195 
(A) documents that are not made publicly 
accessible under paragraph (1)(A); and 
(B) court proceedings, the recordings of 
which are not made available under paragraph 
(1)(F). 
(5) FILING
FEES.—The Judiciary 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 
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196 
shall impose a lesser fee on filers who are filing on behalf 
of individuals. Pro se litigants and litigants who certify 
their financial hardship shall not be subject to the filing 
fees. The Director of the Administrative Office of the 
United States Courts, under the direction of the Judicial 
Conference of the United States, shall prescribe a schedule 
of reasonable filing fees to cover the costs described in 
this subsection that the Director shall maintain and make 
available to the public. 
‘‘(b) The Judicial Conference and the Director shall 
transmit each schedule of fees prescribed under subsection 
(a) to Congress at least 30 days before the schedule 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 
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197 
(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— 
(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— 
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198 
‘‘(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 
‘‘(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-
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199 
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 
‘‘(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-
pute between— 
‘‘(A) one or more individuals who seek or 
acquire real or personal property, services (in-
cluding services related to digital technology), 
securities or other investments, money, or credit 
for personal, family, or household purposes in-
cluding an individual or individuals who seek 
certification as a class under rule 23 of the 
Federal Rules of Civil Procedure or a com-
parable rule or provision of State law; and 
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200 
‘‘(B)(i) the seller or provider of such prop-
erty, services, securities or other investments, 
money, or credit; or 
‘‘(ii) a third party involved in the selling, 
providing of, payment for, receipt or use of in-
formation about, or other relationship to any 
such property, services, securities or other in-
vestments, money, or credit; 
‘‘(4) the term ‘employment dispute’ means a 
dispute between one or more individuals (or their 
authorized representative) and a person arising out 
of or related to the work relationship or prospective 
work relationship between them, including a dispute 
regarding the terms of or payment for, advertising 
of, recruiting for, referring of, arranging for, or dis-
cipline or discharge in connection with, such work, 
regardless of whether the individual is or would be 
classified as an employee or an independent con-
tractor with respect to such work, and including a 
dispute arising under any law referred to or de-
scribed in section 62(e) of the Internal Revenue 
Code of 1986, including parts of such law not explic-
itly referenced in such section but that relate to pro-
tecting individuals on any such basis, and including 
a dispute in which an individual or individuals seek 
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201 
certification as a class under rule 23 of the Federal 
Rules of Civil Procedure or as a collective action 
under section 16(b) of the Fair Labor Standards 
Act, or a comparable rule or provision of State law; 
‘‘(5) the term ‘predispute arbitration agree-
ment’ means an agreement to arbitrate a dispute 
that has not yet arisen at the time of the making 
of the agreement; and 
‘‘(6) the term ‘predispute joint-action waiver’ 
means an agreement, whether or not part of a 
predispute arbitration agreement, that would pro-
hibit, or waive the right of, one of the parties to the 
agreement to participate in a joint, class, or collec-
tive action in a judicial, arbitral, administrative, or 
other forum, concerning a dispute that has not yet 
arisen at the time of the making of the agreement. 
‘‘§ 402. No validity or enforceability 
‘‘(a) IN GENERAL.—Notwithstanding any other pro-
vision of this title, no predispute arbitration agreement or 
predispute joint-action waiver shall be valid or enforceable 
with respect to an employment dispute, consumer dispute, 
antitrust dispute, or civil rights dispute. 
‘‘(b) APPLICABILITY.— 
‘‘(1) IN GENERAL.—An issue as to whether this 
chapter applies with respect to a dispute shall be de-
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202 
termined under Federal law. The applicability of this 
chapter to an agreement to arbitrate and the validity 
and enforceability of an agreement to which this 
chapter applies shall be determined by a court, rath-
er than an arbitrator, irrespective of whether the 
party resisting arbitration challenges the arbitration 
agreement specifically or in conjunction with other 
terms of the contract containing such agreement, 
and irrespective of whether the agreement purports 
to delegate such determinations to an arbitrator. 
‘‘(2) COLLECTIVE BARGAINING AGREEMENTS.— 
Nothing in this chapter shall apply to any arbitra-
tion provision in a contract between an employer and 
a labor organization or between labor organizations, 
except that no such arbitration provision shall have 
the effect of waiving the right of a worker to seek 
judicial enforcement of a right arising under a provi-
sion of the Constitution of the United States, a 
State constitution, or a Federal or State statute, or 
public policy arising therefrom.’’. 
(c) TECHNICAL AND CONFORMING AMENDMENTS.— 
(1) IN GENERAL.—Title 9 of the United States 
Code is amended— 
(A) in section 1 by striking ‘‘of seamen,’’ 
and all that follows through ‘‘interstate com-
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203 
merce’’ and inserting in its place ‘‘of individ-
uals, regardless of whether such individuals are 
designated as employees or independent con-
tractors for other purposes’’; 
(B) in section 2 by inserting ‘‘or as other-
wise provided in chapter 4’’ before the period at 
the end; 
(C) in section 208— 
(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.’’; 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.’’. 
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204 
(2) TABLE OF SECTIONS.— 
(A) CHAPTER 2.—The table of sections of 
chapter 2 of title 9, United States Code, is 
amended by striking the item relating to section 
208 and inserting the following: 
‘‘208. Application.’’. 
(B) CHAPTER 3.—The table of sections of 
chapter 3 of title 9, United States Code, is 
amended by striking the item relating to section 
307 and inserting the following: 
‘‘307. Application.’’. 
(3) TABLE OF CHAPTERS.—The table of 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. 
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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— 
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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. 
‘‘(2) LIMIT ON EFFECT.—No order entered in 
accordance with paragraph (1), other than an order 
approving a settlement agreement, may continue in 
effect after the entry of final judgment unless at the 
time of, or after, the entry of the order the court 
makes a separate finding of fact that the require-
ments of paragraph (1) continue to be met. 
‘‘(3) RULE
OF
CONSTRUCTION.—Nothing in 
paragraph (1) shall be construed to require the dis-
closure of the identity of individuals who disclose 
evidence of a violation of any law, rule, or regulation 
or other fraud, waste, abuse, or misconduct or other 
persons protected from disclosure under Federal law. 
‘‘(b) RESTRICTIONS ON ENFORCEMENT RELATING 
TO FEDERAL AND STATE AGENCIES.—In any civil action 
in which the pleadings state facts that are relevant to the 
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207 
protection of public health or safety, a court shall not en-
force any provision of an agreement between or among 
parties to the civil action, or enforce an order entered in 
accordance with subsection (a)(1), to the extent that the 
provision or order prohibits or otherwise restricts a party 
from disclosing any information relevant to the civil action 
to any Federal or State agency with authority to enforce 
laws regulating an activity relating to the information. 
