C. 30108) is amended by adding at the end the fol- lowing 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 op- portunity, the Commission shall provide a reasonable op- portunity 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 re- quest.’’.

(b) EFFECTIVE DATE.—The amendment made by subsection (a) shall apply with respect to requests for advi- sory 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

HEN20B91 32X

S.L.C.

1 2 3 4 5 6 7 8 9

577
1971 (52 U.S.C. 30109(a)(4)(C)(v)), as amended by Pub-

lic 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 Fed- eral 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 in- serting ‘‘(e)(1) The Commission’’; and

(2) by adding at the end the following new paragraph:

HEN20B91 32X

S.L.C.

578

1 ‘‘(2) Members and employees of the Commission shall
2 be subject to limitations on ex parte communications, as
3 provided in the regulations promulgated by the Commis-
4 sion regarding such communications which are in effect
5 on the date of the enactment of this paragraph.’’.
6 SEC. 788. CLARIFYING AUTHORITY OF FEC ATTORNEYS TO
7 REPRESENT FEC IN SUPREME COURT.
8 (a) CLARIFYING AUTHORITY.—Section 306(f)(4) of
9 the Federal Election Campaign Act of 1971 (52 U.S.C.
10 30106(f)(4)) is amended by striking ‘‘any action instituted
11 under this Act, either (A) by attorneys’’ and inserting
12 ‘‘any action instituted under this Act, including an action
13 before the Supreme Court of the United States, either (A)
14 by the General Counsel of the Commission and other at-
15 torneys’’.
16 (b) EFFECTIVE DATE.—The amendment made by
17 paragraph (1) shall apply with respect to actions insti-
18 tuted before, on, or after the date of the enactment of
19 this Act.
20 SEC. 789. EFFECTIVE DATE; TRANSITION.
21 (a) IN GENERAL.—Except as otherwise provided, the
22 amendments made by this subtitle shall apply beginning
23 January 1, 2022.
24 (b) TRANSITION.—

HEN20B91 32X

S.L.C.

1 2 3 4 5 6 7 8 9

579
(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 PRO- CEEDINGS.—Nothing in this subtitle or in any amendment made by this subtitle shall affect any of the powers exercised by the Federal Election Com- mission prior to December 31, 2021, including any investigation initiated by the Commission prior to such date or any proceeding (including any enforce- ment action) pending as of such date.

Subtitle E—Miscellaneous
SEC. 791. COMPTROLLER GENERAL REPORT AND BRIEFING ON CAMPAIGN DONATIONS BY NOMINEES BE-

FORE 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

HEN20B91 32X

S.L.C.

580