‘‘(B) any organization other than a polit-
ical organization described in section 527(e) of 
the Internal Revenue Code of 1986 in which the 
employee is an active participant. 
‘‘(2) EXCLUSIONS.—This subsection shall not 
apply to— 
‘‘(A) the President; 
‘‘(B) the Vice President; 
‘‘(C) any individual appointed to a position 
in an Executive agency by and with the advice 
and consent of the Senate; 
‘‘(D) an officer or employee who served as 
an officer, director, trustee, general partner, 
agent, attorney, consultant, contractor, or em-
ployee of a tribal organization (as defined in 
section 4 of the Indian Self-Determination and 
Education Assistance Act (25 U.S.C. 5304)) or 
an intertribal consortium of federally recognized 
Indian tribes with respect to a matter that is 
likely to have a direct and predictable effect on 
the financial interest of the tribal organization 
or intertribal consortium; or 
‘‘(E) any individual who receives a waiver 
under paragraph (3). 
‘‘(3) WAIVER.— 
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‘‘(A) IN GENERAL.—The Director of Pub-
lic Integrity may waive the requirements of this 
subsection for any officer or employee (except 
individuals described in subparagraph (C)(iii)). 
‘‘(B) LIMITATION.—Officers and employ-
ees may apply to the Director of Public Integ-
rity for a waiver under this paragraph only if 
the individual agrees to comply with the Con-
flicts of Interest Rules for Senior Government 
Officials in section 105(a) and section 106 of 
the Anti-Corruption and Public Integrity Act. 
‘‘(C) WAIVER REQUIREMENTS.—A waiver 
made under this paragraph— 
‘‘(i) shall be made publicly available 
and searchable within 30 days of issuance; 
‘‘(ii) shall include a justification sent 
to Congress within 30 days of issuance ex-
plaining why the waiver is in the national 
interest; and 
‘‘(iii) may not be granted if the indi-
vidual received a waiver under section 
102(a)(1)(C) of the Anti-Corruption and 
Public Integrity Act. 
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‘‘(D) AUTHORITY OF DIRECTOR.—The Di-
rector of Public Integrity may deny a waiver 
under this paragraph for any reason. 
‘‘(4) PENALTY.—An officer or employee who 
violates this subsection shall be subject to the pen-
alties set forth in section 216 of this title.’’. 
SEC. 104. LEGISLATIVE BRANCH CONFLICTS OF INTEREST 
LAW EXPANSIONS. 
(a) DIVESTMENT.—Except as provided in subsection 
(e), no senior government official in the legislative branch 
(including Members of Congress) may own an interest in 
or trade (except as a divestment) any stock, bond, com-
modity, future, and other form of security, including an 
interest in a hedge fund, a derivative, option, or other 
complex investment vehicle. 
(b) COMMITTEE STAFF RULE.—No officer or em-
ployee of a committee of either House of Congress may 
maintain, own, or trade any substantial holdings (includ-
ing individual stocks and securities) which may be directly 
affected by the actions of the committee for which the in-
dividual works, unless the Select Committee on Ethics of 
the Senate or the Committee on Ethics of the House of 
Representatives, as applicable, approves of such holdings 
in writing after consultation with the supervisor of the of-
ficer or employee and the Office of Congressional Ethics. 
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(c) GENERAL CONFLICTS OF INTEREST RULE FOR 
CONGRESSIONAL STAFF AND MEMBERS.—No Member, 
officer, or employee of a committee or Member of either 
House of Congress may knowingly use his or her official 
position to introduce or aid the progress or passage of leg-
islation, a principal purpose of which is to further only 
his or her pecuniary interest, only the pecuniary interest 
of his or her immediate family, or only the pecuniary inter-
est of a limited class of persons or enterprises, when he 
or she, or his or her immediate family, or enterprises con-
trolled by them, are members of the affected class. 
(d) GENERAL STOCK AND SECURITIES RULE.—An 
officer or employee of a committee or Member of either 
House of Congress, who is not a senior government em-
ployee covered by subsection (a), shall be in violation of 
subsection (c) if— 
(1) the officer or employee owns an interest in 
or trades (except as a divestment) individual stocks 
or securities; and 
(2) the value of such stocks or securities may 
be influenced by actions taken by the individual in 
his or her official position, as determined by the Se-
lect Committee on Ethics of the Senate or the Com-
mittee on Ethics of the House of Representatives, as 
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applicable, in consultation with the Office of Con-
gressional Ethics. 
(e) EXCEPTION.—Nothing in this section shall be 
construed to prevent an employee or officials of a Member 
of Congress or a Member of Congress from owning— 
(1) a widely held investment fund described in 
section 102(f)(8) of the Ethics in Government Act of 
1978 (5 App. U.S.C. 102(f)(8)), if the investment 
meets 
the 
requirements 
described 
in 
section 
105(b)(2); 
(2) shares of Settlement Common Stock issued 
under section 7(g)(1)(A) of the Alaska Native 
Claims Settlement Act (43 U.S.C. 1606(g)(1)(A)); 
or 
(3) shares of Settlement Common Stock, as de-
fined in section 3 of the Alaska Native Claims Set-
tlement Act (43 U.S.C. 1602). 
SEC. 105. CONFLICTS OF INTEREST RULES FOR ALL SEN-
IOR GOVERNMENT OFFICIALS AND NONCON-
FLICTED FEDERAL EMPLOYEE INVESTMENT 
ACCOUNTS. 
(a) REQUIRED DIVESTMENTS OF CONFLICTED AS-
SETS.— 
(1) STOCKS AND SECURITIES.—No senior gov-
ernment official may own an interest in or trade (ex-
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cept a divestment required or approved by the super-
vising ethics office) any stock, bond, commodity, fu-
ture, and other form of security, including an inter-
est in a hedge fund, a derivative, option, or other 
complex investment vehicle, except nonconflicted as-
sets allowed under subsection (b). 
(2) COMMERCIAL
REAL
ESTATE.—No senior 
government official may maintain ownership in com-
mercial real estate, unless ownership of such com-
mercial real estate is necessary for a qualified small 
business described in paragraph (4)(C). 
(3) TRUSTS.— 
(A) IN GENERAL.—No senior government 
official may maintain a financial interest in any 
trust, including a family trust, if the super-
vising ethics office determines that the trust in-
cludes any— 
(i) asset that might present a conflict 
of interest; or 
(ii) stock, bond, commodity, future, 
and other form of security, including an in-
terest in a hedge fund, a derivative, option, 
or other complex investment vehicle, except 
nonconflicted assets allowed under sub-
section (b). 
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(B) EXCEPTION.—Subparagraph (A) shall 
not apply to a trust described in section 
102(f)(2) of the Ethics in Government Act of 
1978 (5 U.S.C. App.). 
