113 
(bb) by striking ‘‘to such 
persons’’ and inserting ‘‘to those 
governments’’; and 
(ii) in paragraph (2), in the second 
sentence— 
(I) by striking ‘‘persons who’’ 
and inserting ‘‘representatives of Fed-
eral, State, local, or tribal govern-
ments that’’; and 
(II) by striking ‘‘, including resi-
dents of rural areas’’; 
(3) in section 564— 
(A) in the section heading, by striking ‘‘; 
applications for membership on com-
mittees’’; 
(B) in subsection (a)— 
(i) in paragraph (4), by striking ‘‘the 
persons’’ and inserting ‘‘the representa-
tives of Federal, State, local, and tribal 
governments’’; 
(ii) in paragraph (6), by adding ‘‘and’’ 
at the end; 
(iii) in paragraph (7), by striking ‘‘; 
and’’ and inserting a period; and 
(iv) by striking paragraph (8); 
VerDate Sep 11 2014 
21:49 Nov 21, 2018
Jkt 089200
PO 00000
Frm 00113
Fmt 6652
Sfmt 6201
E:\BILLS\H7140.IH
H7140
pamtmann on DSKBFK8HB2PROD with BILLS
114 
(C) by striking subsection (b); 
(D) by redesignating subsection (c) as sub-
section (b); and 
(E) in subsection (b), as so redesignated— 
(i) in the subsection heading, by strik-
ing ‘‘AND APPLICATIONS’’; and 
(ii) by striking ‘‘and applications’’; 
(4) in section 565(a)— 
(A) in paragraph (1), in the first sentence, 
by striking ‘‘and applications’’; and 
(B) in paragraph (2)— 
(i) by striking ‘‘and applications’’; and 
(ii) by striking ‘‘publications,’’ and all 
that follows through the period at the end 
and inserting ‘‘publications.’’; and 
(5) in section 569(a), in the first sentence— 
(A) by striking ‘‘and encourage agency use 
of’’; and 
(B) by inserting ‘‘between Federal, State, 
local, and tribal governments’’ after ‘‘negotiated 
rulemaking’’. 
(b) TECHNICAL AND CONFORMING AMENDMENTS.— 
(1) BALANCED BUDGET ACT OF 1997.—Section 
4554(b)(1) of the Balanced Budget Act of 1997 (42 
U.S.C. 1395u note) is amended by striking ‘‘, using 
VerDate Sep 11 2014 
21:49 Nov 21, 2018
Jkt 089200
PO 00000
Frm 00114
Fmt 6652
Sfmt 6201
E:\BILLS\H7140.IH
H7140
pamtmann on DSKBFK8HB2PROD with BILLS
115 
a negotiated rulemaking process under subchapter 
III of chapter 5 of title 5, United States Code’’. 
(2) ELEMENTARY AND SECONDARY EDUCATION 
ACT OF 1965.—The Elementary and Secondary Edu-
cation Act of 1965 (20 U.S.C. 6301 et seq.) is 
amended— 
(A) in section 1601 (20 U.S.C. 6571)— 
(i) in subsection (a), by striking ‘‘sub-
sections (b) through (d)’’ and insert ‘‘sub-
section (b)’’; 
(ii) by striking subsections (b) and 
(c); and 
(iii) by redesignating subsections (d) 
and (e) as subsections (b) and (c), respec-
tively; 
(B) by repealing section 1602 (20 U.S.C. 
6572); and 
(C) in section 8204(c)(1) (20 U.S.C. 
7824(c)(1)), by striking ‘‘using a negotiated 
rulemaking process to develop regulations for 
implementation no later than the 2017-2018 
academic year, shall define’’ and inserting 
‘‘shall, for implementation no later than the 
2017–2018 academic year, define’’. 
VerDate Sep 11 2014 
21:49 Nov 21, 2018
Jkt 089200
PO 00000
Frm 00115
Fmt 6652
Sfmt 6201
E:\BILLS\H7140.IH
H7140
pamtmann on DSKBFK8HB2PROD with BILLS
116 
(3) HEALTH INSURANCE PORTABILITY AND AC-
COUNTABILITY ACT OF 1996.—Section 216(b) of the 
Health Insurance Portability and Accountability Act 
of 1996 (42 U.S.C. 1320a–7b note) is amended— 
(A) in the subsection heading, by striking 
‘‘NEGOTIATED’’; 
(B) by striking ‘‘(1) ESTABLISHMENT.—’’ 
and all that follows through ‘‘chapter 5 of title 
5, United States Code, standards’’ and insert-
ing the following: 
‘‘(1) IN GENERAL.—The Secretary of Health 
and Human Services (in this subsection referred to 
as the ‘Secretary’) shall establish standards’’; 
(C) by striking paragraphs (2) through 
(9); 
(D) by redesignating subparagraph (B) of 
paragraph (1) as paragraph (2) and adjusting 
the margins accordingly; and 
(E) in paragraph (2), as so redesignated, 
by striking ‘‘subparagraph (A)’’ and inserting 
‘‘paragraph (1)’’. 
(4) HIGHER
EDUCATION
ACT
OF
1965.—The 
Higher Education Act of 1965 (20 U.S.C. 1001 et 
seq.) is amended— 
(A) in section 207 (20 U.S.C. 1022f)— 
VerDate Sep 11 2014 
21:49 Nov 21, 2018
Jkt 089200
PO 00000
Frm 00116
Fmt 6652
Sfmt 6201
E:\BILLS\H7140.IH
H7140
pamtmann on DSKBFK8HB2PROD with BILLS
117 
(i) by striking subsection (c); and 
(ii) by redesignating subsection (d) as 
subsection (c); 
(B) in section 422(g)(1) (20 U.S.C. 
1072(g)(1))— 
(i) in subparagraph (B), by adding 
‘‘and’’ at the end; 
(ii) in subparagraph (C), by striking 
‘‘; and’’ and inserting a period; and 
(iii) by striking subparagraph (D); 
(C) in section 487A(b)(3)(B) (20 U.S.C. 
1094a(b)(3)(B)), by striking ‘‘in the negotiated 
rulemaking process,’’; 
(D) in section 491(l)(4)(A) (20 U.S.C. 
1098(l)(4)(A)), by striking ‘‘, not later than two 
years after the completion of the negotiated 
rulemaking process required under section 492 
resulting from the amendments to this Act 
made by the Higher Education Opportunity 
Act,’’; and 
(E) in section 492 (20 U.S.C. 1098a)— 
(i) in the section heading, by striking 
‘‘NEGOTIATED’’; and 
(ii) by amending subsection (b) to 
read as follows: 
VerDate Sep 11 2014 
21:49 Nov 21, 2018
Jkt 089200
PO 00000
Frm 00117
Fmt 6652
Sfmt 6201
E:\BILLS\H7140.IH
H7140
pamtmann on DSKBFK8HB2PROD with BILLS
118 
‘‘(b) ISSUANCE OF REGULATIONS.—After obtaining 
the advice and recommendations described in subsection 
(a)(1), the Secretary shall issue final regulations within 
the 360-day period described in section 437(e) of the Gen-
eral Education Provisions Act (12 U.S.C. 1232(e)).’’. 
(5) HOUSING ACT OF 1949.—Section 515(r)(3) 
of the Housing Act of 1949 (42 U.S.C. 1485) is 
amended by striking ‘‘in accordance with’’ and all 
that follows through the period at the end and in-
serting ‘‘under the rulemaking authority contained 
in section 557 of title 5, United States Code.’’. 
(6) MAGNUSON-STEVENS
FISHERY
CONSERVA-
TION
AND
MANAGEMENT
ACT.—Section 305(g) of 
the Magnuson-Stevens Fishery Conservation and 
Management Act (16 U.S.C. 1855(g)) is amended— 
(A) by striking paragraphs (2) and (3); 
(B) in paragraph (1)— 
(i) by striking ‘‘(A)’’; and 
(ii) by redesignating subparagraph 
(B) as paragraph (2) and adjusting the 
margins accordingly; and 
(C) in paragraph (2), as so redesignated, 
by striking the second sentence. 
(7) MANDATORY
PRICE
REPORTING
ACT
OF 
2010.—Section 2(b) of the Mandatory Price Report-
VerDate Sep 11 2014 
21:49 Nov 21, 2018
Jkt 089200
PO 00000
Frm 00118
Fmt 6652
Sfmt 6201
E:\BILLS\H7140.IH
H7140
pamtmann on DSKBFK8HB2PROD with BILLS
119 
ing Act of 2010 (Public Law 111–239; 124 Stat. 
2501) is amended— 
(A) by striking ‘‘WHOLESALE PORK CUTS’’ 
and all that follows through ‘‘Chapter 3’’ and 
inserting ‘‘WHOLESALE PORK CUTS.—Chapter 
3’’; and 
(B) by striking paragraphs (2), (3), and 
(4) (7 U.S.C. 1635k note). 
(8) PATIENT
PROTECTION
AND
AFFORDABLE 
CARE ACT.—Section 5602 of the Patient Protection 
and Affordable Care Act (42 U.S.C. 254b note) is 
amended— 
(A) in the section heading, by striking 
‘‘NEGOTIATED’’; 
(B) by striking subsections (b) through 
(h); 
(C) in subsection (a)— 
(i) by redesignating paragraph (2) as 
subsection (b) and adjusting the margins 
accordingly; and 
(ii) in paragraph (1)— 
(I) by striking ‘‘(1) IN
GEN-
ERAL.—’’; and 
VerDate Sep 11 2014 
21:49 Nov 21, 2018
Jkt 089200
PO 00000
Frm 00119
Fmt 6652
Sfmt 6201
E:\BILLS\H7140.IH
H7140
pamtmann on DSKBFK8HB2PROD with BILLS
120 
(II) by redesignating subpara-
graphs (A) and (B) as paragraphs (1) 
and (2), respectively; and 
(D) in subsection (b), as so redesignated, 
by striking ‘‘paragraph (1)’’ and inserting ‘‘sub-
section (a)’’. 
(9) PRICE-ANDERSON
AMENDMENTS
ACT
OF 
1988.—The Price-Anderson Amendments Act of 
1988 (Public Law 100–408; 102 Stat. 1066) is 
amended— 
(A) by striking subsection (b); and 
(B) in subsection (a)— 
(i) by striking ‘‘(1) PURPOSE.—’’; and 
(ii) by redesignating paragraph (2) as 
subsection (b) and adjusting the margins 
accordingly. 
(10) SOCIAL
SECURITY
ACT.—Title XVIII of 
the Social Security Act (42 U.S.C. 1395 et seq.) is 
amended— 
(A) in section 1834(l)(1) (42 U.S.C. 
1395m(l)(1)), by striking ‘‘through a negotiated 
rulemaking process described in title 5, United 
States Code, and’’; and 
(B) in section 1856(a) (42 U.S.C. 1395w– 
26(a))— 
VerDate Sep 11 2014 
21:49 Nov 21, 2018
Jkt 089200
PO 00000
Frm 00120
Fmt 6652
Sfmt 6201
E:\BILLS\H7140.IH
H7140
pamtmann on DSKBFK8HB2PROD with BILLS
121 
(i) by striking paragraphs (2) through 
(9); 
(ii) in paragraph (1)— 
(I) by striking ‘‘(A) IN
GEN-
ERAL.—’’; 
(II) by striking ‘‘and using a ne-
gotiated rulemaking process under 
subchapter III of chapter 5 of title 
5’’; and 
(III) by redesignating subpara-
graph (B) as paragraph (2) and ad-
justing the margins accordingly; and 
(iii) in paragraph (2), as so redesig-
nated, by striking ‘‘subparagraph (A)’’ and 
inserting ‘‘paragraph (1)’’. 
(11) TITLE 5.—The table of sections for sub-
chapter III of chapter 5 of title 5, United States 
Code, is amended by striking the item relating to 
section 564 and inserting the following: 
‘‘564. Publication of notice.’’. 