‘‘(c) LIMITS ON SCOPE.— 
‘‘(1) IN GENERAL.—Subject to paragraph (2), a 
court shall not enforce any provision of a settlement 
agreement between or among parties to any civil ac-
tion in which the pleadings state facts that are rel-
evant to the protection of public health or safety 
that prohibits one or more parties from— 
‘‘(A) disclosing the fact that the settlement 
was reached or the terms of the settlement (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-
less the court finds that— 
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208 
‘‘(A) the public interest in the disclosure of 
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. 
‘‘(d) REBUTTABLE
PRESUMPTION
RELATING
TO 
PERSONALLY IDENTIFIABLE INFORMATION.—For pur-
poses of implementing subsections (a)(1)(B)(i) and 
(c)(2)(A), when weighing the interest in maintaining con-
fidentiality under this section, there shall be a rebuttable 
presumption that the interest in protecting personally 
identifiable information of an individual outweighs the 
public interest in disclosure. 
‘‘(e) RULE OF CONSTRUCTION.—Nothing in this sec-
tion shall be construed to permit, require, or authorize the 
disclosure of classified information (as defined under sec-
tion 1 of the Classified Information Procedures Act (18 
U.S.C. App.)).’’. 
(b) TECHNICAL AND CONFORMING AMENDMENT.— 
The table of sections for chapter 111 of title 28, United 
States Code, is amended by adding after the item relating 
to section 1659 the following: 
‘‘1660. Restrictions on protective orders and sealing of cases and settlements.’’. 
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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 
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210 
(B) a corporation, limited liability com-
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’’ 
means a provision in a covered agreement that has 
the purpose or effect of concealing the details of a 
claim relating to the antitrust dispute, civil rights 
dispute, consumer dispute, or employment dispute to 
which the covered agreement relates. 
(b) BAN ON SECRET SETTLEMENTS.—A secret set-
tlement provision— 
(1) shall be deemed against public policy; and 
(2) shall have no force or effect. 
(c) NOTICE.—A covered agreement shall include a 
bold, prominently placed notice stating that any secret set-
tlement provision in the covered agreement has no force 
or effect and is unenforceable against any person. 
(d) COSTS.—In any civil action, if a covered person 
seeks to enforce a secret settlement provision, the court 
may award costs, including reasonable attorney’s fees, to 
the person against whom the covered person seeks to en-
force the secret settlement provision. 
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211 
(e) PROHIBITION ON RETALIATION.—A covered per-
son shall not take or threaten to take any personnel action 
against a current or former employee of the covered per-
son based on whole or in part on a failure or refusal by 
the employee to sign or enter into a covered agreement 
that contains a secret settlement provision. 
SEC. 412. OVERSIGHT PROCESS FOR DISQUALIFICATION OF 
JUSTICE, JUDGE, OR MAGISTRATE JUDGE. 
Section 455 of title 28, United States Code, as 
amended by section 404 of this Act, is amended by adding 
at the end the following: 
‘‘(h)(1) Any litigant appearing before a justice, judge, 
or magistrate judge of the United States may file a peti-
tion that the justice, judge, or magistrate judge of the 
United States, as applicable, shall be disqualified based 
on the criteria described in subsection (b). 
‘‘(2)(A) Any judge or magistrate judge of the United 
States subject to a petition under paragraph (1) may pro-
vide a public, written response to the petition that provides 
a written explanation relating to any disqualification deci-
sion. 
‘‘(B) Any justice of the Supreme Court of the United 
States subject to a petition under paragraph (1) shall pro-
vide a public, written response to the petition that provides 
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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 written process 
described in subparagraph (B), which may include any 
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213 
procedures or software that may be necessary to determine 
whether a judge meets 1 or more of the criteria in sub-
section (b). 
‘‘(D) The process described in subparagraph (B) 
shall be made publicly available and, at a minimum— 
‘‘(i) include how an individual may make a peti-
tion under paragraph (1) for a judge to be disquali-
fied; 
‘‘(ii) ensure that a judge or group of judges 
other than the judge who is the subject of the in-
quiry determines whether the judge shall be disquali-
fied; 
‘‘(iii) allow the judge or group of judges making 
the disqualification determination to receive the ex-
pert advice of ethics personnel and officials, includ-
ing individuals with expertise in ethics at the Judi-
cial Conference or at the Office of Public Integrity; 
‘‘(iv) require that the judge be disqualified 
should another judge or group of judges determine 
that the judge must be disqualified in accordance 
with this subsection; and 
‘‘(v) require that all recusal decisions be made 
publicly available and be accompanied by a written 
explanation for the recusal decision.’’. 
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214 
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-
tion 352 of title 28, United States Code, is amended by 
adding at the end the following: 
‘‘(e) DEFINITION.—In this section, the term ‘inter-
vening events’ does not include the retirement of the judge 
whose conduct is complained of or the nomination or con-
firmation of the judge to the Supreme Court of the United 
States.’’. 
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215 
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. 
‘‘(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-
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216 
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). 
‘‘(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.’’. 
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217 
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 
(C) an adult child of the reporting indi-
vidual. 
(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 
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; 
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218 
(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. 
(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-
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219 
form the duties of a member of the Review 
Committee. 
(C) CITIZENSHIP.—Each member of the 
Review Committee shall be a United States cit-
izen. 
(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.); 
(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; 
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220 
(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. 
(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 
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221 
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). 
(d) CHAIRPERSON AND VICE-CHAIRPERSON.— 
(1) IN GENERAL.—The members of the Review 
Committee shall elect a chairperson and a vice-chair-
person of the Review Committee by a majority vote. 
The chairperson and the vice-chairperson shall serve 
a 1-year term, and may be reelected for additional 
1-year terms. 
(2) DUTIES.—The chairperson of the Review 
Committee shall preside at the meetings of the Re-
view Committee, and the vice-chairperson shall pre-
side in the absence or disability of the chairperson. 
(e) MEETINGS.— 
(1) QUORUM.—A majority of the members of 
the Review Committee shall constitute a quorum. 
(2) MEETINGS.—The Review Committee shall 
meet at the call of the chairperson, the chair of the 
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222 
Committee on the Judiciary of the House of Rep-
resentatives, or the call of a majority of its mem-
bers, pursuant to the rules of the Review Committee. 
(3) VOTING.—Except as otherwise specifically 
provided, a majority vote of the Review Committee 
under this subtitle shall require an affirmative vote 
of 3 or more members. 