(4) BUSINESSES AND COMPANIES.— 
(A) PRIVATELY OWNED OR CLOSELY HELD 
CORPORATION.—No senior government official 
may maintain ownership in a privately owned or 
closely held corporation, company, firm, part-
nership, or other business enterprise. 
(B) BOARD MEMBERS.—No senior govern-
ment official may serve on the board of direc-
tors of any for-profit entity, including any cor-
poration, company, firm, partnership, or other 
business enterprise. 
(C) EXCEPTION.—Subparagraphs (A) and 
(B) shall not apply to a qualified small busi-
ness. 
(b) NONCONFLICTED ASSETS.— 
(1) IN GENERAL.—A senior government official 
may maintain assets that do not present a conflict 
of interest, including— 
(A) a widely held investment fund— 
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(i) described in section 102(f)(8) of 
the Ethics in Government Act of 1978 (5 
U.S.C. App.); and 
(ii) that meets the requirements de-
scribed in paragraph (2); 
(B) noncommercial real estate, including 
real estate used solely as a personal residence; 
(C) cash, certificates of deposit, or other 
forms of savings accounts; 
(D) a federally managed asset, including— 
(i) financial interests in or income de-
rived from— 
(I) any retirement system under 
title 5, United States Code (including 
the Thrift Savings Plan under sub-
chapter III of chapter 84 of such 
title); or 
(II) any other retirement system 
maintained by the United States for 
officers or employees of the United 
States, including the President, or for 
members of the uniformed services; 
(ii) benefits received under the Social 
Security Act (42 U.S.C. 301 et seq.); and 
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(iii) an asset in the Federal Employee 
Investment Account described in para-
graph (3); 
(E) bonds, bills, and notes issued by gov-
ernmental sources, such as the Federal Govern-
ment, State, or other municipality; 
(F) shares of Settlement Common Stock 
issued under section 7(g)(1)(A) of the Alaska 
Native Claims Settlement Act (43 U.S.C. 
1606(g)(1)(A)); and 
(G) shares of Settlement Common Stock, 
as defined in section 3 of the Alaska Native 
Claims Settlement Act (43 U.S.C. 1602). 
(2) WIDELY
HELD
INVESTMENT
FUND
RE-
QUIREMENTS.—A senior government official may not 
maintain a widely held investment fund described in 
section 102(f)(8) of the Ethics in Government Act of 
1978 (5 U.S.C. App.), unless— 
(A) the widely held investment fund does 
not present a conflict of interest; and 
(B) any instructions to a manager of the 
widely held investment fund are shared with the 
applicable supervising ethics office. 
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(3) FEDERAL
EMPLOYEE
INVESTMENT
AC-
COUNT.—Section 8472 of title 5, United States 
Code, is amended— 
(A) in subsection (f)— 
(i) in paragraph (2), by striking 
‘‘and’’ at the end; 
(ii) in paragraph (3), by striking the 
period at the end and inserting a semi-
colon; and 
(iii) by adding at the end the fol-
lowing: 
‘‘(4) not later than 3 years after the date of en-
actment of this paragraph, establish Federal Em-
ployee Investment Accounts in the Treasury of the 
United States accounts for senior government offi-
cials to maintain investments in the stock and secu-
rities markets in which a senior government official 
may— 
‘‘(A) sell an asset or security, including 
those assets or securities that present a conflict 
of interest under section 105(a) of the Anti- 
Corruption and Public Integrity Act, and invest 
the resulting funds into the Federal Employee 
Investment Accounts; and 
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‘‘(B) withdraw funds from their Federal 
Employee Investment Account at any time; 
‘‘(5) act in the interest of the plan participants 
and beneficiaries of Federal Employee Investment 
Accounts when making decisions for the purpose of 
providing benefits to those participants and bene-
ficiaries; 
‘‘(6) establish a new and parallel system for 
recordkeeping with respect to Federal Employee In-
vestment Accounts; and 
‘‘(7) establish a Federal Employee Investment 
Fund to fully cover administrative costs associated 
with managing Federal Employee Investment Ac-
counts, which— 
‘‘(A) shall be separate from the Thrift Sav-
ings Fund established under section 8437, ex-
cept with respect to administrative costs for 
common resources; and 
‘‘(B) may be used for compensation to pay 
new employees, additional resources for infor-
mation technology, additional call center capac-
ity, and any other new capacity to handle the 
administration of Federal Employee Investment 
Accounts.’’; 
(B) in subsection (g)(1)— 
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(i) in subparagraph (C), by striking 
‘‘and’’ at the end; 
(ii) by striking the period at the end 
and inserting ‘‘; and’’; and 
(iii) by adding at the end the fol-
lowing: 
‘‘(E) promulgate regulations for the ad-
ministration of Federal Employee Investment 
Accounts.’’; and 
(C) by adding at the end the following: 
‘‘(k) AUTHORIZATION OF APPROPRIATIONS.—There 
is authorized to be appropriated such sums as may be nec-
essary to establish and maintain Federal Employee Invest-
ment Accounts established under subsection (f), including 
for the purpose of reducing any fees paid by participants 
in the Federal Employee Investment Accounts.’’. 
SEC. 106. POST-EMPLOYMENT RESTRICTIONS. 
(a) IN GENERAL.—Section 207 of title 18, United 
States Code, is amended— 
(1) in subsection (a)— 
(A) in paragraph (1), in the matter pre-
ceding subparagraph (A), by inserting after 
‘‘with the intent to influence,’’ the following: 
‘‘or with the intent to gain information for use 
in analyzing securities or commodities markets, 
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or in informing investment decisions in securi-
ties or commodities markets,’’; and 
(B) in paragraph (2), in the matter pre-
ceding subparagraph (A), by inserting after 
‘‘with the intent to influence,’’ the following: 
‘‘or with the intent to gain information for use 
in analyzing securities or commodities markets, 
or in informing investment decisions in securi-
ties or commodities markets,’’; 
(2) by striking subsections (c), (d), and (e) and 
inserting the following: 
‘‘(c) LOBBYING AND POLITICAL INTELLIGENCE RE-
STRICTIONS.— 
‘‘(1) IN GENERAL.—In addition to the restric-
tions set forth in subsections (a) and (b), any Presi-
dent, Vice President, Member of Congress, or officer 
or employee compensated at a rate of pay specified 
in or fixed according to subchapter II of chapter 53 
of title 5, after the termination of his or her service 
or employment with the United States who— 
‘‘(A) works as a registered lobbyist or po-
litical intelligence consultant; or 
‘‘(B) knowingly makes, with the intent to 
influence, or with the intent to gain information 
for use in analyzing securities or commodities 
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markets, or in informing investment decisions 
in securities or commodities markets, any com-
munication to or appearance before any officer 
or employee of any department, Executive agen-
cy, Member, officer, or employee of either 
House of Congress or any employee of any 
other legislative office of the Congress, on be-
half of any other person (except the United 
States or the District of Columbia) for com-
pensation, in connection with any matter on 
which such person seeks official action by any 
Member, officer, or employee of either House of 
Congress, or any employee or officer of any de-
partment or agency Executive agency, 
shall be subject to the penalties set forth in section 
216 of this title. 