(12) TITLE
49.—Section 31136(g)(1) of title 
49, United States Code, is amended— 
(A) by striking ‘‘shall—’’ and all that fol-
lows through ‘‘issue’’ and inserting ‘‘shall 
issue’’; 
VerDate Sep 11 2014 
21:49 Nov 21, 2018
Jkt 089200
PO 00000
Frm 00121
Fmt 6652
Sfmt 6201
E:\BILLS\H7140.IH
H7140
pamtmann on DSKBFK8HB2PROD with BILLS
122 
(B) by striking ‘‘; or’’ and inserting a pe-
riod; and 
(C) by striking subparagraph (B). 
(13) TOXIC SUBSTANCES CONTROL ACT.—Sec-
tion 8(a) of the Toxic Substances Control Act (15 
U.S.C. 2607(a)) is amended by striking paragraph 
(6). 
(14) UNITED STATES HOUSING ACT OF 1937.— 
Section 9 of the United States Housing Act of 1937 
(42 U.S.C. 1437g) is amended by repealing sub-
section (f). 
SEC. 306. STREAMLINING OIRA REVIEW. 
(a) DEFINITIONS.—In this section— 
(1) the term ‘‘Administrator’’ means the Ad-
ministrator of the Office; 
(2) the terms ‘‘agency’’, ‘‘regulatory action’’, 
and ‘‘significant regulatory action’’ have the mean-
ings given those terms in section 3 of the Executive 
Order; 
(3) the term ‘‘Executive Order’’ means Execu-
tive Order 12866 (5 U.S.C. 601 note; relating to 
regulatory planning and review); and 
(4) the term ‘‘Office’’ means the Office of In-
formation and Regulatory Affairs. 
(b) PROHIBITIONS.— 
VerDate Sep 11 2014 
21:49 Nov 21, 2018
Jkt 089200
PO 00000
Frm 00122
Fmt 6652
Sfmt 6201
E:\BILLS\H7140.IH
H7140
pamtmann on DSKBFK8HB2PROD with BILLS
123 
(1) NON-EXECUTIVE
BRANCH
OFFICIALS.— 
With respect to a regulatory action of an agency, the 
Office may not engage in communications or meet-
ings with an individual that is not employed by the 
executive branch of the Federal Government if the 
regulatory action is or may be subject to review by 
the Office under section 6(b) of the Executive Order. 
(2) INFORMAL REVIEW.—With respect to a reg-
ulatory action of an agency that may be subject to 
review by the Office under section 6(b) of the Execu-
tive Order, the Office may not engage in commu-
nications or meetings with the agency before the 
date on which the agency submits the regulatory ac-
tion to the Office under section 6(a)(3) of the Exec-
utive Order. 
(c) TIME PERIOD FOR OIRA REVIEW.— 
(1) IN GENERAL.—Except as provided in para-
graph (2), the Office shall complete a review of a 
significant regulatory action under section 6(b) of 
the Executive Order not less than 45 days after the 
date on which the Office receives the significant reg-
ulatory action under section 6(a)(3) of the Executive 
Order. 
(2) EXTENSION.—The Office may extend the 
45-day period described in paragraph (1) by a single 
VerDate Sep 11 2014 
21:49 Nov 21, 2018
Jkt 089200
PO 00000
Frm 00123
Fmt 6652
Sfmt 6201
E:\BILLS\H7140.IH
H7140
pamtmann on DSKBFK8HB2PROD with BILLS
124 
30-day period if the Office provides the agency with, 
and makes publicly available, a written justification 
for the extension. 
(3) PUBLICATION OF REGULATORY ACTION.—If 
the Office waives review of a significant regulatory 
action of an agency under section 6(b)(2) of the Ex-
ecutive Order without a request for further consider-
ation or does not notify the agency in writing of the 
results of the review under section 6(b) of the Exec-
utive Order within the time frame described in para-
graph (1) or (2), the agency may publish the signifi-
cant regulatory action in the Federal Register. 
SEC. 307. LIMITING TEMPORARY COURT INJUNCTIONS AND 
POSTPONING OF FINAL RULES PENDING JU-
DICIAL REVIEW. 
Section 705 of title 5, United States Code, is amend-
ed— 
(1) by striking the first sentence; and 
(2) by adding at the end the following: ‘‘Not-
withstanding the preceding sentence, with respect to 
agency action relating to notice and comment rule-
making under section 553 of this title, on such con-
ditions as may be required and to the extent nec-
essary to prevent irreparable injury, only the review-
ing court to which a case may be taken on appeal 
VerDate Sep 11 2014 
21:49 Nov 21, 2018
Jkt 089200
PO 00000
Frm 00124
Fmt 6652
Sfmt 6201
E:\BILLS\H7140.IH
H7140
pamtmann on DSKBFK8HB2PROD with BILLS
125 
from or on application for certiorari or other writ to 
a reviewing court may issue all necessary and appro-
priate process to postpone the effective date of the 
agency action or to preserve status or rights pending 
conclusion of the review proceedings.’’. 
SEC. 308. PENALIZING INDIVIDUALS THAT SUBMIT FALSE 
INFORMATION TO AGENCIES. 
Section 553 of title 5, United States Code, as amend-
ed by section 302 of this Act, is amended by adding at 
the end the following: 
‘‘(j) Any person that uses any false writing or docu-
ment knowing the same to contain any materially false, 
fictitious, or fraudulent statement or entry with respect 
to a rulemaking under this section shall be fined not more 
than $250,000, imprisoned not more than 5 years, or 
both.’’. 
SEC. 309. ESTABLISHMENT OF THE OFFICE OF THE PUBLIC 
ADVOCATE. 
Section 401 of the Ethics in Government Act of 1978 
(5 U.S.C. App.) is amended by adding at the end the fol-
lowing: 
‘‘(d)(1)(A) There is established in the Office of Public 
Integrity an office to be known as the ‘Office of the Public 
Advocate’. 
VerDate Sep 11 2014 
21:49 Nov 21, 2018
Jkt 089200
PO 00000
Frm 00125
Fmt 6652
Sfmt 6201
E:\BILLS\H7140.IH
H7140
pamtmann on DSKBFK8HB2PROD with BILLS
126 
‘‘(B) The Office of the Public Advocate shall be under 
the supervision of an official to be known as the ‘National 
Public Advocate’, who shall— 
‘‘(i) be appointed by the President, by and with 
the advice and consent of the Senate; 
‘‘(ii) report to the Director of the Office of Pub-
lic Integrity; 
‘‘(iii) not be an employee of the Federal Gov-
ernment; 
‘‘(iv) be entitled to compensation at the same 
rate as the highest rate of basic pay established for 
the Senior Executive Service under section 5382 of 
title 5, United States Code; 
‘‘(v) have a background in customer service, 
consumer protection, and administrative law; 
‘‘(vi) have experience representing the public in 
cases involving rules (as defined in section 551 of 
title 5, United States Code); 
‘‘(vii) not have worked as an officer or employee 
in any Federal agency during the 2-year period pre-
ceding appointment under this subparagraph; and 
‘‘(viii) agree not to accept an offer of employ-
ment with a Federal agency for not less than 5 
years after ceasing to serve as the National Public 
Advocate. 
VerDate Sep 11 2014 
21:49 Nov 21, 2018
Jkt 089200
PO 00000
Frm 00126
Fmt 6652
Sfmt 6201
E:\BILLS\H7140.IH
H7140
pamtmann on DSKBFK8HB2PROD with BILLS
127 
‘‘(2) The duties of the Office of the Public Advocate 
shall include— 
‘‘(A) assisting individuals in resolving conflicts 
with agencies; 
‘‘(B) assisting agencies in soliciting public par-
ticipation in the rulemaking process; 
‘‘(C) assisting individuals in participating in the 
rulemaking process; and 
‘‘(D) identifying areas in which the public has 
problems in dealing with agencies and proposing 
changes to mitigate those problems. 
‘‘(3) Not later than 180 days after the date on which 
the National Public Advocate is appointed under this sub-
section or 180 days after the date of enactment of this 
subsection, whichever is later, the National Public Advo-
cate shall propose regulations to carry out this sub-
section.’’. 
SEC. 310. ACTIONS BY PRIVATE PERSONS. 
(a) DEFINITIONS.—In this section, the terms ‘‘agen-
cy’’ and ‘‘rule’’ have the meanings given those terms in 
section 551 of title 5, United States Code. 
(b) ACTIONS.— 
(1) IN GENERAL.—A person may bring a civil 
action for the person and for the United States Gov-
ernment, in the name of the Government, against 
VerDate Sep 11 2014 
21:49 Nov 21, 2018
Jkt 089200
PO 00000
Frm 00127
Fmt 6652
Sfmt 6201
E:\BILLS\H7140.IH
H7140
pamtmann on DSKBFK8HB2PROD with BILLS
128 
any person, including the United States Government 
and any other governmental instrumentality or agen-
cy to the extent permitted by the Eleventh Amend-
ment to the Constitution of the United States, for— 
(A) a violation of a final rule issued by an 
agency; or 
(B) the failure of the head of an agency to 
comply with any requirement under this Act. 
(2) NOTICE.—A copy of the complaint and 
written disclosure of substantially all material evi-
dence and information the person possesses shall be 
served on the Government pursuant to rule 4(d)(4) 
of the Federal Rules of Civil Procedure. The Gov-
ernment may elect to intervene and proceed with the 
action within 60 days after it receives both the com-
plaint and the material evidence and information. 
(3) PARTY CONDUCTING THE ACTION.—Before 
the expiration of the 60-day period under paragraph 
(2), the Government shall— 
(A) proceed with the action, in which case 
the action shall be conducted by the Govern-
ment; or 
(B) notify the court that it declines to pro-
ceed with the action, in which case the person 
VerDate Sep 11 2014 
21:49 Nov 21, 2018
Jkt 089200
PO 00000
Frm 00128
Fmt 6652
Sfmt 6201
E:\BILLS\H7140.IH
H7140
pamtmann on DSKBFK8HB2PROD with BILLS
129 
bringing the action shall have the right to con-
duct the action. 
(4) AWARD TO PLAINTIFF.— 
(A) GOVERNMENT
PROCEEDS
WITH
AC-
TION.—If the Government proceeds with an ac-
tion brought by a person under this subsection, 
the person shall receive at least 15 percent but 
not more than 25 percent of the proceeds of the 
action or settlement of the claim, depending 
upon the extent to which the person substan-
tially contributed to the prosecution of the ac-
tion. Any payment to a person under this sub-
paragraph shall be made from the proceeds. 
The person shall also receive an amount for 
reasonable expenses that the court finds to have 
been necessarily incurred, plus reasonable attor-
ney’s fees and costs. The expenses, fees, and 
costs shall be awarded against the defendant. 
(B) GOVERNMENT
DOES
NOT
PROCEED 
WITH
ACTION.—If the Government does not 
proceed with an action under this subsection, 
the person bringing the action or settling the 
claim shall receive an amount which the court 
decides is reasonable for collecting the civil pen-
alty and damages. The amount shall be not less 
VerDate Sep 11 2014 
21:49 Nov 21, 2018
Jkt 089200
PO 00000
Frm 00129
Fmt 6652
Sfmt 6201
E:\BILLS\H7140.IH
H7140
pamtmann on DSKBFK8HB2PROD with BILLS
130 
than 25 percent and not more than 30 percent 
of the proceeds of the action or settlement and 
shall be paid out of the proceeds. The person 
shall also receive an amount for reasonable ex-
penses that the court finds to have been nec-
essarily incurred, plus reasonable attorney’s 
fees and costs. The expenses, fees, and costs 
shall be awarded against the defendant. 
SEC. 311. SCOPE OF REVIEW. 