(f) COMPENSATION.—A member of the Review Com-
mittee shall not be considered to be an officer or employee 
of the House or Senate, but shall be compensated at a 
rate equal to the daily equivalent of the minimum annual 
rate of basic pay prescribed for GS–15 of the General 
Schedule under section 5107 of title 5, United States 
Code, for each day (including travel time) during which 
such member is engaged in the performance of the duties 
of the Review Committee. 
(g) DUTIES OF REVIEW COMMITTEE.— 
(1) IN GENERAL.—The Review Committee shall 
review each complaint made against the Chief Jus-
tice of the United States or a Justice of the Su-
preme Court of the United States through the re-
view process described in subsection (m). 
(2) HEARINGS.—The Review Committee may 
hold such hearings as are necessary and may sit and 
act only in executive session at such times and 
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223 
places, solicit such testimony, and receive such rel-
evant evidence, as may be necessary to carry out its 
duties. 
(h) FINANCIAL DISCLOSURE REPORTS.— 
(1) IN GENERAL.—Each member of the Review 
Committee shall file an annual financial disclosure 
report with the Clerk of the House of Representa-
tives on or before May 15 of each calendar year im-
mediately following any year in which the member 
served on the Review Committee. Each such report 
shall be on a form prepared by the Clerk that is sub-
stantially similar to the form required for individuals 
at the executive branch who must complete a con-
fidential financial disclosure report under section 
102 of the Ethics in Government Act of 1978 (5 
U.S.C. App.). 
(2) DISTRIBUTION OF REPORT.—The Clerk of 
the House of Representatives shall— 
(A) not later than 7 days after the date 
each financial disclosure report under para-
graph (1) is filed, send a copy of each such re-
port to Committee on the Judiciary of the 
House of Representatives; and 
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224 
(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 
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 
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225 
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. 
(2) REFERRALS TO LAW ENFORCEMENT OFFI-
CIALS.— 
(A) IN GENERAL.—Upon a majority vote 
of the Review Committee, the Review Com-
mittee may refer potential legal violations com-
mitted by a justice to the Department of Jus-
tice or other relevant Federal or State law en-
forcement officials, which referral shall include 
all appropriate evidence gathered during any re-
view or preliminary investigation conducted 
under this subtitle. 
(B) NOTIFICATION.—The Review Com-
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 
be undertaken by the Review Committee of any com-
plaint— 
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226 
(A) that is directly related to the merits of 
a decision or procedural ruling; 
(B) that is frivolous, lacking sufficient evi-
dence to raise an inference that misconduct has 
occurred, or containing allegations that are in-
capable of being established through investiga-
tion; 
(C) concerning any alleged violation of law, 
rule, regulation or standard of conduct not in 
effect at the time of the alleged violation; or 
(D) concerning any alleged violation that 
occurred before the date of enactment of this 
Act. 
(j) PROHIBITION ON PUBLIC DISCLOSURE.— 
(1) IN GENERAL.— 
(A) PROHIBITION
ON
PUBLIC
DISCLO-
SURE.—No information obtained by a member 
or employee of the Review Committee regarding 
complaints shall be publicly disclosed to any 
person or entity outside the Review Committee, 
unless approved by a majority vote of the Re-
view Committee. Any communication to any 
person or entity outside the Review Committee 
may occur only as authorized by the Review 
Committee. 
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227 
(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 
SENATE
JUDICIARY
COMMITTEES.—Paragraph (1) 
shall not preclude— 
(A) any member or employee of the Review 
Committee from presenting a report or findings 
of the Committee, or testifying before the Com-
mittee on the Judiciary of the House of Rep-
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 
(C) any necessary communication with the 
Speaker or minority leader of the House of 
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228 
Representatives or the majority leader or mi-
nority leader of the Senate. 
(3) OPPORTUNITY
TO
PRESENT.—Before the 
Review Committee votes on a recommendation or 
statement to be transmitted to the Committee on the 
Judiciary of the House of Representatives relating 
to a complaint involving a justice, the Review Com-
mittee shall provide the justice whose conduct is the 
subject of the complaint the opportunity to present, 
orally or in writing (at the discretion of the justice), 
a statement to the Review Committee. 
(k) PRESENTATION OF REPORTS TO THE HOUSE JU-
DICIARY COMMITTEE.—Whenever the Review Committee 
transmits any report to the Committee on the Judiciary 
of the House of Representatives relating to a complaint 
involving a justice, the Review Committee shall designate 
a member or employee of the Review Committee to present 
the report to the House Judiciary Committee if requested 
by the Committee on the Judiciary of the House of Rep-
resentatives. 
(l) MAINTAINING OF FINANCIAL DISCLOSURE RE-
PORTS.—The Review Committee shall receive, and main-
tain, a copy of each report filed under section 101 of the 
Ethics in Government Act of 1978 (5 U.S.C. App.) by a 
Justice of the Supreme Court of the United States. 
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229 
(m) COMPLAINTS.— 
(1) SOURCE OF COMPLAINTS.—Any person, in-
cluding a judge, justice, or employee of the courts of 
the United States may file with the Review Com-
mittee a complaint alleging a violation by a justice 
of any law (including any regulation), rule, or other 
standard of conduct, including the Code of Conduct 
for United States Judges adopted by the Judicial 
Conference of the United States, applicable to the 
conduct of such justice in the performance of the du-
ties, or the discharge of the responsibilities, of the 
justice. 
(2) FALSE
CLAIMS
AND
STATEMENTS
AC-
KNOWLEDGMENT.—Any complaint submission under 
paragraph (1) shall include a signed statement ac-
knowledging that the person submitting the allega-
tion or information understands that section 1001 of 
title 18, United States Code (popularly known as the 
‘‘False Statements Act’’) applies to the information. 
(3) REVIEW PROCESS OF ALLEGED VIOLATIONS 
BY A JUSTICE.— 
(A) REVIEW AUTHORIZATION.— 
(i) IN
GENERAL.—After receiving a 
complaint under paragraph (1), the Review 
Committee may, by majority vote, author-
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230 
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). 
(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 
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231 
(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-
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-
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232 
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. 
(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; 
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233 
(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 
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 
whether the misconduct alleged in the 
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234 
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). 
(n) HOUSE JUDICIARY COMMITTEE CONSIDERATION 
OF REVIEW COMMITTEE REPORT.—If the Review Com-
mittee determines, after a review, that misconduct alleged 
in a complaint, if true, may constitute ‘‘Treason, Bribery, 
and other high Crimes and Misdemeanors’’ under section 
4 of article II of the Constitution of the United States, 
not later than 30 legislative days of continuous session in 
the House of Representatives after the Committee on the 
Judiciary of the House of Representatives receives a re-
port under subsection (m), the Committee on the Judici-
ary of the House of Representatives shall vote on whether 
to proceed with an investigation or an impeachment in-
quiry. 