‘‘(2) OTHER OFFICIALS.— 
‘‘(A) IN
GENERAL.—Any officer or em-
ployee in the executive or legislative branch of 
the United States who, during the time period 
described in subparagraph (B) makes, with the 
intent to influence, or with the intent to gain 
information for use in analyzing securities or 
commodities markets, or in informing invest-
ment decisions in securities or commodities 
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markets, any communication to or appearance 
before their former office, Executive agency, or 
House of Congress, for compensation, shall be 
subject to the penalties set forth in section 216 
of this title. 
‘‘(B) TIME PERIOD.—The time period de-
scribed in this subparagraph is as follows: 
‘‘(i) With respect to an officer or em-
ployee of the legislative branch, 2 years 
after the termination of service or employ-
ment as an officer or employee. 
‘‘(ii) With respect to an officer or em-
ployee of the executive branch, the later 
of— 
‘‘(I) the date on which a Presi-
dent other than the President serving 
at the time of the termination of serv-
ice or employment of the officer or 
employee takes office; and 
‘‘(II) the date on which the 2- 
year period beginning on the date of 
the termination of service or employ-
ment as an officer or employee ex-
pires. 
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‘‘(iii) With respect to an officer or em-
ployee of the executive branch of the 
United States who becomes a corporate 
lobbyist, the later of— 
‘‘(I) the date on which a Presi-
dent other than the President serving 
at the time of the termination of serv-
ice or employment of the officer or 
employee takes office; and 
‘‘(II) the date on which the 6- 
year period beginning on the date of 
the termination of service or employ-
ment as an officer or employee ex-
pires. 
‘‘(iv) With respect to an officer or em-
ployee of the legislative branch of the 
United States who becomes a corporate 
lobbyist, the date on which the 6-year pe-
riod beginning on the date of the termi-
nation of service or employment as an offi-
cer or employee expires.’’; 
(3) by redesignating subsections (f) through (l) 
as subsections (d) through (j), respectively; 
(4) in subsection (g), as so redesignated— 
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(A) by redesignating paragraphs (1), (2), 
and (3) as paragraphs (2), (3), and (4), respec-
tively; 
(B) by inserting before paragraph (2), as 
so redesignated, the following: 
‘‘(1) the terms ‘corporate lobbyist’, ‘lobbyist’, 
and ‘political intelligence consultant’ have the mean-
ings given such terms in section 3 of the Lobbying 
Disclosure Act of 1995 (2 U.S.C. 1602);’’; and 
(C) in paragraph (2), as so redesignated, 
by inserting after ‘‘with the intent to influ-
ence,’’ the following: ‘‘or with the intent to gain 
information for use in analyzing securities or 
commodities markets, or in informing invest-
ment decisions in securities or commodities 
markets,’’; 
(5) in subsection (h), as so redesignated, by 
adding at the end the following: 
‘‘(8) REPRESENTATIVE OF A MEDIA ORGANIZA-
TION.—The restrictions contained in this section re-
lating to a communication made with the intent to 
gain information for use in analyzing securities or 
commodities markets, or in informing investment de-
cisions in securities or commodities markets shall 
not apply to a communication made by a representa-
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tive of a media organization (as such term is defined 
in section 3 of the Lobbying Disclosure Act of 1995 
(2 U.S.C. 1602)), if the purpose of the communica-
tion is gathering and disseminating news and infor-
mation to the public.’’; and 
(6) by adding at the end the following: 
‘‘(k) OTHER POST-EMPLOYMENT RESTRICTIONS.— 
‘‘(1) DEFINITIONS.—In this subsection: 
‘‘(A) GIANT
BANK
OR
COMPANY.—The 
term ‘giant bank or company’ includes— 
‘‘(i) any for-profit company or finan-
cial institution with greater than an aver-
age of $150,000,000,000 in market cap-
italization or revenue for the previous 3- 
year period; 
‘‘(ii) any Federal contractor that re-
ceived greater than $5,000,000,000 in an-
nual revenue from the Federal Government 
during the previous 3-year period; and 
‘‘(iii) any for-profit company or finan-
cial institution that exerts monopolistic or 
monopsonistic control over a significant 
share of the market in its particular indus-
try (as defined by the Director of the Of-
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fice of Public Integrity, in consultation 
with the Attorney General, by regulation). 
‘‘(B) LOBBYING CONTACT.—The term ‘lob-
bying contact’ has the meaning given the term 
in section 3 of the Lobbying Disclosure Act of 
1995 (2 U.S.C. 1602). 
‘‘(C) REGISTERED
LOBBYIST.—The term 
‘registered lobbyist’ means a lobbyist registered 
under the Lobbying Disclosure Act of 1995 (2 
U.S.C. 1601 et seq.). 
‘‘(D) SENIOR
GOVERNMENT
OFFICIAL.— 
The term ‘senior government official’ means— 
‘‘(i) any individual described in sec-
tion 101(f) of the Ethics in Government 
Act of 1978 (5 U.S.C. App.), including— 
‘‘(I) any individual appointed to 
a position on any level of the Execu-
tive Schedule under subchapter II of 
chapter 53 of title 5, United States 
Code, including positions identified in 
sections 5312 through 5316 of title 5, 
United States Code; 
‘‘(II) a noncareer officer or em-
ployee serving in the Executive Office 
of President, including the White 
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House Office, and in the Office of the 
Vice President; and 
‘‘(III) an individual employed in 
a position in the executive branch of 
the Government who is excepted from 
the competitive service by reason of 
being of a confidential or policy-deter-
mining character under schedule C of 
subpart C of part 213 of title 5, Code 
of Federal Regulations (or any suc-
cessor regulations), except that the 
Director of the Office of Public Integ-
rity may, by regulation, exclude from 
the application of this paragraph any 
individual, or group of individuals, 
who are in such positions, but only in 
cases in which the Director deter-
mines such exclusion would not affect 
adversely the integrity of the Govern-
ment or the confidence of the public 
in the integrity of the Government; 
‘‘(ii) an individual employed in a posi-
tion in the Senior Executive Service; 
‘‘(iii) an individual employed in a po-
sition at the GS–15 level or higher; and 
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‘‘(iv) an individual employed in a posi-
tion not under the General Schedule for 
which the rate of basic pay is equal to or 
greater than the minimum rate of basic 
pay payable for GS–15 of the General 
Schedule. 
‘‘(2) SENIOR
GOVERNMENT
OFFICIAL
HIRING 
RESTRICTION.—No for-profit corporation, company, 
firm, partnership, or other business enterprise may 
hire or directly or indirectly compensate (including 
as consultants and lawyers) any former senior gov-
ernment official, for 1 year after the official leaves 
government service, from an Executive agency, de-
partment, or congressional office with which the cor-
poration, company, firm, partnership, or other busi-
ness enterprise made a lobbying contact in the past 
2 years. 