Section 706 of title 5, United States Code, is amend-
ed— 
(1) in the first sentence of the matter preceding 
paragraph (1), by striking ‘‘To the extent nec-
essary’’ and inserting ‘‘(a) IN GENERAL.—To the 
extent necessary’’; 
(2) in subsection (a), as so designated, by in-
serting after the first sentence the following: ‘‘If a 
statute that an agency administers is silent or am-
biguous, and an agency has followed the procedures 
in section 553 or 554 of this title, as applicable, a 
reviewing court shall defer to the agency’s reason-
able or permissible interpretation of that statute.’’; 
(3) by striking ‘‘In making the foregoing deter-
minations’’ and inserting the following: 
VerDate Sep 11 2014 
21:49 Nov 21, 2018
Jkt 089200
PO 00000
Frm 00130
Fmt 6652
Sfmt 6201
E:\BILLS\H7140.IH
H7140
pamtmann on DSKBFK8HB2PROD with BILLS
131 
‘‘(b) REVIEW OF RECORD.—In making the deter-
minations under subsection (a)’’; 
(4) in subsection (b), as so designated, by in-
serting ‘‘except any part of the record that the agen-
cy excluded from consideration pursuant to section 
553(h)(1) of this title,’’ after ‘‘party,’’; and 
(5) by adding at the end the following: 
‘‘(c) UNREASONABLE DELAY.—For purposes of sub-
section (a)(1), unreasonable delay shall include— 
‘‘(1) when an agency has not issued a notice of 
proposed rulemaking within 1 year of the date of en-
actment of the legislation mandating the rule-
making, where no deadline for the rulemaking was 
specified in the enacted law; 
‘‘(2) when an agency has not issued a final 
version of a proposed rule within 1 year of date on 
which the proposed rule was published in the Fed-
eral Register; and 
‘‘(3) when an agency has not implemented a 
final rule within 1 year of the implementation date 
published in the Federal Register or, if no imple-
mentation date was provided, within 1 year of the 
date on which the final rule was published in the 
Federal Register.’’. 
VerDate Sep 11 2014 
21:49 Nov 21, 2018
Jkt 089200
PO 00000
Frm 00131
Fmt 6652
Sfmt 6201
E:\BILLS\H7140.IH
H7140
pamtmann on DSKBFK8HB2PROD with BILLS
132 
SEC. 312. EXPANDING RULEMAKING NOTIFICATIONS. 
Section 553 of title 5, United States Code, as amend-
ed by section 308 of this Act, is amended by adding at 
the end the following: 
‘‘(k)(1) Not later than 2 business days after the date 
on which an agency publishes a notice of proposed rule-
making or a final rule under this section, the agency shall 
notify interested parties of the publication. 
‘‘(2) The Director of the Government Publishing Of-
fice shall establish a process under which an agency shall 
notify interested parties under paragraph (1) through e- 
mail or postal mail.’’. 
SEC. 313. PUBLIC PETITIONS. 
Section 553(e) of title 5, United States Code, is 
amended— 
(1) by inserting ‘‘(1)’’ before ‘‘Each agency’’; 
and 
(2) by adding at the end the following: 
‘‘(2) If, during a 60-day period, an agency receives 
more than 100,000 signatures on a single petition under 
paragraph (1), the agency shall, not later than 30 days 
after the date on which the agency receives the petition, 
provide a written response that includes— 
‘‘(A) an explanation of whether the agency has 
engaged or is engaging in the requested issuance, 
amendment, or repeal of a rule; and 
VerDate Sep 11 2014 
21:49 Nov 21, 2018
Jkt 089200
PO 00000
Frm 00132
Fmt 6652
Sfmt 6201
E:\BILLS\H7140.IH
H7140
pamtmann on DSKBFK8HB2PROD with BILLS
133 
‘‘(B) if the agency has not engaged in the re-
quested issuance, amendment, or repeal of a rule, a 
written explanation for not engaging in the re-
quested issuance, amendment, or repeal.’’. 
SEC. 314. AMENDMENT TO CONGRESSIONAL REVIEW ACT. 
Section 801(b) of title 5, United States Code, is 
amended— 
(1) in paragraph (1), by striking ‘‘(1)’’; and 
(2) by striking paragraph (2). 
SEC. 315. COST-BENEFIT ANALYSIS. 
(a) DEFINITIONS.—In this section, the terms ‘‘agen-
cy’’ and ‘‘regulation’’ have the meanings given those terms 
in section 3 of Executive Order 12866 (5 U.S.C. 601 note; 
relating to regulatory planning and review). 
(b) REQUIREMENT.—If an agency is performing a 
cost-benefit analysis in the course of issuing a regulation, 
the agency shall— 
(1) take into account the benefits of the regula-
tion to the public, including the nonquantifiable ben-
efits of the regulation; and 
(2) adopt a regulation that prioritizes benefits 
to the public, including nonquantifiable benefits. 
SEC. 316. SENSE OF CONGRESS. 
It is the sense of Congress that— 
VerDate Sep 11 2014 
21:49 Nov 21, 2018
Jkt 089200
PO 00000
Frm 00133
Fmt 6652
Sfmt 6201
E:\BILLS\H7140.IH
H7140
pamtmann on DSKBFK8HB2PROD with BILLS
134 
(1) the Federal Employees Pay Comparability 
Act of 1990 (as enacted by section 529 of Public 
Law 101–509), which was designed to ensure that 
the disparity in pay between Federal employees on 
the General Schedule and non-Federal employees is 
not greater than 5 percent, has not been imple-
mented as envisioned, resulting in significant pay 
disparities between Federal Government and non- 
Federal employees, including private-sector employ-
ees; 
(2) Federal employees have experienced pay 
challenges in recent years owing to pay freezes, re-
duced pay increases, and unpaid furlough days, 
which have adversely impacted the ability of the 
Federal Government to recruit and retain skilled 
employees; and 
(3) the President and Congress should allow the 
statutory pay laws to be implemented as intended, 
providing an annual across-the-board pay adjust-
ment and a locality pay adjustment that varies by 
specific pay locality area. 
TITLE IV—JUDICIAL ETHICS 
SEC. 401. CLARIFICATION OF GIFT BAN. 
(a) IN GENERAL.—Section 7353 of title 5, United 
States Code, is amended— 
VerDate Sep 11 2014 
21:49 Nov 21, 2018
Jkt 089200
PO 00000
Frm 00134
Fmt 6652
Sfmt 6201
E:\BILLS\H7140.IH
H7140
pamtmann on DSKBFK8HB2PROD with BILLS
135 
(1) in subsection (a), in the matter preceding 
paragraph (1), by striking ‘‘anything of value’’ and 
inserting ‘‘a gift’’; and 
(2) in subsection (d)— 
(A) in paragraph (1), by striking ‘‘and’’ at 
the end; 
(B) in paragraph (2), by striking the pe-
riod at the end and inserting ‘‘; and’’; and 
(C) by adding at the end the following: 
‘‘(3) the term ‘gift’ means anything of value, in-
cluding transportation, travel, lodgings and meals, 
whether provided in-kind, by purchase of a ticket, 
payment in advance, or reimbursement after the ex-
pense has been incurred.’’. 
(b) REGULATIONS.—The Judicial Conference of the 
United States shall promulgate regulations to carry out 
the amendment made by subsection (a) with respect to 
the judicial branch. 
SEC. 402. RESTRICT PRIVATELY FUNDED EDUCATIONAL 
EVENTS AND SPEECHES. 
(a) JUDICIAL EDUCATION FUND.— 
(1) ESTABLISHMENT.—Chapter 42 of title 28, 
United States Code, is amended by adding at the 
end the following: 
VerDate Sep 11 2014 
21:49 Nov 21, 2018
Jkt 089200
PO 00000
Frm 00135
Fmt 6652
Sfmt 6201
E:\BILLS\H7140.IH
H7140
pamtmann on DSKBFK8HB2PROD with BILLS
136 
‘‘§ 630. Judicial Education Fund 
‘‘(a) DEFINITIONS.—In this section— 
‘‘(1) the term ‘Fund’ means the Judicial Edu-
cation Fund established under subsection (b); 
‘‘(2) the term ‘institution of higher education’ 
has the meaning given that term under section 
101(a) of the Higher Education Act of 1965 (20 
U.S.C. 1001(a)); 
‘‘(3) the term ‘national bar association’ means 
a national organization that is open to general mem-
bership to all members of the bar; 
‘‘(4) the term ‘private judicial seminar’— 
‘‘(A) means a seminar, symposia, panel 
discussion, course, or a similar event that pro-
vides continuing legal education to judges; and 
‘‘(B) does not include— 
‘‘(i) seminars that last 1 day or less 
and are conducted by, and on the campus 
of, an institute of higher education; 
‘‘(ii) seminars that last 1 day or less 
and are conducted by a national bar asso-
ciation or State or local bar association for 
the benefit of the bar association member-
ship; or 
‘‘(iii) seminars of any length con-
ducted by, and on the campus of an insti-
VerDate Sep 11 2014 
21:49 Nov 21, 2018
Jkt 089200
PO 00000
Frm 00136
Fmt 6652
Sfmt 6201
E:\BILLS\H7140.IH
H7140
pamtmann on DSKBFK8HB2PROD with BILLS
137 
tute of higher education or by a national 
bar association or State or local bar asso-
ciation, where a judge is a presenter and 
at which judges constitute less than 25 
percent of the participants; and 
‘‘(5) the term ‘State or local bar association’ 
means a State or local organization that is open to 
general membership to all members of the bar in the 
specified geographic region. 
‘‘(b) FUND.—There is established within the United 
States Treasury a fund to be known as the ‘Judicial Edu-
cation Fund’. 
‘‘(c) USE OF AMOUNTS.—Amounts in the Fund may 
be made available for the payment of necessary expenses, 
including reasonable expenditures for transportation, food, 
lodging, private judicial seminar fees and materials, in-
curred by a judge or justice in attending a private judicial 
seminar approved by the Board of the Federal Judicial 
Center. Necessary expenses shall not include expenditures 
for recreational activities or entertainment other than that 
provided to all attendees as an integral part of the private 
judicial seminar. Any payment from the Fund shall be ap-
proved by the Board. 
‘‘(d) REQUIRED INFORMATION.—The Board may ap-
prove a private judicial seminar after submission of infor-
VerDate Sep 11 2014 
21:49 Nov 21, 2018
Jkt 089200
PO 00000
Frm 00137
Fmt 6652
Sfmt 6201
E:\BILLS\H7140.IH
H7140
pamtmann on DSKBFK8HB2PROD with BILLS
138 
mation by the sponsor of that private judicial seminar that 
includes— 
‘‘(1) the content of the private judicial seminar 
(including a list of presenters, topics, and course 
materials); and 
‘‘(2) the litigation activities of the sponsor and 
the presenters at the private judicial seminar (in-
cluding the litigation activities of the employer of 
each presenter) on the topic related to those ad-
dressed at the private judicial seminar. 
‘‘(e) PUBLIC AVAILABILITY.—If the Board approves 
a private judicial seminar, the Board shall make the infor-
mation submitted under subsection (d) relating to the pri-
vate judicial seminar available to judges and the public 
by posting the information online. 
‘‘(f) GUIDELINES.—The Judicial Conference shall 
promulgate guidelines to ensure that the Board only ap-
proves private judicial seminars that are conducted in a 
manner so as to maintain the public’s confidence in an 
unbiased and fair-minded judiciary. 
‘‘(g) AUTHORIZATION OF APPROPRIATIONS.—There 
are authorized to be appropriated for deposit in the Fund 
$3,000,000 for each of fiscal years 2019, 2020, and 2021, 
to remain available until expended.’’. 
VerDate Sep 11 2014 
21:49 Nov 21, 2018
Jkt 089200
PO 00000
Frm 00138
Fmt 6652
Sfmt 6201
E:\BILLS\H7140.IH
H7140
pamtmann on DSKBFK8HB2PROD with BILLS
139 
(2) TECHNICAL
AND
CONFORMING
AMEND-
MENT.—The table of sections for chapter 42 of title 
28, United States Code, is amended by adding at 
the end the following: 
‘‘630. Judicial Education Fund.’’. 
(b) PRIVATE JUDICIAL SEMINAR GIFTS PROHIB-
ITED.— 
(1) DEFINITIONS.—In this subsection— 
(A) the term ‘‘gift’’ has the meaning given 
that term under section 7353 of title 5, United 
States Code, as amended by section 401; 
(B) the term ‘‘institution of higher edu-
cation’’ has the meaning given that term under 
section 101(a) of the Higher Education Act of 
1965 (20 U.S.C. 1001(a)); and 
(C) the terms ‘‘national bar association’’, 
‘‘private judicial seminar’’, and ‘‘State or local 
bar association’’ have the meanings given those 
terms under section 630 of title 28, United 
States Code, as added by subsection (a). 