(o) REQUEST
FROM
HOUSE
JUDICIARY
COM-
MITTEE.— 
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235 
(1) IN GENERAL.—Notwithstanding any other 
provision of this section, upon receipt of a written 
request from the Committee on the Judiciary of the 
House of Representatives that the Review Com-
mittee cease its review of any matter and refer such 
matter to the Committee on the Judiciary of the 
House of Representatives because of the ongoing in-
vestigation of the matter by the Committee on the 
Judiciary of the House of Representatives, the Re-
view Committee shall refer such matter to the Com-
mittee on the Judiciary of the House of Representa-
tives, cease its review of that matter and so notify 
any justice who is the subject of the review. 
(2) RESUMPTION
OF
REVIEW.—If the Com-
mittee on the Judiciary of the House of Representa-
tives notifies the Review Committee in writing that 
the Review Committee may continue its review of 
the complaint, the Review Committee may begin or 
continue, as the case may be, a review of the matter. 
(3) RULE OF CONSTRUCTION.—Nothing in this 
subsection shall be construed to prevent the Review 
Committee from sending any information regarding 
the matter to law enforcement agencies. 
(p) PROCEDURES.— 
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236 
(1) REVIEW POWERS.—Members or employees 
of the Review Committee may, during a review— 
(A) administer to or take from any person 
an oath, affirmation, or affidavit; 
(B) obtain information or assistance from 
any Federal, State, or local governmental agen-
cy, or other entity, or unit thereof, including all 
information kept in the course of business by 
the Judicial Conference of the United States, 
the judicial councils of circuits, the Administra-
tive Office of the United States Courts, and the 
United States Sentencing Commission; 
(C) take the deposition of witnesses; and 
(D) submit to the chair of the Committee 
on the Judiciary of the House of Representa-
tives a request for the Committee on the Judici-
ary of the House of Representatives to require 
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-
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237 
thorized to review from any individual or entity, 
which— 
(i) shall be handled in accordance 
with the rules of the Committee on the Ju-
diciary of the House of Representatives; 
and 
(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. 
(2) PROHIBITION OF EX PARTE COMMUNICA-
TIONS.—There shall be no ex parte communications 
between any member or employee of the Review 
Committee and any justice who is the subject of any 
review by the Review Committee or between any 
member of the Review Committee and any interested 
party. 
(3) OTHER
REVIEW
COMMITTEE
RULES
AND 
PROCEDURES.—The Review Committee is authorized 
to establish any additional rules or procedures pur-
suant to its duties and powers in paragraph (1) nec-
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essary to carry out the functions of the Review Com-
mittee in accordance with this section. 
(q) PERSONNEL MATTERS.— 
(1) APPOINTMENT AND COMPENSATION OF EM-
PLOYEES.—The Review Committee may appoint and 
fix the compensation of such professional, non-
partisan staff (including staff with relevant experi-
ence in investigations and law enforcement) of the 
Review Committee as it considers necessary to per-
form its duties, who— 
(A) shall perform all official duties in a 
nonpartisan manner; and 
(B) may not engage in any partisan polit-
ical activity directly affecting any congressional 
or presidential election, or any nomination of a 
Federal judge or justice. 
(2) QUALIFICATIONS.—Each employee of the 
Review Committee shall be professional and demon-
strably qualified for the position for which the em-
ployee is hired. 
(3) TERMINATION
OF
EMPLOYEES.—The em-
ployment of an employee of the Review Committee 
may be terminated at any time by the Review Com-
mittee. 
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(4) CODE
OF
CONDUCT.—The Review Com-
mittee shall establish a code of conduct to govern 
the behavior of the members or employees of the Re-
view Committee, which shall include the avoidance of 
conflicts of interest. 
(r) AUTHORIZATION OF APPROPRIATIONS.—There is 
authorized to be appropriated to carry out this section 
such sums as may be necessary. 
SEC. 416. EXPEDITED IMPEACHMENT OF FEDERAL JUDGES. 
Section 355(b) of title 28, United States Code, is 
amended by adding at the end the following: 
‘‘(3) EXPEDITED IMPEACHMENT.— 
‘‘(A) IN
GENERAL.—After the Judicial 
Conference transmits the determination and the 
record of proceedings under paragraph (1) or 
(2) to the House of Representatives, the deter-
mination and record shall be immediately re-
ferred to the Committee on the Judiciary of the 
House of Representatives. 
‘‘(B) VOTE.—Not later than 30 legislative 
days of continuous session in the House of 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 
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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 
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. 
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‘‘(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. 
(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. 
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(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.— 
(1) EXPERTISE.—In considering an application 
submitted by an eligible entity under subsection (c), 
the Director shall give priority to an application 
from an eligible entity with demonstrated cultural 
competency initiatives that has expertise in rep-
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resenting low-income persons in civil actions, which 
may include— 
(A) persons earning 200 percent or below 
of area median income, up to $100,000; 
(B) persons qualifying for means-tested 
public benefits; 
(C) persons who reside in subsidized hous-
ing; and 
(D) persons serving a term of imprison-
ment. 
(2) GEOGRAPHIC
DIVERSITY.—The Director 
shall give priority to areas of varying geographic size 
with the greatest showing of unmet need for counsel, 
and shall, to the extent practicable, equitably dis-
tribute funds on a geographic basis including non-
urban and rural areas of various geographic size. 
(3) NO
PREFERENCE
FOR
FEDERAL
ENTI-
TIES.—The Director may not prioritize distributing 
funds to Federal entities over making grants to eligi-
ble entities. 
(e) USE OF FUNDS.— 
(1) GRANT RECIPIENTS.—An eligible entity re-
ceiving a grant under this section shall use such 
funds as follows: 
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(A) In the case of an entity described in 
subsection (a)(2)(A), to provide financial com-
pensation to staff or contracted attorneys who 
provide counsel pursuant to requests under sec-
tion 1915(e)(1) of title 28, United States Code. 
(B) In the case of an entity described in 
subsection (a)(2)(B), to fund a clinical law pro-
gram that provides counsel pursuant to re-
quests under section 1915(e)(1) of title 28, 
United States Code. 
(C) In the case of an entity described in 
subparagraph (C) or (D) of subsection (a)(2), 
to provide financial compensation to attorneys 
who provide counsel pursuant to requests under 
section 1915(e)(1) of title 28, United States 
Code. 
(2) FEDERAL DEFENDERS AND COURTS.— 
(A) FEDERAL
DEFENDERS.—A Federal 
public defender organization and community de-
fender organization shall use funds under this 
section to provide financial compensation to 
staff or contracted attorneys who provide coun-
sel 
pursuant 
to 
requests 
under 
section 
1915(e)(1) of title 28, United States Code. 