‘‘(3) SPECIAL RULES FOR POST EMPLOYMENT 
WITH
GIANT
BANKS, COMPANIES, AND
CONTRAC-
TORS.— 
‘‘(A) PROCUREMENT OFFICERS.—No com-
pany that is awarded a contract or license by 
the Federal Government may hire or com-
pensate any former officer or employee in the 
executive branch of the United States who 
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oversaw any of the company’s contracts or li-
censes (including any procurement officer, any 
Federal employee or official who participated in 
the contract or license selection, any Federal 
employee or official who determined or ap-
proved the technical requirements of the con-
tract or license, and any senior government offi-
cial in the executive branch of the United 
States employed at the Executive agency that 
granted the contract or license) during the 4- 
year period beginning on the date on which the 
officer terminated employment with the United 
States. 
‘‘(B) GIANT BANKS AND COMPANIES.—No 
giant bank or company may hire or directly or 
indirectly compensate (including as consultants 
and lawyers) any senior government official 
during the 4-year period beginning on the date 
on which the official terminated employment 
with the United States. 
‘‘(C) EARNED INCOME DISCLOSURES.— 
‘‘(i) IN GENERAL.—Not later than 1 
year after the date of enactment of this 
clause, each senior government official who 
terminates service on or after the date that 
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is 1 year after the date of enactment of 
this clause shall submit to the Director of 
the Office of Public Integrity an annual 
disclosure that includes all sources of 
earned income for the 4-year period begin-
ning on the date on which the government 
official terminated employment with the 
United States. 
‘‘(ii) PUBLICLY AVAILABLE.—The Di-
rector of the Office of Public Integrity 
shall make a disclosure made under clause 
(i) publicly available for any official who 
had a report made in accordance with title 
I of the Ethics in Government Act of 1978 
(5 U.S.C. App.) made publicly available. 
‘‘(iii) AUTOMATIC DISCLOSURE.— 
‘‘(I) IN GENERAL.—Each senior 
government official subject to the dis-
closure requirement in clause (i) may 
consent to allow the Director of the 
Office of Public Integrity to obtain 
from the Commissioner of Internal 
Revenue the information necessary to 
meet the requirements of subclause 
(i), but no other information, such 
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that additional action is not required 
of the senior government official after 
such individual files a tax return. 
‘‘(II) SAFE HARBOR.—Any indi-
vidual who consents under subclause 
(I) shall not be subject to clause (v). 
‘‘(iv) 
MEMORANDUM
OF
UNDER-
STANDING.—Not later than 1 year after 
the date of enactment of this subclause, 
the Director of the Office of Public Integ-
rity and the Commissioner of Internal Rev-
enue shall enter into a cooperative agree-
ment or memorandum of understanding to 
establish secure means to allow for the 
necessary information exchange in sub-
clause (III) for senior government officials 
who wish to avail themselves of the auto-
matic disclosure under subclause (III). 
‘‘(v) PENALTIES FOR FORMER SENIOR 
GOVERNMENT OFFICIALS.— 
‘‘(I) CIVIL ACTION.—The Attor-
ney General or the Director of the Of-
fice of Public Integrity may bring a 
civil action in any appropriate United 
States district court against any indi-
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vidual who knowingly and willfully fal-
sifies or who knowingly and willfully 
fails to disclose any information that 
such individual is required to disclose 
pursuant to this clause. The court in 
which such action is brought may as-
sess against such individual a civil 
penalty in any amount, not to exceed 
$50,000. 
‘‘(II) CRIMINAL PENALTIES.— 
‘‘(aa) 
PROHIBITION.—It 
shall be unlawful for any person 
to knowingly and willfully falsify 
any information that such person 
is required to disclose under this 
clause. It shall be unlawful for 
any person to fail to disclose any 
information that such person is 
required to disclose under this 
clause. 
‘‘(bb) 
PENALTIES.—Any 
person who violates the first sen-
tence of subitem (AA) shall be 
fined under title 18, United 
States Code, imprisoned for not 
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more than 1 year, or both. Any 
person who violates the second 
sentence of subitem (AA) shall be 
fined under title 18, United 
States Code. 
‘‘(4) PENALTIES FOR GIANT BANKS AND COM-
PANIES.— 
‘‘(A) IN GENERAL.—The Director of Office 
of Public Integrity may impose a civil penalty 
or a sanction on any entity or giant bank or 
company upon making a determination, after 
reasonable notice and opportunity for a hearing, 
that the entity or giant bank or company has 
violated paragraph (2) or (3)(B). 
‘‘(B) AMOUNT
OF
CIVIL
PENALTIES.—A 
civil penalty imposed for a violation under sub-
paragraph (A) shall— 
‘‘(i) in the case of an initial violation, 
be not less than 1 percent of the net profit 
of the entity or giant bank or company for 
the previous year; 
‘‘(ii) in the case of a second violation, 
be not less than 2 percent of the net profit 
of the entity or giant bank or company for 
the previous year; and 
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‘‘(iii) in the case of a third or subse-
quent violation, be not less than 5 percent 
of the net profit of the entity or giant bank 
or company for the previous year. 
‘‘(C) OTHER PENALTIES AND SANCTIONS 
COMPANIES.—In addition to a civil penalty im-
posed under this clause, after reasonable notice 
and an opportunity for a hearing, if the Direc-
tor of the Office of Public Integrity determines 
that a company has violated paragraph (2) or 
(3)(B), the Director may impose a sanction on 
an entity or a giant bank or company, includ-
ing— 
‘‘(i) prohibiting the entity or giant 
bank or company from employing any 
former employee or officer of the Federal 
Government for a period of time not to ex-
ceed 8 years; 
‘‘(ii) prohibiting the company from 
doing business with the Federal Govern-
ment, receiving a contract or license from 
the Federal Government, or otherwise par-
ticipating in Federal Government pro-
grams, for a period of time not to exceed 
8 years. 
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‘‘(D) CIVIL
PENALTIES
FOR
EXECUTIVE 
OFFICERS OF COMPANIES.— 
‘‘(i) DEFINITION.—In this subclause, 
the term ‘compensation’ includes, based on 
information required to be reported to any 
Federal agency during the period in which 
a violation of paragraph (2) or (3)(B) oc-
curred— 
‘‘(I) the proceeds of any sale of 
stock; and 
‘‘(II) any incentive-based com-
pensation (including stock options 
awarded as compensation). 
‘‘(ii) CIVIL PENALTY.—In addition to 
the penalties described in subparagraphs 
(B) and (C), after reasonable notice and 
an opportunity for a hearing, that an exec-
utive officer of an entity or giant bank or 
company has knowingly, or with gross neg-
ligence, violated paragraph (2) or (3)(B), 
or contributed to the violation of a para-
graph (2) or (3)(B), the Director may as-
sess a civil penalty against the executive 
officer not to exceed the amount of the of-
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ficer’s compensation for each year during 
which the violations occurred. 