(2) REGULATIONS.—Not later than 180 days 
after the date of enactment of this Act, the Judicial 
Conference of the United States shall promulgate 
regulations to apply section 7353(a) of title 5, 
United States Code, to prohibit the solicitation or 
VerDate Sep 11 2014 
21:49 Nov 21, 2018
Jkt 089200
PO 00000
Frm 00139
Fmt 6652
Sfmt 6201
E:\BILLS\H7140.IH
H7140
pamtmann on DSKBFK8HB2PROD with BILLS
140 
acceptance of a gift in connection with a private ju-
dicial seminar. 
(3) EXCEPTION.—The prohibition under the 
regulations promulgated under paragraph (2) shall 
not apply if— 
(A) the judge participates in a private judi-
cial seminar as a speaker, panel participant, or 
otherwise presents information; 
(B) Federal judges are not the primary au-
dience at the private judicial seminar; and 
(C) the gift accepted is— 
(i) reimbursement from the private ju-
dicial seminar sponsor of reasonable trans-
portation, food, or lodging expenses on any 
day on which the judge speaks, partici-
pates, or presents information, as applica-
ble; 
(ii) attendance at the private judicial 
seminar on any day on which the judge 
speaks, participates, or presents informa-
tion, as applicable; or 
(iii) anything excluded from the defi-
nition of a gift under regulations of the 
Judicial Conference of the United States 
under sections 7351 and 7353 of title 5, 
VerDate Sep 11 2014 
21:49 Nov 21, 2018
Jkt 089200
PO 00000
Frm 00140
Fmt 6652
Sfmt 6201
E:\BILLS\H7140.IH
H7140
pamtmann on DSKBFK8HB2PROD with BILLS
141 
United States Code, as in effect on the 
date of enactment of this Act. 
SEC. 403. CODE OF CONDUCT. 
(a) APPLICABILITY.—The Code of Conduct for 
United States Judges adopted by the Judicial Conference 
of the United States shall apply to the justices of the Su-
preme Court of the United States to the same extent as 
such Code applies to circuit and district judges. 
(b) ENFORCEMENT.—The Judicial Conference shall 
establish procedures, modeled after the procedures set 
forth in chapter 16 of title 28, United States Code, under 
which— 
(1) complaints alleging that a justice of the Su-
preme Court of the United States has violated the 
Code of Conduct referred to in subsection (a) may 
be filed with or identified by the Conference; 
(2) such complaints are reviewed and inves-
tigated by the Conference; and 
(3) further action, where appropriate, is taken 
by the Conference, with respect to such complaints. 
(c) SUBMISSION TO CONGRESS; EFFECTIVE DATE.— 
(1) SUBMISSION TO CONGRESS.—Not later than 
180 days after the date of enactment of this Act, the 
Judicial Conference shall submit to Congress the 
procedures established under subsection (b). 
VerDate Sep 11 2014 
21:49 Nov 21, 2018
Jkt 089200
PO 00000
Frm 00141
Fmt 6652
Sfmt 6201
E:\BILLS\H7140.IH
H7140
pamtmann on DSKBFK8HB2PROD with BILLS
142 
(2) EFFECTIVE DATE.—The procedures estab-
lished under subsection (b) shall take effect 270 
days after the date of enactment of this Act. 
SEC. 404. IMPROVING DISCLOSURE. 
(a) FINANCIAL REPORTS.—Section 103(h) of the 
Ethics in Government Act of 1978 (5 U.S.C. App.) is 
amended by adding at the end the following: 
‘‘(3) The Judicial Conference shall make publicly 
available online, at no cost, each report required under 
this title that is filed with the Judicial Conference in a 
searchable, sortable, machine readable, and downloadable 
format.’’. 
(b) RECUSAL DECISIONS.—Section 455 of title 28, 
United States Code, is amended by adding at the end the 
following: 
‘‘(g) Each justice, judge, and magistrate judge of the 
United States shall maintain a list of each association or 
interest that would require the justice, judge, or mag-
istrate to be recused under subsection (b)(4).’’. 
(c) SPEECHES.— 
(1) IN
GENERAL.—Each justice, judge, and 
magistrate judge of the United States shall maintain 
and submit to the Judicial Conference of the United 
States a copy of each speech or other significant oral 
VerDate Sep 11 2014 
21:49 Nov 21, 2018
Jkt 089200
PO 00000
Frm 00142
Fmt 6652
Sfmt 6201
E:\BILLS\H7140.IH
H7140
pamtmann on DSKBFK8HB2PROD with BILLS
143 
communication made by the justice, judge or mag-
istrate. 
(2) AVAILABILITY.—The Judicial Conference of 
the United States shall maintain and make each 
speech or other significant oral communication sub-
mitted under paragraph (1) available to the public 
in printed form, upon request, and online, at no 
cost, in a searchable, sortable, machine readable, 
and downloadable format. 
(3) REGULATIONS.—Not later than 180 days 
after the date of enactment of this Act, the Judicial 
Conference of the United States shall promulgate 
regulations regarding the types of oral communica-
tions that are required to be maintained, submitted, 
and made publicly available under this subsection. 
(d) LIVESTREAMING JUDICIAL PROCEEDINGS.— 
(1) DEFINITION.—In this section, the term 
‘‘appellate court of the United States’’ means any 
United States circuit court of appeals and the Su-
preme Court of the United States. 
(2) STREAMING OF COURT PROCEEDINGS.—In 
accordance with procedures established by the Judi-
cial Conference of the United States, the audio of 
each open session conducted by an appellate court of 
the United States shall be made available online con-
VerDate Sep 11 2014 
21:49 Nov 21, 2018
Jkt 089200
PO 00000
Frm 00143
Fmt 6652
Sfmt 6201
E:\BILLS\H7140.IH
H7140
pamtmann on DSKBFK8HB2PROD with BILLS
144 
temporaneously with the session, unless the appel-
late court of the United States, by a majority vote, 
determines that making audio of the session avail-
able online would violate the constitutional rights of 
any party to the proceeding. 
(e) PUBLICIZING
CASE
ASSIGNMENT
INFORMA-
TION.— 
(1) IN
GENERAL.—Not later than 180 days 
after the date of enactment of this Act, the Judicial 
Conference of the United States shall promulgate 
regulations requiring each court of the United States 
to make case assignment data available to the public 
online, at no cost, in a searchable, sortable, machine 
readable, and downloadable. 
(2) CONTENTS.—The case assignment data 
made available under paragraph (1) shall include, at 
a minimum, and to the extent available, the case 
title, docket number, case origin, filing date, and 
name of each authoring judge, concurring judge, and 
dissenting judge for each opinion issued in the case. 
(f) MAKING WEBSITES USER-FRIENDLY.—Not later 
than 180 days after the date of enactment of this Act, 
the Judicial Conference of the United States shall promul-
gate regulations requiring an evaluation of, and improve-
ments to, the website of each district court of the United 
VerDate Sep 11 2014 
21:49 Nov 21, 2018
Jkt 089200
PO 00000
Frm 00144
Fmt 6652
Sfmt 6201
E:\BILLS\H7140.IH
H7140
pamtmann on DSKBFK8HB2PROD with BILLS
145 
States to ensure the website is easy to understand, includ-
ing that it is clear how to file a complaint relating to a 
judge or an employee of the district court. 
SEC. 
405. 
APPOINTMENT 
OF 
ADMINISTRATIVE 
LAW 
JUDGES. 
(a) IN GENERAL.—Section 3105 of title 5, United 
States Code, is amended by inserting after the first sen-
tence the following: ‘‘Administrative law judge positions 
shall be positions in the competitive service.’’. 
(b) CONVERSION OF POSITIONS.—With respect to 
any individual serving on the date of enactment of this 
Act in an excepted service position as an administrative 
law judge appointed under section 3105 of title 5, United 
States Code, as in effect on the day before the date of 
enactment of this Act, the head of the agency employing 
the administrative law judge shall convert the appointment 
to a permanent appointment in the competitive service in 
the agency. 
(c) APPLICABILITY.—This section and the amend-
ments made by this section shall apply on and after the 
date of enactment of this Act. 
SEC. 406. IMPROVE REPORTING ON JUDICIAL DIVERSITY. 
Section 331 of title 28, United States Code, is 
amended in the eighth undesignated paragraph by adding 
at the end the following: ‘‘The report submitted by the 
VerDate Sep 11 2014 
21:49 Nov 21, 2018
Jkt 089200
PO 00000
Frm 00145
Fmt 6652
Sfmt 6201
E:\BILLS\H7140.IH
H7140
pamtmann on DSKBFK8HB2PROD with BILLS
146 
Chief Justice under this paragraph shall include a report 
on the diversity of the Federal judiciary, including diver-
sity of justices and judges of the United States based on 
gender, race, ethnicity, disability status, sexual orienta-
tion, gender identity, national origin, and professional ex-
perience before being appointed a justice or judge of the 
United States.’’. 
SEC. 407. PLEADING STANDARDS. 
(a) IN GENERAL.—Rule 12 of the Federal Rules of 
Civil Procedure is amended by adding at the end the fol-
lowing: 
‘‘(j) PLEADING STANDARDS. A court shall not dismiss 
a complaint under Rule 12(b)(6), (c) or (e): 
‘‘(1) unless it appears beyond doubt that the 
plaintiff can prove no set of facts in support of the 
claim which would entitle the plaintiff to relief; or 
‘‘(2) on the basis of a determination by the 
court that the factual contents of the complaint do 
not show the plaintiff’s claim to be plausible or are 
insufficient to warrant a reasonable inference that 
the defendant is liable for the misconduct alleged.’’. 
(b) APPLICABILITY.—Rule 12(j) of the Federal Rules 
of Civil Procedure, as added by subsection (a) shall apply 
with respect to the dismissal of complaints except as other-
wise expressly provided by an Act of Congress enacted 
VerDate Sep 11 2014 
21:49 Nov 21, 2018
Jkt 089200
PO 00000
Frm 00146
Fmt 6652
Sfmt 6201
E:\BILLS\H7140.IH
H7140
pamtmann on DSKBFK8HB2PROD with BILLS
147 
after the date of the enactment of this Act or by amend-
ments made after such date of enactment to the Federal 
Rules of Civil Procedure pursuant to the procedures pre-
scribed by the Judicial Conference of the United States 
under chapter 131 of title 28, United States Code. 
SEC. 408. AVAILABILITY OF JUDICIAL OPINIONS. 
Section 205 of the E-Government Act of 2002 (44 
U.S.C. 3501 note) is amended— 
(1) in subsection (a)(5), by striking ‘‘text 
searchable format’’ and inserting ‘‘text searchable 
and machine-readable file format that may be cited 
using a vendor-neutral and medium-neutral citation 
system’’; and 
(2) in subsection (b), by adding at the end the 
following: 
‘‘(3) BULK ACCESS.— 
‘‘(A) PROVISION
TO
GPO.—Each written 
opinion required to be made accessible on a 
website under subsection (a)(5) shall be pro-
vided to the Government Publishing Office. 
‘‘(B) ACCESS.—The Director of the Gov-
ernment Publishing Office shall make available 
to the public for bulk download all written opin-
ions provide to the Government Publishing Of-
fice under subparagraph (A).’’. 
VerDate Sep 11 2014 
21:49 Nov 21, 2018
Jkt 089200
PO 00000
Frm 00147
Fmt 6652
Sfmt 6201
E:\BILLS\H7140.IH
H7140
pamtmann on DSKBFK8HB2PROD with BILLS
148 
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— 
VerDate Sep 11 2014 
21:49 Nov 21, 2018
Jkt 089200
PO 00000
Frm 00148
Fmt 6652
Sfmt 6201
E:\BILLS\H7140.IH
H7140
pamtmann on DSKBFK8HB2PROD with BILLS
149 
‘‘(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— 
VerDate Sep 11 2014 
21:49 Nov 21, 2018
Jkt 089200
PO 00000
Frm 00149
Fmt 6652
Sfmt 6201
E:\BILLS\H7140.IH
H7140
pamtmann on DSKBFK8HB2PROD with BILLS
150 
‘‘(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; 
VerDate Sep 11 2014 
21:49 Nov 21, 2018
Jkt 089200
PO 00000
Frm 00150
Fmt 6652
Sfmt 6201
E:\BILLS\H7140.IH
H7140
pamtmann on DSKBFK8HB2PROD with BILLS
151 
‘‘(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 
VerDate Sep 11 2014 
21:49 Nov 21, 2018
Jkt 089200
PO 00000
Frm 00151
Fmt 6652
Sfmt 6201
E:\BILLS\H7140.IH
H7140
pamtmann on DSKBFK8HB2PROD with BILLS
152 
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’’; 
VerDate Sep 11 2014 
21:49 Nov 21, 2018
Jkt 089200
PO 00000
Frm 00152
Fmt 6652
Sfmt 6201
E:\BILLS\H7140.IH
H7140
pamtmann on DSKBFK8HB2PROD with BILLS
153 
(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); 
VerDate Sep 11 2014 
21:49 Nov 21, 2018
Jkt 089200
PO 00000
Frm 00153
Fmt 6652
Sfmt 6201
E:\BILLS\H7140.IH
H7140
pamtmann on DSKBFK8HB2PROD with BILLS
154 
‘‘(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. 