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(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 
and outcomes of the matters for which such counsel 
was provided. 
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(2) Benefits related to increased access to coun-
sel and any remaining barriers to access to counsel 
pursuant to requests under such section 1915(e)(1). 
(3) Any changes in the frequency of requests 
made by courts under such section 1915(e)(1). 
(4) Other changes to the functioning of the 
Federal courts related to the pilot program, includ-
ing increases in efficiency of adjudication of cases 
and changes in the number of cases resolved in favor 
of the party for whom counsel was provided pursu-
ant to a request under such section 1915(e)(1). 
(5) Suggested changes to the pilot program to 
ensure greater access to justice for low-income liti-
gants. 
(h) AUTHORIZATION OF APPROPRIATIONS.—There is 
authorized to be appropriated such sums as may be nec-
essary for each of fiscal years 2021 through 2030, of 
which the Director may reserve not more than 5 percent 
for administrative costs. 
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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— 
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‘‘(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— 
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249 
‘‘(A) providing advice to designated agency eth-
ics officials, including legal advisories, education 
advisories, and program management advisories on 
substantive ethics issues; 
‘‘(B) providing training and education opportu-
nities to designated agency ethics officials on an on-
going basis; and 
‘‘(C) providing confidential advice, which, sub-
ject to paragraph (3), shall not lead to enforcement 
action, for any agency employee seeking confidential 
ethics advice. 
‘‘(3)(A) The Government Ethics Division may refer 
a matter for enforcement based on information obtained 
in providing advice to an employee under paragraph 
(2)(C) if the employee— 
‘‘(i) knowingly makes a material misrepresenta-
tion, including making a significant omission in pro-
viding information, to the Government Ethics Divi-
sion; 
‘‘(ii) has already taken the action in violation of 
the laws or regulations relating to conflicts of inter-
est or other ethics issues; 
‘‘(iii) reveals significant criminal activity, par-
ticularly criminal activity outside the jurisdiction of 
the Office of Public Integrity; 
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‘‘(iv) engaged in a prohibited personnel practice 
described in paragraph (8) or subparagraph (A)(i), 
(B), (C), or (D) of paragraph (9) of section 2302(b) 
of title 5, United States Code; or 
‘‘(v) engaged in other actions, as established by 
the Director by regulation. 
‘‘(B) An employee who seeks advice under paragraph 
(2)(C) may be subject to administrative remedies, such as 
reprimand, divestiture, forced recusal, or other corrective 
actions to remedy the violation. 
‘‘(C) Notwithstanding any other provision in this 
paragraph, the Director may promulgate regulations (in-
cluding regulations under subparagraph (A)(v)) to ensure 
that— 
‘‘(i) an employee who engages in conduct in 
good faith reliance upon an advisory opinion issued 
to the employee by the Government Ethics Division 
or a designated agency ethics official generally shall 
not be subject to civil, criminal, or disciplinary ac-
tion by the Office of Public Integrity; 
‘‘(ii) an advisory opinion issued to an employee 
by the Government Ethics Division or a designated 
agency ethics official shall not prevent the employee 
from being subject to other civil or disciplinary ac-
tion if the conduct of the employee violates another 
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251 
law, rule, regulation, or lawful management policy or 
directive; and 
‘‘(iii) if an employee has actual knowledge or 
reason to believe that an advisory opinion issued to 
the employee by the Government Ethics Division or 
a designated agency ethics official is based on fraud-
ulent, misleading, or otherwise incorrect information, 
the reliance of the employee on the opinion not be 
deemed to be in good faith.’’; 
(4) in section 403, by striking ‘‘Government 
Ethics’’ each place it appears and inserting ‘‘Public 
Integrity’’; and 
(5) in section 503(2), by striking ‘‘Government 
Ethics’’ and inserting ‘‘Public Integrity’’. 
(b) OFFICERS.— 
(1) DIRECTOR.—Section 401(b) of the Ethics 
in Government Act of 1978 (5 U.S.C. App.) is 
amended— 
(A) by inserting ‘‘(1)’’ before ‘‘There shall 
be’’; 
(B) by inserting ‘‘without regard to polit-
ical affiliation and solely on the basis of integ-
rity and demonstrated ability to fulfill the re-
sponsibilities of the role of Director’’ after ‘‘who 
shall be appointed’’; 
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(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); 
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253 
‘‘(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-
vidual to the position of Director, shall not served as 
a fiduciary or personal attorney for an officer or em-
ployee of the Federal Government, including anyone 
elected to public office.’’; and 
(E) by adding at the end the following: 
‘‘(4) The Director may only be removed from office 
by the President for inefficiency, neglect of duty, or mal-
feasance in office. 
‘‘(5) Not later than 30 days before the date on which 
the President removes the Director from office or trans-
fers the Director to another position or location for ineffi-
ciency, neglect of duty, or malfeasance in office, the Presi-
dent shall submit to the Senate and the House of Rep-
resentatives written notice of the reasons for the removal 
or transfer. 
‘‘(6) During the period of any absence or unavail-
ability of the Director, including a vacancy in the office 
of the Director, all powers and duties of the Director shall 
be vested in the Deputy Director. 
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‘‘(7) The Director may continue to serve beyond the 
expiration of the term of the Director until a successor 
is appointed, by and with the advice and consent of the 
Senate.’’. 
(2) ASSISTANT DIRECTORS.—Section 401(c)(1) 
of the Ethics in Government Act of 1978 (5 U.S.C. 
App.) is amended by inserting ‘‘and Assistant Direc-
tors (which may include an Assistant Director for 
Investigations, an Assistant Director for Govern-
ment Transparency, and an Assistant Director for 
the Government Ethics Division)’’ after ‘‘including 
attorneys’’. 
(3) DEPUTY
DIRECTOR.—Section 401 of the 
Ethics in Government Act of 1978 (5 U.S.C. App.) 
is amended by adding after subsection (e), as added 
by subsection (a) of this section, the following: 
‘‘(f)(1) There shall be in the Office of Public Integrity 
a Deputy Director, who shall— 
‘‘(A) be appointed by the President in accord-
ance with paragraph (2), by and with the advice and 
consent of the Senate; and 
‘‘(B) serve as acting Director in the event of 
the absence or unavailability of the Director, includ-
ing a vacancy in the office of the Director. 