‘‘(E) MITIGATING
FACTORS.—In deter-
mining the amount of any penalties assessed 
under this paragraph, the Director of the Office 
of Public Integrity or the court shall take into 
account the appropriateness of the penalty with 
respect to— 
‘‘(i) the size of financial resources and 
good faith of the entity, giant bank or 
company, or senior executive; 
‘‘(ii) the gravity of the violation or 
failure to pay; 
‘‘(iii) the history of previous viola-
tions; and 
‘‘(iv) such other matters as justice 
may require. 
‘‘(F) AUTHORITY
TO
MODIFY
OR
REMIT 
PENALTY.—The Director of the Office of Public 
Integrity may compromise, modify, or remit any 
penalty under this paragraph, which may be as-
sessed or had already been assessed. The 
amount of such penalty, when finally deter-
mined, shall be exclusive of any sums owed by 
the person to the United States in connection 
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with the costs of the proceeding, and may be 
deducted from any sums owing by the United 
States to the person charged. 
‘‘(G) NOTICE
AND
HEARING.—No civil 
penalty may be assessed under this paragraph 
with respect to a violation of paragraph (2) or 
(3)(B) unless— 
‘‘(i) the Director of the Office of Pub-
lic Integrity gives notice and an oppor-
tunity for a hearing to the person accused 
of the violation; or 
‘‘(ii) the appropriate court has or-
dered such assessment and entered judg-
ment in favor of the Director of the Office 
of Public Integrity.’’. 
(b) EFFECTIVE DATE.—The amendments made by 
subsection (a) relating to political intelligence contacts (as 
defined in section 3 of the Lobbying Disclosure Act of 
1995 (2 U.S.C. 1602), as amended by this Act) shall apply 
with respect to any political intelligence contact that is 
made on or after the date that is 1 year after the date 
of the enactment of this Act. 
(c) TECHNICAL AND CONFORMING AMENDMENTS.— 
Section 207 of title 18, United States Code, is amended— 
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(1) in subsection (d), as redesignated by sub-
section (a) of this section, is amended by striking 
‘‘(d), or (e)’’; 
(2) in subsection (f)(2), as redesignated by sub-
section (a) of this section, in the second sentence, by 
striking ‘‘(c)(2)(A)(i) or (iii)’’ and inserting ‘‘(c)’’; 
(3) in subsection (g)(1), as redesignated by sub-
section (a) of this section— 
(A) in subparagraph (A), by striking ‘‘(a), 
(c), and (d)’’ and inserting ‘‘(a) and (c)’’; and 
(B) in subparagraph (B), by striking ‘‘(f)’’ 
and inserting ‘‘(d)’’; and 
(4) in subsection (h), as redesignated by sub-
section (a) of this section— 
(A) by striking ‘‘subsections (c), (d), and 
(e)’’ each place the term appears and inserting 
‘‘subsection (c)’’; 
(B) in paragraph (5), by striking ‘‘(a), (c), 
and (d)’’ and inserting ‘‘(a) and (c)’’; and 
(C) in paragraph (7)(B), by striking ‘‘sub-
sections (c), (d), or (e)’’ and inserting ‘‘sub-
section (c)’’. 
(d) RESTRICTIONS ON FEDERAL EXAMINERS OF FI-
NANCIAL INSTITUTIONS.—Section 10(k) of the Federal 
Deposit Insurance Act (12 U.S.C. 1820(k)) is amended— 
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(1) in the subsection header, by striking ‘‘ONE- 
YEAR’’ and inserting ‘‘FOUR-YEAR’’; and 
(2) in paragraph (1)— 
(A) in subparagraph (B), by striking ‘‘sen-
ior’’; and 
(B) in subparagraph (C), by striking ‘‘1 
year’’ and inserting ‘‘4 years’’. 
SEC. 107. GOLDEN PARACHUTES BAN. 
(a) IN GENERAL.—Section 209 of title 18, United 
States Code, is amended— 
(1) in subsection (a)— 
(A) by striking ‘‘any salary’’ and inserting 
‘‘any bonus or salary’’; and 
(B) by striking ‘‘his services’’ and inserting 
‘‘services rendered or to be rendered’’; and 
(2) in subsection (b)— 
(A) by inserting ‘‘(1)’’ after ‘‘(b)’’; and 
(B) by adding at the end the following: 
‘‘(2)(A) In this paragraph, the term ‘compensation’ 
includes a retention award or bonus, severance pay, and 
any other payment— 
‘‘(i) linked to future service in the Federal Gov-
ernment in any way; or 
‘‘(ii) from a current or former employer unless 
the recipient demonstrates that the payment would 
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have been received if the recipient had not entered 
government service. 
‘‘(B) For purposes of paragraph (1), a pension, re-
tirement, group life, health or accident insurance, profit- 
sharing, stock bonus, or other employee welfare or benefit 
plan that makes payment of compensation contingent on 
accepting a position in the Federal Government shall not 
be considered bona fide.’’. 
(b) PERMISSIBLE
PAYMENTS.—Section 1.409A– 
3(j)(4)(iii) of title 26, Code of Federal Regulations, shall 
have no force or effect. 
SEC. 108. GENERAL PUBLIC INTEGRITY RULES. 
(a) OUTSIDE EMPLOYMENT BAN.—The limitations 
described in section 502 of the Ethics in Government Act 
of 1978 (5 U.S.C. App.) shall apply to full-time senior 
government officials. 
(b) VOLUNTEER SERVICE RULE.—All Federal laws 
or regulations relating to conflicts of interest or other eth-
ics issues (as defined in section 409 of the Ethics in Gov-
ernment Act of 1978, as added by section 511 of this Act) 
shall apply to any individual who is employed by the Fed-
eral Government and voluntarily refuses compensation for 
such employment consistent with applicable law. 
(c) SPECIAL GOVERNMENT EMPLOYEE RULE.—All 
Federal ethics rules shall apply to an individual designated 
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as a Special Government Employee to the same extent 
that they apply to regular Government employees begin-
ning on the date that is 61 days after the date on which 
the Special Government Employee commences employ-
ment during a 365-day period. 
(d) INDEBTEDNESS RULE.— 
(1) IN GENERAL.—Except as provided in para-
graph (2), no senior government official (except a 
Member of Congress, the President, and the Vice 
President) may— 
(A) in the course of official duty, meet or 
communicate with, or work on any particular 
matter that affects, any person to whom the 
senior government official owes more than 
$100,000; or 
(B) receive a loan of more than $100,000 
from any person the senior government official 
has met or communicated with, or plans to 
meet or communicate with, during the course of 
their official duty. 