VerDate Sep 11 2014 
21:49 Nov 21, 2018
Jkt 089200
PO 00000
Frm 00154
Fmt 6652
Sfmt 6201
E:\BILLS\H7140.IH
H7140
pamtmann on DSKBFK8HB2PROD with BILLS
155 
‘‘(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. 
VerDate Sep 11 2014 
21:49 Nov 21, 2018
Jkt 089200
PO 00000
Frm 00155
Fmt 6652
Sfmt 6201
E:\BILLS\H7140.IH
H7140
pamtmann on DSKBFK8HB2PROD with BILLS
156 
‘‘(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-
VerDate Sep 11 2014 
21:49 Nov 21, 2018
Jkt 089200
PO 00000
Frm 00156
Fmt 6652
Sfmt 6201
E:\BILLS\H7140.IH
H7140
pamtmann on DSKBFK8HB2PROD with BILLS
157 
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 
VerDate Sep 11 2014 
21:49 Nov 21, 2018
Jkt 089200
PO 00000
Frm 00157
Fmt 6652
Sfmt 6201
E:\BILLS\H7140.IH
H7140
pamtmann on DSKBFK8HB2PROD with BILLS
158 
(iii) by striking ‘‘title II of this Act’’ 
and inserting ‘‘title I’’; 
(B) in paragraph (2)— 
(i) by striking ‘‘the President or’’; and 
(ii) by inserting ‘‘and other ethics 
issues’’ before the semicolon; 
(C) in paragraph (3), by striking ‘‘title II 
of this Act’’ and inserting ‘‘title I’’; 
(D) in paragraph (4)— 
(i) by striking ‘‘conflict of interest 
laws or regulations’’ and inserting ‘‘laws or 
regulations relating to conflicts of interest 
or other ethics issues’’; and 
(ii) by striking ‘‘ethical problems’’ and 
inserting ‘‘other ethics issue’’; 
(E) in paragraph (6)— 
(i) by striking ‘‘the President or’’; and 
(ii) by striking ‘‘ethical problems’’ and 
inserting ‘‘other ethics issues’’; 
(F) in paragraph (7), by striking ‘‘conflict 
of interest problems’’ and inserting ‘‘conflicts of 
interest or other ethics issues’’; 
(G) by striking paragraph (9) and insert-
ing the following: 
VerDate Sep 11 2014 
21:49 Nov 21, 2018
Jkt 089200
PO 00000
Frm 00158
Fmt 6652
Sfmt 6201
E:\BILLS\H7140.IH
H7140
pamtmann on DSKBFK8HB2PROD with BILLS
159 
‘‘(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 
VerDate Sep 11 2014 
21:49 Nov 21, 2018
Jkt 089200
PO 00000
Frm 00159
Fmt 6652
Sfmt 6201
E:\BILLS\H7140.IH
H7140
pamtmann on DSKBFK8HB2PROD with BILLS
160 
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: 
VerDate Sep 11 2014 
21:49 Nov 21, 2018
Jkt 089200
PO 00000
Frm 00160
Fmt 6652
Sfmt 6201
E:\BILLS\H7140.IH
H7140
pamtmann on DSKBFK8HB2PROD with BILLS
161 
‘‘(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 
VerDate Sep 11 2014 
21:49 Nov 21, 2018
Jkt 089200
PO 00000
Frm 00161
Fmt 6652
Sfmt 6201
E:\BILLS\H7140.IH
H7140
pamtmann on DSKBFK8HB2PROD with BILLS
162 
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; 
VerDate Sep 11 2014 
21:49 Nov 21, 2018
Jkt 089200
PO 00000
Frm 00162
Fmt 6652
Sfmt 6201
E:\BILLS\H7140.IH
H7140
pamtmann on DSKBFK8HB2PROD with BILLS
163 
‘‘(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)— 
VerDate Sep 11 2014 
21:49 Nov 21, 2018
Jkt 089200
PO 00000
Frm 00163
Fmt 6652
Sfmt 6201
E:\BILLS\H7140.IH
H7140
pamtmann on DSKBFK8HB2PROD with BILLS
164 
(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)— 
VerDate Sep 11 2014 
21:49 Nov 21, 2018
Jkt 089200
PO 00000
Frm 00164
Fmt 6652
Sfmt 6201
E:\BILLS\H7140.IH
H7140
pamtmann on DSKBFK8HB2PROD with BILLS
165 
(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 
VerDate Sep 11 2014 
21:49 Nov 21, 2018
Jkt 089200
PO 00000
Frm 00165
Fmt 6652
Sfmt 6201
E:\BILLS\H7140.IH
H7140
pamtmann on DSKBFK8HB2PROD with BILLS
168 
‘‘(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 
VerDate Sep 11 2014 
21:49 Nov 21, 2018
Jkt 089200
PO 00000
Frm 00168
Fmt 6652
Sfmt 6201
E:\BILLS\H7140.IH
H7140
pamtmann on DSKBFK8HB2PROD with BILLS
169 
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). 
VerDate Sep 11 2014 
21:49 Nov 21, 2018
Jkt 089200
PO 00000
Frm 00169
Fmt 6652
Sfmt 6201
E:\BILLS\H7140.IH
H7140
pamtmann on DSKBFK8HB2PROD with BILLS
170 
‘‘(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 
VerDate Sep 11 2014 
21:49 Nov 21, 2018
Jkt 089200
PO 00000
Frm 00170
Fmt 6652
Sfmt 6201
E:\BILLS\H7140.IH
H7140
pamtmann on DSKBFK8HB2PROD with BILLS
171 
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 
VerDate Sep 11 2014 
21:49 Nov 21, 2018
Jkt 089200
PO 00000
Frm 00171
Fmt 6652
Sfmt 6201
E:\BILLS\H7140.IH
H7140
pamtmann on DSKBFK8HB2PROD with BILLS
172 
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; 
VerDate Sep 11 2014 
21:49 Nov 21, 2018
Jkt 089200
PO 00000
Frm 00172
Fmt 6652
Sfmt 6201
E:\BILLS\H7140.IH
H7140
pamtmann on DSKBFK8HB2PROD with BILLS
173 
‘‘(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.’’. 
VerDate Sep 11 2014 
21:49 Nov 21, 2018
Jkt 089200
PO 00000
Frm 00173
Fmt 6652
Sfmt 6201
E:\BILLS\H7140.IH
H7140
pamtmann on DSKBFK8HB2PROD with BILLS
174 
(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 
VerDate Sep 11 2014 
21:49 Nov 21, 2018
Jkt 089200
PO 00000
Frm 00174
Fmt 6652
Sfmt 6201
E:\BILLS\H7140.IH
H7140
pamtmann on DSKBFK8HB2PROD with BILLS
175 
‘‘(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, 
VerDate Sep 11 2014 
21:49 Nov 21, 2018
Jkt 089200
PO 00000
Frm 00175
Fmt 6652
Sfmt 6201
E:\BILLS\H7140.IH
H7140
pamtmann on DSKBFK8HB2PROD with BILLS
176 
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’’. 
VerDate Sep 11 2014 
21:49 Nov 21, 2018
Jkt 089200
PO 00000
Frm 00176
Fmt 6652
Sfmt 6201
E:\BILLS\H7140.IH
H7140
pamtmann on DSKBFK8HB2PROD with BILLS
177 
(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 
VerDate Sep 11 2014 
21:49 Nov 21, 2018
Jkt 089200
PO 00000
Frm 00177
Fmt 6652
Sfmt 6201
E:\BILLS\H7140.IH
H7140
pamtmann on DSKBFK8HB2PROD with BILLS
178 
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 
VerDate Sep 11 2014 
21:49 Nov 21, 2018
Jkt 089200
PO 00000
Frm 00178
Fmt 6652
Sfmt 6201
E:\BILLS\H7140.IH
H7140
pamtmann on DSKBFK8HB2PROD with BILLS
179 
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; 
VerDate Sep 11 2014 
21:49 Nov 21, 2018
Jkt 089200
PO 00000
Frm 00179
Fmt 6652
Sfmt 6201
E:\BILLS\H7140.IH
H7140
pamtmann on DSKBFK8HB2PROD with BILLS
180 
‘‘(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 (in-
cluding any ethics agreement, financial disclo-
sure, recusal agreement, or divestment deter-
mination) by the designated agency ethics offi-
cial relating to the application or implementa-
tion of the laws or regulations relating to con-
flicts of interest or other ethics issues (includ-
VerDate Sep 11 2014 
21:49 Nov 21, 2018
Jkt 089200
PO 00000
Frm 00180
Fmt 6652
Sfmt 6201
E:\BILLS\H7140.IH
H7140
pamtmann on DSKBFK8HB2PROD with BILLS
182 
graph (1) does not comport with the laws or 
regulations relating to conflicts of interest or 
other ethics issues; 
‘‘(C) not later than 30 days after the noti-
fication and advice under subparagraph (B), 
may reverse or modify the determination if the 
Director determines that the determination does 
not comport with the laws or regulations relat-
ing to conflicts of interest or other ethics issues; 
and 
‘‘(D) shall periodically audit a sample of 
determinations received under paragraph (1).’’. 
(c) AUTHORITY TO RECOMMEND DISCIPLINE.—Sec-
tion 111 of the Ethics in Government Act of 1978 (5 
U.S.C. App.), as amended by subsection (b), is amended 
by adding at the end the following: 
‘‘(c)(1) If a designated agency ethics official has cred-
ible evidence or reason to believe that an officer or em-
ployee of the agency is violating, or has violated, any rule, 
regulation, or Executive order relating to conflicts of inter-
est or standards of conduct, the designated agency ethics 
official may— 
‘‘(A) refer potential violations to the Inspector 
General or the Director of the Office of Public In-
tegrity; and 
VerDate Sep 11 2014 
21:49 Nov 21, 2018
Jkt 089200
PO 00000
Frm 00182
Fmt 6652
Sfmt 6201
E:\BILLS\H7140.IH
H7140
pamtmann on DSKBFK8HB2PROD with BILLS
183 
‘‘(B) recommend that the head of the agency 
take a specific disciplinary action (including dis-
missal). 
‘‘(2) A designated agency ethics official shall make 
publicly available any recommendation of a specific dis-
ciplinary action made by the designated agency ethics offi-
cial under paragraph (1).’’. 
(d) CURRENT DAEOS.—An individual serving as a 
designated agency ethics official on the day before the date 
of enactment of this Act may continue to serve as the des-
ignated agency ethics official for the agency employing the 
individual if— 
(1) determined appropriate by the head of the 
agency employing the designated agency ethics offi-
cial; and 
(2) after the date of enactment of this Act, the 
individual— 
(A) reports directly to the head of the 
agency employing the designated agency ethics 
official; and 
(B) may only be removed by the head of 
the agency, after consultation with the Director 
of the Office of Public Integrity and the Inspec-
tor General of the agency. 