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‘‘(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-
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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 
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(iii) by striking ‘‘title II of this Act’’ 
and inserting ‘‘title I’’; 
(B) in paragraph (2)— 
(i) by striking ‘‘the President or’’; and 
(ii) by inserting ‘‘and other ethics 
issues’’ before the semicolon; 
(C) in paragraph (3), by striking ‘‘title II 
of this Act’’ and inserting ‘‘title I’’; 
(D) in paragraph (4)— 
(i) by striking ‘‘conflict of interest 
laws or regulations’’ and inserting ‘‘laws or 
regulations relating to conflicts of interest 
or other ethics issues’’; and 
(ii) by striking ‘‘ethical problems’’ and 
inserting ‘‘other ethics issues’’; 
(E) in paragraph (6)— 
(i) by striking ‘‘the President or’’; and 
(ii) by striking ‘‘ethical problems’’ and 
inserting ‘‘other ethics issues’’; 
(F) in paragraph (7), by striking ‘‘conflict 
of interest problems’’ and inserting ‘‘conflicts of 
interest or other ethics issues’’; 
(G) by striking paragraph (9) and insert-
ing the following: 
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‘‘(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 
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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: 
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‘‘(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 
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the public of alleged violations of the laws or regula-
tions relating to conflicts of interest or other ethics 
issues; 
‘‘(18) reporting publicly anonymized informa-
tion regarding the resolution of complaints received 
under paragraph (17); 
‘‘(19) making available online on a central 
website that allows records to be available in a 
searchable, sortable, and downloadable format all 
ethics records that are required to be made publicly 
available under any provision of law, or that the Di-
rector determines may and should be made publicly 
available, including ethics records described sub-
section (j)(1); 
‘‘(20) after providing notice and an opportunity 
for a hearing, imposing appropriate civil monetary 
penalties against individuals and entities who violate 
the laws or regulations relating to conflicts of inter-
est or other ethics issues; 
‘‘(21) making appropriate enforcement referrals 
to the Securities and Exchange Commission, the Of-
fice of the Special Counsel, and other relevant Fed-
eral or State law enforcement agencies in instances 
of violations of Federal or State law, where appro-
priate; 
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‘‘(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)— 
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(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)— 
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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 
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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 
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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— 
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267 
‘‘(I) appeal a final order or decision of the Di-
rector to the Merit Systems Protection Board under 
section 7701 of title 5, United States Code; and 
‘‘(II) seek judicial review of a final order or de-
cision of the Merit Systems Protection Board in the 
Court of Appeals for the Federal Circuit in accord-
ance with section 7703 of title 5, United States 
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)’’; 
(D) by striking paragraph (5); and 
(E) by redesignating paragraph (6) as 
paragraph (5); and 
(5) by adding at the end the following: 
‘‘(g) As part of an investigation of potential violations 
of the laws or regulations relating to conflicts of interest 
or other ethics issues, the Director may require by sub-
poena the attendance of and testimony by witnesses and 
the production any book, check, canceled check, cor-
respondence, communication, document, email, papers, 
physical evidence, record, recording, tape, or other mate-
rial (including electronic records) relating to any matter 
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268 
or question the Director is authorized to investigate from 
any individual or entity. 
‘‘(h)(1) If the Attorney General declines to prosecute 
a criminal matter referred by the Director, the Attorney 
General shall submit to the Director and make publicly 
available written notice regarding the declination. 
‘‘(2) The Attorney General may redact information 
from the publicly available written notice under paragraph 
(1) if the Attorney General determines that disclosure of 
the information would constitute a clearly unwarranted in-
vasion of personal privacy. 
‘‘(i)(1) In addition to the authority otherwise pro-
vided by this Act, the Director, any Assistant Director for 
Investigations under the Director who is appointed by the 
Director, and any special agent supervised by the Director 
or Assistant Director may be authorized by the Attorney 
General to seek warrants for search of a premises or sei-
zure of evidence issued under the authority of the United 
States upon probable cause to believe that a violation has 
been committed. 
‘‘(2) The Attorney General shall promulgate, and re-
vise as appropriate, guidelines which shall govern the exer-
cise of the law enforcement powers established under para-
graph (1). 
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‘‘(3)(A) The power authorized for the Office of Public 
Integrity under paragraph (1) may be rescinded or sus-
pended upon— 
‘‘(i) a determination by the Attorney General 
that the exercise of authorized power by the Office 
of Public Integrity has not complied with the guide-
lines promulgated by the Attorney General under 
paragraph (2); or 
‘‘(ii) a determination by the Attorney General 
that available assistance from other law enforcement 
agencies is sufficient to meet the need for such pow-
ers. 
‘‘(B) The powers authorized to be exercised by any 
individual under paragraph (1) may be rescinded or sus-
pended with respect to that individual upon a determina-
tion by the Attorney General that such individual has not 
complied with guidelines promulgated by the Attorney 
General under paragraph (2). 
‘‘(4) No provision of this subsection shall limit the 
exercise of law enforcement powers established under any 
other statutory authority, including United States Mar-
shals Service special deputation. 
‘‘(j)(1) In carrying out subsection (b)(19), except for 
classified records and any specific record described in this 
paragraph the Director determines should not be made 
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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 
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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; 
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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.’’. 
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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 
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274 
‘‘(C) any comments of the Director with respect 
to the proposal by the President if the Director con-
cludes that the budget submitted by the President 
would substantially inhibit the Director from per-
forming the duties of the office.’’. 
(e) DEFINITIONS.—Title IV of the Ethics in Govern-
ment Act of 1978 (5 U.S.C. App.) is amended by adding 
at the end the following: 
‘‘SEC. 409. DEFINITIONS.—For purposes of this 
title— 
‘‘(1) the term ‘agency’ includes the Executive 
Office of the President; 
‘‘(2) the term ‘head of an agency’ includes the 
President or a designee of the President, for pur-
poses of applying this title to the White House and 
the Executive Office of the President; and 
‘‘(3) the term ‘laws or regulations relating to 
conflicts of interest or other ethics issues’ includes 
this Act, sections 203 through 209 of title 18, 
United States Code, the Stop Trading on Congres-
sional Knowledge Act of 2012 (Public Law 112–105; 
5 U.S.C. App., note to section 101 of Public Law 
95–521), any Executive order substantially con-
cerning Government ethics, any written ethics agree-
ment or pledge signed by a Presidential appointee, 
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275 
and any other relevant ethics statutes or regula-
tions.’’. 
(f) PROVISION OF FINANCIAL DISCLOSURES TO THE 
OFFICE OF PUBLIC INTEGRITY.—Section 103(j) of the 
Ethics in Government Act of 1978 (5 U.S.C. App.) is 
amended— 
(1) in paragraph (1), by inserting ‘‘and the Di-
rector of the Office of Public Integrity’’ after ‘‘Offi-
cial Conduct of the House of Representatives’’; and 
(2) in paragraph (2), by inserting ‘‘and the Di-
rector of the Office of Public Integrity’’ after ‘‘Eth-
ics of the Senate’’. 