(2) EXCEPTION.—Paragraph (1) shall not 
apply to— 
(A) commercial debt such as residential 
mortgages, car loans, credit card debt, student 
loans, or any debts owed to domestic financial 
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institutions on terms generally available to the 
public; or 
(B) meetings with domestic financial insti-
tutions. 
SEC. 109. LEGAL EXPENSE FUNDS. 
(a) DEFINITIONS.—In this section— 
(1) the term ‘‘legal expense fund’’ means a 
fund— 
(A) to be used to defray legal expenses in-
curred in investigative, civil, criminal, or other 
legal proceedings relating to or arising by virtue 
of service by an officer or employee as an offi-
cer or employee; 
(B) that may not be used for personal 
legal matters, including tax planning, personal 
injury litigation, protection of property rights, 
divorces, or estate probate; 
(C) that may only be used to defray legal 
expenses for a single officer or single employee; 
(D) that may be established or controlled 
by the officer or employee, or by a third party, 
in accordance with the requirements of section; 
and 
(E) that may accept contributions, in ac-
cordance with this section; 
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(2) the term ‘‘lobbying activity’’ has the mean-
ing given that term in section 3 of the Lobbying 
Disclosure Act of 1995 (2 U.S.C. 1602); 
(3) the term ‘‘officer or employee’’ means— 
(A) an officer, as defined in section 2104 
of title 5, United States Code; 
(B) an employee, as defined in section 
2105 of title 5, United States Code; 
(C) a Member of Congress, as defined in 
section 2106 of title 5, United States Code; 
(D) the Vice President; and 
(E) the President; 
(4) the term ‘‘relative’’ has the meaning given 
that term in section 3110 of title 5, United States 
Code; and 
(5) the term ‘‘supervising ethics office’’ has the 
meaning given that term in section 109 of the Eth-
ics in Government Act of 1978 (5 U.S.C. App.). 
(b) 
AUTHORIZATION
FOR
LEGAL
EXPENSE 
FUNDS.—Subject to the limitations and regulations pro-
mulgated under this section, an officer or employee may 
establish, maintain, and use a legal expense fund. 
(c) LIMITS ON CONTRIBUTIONS.—The Director of the 
Office of Public Integrity shall promulgate regulations es-
tablishing limits with respect to contributions to legal ex-
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pense funds for officers or employees, which shall, at a 
minimum, prohibit an officer or employee from accepting 
contributions for a legal expense fund— 
(1) from a single contributor (other than a rel-
ative of the officer or employee) in a total amount 
of more than $5,000 during any calendar year; 
(2) from a registered lobbyist; 
(3) from an agent of a foreign principal; 
(4) from any person seeking official action from 
or doing business with the Executive agency, office, 
or entity employing the officer or employee; 
(5) from any person conducting activities regu-
lated by the Executive agency, office, or entity em-
ploying the officer or employee; 
(6) from any person whose interests may be 
substantially affected by the performance or non-
performance of the official duties of the officer or 
employee; or 
(7) for an officer or employee of an Executive 
agency, from any person that has engaged in lob-
bying activities, or on whose behalf lobbying activi-
ties have been engaged with, with respect to the Ex-
ecutive agency during the 2-year period ending on 
the date of the contribution. 
(d) WRITTEN NOTICE.— 
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(1) IN GENERAL.—An officer or employee who 
wishes to establish, or directly or indirectly receives 
money from, a legal expense fund shall submit to the 
supervising ethics office with respect to the officer or 
employee a written notice that includes— 
(A) the name and contact information for 
any proposed trustee of the legal expense fund; 
(B) a copy of any proposed trust document 
for the legal expense fund; 
(C) the nature of the legal proceeding (or 
proceedings) which necessitate the establish-
ment of the legal expense fund; 
(D) an acknowledgment that the officer or 
employee will be bound by the regulations and 
limitation under this section; and 
(E) an acknowledgment that the officer or 
employee bears ultimate responsibility for prop-
er administration of the legal expense fund. 
(2) APPROVAL.—An officer or employee may 
not solicit or accept contributions to a legal expense 
fund until after the supervising ethics office has re-
ceived and approved the written notice submitted 
under paragraph (1). 
(e) REPORTING.— 
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(1) IN GENERAL.—An officer or employee who 
establishes, or directly or indirectly receives money 
from, a legal expense fund shall submit to the super-
vising ethics office with respect to the officer or em-
ployee a quarterly report that discloses, with respect 
to the quarter covered by the report— 
(A) the source and amount of each con-
tribution to the legal expense fund; and 
(B) the amount, recipient, and purpose of 
each expenditure from the legal expense fund. 
(2) PUBLIC
AVAILABILITY.—Each supervising 
ethics office shall make publicly available online each 
report submitted under paragraph (1) in a search-
able, sortable, and downloadable form. 
(f) RECUSAL.—An officer or employee in the execu-
tive branch, other than the President and the Vice Presi-
dent, who receives a contribution to a legal expense fund 
of the officer or employee may not participate in any mat-
ter that has or would have a direct and substantial impact 
on the person making the contribution during the 2-year 
period beginning on the date on which the contribution 
is received. 
SEC. 110. PENALTIES. 
(a) CIVIL FINES.—The Attorney General or the Di-
rector of the Office of Public Integrity may bring a civil 
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action in the appropriate United States district court 
against any person who engages in conduct constituting 
a violation of this subtitle and, upon proof of such conduct 
by a preponderance of the evidence, such person shall be 
subject to a civil penalty of not more than $50,000 for 
each violation or the amount of compensation which the 
person received or offered for the prohibited conduct, 
whichever amount is greater. The imposition of a civil pen-
alty under this subsection does not preclude any other 
criminal or civil statutory, common law, or administrative 
remedy, which is available by law to the United States or 
any other person. 
(b) ORDER PROHIBITING CONDUCT.—If the Attorney 
General or the Director of the Office of Public Integrity 
has reason to believe that a person is engaging in conduct 
constituting an offense under this subtitle, the Attorney 
General or the Director of the Office of Public Integrity, 
as applicable, may petition an appropriate United States 
district court for an order prohibiting that person from 
engaging in such conduct. The court may issue an order 
prohibiting that person from engaging in such conduct if 
the court finds that the conduct constitutes such an of-
fense. The filing of a petition under this section does not 
preclude any other remedy which is available by law to 
the United States or any other person. 
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Subtitle B—Presidential Conflicts 
of Interest 
SEC. 111. SHORT TITLE. 
This subtitle may be cited as the ‘‘Presidential Con-
flicts of Interest Act of 2018’’. 
SEC. 112. DIVESTITURE OF PERSONAL FINANCIAL INTER-
ESTS OF THE PRESIDENT AND VICE PRESI-
DENT THAT POSE A POTENTIAL CONFLICT OF 
INTEREST. 