VerDate Sep 11 2014 
21:49 Nov 21, 2018
Jkt 089200
PO 00000
Frm 00183
Fmt 6652
Sfmt 6201
E:\BILLS\H7140.IH
H7140
pamtmann on DSKBFK8HB2PROD with BILLS
184 
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 
VerDate Sep 11 2014 
21:49 Nov 21, 2018
Jkt 089200
PO 00000
Frm 00184
Fmt 6652
Sfmt 6201
E:\BILLS\H7140.IH
H7140
pamtmann on DSKBFK8HB2PROD with BILLS
185 
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 
VerDate Sep 11 2014 
21:49 Nov 21, 2018
Jkt 089200
PO 00000
Frm 00185
Fmt 6652
Sfmt 6201
E:\BILLS\H7140.IH
H7140
pamtmann on DSKBFK8HB2PROD with BILLS
186 
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: 
VerDate Sep 11 2014 
21:49 Nov 21, 2018
Jkt 089200
PO 00000
Frm 00186
Fmt 6652
Sfmt 6201
E:\BILLS\H7140.IH
H7140
pamtmann on DSKBFK8HB2PROD with BILLS
187 
‘‘(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’’; 
VerDate Sep 11 2014 
21:49 Nov 21, 2018
Jkt 089200
PO 00000
Frm 00187
Fmt 6652
Sfmt 6201
E:\BILLS\H7140.IH
H7140
pamtmann on DSKBFK8HB2PROD with BILLS
188 
(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; 
VerDate Sep 11 2014 
21:49 Nov 21, 2018
Jkt 089200
PO 00000
Frm 00188
Fmt 6652
Sfmt 6201
E:\BILLS\H7140.IH
H7140
pamtmann on DSKBFK8HB2PROD with BILLS
189 
(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.’’. 
VerDate Sep 11 2014 
21:49 Nov 21, 2018
Jkt 089200
PO 00000
Frm 00189
Fmt 6652
Sfmt 6201
E:\BILLS\H7140.IH
H7140
pamtmann on DSKBFK8HB2PROD with BILLS
190 
(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 
VerDate Sep 11 2014 
21:49 Nov 21, 2018
Jkt 089200
PO 00000
Frm 00190
Fmt 6652
Sfmt 6201
E:\BILLS\H7140.IH
H7140
pamtmann on DSKBFK8HB2PROD with BILLS
191 
(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.’’. 
VerDate Sep 11 2014 
21:49 Nov 21, 2018
Jkt 089200
PO 00000
Frm 00191
Fmt 6652
Sfmt 6201
E:\BILLS\H7140.IH
H7140
pamtmann on DSKBFK8HB2PROD with BILLS
192 
(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, 
VerDate Sep 11 2014 
21:49 Nov 21, 2018
Jkt 089200
PO 00000
Frm 00192
Fmt 6652
Sfmt 6201
E:\BILLS\H7140.IH
H7140
pamtmann on DSKBFK8HB2PROD with BILLS
193 
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; 
VerDate Sep 11 2014 
21:49 Nov 21, 2018
Jkt 089200
PO 00000
Frm 00193
Fmt 6652
Sfmt 6201
E:\BILLS\H7140.IH
H7140
pamtmann on DSKBFK8HB2PROD with BILLS
194 
(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). 
VerDate Sep 11 2014 
21:49 Nov 21, 2018
Jkt 089200
PO 00000
Frm 00194
Fmt 6652
Sfmt 6201
E:\BILLS\H7140.IH
H7140
pamtmann on DSKBFK8HB2PROD with BILLS
195 
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 Majority 
Leader 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 Majority Leader of the Senate, the Minority 
Leader of the Senate, the Speaker of the House 
of Representatives, and the Minority Leader of 
the House of Representatives, or by agreement 
of not less than 3 of those individuals. 
(2) QUALIFICATIONS OF BOARD MEMBERS.— 
(A) EXPERTISE.—Each member of the 
Board shall be an individual of exceptional pub-
lic standing who is specifically qualified to serve 
on the Board by virtue of the individual’s edu-
cation, training, or experience in 1 or more of 
VerDate Sep 11 2014 
21:49 Nov 21, 2018
Jkt 089200
PO 00000
Frm 00195
Fmt 6652
Sfmt 6201
E:\BILLS\H7140.IH
H7140
pamtmann on DSKBFK8HB2PROD with BILLS
196 
the legislative, judicial, regulatory, professional 
ethics, business, 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, 
VerDate Sep 11 2014 
21:49 Nov 21, 2018
Jkt 089200
PO 00000
Frm 00196
Fmt 6652
Sfmt 6201
E:\BILLS\H7140.IH
H7140
pamtmann on DSKBFK8HB2PROD with BILLS
197 
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 Majority Leader 
VerDate Sep 11 2014 
21:49 Nov 21, 2018
Jkt 089200
PO 00000
Frm 00197
Fmt 6652
Sfmt 6201
E:\BILLS\H7140.IH
H7140
pamtmann on DSKBFK8HB2PROD with BILLS
198 
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. 
VerDate Sep 11 2014 
21:49 Nov 21, 2018
Jkt 089200
PO 00000
Frm 00198
Fmt 6652
Sfmt 6201
E:\BILLS\H7140.IH
H7140
pamtmann on DSKBFK8HB2PROD with BILLS
199 
(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 each complaint made against a 
Member or employee of Congress through the 
review process described in section 555(b). 
(2) HEARINGS.—The Board may hold such 
hearings as are necessary and may sit and act only 
in executive session at such times and places, solicit 
such testimony, and receive such relevant evidence, 
as may be necessary to carry out its duties. 
VerDate Sep 11 2014 
21:49 Nov 21, 2018
Jkt 089200
PO 00000
Frm 00199
Fmt 6652
Sfmt 6201
E:\BILLS\H7140.IH
H7140
pamtmann on DSKBFK8HB2PROD with BILLS
200 
(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. 
VerDate Sep 11 2014 
21:49 Nov 21, 2018
Jkt 089200
PO 00000
Frm 00200
Fmt 6652
Sfmt 6201
E:\BILLS\H7140.IH
H7140
pamtmann on DSKBFK8HB2PROD with BILLS
201 
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 was a probable viola-
tion of any ethics law, rule, or other standard 
of conduct described in such subparagraph, to 
present the probable ethics violation to the ap-
plicable 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 
responsibilities, of the Member or employee), which 
VerDate Sep 11 2014 
21:49 Nov 21, 2018
Jkt 089200
PO 00000
Frm 00201
Fmt 6652
Sfmt 6201
E:\BILLS\H7140.IH
H7140
pamtmann on DSKBFK8HB2PROD with BILLS
202 
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-
VerDate Sep 11 2014 
21:49 Nov 21, 2018
Jkt 089200
PO 00000
Frm 00202
Fmt 6652
Sfmt 6201
E:\BILLS\H7140.IH
H7140
pamtmann on DSKBFK8HB2PROD with BILLS
203 
lish such opinion for the guidance of other Members 
and employees of Congress; 
(5) if the Office determines, during the course 
of any investigation under this subtitle, that a lob-
byist or lobbying firm may be in noncompliance with 
the Lobbying Disclosure Act of 1995 (2 U.S.C. 1601 
et seq.),— 
(A) to notify the United States Attorney 
for the District of Columbia and the Director of 
the Office of Public Integrity of the potential 
violation; and 
(B) to notify the lobbyist or lobbying firm 
of such determination, in writing; 
(6) to provide informal guidance to lobbyists or 
lobbying firms engaged in lobbying activity or lob-
bying contacts under the Lobbying Disclosure Act of 
1995 (2 U.S.C. 1601 et seq.) to covered legislative 
branch officials (as defined in section 3 of such Act 
(2 U.S.C. 1602)) of their responsibilities under such 
Act; 
(7) to aid in the enforcement of ethics require-
ments for Members or employees of Congress under 
this subtitle or any other provision of law; and 
(8) to administer the process for Members and 
employees of Congress to seek and receive any waiv-
VerDate Sep 11 2014 
21:49 Nov 21, 2018
Jkt 089200
PO 00000
Frm 00203
Fmt 6652
Sfmt 6201
E:\BILLS\H7140.IH
H7140
pamtmann on DSKBFK8HB2PROD with BILLS
204 
ers from any ethics law (including regulations), rule, 
or other standard that applies to Members and em-
ployees of Congress, subject to approval of the appli-
cable ethics committee. 
(b) REFERRALS
TO
LAW
ENFORCEMENT
OFFI-
CIALS.— 
(1) IN GENERAL.—Upon a majority vote of the 
Board, the Office may refer potential legal violations 
committed by a Member or employee of Congress to 
the Department of Justice or other relevant Federal 
or State law enforcement officials, which referral 
shall include all appropriate evidence gathered dur-
ing any review conducted under this subtitle. 
(2) NO
APPROVAL
REQUIRED.—A referral 
under paragraph (1) does not require the approval 
of either of the applicable ethics committees. 
(3) NOTIFICATION.—The Board shall notify the 
Select Committee on Ethics of the Senate or the 
Committee on Ethics of the House of Representa-
tives, and the Director of the Office of Public Integ-
rity of all referrals under this subsection. 
(c) ADVISORY OPINIONS.— 
(1) IN GENERAL.—Upon a majority vote of the 
Board, the Office may draft and publish rec-
ommended formal advisory opinions and interpreta-
VerDate Sep 11 2014 
21:49 Nov 21, 2018
Jkt 089200
PO 00000
Frm 00204
Fmt 6652
Sfmt 6201
E:\BILLS\H7140.IH
H7140
pamtmann on DSKBFK8HB2PROD with BILLS
205 
tions of rules and other standards of conduct appli-
cable to Members and employees of Congress, which 
shall be submitted to each applicable ethics com-
mittee for approval. 
(2) REQUIREMENTS
FOR
ETHICS
COMMITTEE 
REVIEW.—Each applicable ethics committee may re-
vise, overturn, dismiss, or issue any recommended 
formal advisory opinions or interpretations under 
paragraph (1) that is applicable to the Members and 
employees of that House of Congress. A rec-
ommended formal advisory opinion or interpretation 
under paragraph (1) is only binding if issued by one 
of the applicable ethics committees. 
(3) REQUIREMENTS.—Any applicable ethics 
committee decision described in paragraph (2) shall 
be recorded and made publicly available, and shall 
be accompanied by a written explanation for that ac-
tion. Dissenting members of the applicable ethics 
committee are allowed to issue their own report de-
tailing reasons for disagreeing with the decision. 
(d) LIMITATIONS ON REVIEW.—No review shall be 
undertaken by the Board of any alleged violation of law, 
rule, regulation or standard of conduct not in effect at 
the time of the alleged violation, nor shall any review be 
VerDate Sep 11 2014 
21:49 Nov 21, 2018
Jkt 089200
PO 00000
Frm 00205
Fmt 6652
Sfmt 6201
E:\BILLS\H7140.IH
H7140
pamtmann on DSKBFK8HB2PROD with BILLS
206 
undertaken by the Board of any alleged violation that oc-
curred before the date of enactment of this Act. 
(e) PROHIBITION ON PUBLIC DISCLOSURE.— 
(1) IN GENERAL.— 
(A) REQUIRED AFFIRMATION BY MEMBERS 
AND
STAFF.—When an individual becomes a 
member of the Board or employee of the Office, 
that individual shall execute the following oath 
or affirmation in writing: ‘‘I do solemnly swear 
(or affirm) that I will not disclose to any person 
or entity outside of the Office any information 
received in the course of my service with the 
Office, except as authorized by the Board by 
majority vote as necessary to conduct official 
business or pursuant to its rules.’’. Copies of 
the executed oath shall be provided to the Clerk 
of the House of Representatives and the Sec-
retary of the Senate as part of the records of 
the House and Senate. 
(B) PROHIBITION
ON
PUBLIC
DISCLO-
SURE.—No testimony received, or any other in-
formation obtained, by a member of the Board 
or employee of the Office shall be publicly dis-
closed to any person or entity outside the Of-
fice, unless approved by a majority vote of the 
VerDate Sep 11 2014 
21:49 Nov 21, 2018
Jkt 089200
PO 00000
Frm 00206
Fmt 6652
Sfmt 6201
E:\BILLS\H7140.IH
H7140
pamtmann on DSKBFK8HB2PROD with BILLS
207 
Board. Any communication to any person or en-
tity outside the Office may occur only as au-
thorized by the Board. 
(C) PROCEDURES AND INVESTIGATION.— 
The Office shall establish procedures necessary 
to prevent the unauthorized disclosure of any 
information 
received 
by 
the 
Office. 
Any 
breaches of confidentiality shall be investigated 
by the Board and appropriate action shall be 
taken. 