(g) TECHNICAL AND CONFORMING AMENDMENTS.— 
(1) Section 5314 of title 5, United States Code, 
is amended by striking the item relating to the Di-
rector of the Office of Government Ethics and in-
serting the following: 
‘‘Director of the Office of Public Integrity.’’. 
(2) Section 7302(a) of title 5, United States 
Code, is amended by striking ‘‘Government Ethics’’ 
and inserting ‘‘Public Integrity’’. 
(3) Section 7353(d)(1)(D) of title 5, United 
States Code, is amended by striking ‘‘Government 
Ethics’’ and inserting ‘‘Public Integrity’’. 
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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 
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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 
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278 
in the matter preceding paragraph (1) by striking 
‘‘Government Ethics’’ and inserting ‘‘Public Integ-
rity’’. 
SEC. 512. DESIGNATED AGENCY ETHICS OFFICIALS. 
(a) IN GENERAL.—Section 109(3) of the Ethics in 
Government Act of 1978 (5 U.S.C. App.) is amended to 
read as follows: 
‘‘(3) ‘designated agency ethics official’ means 
an officer or employee of an agency— 
‘‘(A) who is appointed and supervised by 
the head of the agency, after consultation with 
the Director of the Office of Public Integrity 
and the Inspector General of the agency; 
‘‘(B) who may only be removed by the 
head of the agency, after consultation with the 
Director of the Office of Public Integrity and 
the Inspector General of the agency; 
‘‘(C) has a permanent duty station in the 
same physical building as the head of the agen-
cy employing the officer or employee, unless the 
head of the agency is the President; 
‘‘(D) is designated to administer the provi-
sions of this title within the agency, except as 
they pertain to the head of the agency; 
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‘‘(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; 
and 
‘‘(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 (including 
any ethics agreement, financial disclosure, recusal 
agreement, or divestment determination) by the des-
ignated agency ethics official relating to the applica-
tion or implementation of the laws or regulations re-
lating to conflicts of interest or other ethics issues 
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280 
(including this title) for any individual serving in a 
position— 
‘‘(i) on any level of the Executive Schedule 
under subchapter II of chapter 53 of title 5, 
United States Code; 
‘‘(ii) in the executive branch pursuant to 
an appointment by the President, by and with 
the advice and consent of the Senate; or 
‘‘(iii) in the Executive Office of the Presi-
dent; 
‘‘(B) any determination by the designated agen-
cy ethics official relating to the application or imple-
mentation of the laws or regulations relating to con-
flicts of interest or other ethics issues (including this 
title) that the Director requests from the designated 
agency ethics official. 
‘‘(2) The Director of the Office of Public Integrity— 
‘‘(A) may review any determination received 
under paragraph (1); 
‘‘(B) shall notify and advise the designated 
agency ethics official if the Director determines that 
the determination received under paragraph (1) does 
not comport with the laws or regulations relating to 
conflicts of interest or other ethics issues; 
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281 
‘‘(C) not later than 30 days after the notifica-
tion and advice under subparagraph (B), may re-
verse or modify the determination if the Director de-
termines that the determination does not comport 
with the laws or regulations relating to conflicts of 
interest or other ethics issues; and 
‘‘(D) shall periodically audit a sample of deter-
minations 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 
‘‘(B) recommend that the head of the agency 
take a specific disciplinary action (including dis-
missal). 
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282 
‘‘(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. 
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283 
Subtitle B—Inspectors General 
SEC. 531. GENERAL SUPERVISION AND REMOVAL OF IN-
SPECTORS GENERAL. 
(a) IN GENERAL.—The Inspector General Act of 
1978 (5 U.S.C. App.) is amended— 
(1) in section 3— 
(A) in subsection (a), by striking the sec-
ond sentence and inserting the following: ‘‘Each 
Inspector General shall report to and be under 
the general supervision of the Director of the 
Office of Public Integrity, and shall not report 
to, or be subject to supervision by, any other of-
ficer of the establishment involved.’’; and 
(B) in subsection (b)— 
(i) in the first sentence— 
(I) by inserting ‘‘(1)’’ before ‘‘An 
Inspector General’’; and 
(II) by inserting ‘‘for inefficiency, 
neglect of duty, or malfeasance in of-
fice’’ before the period at the end; 
(ii) by striking the second sentence 
and inserting the following: ‘‘The Director 
of the Office of Public Integrity may make 
a formal recommendation to the President 
for the removal of an Inspector General 
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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 
(iii) by adding at the end the fol-
lowing: 
‘‘(2)(A) In the event of a vacancy in the position of 
Inspector General of an establishment of more than 210 
days, the Director of the Office of Public Integrity may 
direct an officer or employee of the establishment to per-
form the functions and duties of the position of Inspector 
General temporarily in an acting capacity for a period of 
not more than 365 days. 
‘‘(B) If an Inspector General of an establishment is 
not appointed during the 365-day period described in sub-
paragraph (A), the Director of the Office of Public Integ-
rity may direct the same or another officer or employee 
of the establishment to perform the functions and duties 
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285 
of the position of Inspector General temporarily in an act-
ing capacity for a period of not more than 365 days. 
‘‘(C) If an Inspector General of an establishment is 
not appointed during the 365-day period described in sub-
paragraph (B), the Director of the Office of Public Integ-
rity may direct the same or another officer or employee 
of the establishment to perform the functions and duties 
of the position of Inspector General temporarily in an act-
ing capacity for a period of not more than 365 days.’’; 
(2) in section 8A(a), by inserting ‘‘and the Di-
rector of the Office of Public Integrity’’ before the 
period at the end; 
(3) in section 8B, by amending subsection (a) 
to read as follows: 
‘‘(a) The Director of the Office of Public Integrity— 
‘‘(1) may delegate the authority specified in the 
second sentence of section 3(a) to the Chairman or 
another member of the Nuclear Regulatory Commis-
sion; 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 Nuclear Regulatory Commis-
sion.’’; 
(4) in section 8C, by amending subsection (a) 
to read as follows: 
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‘‘(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’’; 
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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; 
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288 
(B) in subparagraph (B)(iii)(II), by strik-
ing the period at the end and inserting a semi-
colon; and 
(C) by adding at the end the following: 
‘‘(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.’’. 
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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 
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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 
(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.’’. 