(a) DEFINITIONS.— 
(1) IN GENERAL.—In this section— 
(A) the term ‘‘conflict-free holding’’ means 
a 
financial 
interest 
described 
in 
section 
102(f)(8) of the Ethics in Government Act of 
1978 (5 U.S.C. App.); 
(B) the term ‘‘financial interest posing a 
potential conflict of interest’’ means a financial 
interest of the President, the Vice President, 
the spouse of the President or Vice President, 
or a minor child of the President or Vice Presi-
dent, as applicable, that— 
(i) would constitute a financial inter-
est described in subsection (a) of section 
208 of title 18, United States Code— 
(I) if— 
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(aa) for purposes of such 
section 208, the terms ‘‘officer’’ 
and ‘‘employee’’ included the 
President and the Vice President; 
and 
(bb) the President or Vice 
President, as applicable, partici-
pated as described in subsection 
(a) of such section 208 in rela-
tion to such financial interest; 
and 
(II) if determined without regard 
to any exception under subsection (b) 
of such section 208; or 
(ii) may constitute a present, emolu-
ment, office, or title, of any kind whatever, 
from any king, prince, or foreign state (in-
cluding from an entity owned or controlled 
by a foreign government), within the 
meaning of article I, section 9 of the Con-
stitution of the United States; 
(C) the term ‘‘qualified blind trust’’ has 
the meaning given that term in section 
102(f)(3) of the Ethics in Government Act of 
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1978 (5 U.S.C. App.), unless otherwise speci-
fied in this subtitle; and 
(D) the term ‘‘tax return’’— 
(i) means any Federal income tax re-
turn and any amendment or supplement 
thereto, including supporting schedules, at-
tachments, or lists which are supplemental 
to, or part of, the return for the taxable 
year; and 
(ii) includes any information return 
that reports information that does or may 
affect the liability for tax for the taxable 
year. 
(2) APPLICABILITY OF ETHICS IN GOVERNMENT 
ACT
OF
1978.—For purposes of the definition of 
‘‘qualified blind trust’’ in this section, the term ‘‘su-
pervising ethics officer’’ in section 102(f)(3) of the 
Ethics in Government Act of 1978 (5 U.S.C. App.) 
means the Director of the Office of Public Integrity. 
(b) INITIAL FINANCIAL DISCLOSURE.— 
(1) SUBMISSION OF DISCLOSURE.— 
(A) IN GENERAL.—Not later than 30 days 
after assuming the office of President or Vice 
President, respectively, the President and Vice 
President shall submit to Congress and the Di-
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rector of the Office of Public Integrity a disclo-
sure of financial interests. 
(B) APPLICATION TO SITTING PRESIDENT 
AND VICE PRESIDENT.—For any individual who 
is serving as the President or Vice President on 
the date of enactment of this Act, the disclosure 
of financial interests shall be submitted to Con-
gress and the Director of the Office of Public 
Integrity not later than 30 days after the date 
of enactment of this Act. 
(2) CONTENTS.— 
(A) PRESIDENT.—The disclosure of finan-
cial interests submitted under paragraph (1) by 
the President shall— 
(i) describe in detail each financial in-
terest of the President, the spouse of the 
President, or a minor child of the Presi-
dent; 
(ii) at a minimum, include the infor-
mation relating to each such financial in-
terest that is required for reports under 
section 102 of the Ethics in Government 
Act of 1978 (5 U.S.C. App.); and 
(iii) include the tax returns filed by or 
on behalf of the President for— 
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(I) the 8 most recent taxable 
years; and 
(II) each taxable year for which 
an audit of the return by the Internal 
Revenue Service is pending on the 
date the report is filed. 
(B) VICE PRESIDENT.—The disclosure of 
financial interests submitted under paragraph 
(1) by the Vice President shall— 
(i) describe in detail each financial in-
terest of the Vice President, the spouse of 
the Vice President, or a minor child of the 
Vice President; 
(ii) at a minimum, include the infor-
mation relating to each such financial in-
terest that is required for reports under 
section 102 of the Ethics in Government 
Act of 1978 (5 U.S.C. App.); and 
(iii) include the tax returns filed by or 
on behalf of the Vice President for— 
(I) the 8 most recent taxable 
years; and 
(II) each taxable year for which 
an audit of the return by the Internal 
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Revenue Service is pending on the 
date the report is filed. 
(c) DIVESTITURE OF FINANCIAL INTERESTS POSING 
A POTENTIAL CONFLICT OF INTEREST.— 
(1) IN
GENERAL.—The President, the Vice 
President, the spouse of the President or Vice Presi-
dent, and any minor child of the President or Vice 
President shall divest of any financial interest posing 
a potential conflict of interest by transferring such 
interest to a qualified blind trust. 
(2) TRUSTEE DUTIES.—Within 180 days after 
the date a financial interest is transferred to a quali-
fied blind trust under paragraph (1), the trustee of 
the qualified blind trust shall— 
(A) sell the financial interest; and 
(B) use the proceeds of the sale of the fi-
nancial interest to purchase conflict-free hold-
ings. 
(d) REVIEW BY OFFICE OF PUBLIC INTEGRITY.— 
(1) IN GENERAL.—The Director of the Office of 
Public Integrity shall submit to Congress, the Presi-
dent, and the Vice President an annual report re-
garding the financial interests of the President, the 
Vice President, the spouse of the President or Vice 
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President, and any minor child of the President or 
Vice President. 
(2) CONTENTS.—Each report submitted under 
paragraph (1) shall— 
(A) indicate whether any financial interest 
of the President, the Vice President, the spouse 
of the President or Vice President, or a minor 
child of the President or Vice President is a fi-
nancial interest posing a potential conflict of in-
terest; 
(B) evaluate whether any previously held 
financial interest of the President, the Vice 
President, the spouse of the President or Vice 
President, or a minor child of the President or 
Vice President that was a financial interest pos-
ing a potential conflict of interest was divested 
in accordance with subsection (c); and 
(C) redact such information as the Direc-
tor of the Office of Public Integrity determines 
necessary for preventing identity theft, such as 
social security numbers or taxpayer identifica-
tion numbers. 
(e) ENFORCEMENT.— 
(1) IN GENERAL.—The Attorney General, the 
attorney general of any State, or any person ag-
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grieved by any violation of subsection (c) may seek 
declaratory or injunctive relief in a court of com-
petent jurisdiction if— 
(A) the Director of the Office of Public In-
tegrity is unable to issue a report indicating 
whether the President or the Vice President is 
in substantial compliance with subsection (c); or 
(B) there is probable cause to believe that 
the President or the Vice President has not 
complied with subsection (c). 
(2) FAIR MARKET VALUE.—In granting injunc-
tive relief to the plaintiff, the court shall take meas-
ures reasonably necessary to ensure that any divest-
ment procedure seeks to obtain a fair market value 
for any asset that is liquidated. 
SEC. 113. RECUSAL OF APPOINTEES. 