(2) PROVISION WITH RESPECT TO OFFICE OF 
PUBLIC INTEGRITY OR ETHICS COMMITTEES.—Para-
graph (1) shall not preclude— 
(A) any member of the Board or any em-
ployee of the Office from presenting a report or 
findings of the Board, or testifying before the 
Select Committee on Ethics of the Senate or 
the Committee on Ethics of the House of Rep-
resentatives by any member of the Board or 
employee of the Office, if requested by either 
committee pursuant to the rules of the com-
mittee; 
(B) any necessary communication with the 
Office of Public Integrity; 
VerDate Sep 11 2014 
21:49 Nov 21, 2018
Jkt 089200
PO 00000
Frm 00207
Fmt 6652
Sfmt 6201
E:\BILLS\H7140.IH
H7140
pamtmann on DSKBFK8HB2PROD with BILLS
208 
(C) any necessary communication with the 
Department of Justice or any other law en-
forcement agency; or 
(D) any necessary communication with the 
Majority Leader of the Senate, Minority Leader 
of the Senate, Speaker of the House of Rep-
resentatives, or Minority Leader of the House 
of Representatives. 
(3) OPPORTUNITY
TO
PRESENT.—Before the 
Board votes on a recommendation or statement to 
be transmitted to the appropriate congressional com-
mittee relating to official conduct of any Member or 
employee of Congress, the Board shall provide that 
individual the opportunity to present, orally or in 
writing (at the discretion of the Board), a statement 
to the Board. 
(f) PRESENTATION OF REPORTS TO SELECT COM-
MITTEE ON ETHICS OF THE SENATE OR THE COMMITTEE 
ON ETHICS OF THE HOUSE OF REPRESENTATIVES.— 
Whenever the Board transmits any report to the applica-
ble ethics committee relating to the official conduct of any 
Member or employee of Congress, it shall designate a 
member of the Board or employee to present the report 
to such committee if requested by such committee. 
VerDate Sep 11 2014 
21:49 Nov 21, 2018
Jkt 089200
PO 00000
Frm 00208
Fmt 6652
Sfmt 6201
E:\BILLS\H7140.IH
H7140
pamtmann on DSKBFK8HB2PROD with BILLS
209 
(g) MAINTAINING OF FINANCIAL DISCLOSURE RE-
PORTS.—The Office shall receive, and maintain, a copy 
of each report filed under section 101 of the Ethics in 
Government Act of 1978 (5 U.S.C. App.) by a Member 
or employee of Congress. 
(h) MEMORANDUM OF UNDERSTANDING WITH THE 
OFFICE OF PUBLIC INTEGRITY.—The Office shall enter 
into a memorandum of understanding with the Director 
of the Office of Public Integrity in order— 
(1) to share any information necessary for the 
execution of each office’s respective duties and re-
sponsibilities, including the copies of reports de-
scribed in subsection (g); 
(2) to ensure consistent interpretation and en-
forcement of the Nation’s ethics laws for executive 
and legislative branch employees and officials; and 
(3) to reduce and mitigate jurisdictional confu-
sion. 
SEC. 555. REVIEW PROCESS OF COMPLAINTS. 
(a) SOURCE OF COMPLAINTS.— 
(1) CITIZEN COMPLAINTS.— 
(A) CITIZEN
INITIATED
SWORN
COM-
PLAINT.—Any citizen of the United States, in-
cluding a Member or employee of Congress, 
may file with the Office a sworn complaint al-
VerDate Sep 11 2014 
21:49 Nov 21, 2018
Jkt 089200
PO 00000
Frm 00209
Fmt 6652
Sfmt 6201
E:\BILLS\H7140.IH
H7140
pamtmann on DSKBFK8HB2PROD with BILLS
210 
leging a violation by a Member or employee of 
Congress of any law (including any regulation), 
rule, or other standard of conduct applicable to 
the conduct of such Member or employee in the 
performance of the duties, or the discharge of 
the responsibilities, of the Member or employee, 
subject to subparagraph (B). 
(B) BAN
ON
FILING
PRIOR
TO
ELEC-
TION.—The Board may not accept citizen com-
plaints regarding the conduct of a Member filed 
in the— 
(i) 30 days prior to a primary election 
for which the Member in question is a can-
didate; and 
(ii) 60 days prior to a general election 
for which the Member in question is a can-
didate. 
(C) CONTENT.—The complaint under sub-
paragraph (A) shall be a notarized written 
statement alleging a violation against 1 or more 
named persons and stating the essential facts 
constituting the violation charged. 
(2) BOARD MEMBER OR OFFICE OF CONGRES-
SIONAL ETHICS INITIATED COMPLAINT.—A member 
of the Board or an employee of the Office may file 
VerDate Sep 11 2014 
21:49 Nov 21, 2018
Jkt 089200
PO 00000
Frm 00210
Fmt 6652
Sfmt 6201
E:\BILLS\H7140.IH
H7140
pamtmann on DSKBFK8HB2PROD with BILLS
211 
a complaint alleging a violation by a Member or em-
ployee of Congress of any law (including any regula-
tion), rule, or other standard of conduct applicable 
to the conduct of such Member or employee in the 
performance of the duties, or the discharge of the 
responsibilities, of the Member or employee. 
(3) NOTIFICATION.—Upon receipt of a com-
plaint filed under paragraph (1) or (2) that meets 
the requirements of this subsection, the Office 
shall— 
(A) notify the person alleged to have com-
mitted the violation that a complaint has been 
filed; and 
(B) refer the complaint to the Board for 
consideration under the review process de-
scribed in subsection (b). 
(b) REVIEW PROCESS OF ALLEGED VIOLATIONS BY 
MEMBERS OR EMPLOYEES OF CONGRESS.— 
(1) REQUEST.—After receiving a complaint 
under subsection (a)(3)(B), 2 or more members of 
the Board may submit a joint written statement to 
all members of the Board authorizing the Office to 
undertake a preliminary review of any alleged viola-
tion by a Member or employee of Congress of any 
law (including any regulation), rule, or other stand-
VerDate Sep 11 2014 
21:49 Nov 21, 2018
Jkt 089200
PO 00000
Frm 00211
Fmt 6652
Sfmt 6201
E:\BILLS\H7140.IH
H7140
pamtmann on DSKBFK8HB2PROD with BILLS
212 
ard of conduct applicable to the conduct of such 
Member or employee in the performance of the du-
ties, or the discharge of the responsibilities, of the 
Member or employee, along with a brief description 
of the specific matter. 
(2) PRELIMINARY REVIEW.— 
(A) IN GENERAL.—Not later than 7 busi-
ness days after receipt of an authorization 
statement from 2 or more members of the 
Board under paragraph (1), the Board shall— 
(i) instruct the Office to initiate a 
preliminary review of the alleged violation; 
and 
(ii) provide a written notification of 
the commencement of the preliminary re-
view, including a statement of the nature 
of the review, to— 
(I) the applicable ethics com-
mittee; 
(II) any individual who is the 
subject of the preliminary review; and 
(III) the Director of the Office of 
Public Integrity. 
(B) OPPORTUNITY
TO
TERMINATE
PRE-
LIMINARY
REVIEW.—At any time, the Board 
VerDate Sep 11 2014 
21:49 Nov 21, 2018
Jkt 089200
PO 00000
Frm 00212
Fmt 6652
Sfmt 6201
E:\BILLS\H7140.IH
H7140
pamtmann on DSKBFK8HB2PROD with BILLS
213 
may, by a majority vote, terminate a prelimi-
nary review on any ground, including that the 
matter under review is de minimis in nature. If 
the Board votes to terminate the preliminary 
review— 
(i) the review process under this sec-
tion is completed and no further actions 
shall be taken; and 
(ii) the Board— 
(I) shall notify, in writing, the in-
dividual who was the subject of the 
preliminary review, the Director of the 
Office of Public Integrity, and the ap-
plicable ethics committee, of its deci-
sion to terminate the review of the 
matter; and 
(II) may, in any case where the 
Board votes to terminate the prelimi-
nary review, send a report, including 
any findings of the Board, to the ap-
plicable ethics committee and to the 
Director of the Office of Public Integ-
rity. 
(3) SECOND-PHASE REVIEW PROCESS.— 
(A) VOTE FOR SECOND-PHASE REVIEW.— 
VerDate Sep 11 2014 
21:49 Nov 21, 2018
Jkt 089200
PO 00000
Frm 00213
Fmt 6652
Sfmt 6201
E:\BILLS\H7140.IH
H7140
pamtmann on DSKBFK8HB2PROD with BILLS
214 
(i) IN GENERAL.—After the prelimi-
nary review conducted under paragraph 
(2) is completed, the Board shall vote on 
whether to authorize a second-phase review 
of the matter under consideration. If there 
is an affirmative vote of 4 or more mem-
bers of the Board to authorize the second- 
phase review, the Board shall authorize the 
second-phase review process in accordance 
with subparagraph (B). 
(ii) TERMINATION OF MATTER.—If a 
vote to authorize a second-phase review 
under clause (i) does not succeed, the re-
view process under this section shall be 
completed and no further actions shall be 
taken. 
(iii) NOTIFICATION TO PARTIES.—The 
Board— 
(I) shall notify, in writing, the in-
dividual who was the subject of the 
preliminary review, the Director of the 
Office of Public Integrity, and the ap-
plicable ethics committee, of its deci-
sion to authorize a second-phase re-
VerDate Sep 11 2014 
21:49 Nov 21, 2018
Jkt 089200
PO 00000
Frm 00214
Fmt 6652
Sfmt 6201
E:\BILLS\H7140.IH
H7140
pamtmann on DSKBFK8HB2PROD with BILLS
215 
view of the matter or to terminate the 
review process; and 
(II) may, in any case where the 
Board decides to terminate the review 
process of the violation under clause 
(ii), send a report, including any find-
ings of the Board, to the applicable 
ethics committee and to the Director 
of the Office of Public Integrity. 
(B) SECOND-PHASE REVIEW.—In any case 
where a second-phase review is required, the 
Board shall authorize the Office to commence, 
and complete, a second-phase review. 
(C) COMPLETION OF SECOND-PHASE RE-
VIEW.—Upon the completion of any second- 
phase review, the Board shall— 
(i) evaluate the review and determine, 
based on a majority vote, whether— 
(I) the applicable ethics com-
mittee should dismiss the matter that 
was the subject of such review, which 
may be made on any ground, includ-
ing that the matter under review is de 
minimis in nature; 
VerDate Sep 11 2014 
21:49 Nov 21, 2018
Jkt 089200
PO 00000
Frm 00215
Fmt 6652
Sfmt 6201
E:\BILLS\H7140.IH
H7140
pamtmann on DSKBFK8HB2PROD with BILLS
216 
(II) the matter requires further 
review by the applicable ethics com-
mittee; or 
(III) the applicable ethics com-
mittee should take action relating to 
the 
matter, 
including 
any 
rec-
ommendation for the disciplinary ac-
tion or sanctions that the committee 
should take; 
(ii) transmit to the applicable ethics 
committee a written report that includes— 
(I) a statement of the nature of 
the review and the Member or em-
ployee of Congress who is the subject 
of the review, including any probable 
ethics violations uncovered in either 
the preliminary or second-phase re-
view; 
(II) any recommendations of the 
Board based on votes conducted under 
clause (i), or a statement that the 
matter is unresolved because of a tie 
vote of the Board or a failure to meet 
the majority vote threshold established 
under section 553(c)(3); 
VerDate Sep 11 2014 
21:49 Nov 21, 2018
Jkt 089200
PO 00000
Frm 00216
Fmt 6652
Sfmt 6201
E:\BILLS\H7140.IH
H7140
pamtmann on DSKBFK8HB2PROD with BILLS
217 
(III) a description of the number 
of members voting in the affirmative 
and in the negative for any action de-
scribed in clause (i); 
(IV) any findings of the Board, 
including— 
(aa) any findings of fact; 
(bb) a description of any rel-
evant information that the Board 
was unable to obtain or witnesses 
whom the Board was unable to 
interview, and the reasons there-
for; and 
(cc) a citation of any rel-
evant law, regulation, or stand-
ard of conduct relating to the 
violation; and 
(V) any supporting documenta-
tion; 
(iii) transmit to the individual who is 
the subject of the second-phase review the 
written report of the Board described in 
clause (ii); 
(iv) transmit to the Director of the 
Office of Public Integrity the written re-
VerDate Sep 11 2014 
21:49 Nov 21, 2018
Jkt 089200
PO 00000
Frm 00217
Fmt 6652
Sfmt 6201
E:\BILLS\H7140.IH
H7140
pamtmann on DSKBFK8HB2PROD with BILLS
218 
port of the Board described in clause (ii), 
and may include any recommendations for 
action by the Director that the Board may 
recommend; and 
(v) make public, on a website main-
tained by the Office, the written report of 
the Board described in clause (ii), unless a 
majority of the members of the Board vote 
to withhold the report from the public 
where public disclosure could compromise 
the ability of the applicable ethics com-
mittee or a law enforcement agency to act 
on probable ethics violations. 