(d) INSPECTOR
GENERAL
OF
SIGAR.—Section 
1229(e)(1) of the National Defense Authorization Act for 
Fiscal Year 2008 (Public Law 110–181; 122 Stat. 379) 
is amended by striking ‘‘the Secretary of State and the 
Secretary of Defense’’ and inserting ‘‘the Director of the 
Office of Public Integrity, who may delegate that authority 
to the Secretary of State and the Secretary of Defense’’. 
(e) INSPECTOR GENERAL
OF SIGTARP.—Section 
121(b) of the Emergency Economic Stabilization Act of 
2008 (12 U.S.C. 5231(b)) is amended by adding at the 
end the following: 
‘‘(7) The Special Inspector General shall report to 
and be under the general supervision of the Director of 
the Office of Public Integrity, who may delegate that au-
thority to the Secretary.’’. 
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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, 
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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; 
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(4) the term ‘‘employee of the House of Rep-
resentatives’’ has the meaning given the term in sec-
tion 101 of the Congressional Accountability Act of 
1995 (2 U.S.C. 1301) and includes an elected or ap-
pointed officer of the House of Representatives; 
(5) the term ‘‘employee of the Senate’’ has the 
meaning given the term in section 101 of the Con-
gressional Accountability Act of 1995 (2 U.S.C. 
1301) and includes an elected or appointed officer of 
the Senate; and 
(6) the term ‘‘Member’’ means any Senator or 
Representative in, or Delegate or Resident Commis-
sioner to, the Congress. 
SEC. 552. THE OFFICE OF CONGRESSIONAL ETHICS. 
For the purpose of assisting the House of Represent-
atives and the Senate in carrying out the responsibilities 
under article I, section 5, clause 2 of the Constitution of 
the United States (commonly referred to as the ‘‘Dis-
cipline Clause’’), there is established an independent office 
in the legislative branch to be known as the ‘‘Office of 
Congressional Ethics’’ (referred to in this subtitle as the 
‘‘Office’’), which shall be governed by the Congressional 
Ethics Board established under section 553(a). 
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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; 
(C) 2 shall be appointed by the Speaker of 
the House of Representatives; 
(D) 2 shall be appointed by the minority 
leader of the House of Representatives; and 
(E) 1 shall be appointed by agreement of 
the President pro tempore of the Senate, the 
minority leader of the Senate, the Speaker of 
the House of Representatives, and the minority 
leader of the House of Representatives, or by 
agreement of not less than 3 of those 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-
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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. 
(C) CITIZENSHIP.—Each member of the 
Board shall be a United States citizen. 
(D) DISQUALIFICATIONS.—No individual 
shall be eligible for appointment to, or service 
on, the Board who— 
(i) has ever been registered, or 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, 
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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-
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pore and the minority leader of the Senate and 
the Speaker and the minority leader of the 
House of Representatives. 
(D) VACANCIES.—Any vacancy on the 
Board shall be filled for the unexpired portion 
of the term in the same manner, and by the 
same appointing authority, as the original ap-
pointment under paragraph (1). 
(b) CHAIRPERSON AND VICE-CHAIRPERSON.— 
(1) IN GENERAL.—The members of the Board 
shall elect a chairperson and a vice-chairperson of 
the Board by a majority vote. The chairperson and 
the vice-chairperson shall serve a 1-year term, and 
may be reelected for additional 1-year terms. 
(2) DUTIES.—The chairperson of the Board 
shall preside at the meetings of the Board, and the 
vice-chairperson shall preside in the absence or dis-
ability of the chairperson. 
(c) MEETINGS.— 
(1) QUORUM.—A majority of the members of 
the Board shall constitute a quorum, except that a 
lesser number of members may hold hearings. 
(2) MEETINGS.—The Board shall meet at the 
call of the chairperson or the call of a majority of 
its members, pursuant to the rules of the Board. 
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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 
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299 
such testimony, and receive such relevant evidence, 
as may be necessary to carry out its duties. 
(f) FINANCIAL DISCLOSURE REPORTS.— 
(1) IN GENERAL.—Each member of the Board 
shall file an annual financial disclosure report with 
the Secretary of the Senate and the Clerk of the 
House of Representatives on or before May 15 of 
each calendar year immediately following any year in 
which the member served on the Board. Each such 
report shall be on a form prepared jointly by the 
Clerk and the Secretary that is substantially similar 
to the form required for individuals at the executive 
branch who must complete a confidential financial 
disclosure report under section 102 of the Ethics in 
Government Act of 1978 (5 U.S.C. App.). 
(2) DISTRIBUTION OF REPORT.—The Secretary 
of the Senate and the Clerk of the House of Rep-
resentatives, working jointly, 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 the applicable ethics committees; and 
(B) annually print all such financial disclo-
sure reports as a document of Congress, and 
make the document available to the public. 
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SEC. 554. DUTIES AND POWERS OF THE OFFICE AND THE 
BOARD. 
(a) IN GENERAL.—The Office is authorized— 
(1) in accordance with section 555— 
(A) to investigate any alleged violation, by 
a Member or employee of Congress, of any eth-
ics law (including regulations), rule, or other 
standard of conduct applicable to the conduct of 
such Member or employee under applicable 
House or Senate rules in the performance of 
the duties, or the discharge of the responsibil-
ities, of the Member or employee; and 
(B) in any case where the Board deter-
mines, after the investigation described in sub-
paragraph (A), that there is a reasonable basis 
to believe an alleged violation of any ethics law, 
rule, or other standard of conduct described in 
such subparagraph, to present the alleged ethics 
violation and any material evidence to the appli-
cable ethics committee; 
(2) to refer to appropriate Federal or State au-
thorities, including the Office of Public Integrity and 
the Department of Justice as appropriate, any evi-
dence of a violation by a Member or employee of 
Congress of any law (including laws applicable to the 
performance of the duties, or the discharge of the 
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301 
responsibilities, of the Member or employee), which 
may have been disclosed in an investigation by the 
Office, in accordance with subsection (b); 
(3) to provide advice and informal guidance to 
Members and employees of Congress regarding any 
ethics law (including regulations), rule, or other 
standard of conduct applicable to such individuals in 
their official capacities, and develop and carry out 
periodic educational briefings for Members and em-
ployees of Congress on those laws, rules, and other 
standards; 
(4)(A) to give consideration to the request of 
any Member or employee of Congress for a formal 
advisory opinion or other formal ruling, subject to 
the approval of the applicable ethics committee, with 
respect to the general propriety of any current or 
proposed conduct of such Member or employee; 
(B) to provide a formal advisory opinion or 
other formal ruling, in accordance with subpara-
graph (A), in situations that the Board determines 
appropriate; and 
(C) subject to the requirement for approval by 
the applicable ethics committee in accordance with 
subsection (c), and with appropriate deletions to as-
sure the privacy of the individual concerned, to pub-
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