(D) AUTHORITY FOR REPRIMAND.—Upon 
the completion of any second-phase review, the 
Board— 
(i) may, upon a majority vote, rep-
rimand, in writing, the alleged violator for 
potential violations of the law; 
(ii) in any case where a reprimand 
under clause (i) is issued, shall provide a 
copy of the reprimand to— 
(I) the presiding officer of the 
House of Congress in which the al-
VerDate Sep 11 2014 
21:49 Nov 21, 2018
Jkt 089200
PO 00000
Frm 00218
Fmt 6652
Sfmt 6201
E:\BILLS\H7140.IH
H7140
pamtmann on DSKBFK8HB2PROD with BILLS
219 
leged violator serves (if such indi-
vidual is a Member of Congress); or 
(II) the alleged violator’s em-
ployer, if the individual is an employee 
of Congress; and 
(iii) may make the reprimand avail-
able to the public. 
(c) REQUESTS FROM APPLICABLE ETHICS COMMIT-
TEES.— 
(1) IN GENERAL.—Notwithstanding any other 
provision of this subtitle, upon receipt of a written 
request from an applicable ethics committee that the 
Board cease its review of any matter and refer such 
matter to the committee because of the ongoing in-
vestigation of such matter by the committee, the 
Board shall refer such matter to the committee, 
cease its preliminary or second-phase review, as ap-
plicable, of that matter and so notify any individual 
who is the subject of the review. In any such case, 
the Board shall send a written report to the com-
mittee containing a statement that, upon the request 
of that committee, the matter is referred to it for its 
consideration. Nothing in this paragraph shall be 
construed to prevent the Board from sending any in-
formation regarding the matter to the Director of 
VerDate Sep 11 2014 
21:49 Nov 21, 2018
Jkt 089200
PO 00000
Frm 00219
Fmt 6652
Sfmt 6201
E:\BILLS\H7140.IH
H7140
pamtmann on DSKBFK8HB2PROD with BILLS
220 
the Office of Public Integrity or to other law en-
forcement agencies. 
(2) RESUMPTION OF REVIEW.—If the applicable 
ethics committee notifies the Board in writing that 
it is unable to resolve any matter described in para-
graph (1), the Board may begin or continue, as the 
case may be, a second-phase review of the matter in 
accordance with subsection (b)(3). 
(d) PROCEDURES.— 
(1) REVIEW POWERS.—Members of the Board 
or employees of the Office may, during either an ini-
tial review or second-phase review— 
(A) administer oaths; 
(B) require, by subpoena or otherwise, the 
attendance and testimony of such witnesses and 
the production of such books, records, cor-
respondence, accounts, memoranda, papers, 
documents, tapes, and materials as the Board 
or the Office considers advisable; 
(C) take the deposition of witnesses; and 
(D) conduct general audits of filings under 
the Lobbying Disclosure Act of 1995 (2 U.S.C. 
1601 et seq.). 
(2) WITNESSES.— 
VerDate Sep 11 2014 
21:49 Nov 21, 2018
Jkt 089200
PO 00000
Frm 00220
Fmt 6652
Sfmt 6201
E:\BILLS\H7140.IH
H7140
pamtmann on DSKBFK8HB2PROD with BILLS
221 
(A) WITNESSES.—Any witness interviewed 
as part of a review under this section shall sign 
a statement acknowledging that the witness un-
derstands that section 1001 of title 18, United 
States Code (popularly known as the ‘‘False 
Statements Act’’), applies to the testimony of 
the witness and to any documents the witness 
provides. 
(B) PAYMENT.—Witnesses appearing be-
fore the Office may be paid in the same manner 
as prescribed by clause 5 of rule XI of the 
Rules of the House of Representatives, as in ef-
fect on the day before the date of enactment of 
this Act. 
(3) PROHIBITION OF EX PARTE COMMUNICA-
TIONS.—There shall be no ex parte communications 
between any member of the Board or employee of 
the Office and any individual who is the subject of 
any review by the Board or between any member of 
the Board and any interested party, and no Member 
or employee of the Congress may communicate with 
any member of the Board or employee of the Office 
regarding any matter under review by the Board ex-
cept as authorized by the Board. 
VerDate Sep 11 2014 
21:49 Nov 21, 2018
Jkt 089200
PO 00000
Frm 00221
Fmt 6652
Sfmt 6201
E:\BILLS\H7140.IH
H7140
pamtmann on DSKBFK8HB2PROD with BILLS
222 
(4) CONTEMPT OF CONGRESS.—If a person dis-
obeys or refuses to comply with a subpoena, or if a 
witness refuses to testify to a matter, the Board 
may recommend to the applicable ethics committee 
that such person be held in contempt of Congress. 
(e) PROTECTION FROM FRIVOLOUS CHARGES.— 
(1) CIVIL PENALTY FOR INITIAL COMPLAINT.— 
(A) FALSE COMPLAINT.—It shall be un-
lawful for any person to knowingly file with the 
Office a false complaint of misconduct by any 
Member or employee of Congress. 
(B) ENCOURAGEMENT
TO
FILE
FALSE 
COMPLAINT.—It shall be unlawful for any per-
son to encourage another person to file a false 
complaint of misconduct by any Member or em-
ployee of Congress. 
(C) ACTION BY OFFICE OF PUBLIC INTEG-
RITY.—The Director of the Office of Public In-
tegrity, after providing notice and an oppor-
tunity for a hearing, may impose a civil penalty 
on any person who violates subparagraph (A) or 
(B) in the amount of the greater of— 
(i) $10,000; or 
(ii) the cost of the preliminary review. 
VerDate Sep 11 2014 
21:49 Nov 21, 2018
Jkt 089200
PO 00000
Frm 00222
Fmt 6652
Sfmt 6201
E:\BILLS\H7140.IH
H7140
pamtmann on DSKBFK8HB2PROD with BILLS
223 
(2) BAN ON ALL SUBSEQUENT COMPLAINTS.— 
Any person upon whom the Director of the Office of 
Public Integrity imposes a civil penalty under para-
graph (1)(C) may not file a complaint with the 
Board again. 
SEC. 556. PERSONNEL MATTERS. 
(a) COMPENSATION OF EMPLOYEES.— 
(1) APPOINTMENT.—Upon a majority vote of 
the Board, the Board may appoint and fix the com-
pensation of such professional, nonpartisan staff (in-
cluding staff with relevant experience in investiga-
tions and law enforcement) of the Office as the 
Board considers necessary to perform its duties. 
(2) QUALIFICATIONS.—Each employee of the 
Office shall be professional and demonstrably quali-
fied for the position for which the employee is hired. 
(3) STAFFING REQUIREMENTS.— 
(A) IN GENERAL.—The employees of the 
Office shall be assembled and retained as a pro-
fessional, nonpartisan staff, and the Office as a 
whole, and each individual employee, shall per-
form all official duties in a nonpartisan manner. 
(B) NO PARTISAN POLITICAL ACTIVITY.— 
No employee of the Office shall engage in any 
VerDate Sep 11 2014 
21:49 Nov 21, 2018
Jkt 089200
PO 00000
Frm 00223
Fmt 6652
Sfmt 6201
E:\BILLS\H7140.IH
H7140
pamtmann on DSKBFK8HB2PROD with BILLS
224 
partisan political activity directly affecting any 
congressional or presidential election. 
(C) LIMITATION OR PUBLIC SPEAKING OR 
PUBLICATION.—No employee of the Office may 
accept public speaking engagements or write for 
publication on any subject that is in any way 
related to the employee’s employment or duties 
with the Office without specific prior approval 
from the chairperson and vice-chairperson of 
the Board. 
(b) TERMINATION
OF EMPLOYEES.—The employ-
ment of an employee of the Office may be terminated dur-
ing a Congress solely by a majority vote of the Board. 
(c) REIMBURSEMENTS.—Members of the Board, and 
employees of the Office, may be reimbursed for travel, sub-
sistence, and other necessary expenses incurred by mem-
bers or employees in the performance of their duties in 
the same manner as is permissible for such expenses of 
other employees of the House or Senate. 
(d) AGREEMENTS FOR MEMBERS AND EMPLOYEES; 
RETENTION OF DOCUMENTS BY THE CLERK.— 
(1) IN GENERAL.—Before any individual who is 
appointed to serve on the Board or before any indi-
vidual is hired to be an employee of the Office may 
do so, the individual shall execute a signed document 
VerDate Sep 11 2014 
21:49 Nov 21, 2018
Jkt 089200
PO 00000
Frm 00224
Fmt 6652
Sfmt 6201
E:\BILLS\H7140.IH
H7140
pamtmann on DSKBFK8HB2PROD with BILLS
225 
containing the following statement: ‘‘I agree not to 
be a candidate for the office of Senator or Rep-
resentative in, or Delegate or Resident Commis-
sioner to, the Congress for purposes of the Federal 
Election Campaign Act of 1971 until at least 4 
years after I am no longer a member of the Congres-
sional Ethics Board or employee of the Office of 
Congressional Ethics.’’. 
(2) RETENTION OF DOCUMENTS.—Copies of the 
signed and executed document shall be retained by 
the Clerk of the House of Representatives and the 
Secretary of the Senate as part of the records of the 
House and the Senate. The Clerk and the Secretary, 
working jointly, shall make the signatures a matter 
of public record, causing the names of each indi-
vidual who has signed the document to be published 
in a portion of the Congressional Record designed 
for that purpose, and make cumulative lists of such 
names available on the websites of the Clerk and the 
Secretary. 
(e) CODE OF CONDUCT.—The Board— 
(1) shall establish a code of conduct to govern 
the behavior of the members of the Board and the 
employee of the Office, which shall include the avoid-
ance of conflicts of interest; and 
VerDate Sep 11 2014 
21:49 Nov 21, 2018
Jkt 089200
PO 00000
Frm 00225
Fmt 6652
Sfmt 6201
E:\BILLS\H7140.IH
H7140
pamtmann on DSKBFK8HB2PROD with BILLS
226 
(2) may issue other rules as the Board deter-
mines necessary to carry out the functions of the 
Board and the Office. 
SEC. 557. AUTHORIZATION OF APPROPRIATIONS. 
There is authorized to be appropriated to carry out 
this subtitle such sums as may be necessary. 
SEC. 558. CONFORMING AMENDMENTS AND RULES OF CON-
STRUCTION. 
(a) CONFORMING AMENDMENTS TO THE ETHICS IN 
GOVERNMENT ACT OF 1978.—Section 109(18) of the 
Ethics in Government Act of 1978 (5 U.S.C. App.) is 
amended— 
(1) by redesignating subparagraphs (A) through 
(D), as amended, as subparagraphs (B) through 
(E), respectively; 
(2) by inserting before subparagraph (B), as re-
designated by paragraph (1) of this subsection, the 
following: 
‘‘(A) the Office of Congressional Ethics es-
tablished under section 552 of the Anti-Corrup-
tion and Public Integrity Act, for Senators, 
Members of the House of Representatives, offi-
cers and employees of the Senate, and officers 
and employees of the House of Representatives 
required to file financial disclosure reports with 
VerDate Sep 11 2014 
21:49 Nov 21, 2018
Jkt 089200
PO 00000
Frm 00226
Fmt 6652
Sfmt 6201
E:\BILLS\H7140.IH
H7140
pamtmann on DSKBFK8HB2PROD with BILLS