Section 208 of title 18, United States Code, as 
amended by section 103 of this Act, is amended by adding 
at the end the following: 
‘‘(g)(1) Any officer or employee appointed by the 
President shall recuse himself or herself from any par-
ticular matter involving specific parties in which a party 
to that matter is— 
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‘‘(A) the President who appointed the officer or 
employee, which shall include any entity in which the 
President has a substantial interest; or 
‘‘(B) the spouse of the President who appointed 
the officer or employee, which shall include any enti-
ty in which the spouse of the President has a sub-
stantial interest. 
‘‘(2)(A) Subject to subparagraph (B), if an officer or 
employee is recused under paragraph (1), a career ap-
pointee in the agency of the officer or employee shall per-
form the functions and duties of the officer or employee 
with respect to the matter. 
‘‘(B)(i) In this subparagraph, the term ‘Commission’ 
means a board, commission, or other agency for which the 
authority of the agency is vested in more than 1 member. 
‘‘(ii) If the recusal of a member of a Commission 
from a matter under paragraph (1) would result in there 
not being a statutorily required quorum of members of the 
Commission available to participate in the matter, not-
withstanding such statute or any other provision of law, 
the members of the Commission not recused under para-
graph (1) may— 
‘‘(I) consider the matter without regard to the 
quorum requirement under such statute; 
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‘‘(II) delegate the authorities and responsibil-
ities of the Commission with respect to the matter 
to a subcommittee of the Commission; or 
‘‘(III) designate an officer or employee of the 
Commission who was not appointed by the President 
who appointed the member of the Commission 
recused from the matter to exercise the authorities 
and duties of the recused member with respect to 
the matter. 
‘‘(3) Any officer or employee who negligently violates 
paragraph (1) shall be subject to the penalties set forth 
in section 216. 
‘‘(4) For purposes of this section, the term ‘particular 
matter’ shall have the meaning given the term in section 
207(g).’’. 
SEC. 114. CONTRACTS BY THE PRESIDENT OR VICE PRESI-
DENT. 
(a) AMENDMENT.—Section 431 of title 18, United 
States Code, is amended— 
(1) in the section heading, by inserting ‘‘the 
President, Vice President, or a’’ after 
‘‘Contracts by’’; and 
(2) in the first undesignated paragraph, by in-
serting ‘‘the President or Vice President,’’ after 
‘‘Whoever, being’’. 
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(b) TABLE OF SECTIONS AMENDMENT.—The table of 
sections for chapter 23 of title 18, United States Code, 
is amended by striking the item relating to section 431 
and inserting the following: 
‘‘431. Contracts by the President, Vice President, or a Member of Congress.’’. 
SEC. 115. PRESIDENTIAL TRANSITION ETHICS PROGRAMS. 
The Presidential Transition Act of 1963 (3 U.S.C. 
102 note) is amended— 
(1) in section 3(f) by adding at the end the fol-
lowing: 
‘‘(3) The President-elect shall submit to the Com-
mittee on Homeland Security and Governmental Affairs 
of the Senate and the Committee on Oversight and Re-
form of the House of Representatives a list of— 
‘‘(A) any individual for whom an application for 
a security clearance was submitted, not later than 
10 days after the date on which the application was 
submitted; and 
‘‘(B) any individual provided a security clear-
ance, not later than 10 days after the date on which 
the security clearance was provided.’’; 
(2) in section 4— 
(A) in subsection (a)— 
(i) in paragraph (3), by striking 
‘‘and’’ at the end; 
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(ii) by redesignating paragraph (4) as 
paragraph (5); and 
(iii) by inserting after paragraph (3) 
the following: 
‘‘(4) the term ‘nonpublic information’— 
‘‘(A) means information from the Federal 
Government that a transition member obtains 
as part of the employment of the member that 
such member knows or reasonably should know 
has not been made available to the general pub-
lic; and 
‘‘(B) includes information that a member 
of the transition team knows or reasonably 
should know— 
‘‘(i) is exempt from disclosure under 
section 552 of title 5, United States Code, 
or otherwise protected from disclosure by 
law; and 
‘‘(ii) is not authorized by the appro-
priate government agency or official to be 
released to the public; and’’; and 
(B) in subsection (g)— 
(i) in paragraph (1), by striking ‘‘No-
vember’’ and inserting ‘‘October’’; and 
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(ii) by adding at the end the fol-
lowing: 
‘‘(3) ETHICS PLAN.— 
‘‘(A) IN GENERAL.—Each memorandum of 
understanding under paragraph (1) shall in-
clude an agreement that the eligible candidate 
will implement and enforce an ethics plan to 
guide the conduct of the transition beginning on 
the date on which the eligible candidate be-
comes the President-elect. 
‘‘(B) CONTENTS.—The ethics plan shall 
include, at a minimum— 
‘‘(i) a description of the ethics re-
quirements that will apply to all members 
of the transition team, including any spe-
cific requirement for transition team mem-
bers who will have access to nonpublic or 
classified information; 
‘‘(ii) a description of how the transi-
tion team will— 
‘‘(I) address the role on the tran-
sition team of— 
‘‘(aa) 
lobbyists 
registered 
under the Lobbying Disclosure 
Act of 1995 (2 U.S.C. 1601 et 
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seq.) and individuals who were 
former lobbyists registered under 
that Act; 
‘‘(bb) 
persons 
registered 
under the Foreign Agents Reg-
istration Act (22 U.S.C. 611 et 
seq.), foreign nationals, and other 
foreign agents; and 
‘‘(cc) transition team mem-
bers with sources of income or 
clients that are not disclosed to 
the public; 
‘‘(II) prohibit a transition team 
member with conflicts of interest, in-
cluding conflicts, as described in sec-
tion 
2635.402(a) 
and 
section 
2635.502(a) of title 5, Code of Fed-
eral Regulations, related to current or 
former employment, affiliations, cli-
ents, or investments, from working on 
particular matters involving specific 
parties that affect the interests of 
such member; and 
‘‘(III) address how the covered 
eligible candidate will address their 
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own conflicts of interest during a 
Presidential term if the covered eligi-
ble candidate becomes the President- 
elect; 
‘‘(iii) a Code of Ethical Conduct, to 
which each member of the transition team 
will sign and be subject to, that reflects 
the content of the ethics plans under this 
paragraph and at a minimum requires 
transition team members to— 
‘‘(I) 
seek 
authorization 
from 
transition team leaders or their des-
ignees before seeking, on behalf of the 
transition, access to any nonpublic in-
formation; 
‘‘(II) keep confidential any non-
public information provided in the 
course of the duties of the member 
with the transition and exclusively use 
such information for the purposes of 
the transition; and 
‘‘(III) not use any nonpublic in-
formation provided in the course of 
transition duties, in any manner, for 
personal or private gain for the mem-
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ber or any other party at any time 
during or after the transition; and 
‘‘(iv) a description of how the transi-
tion team will enforce the Code of Ethical 
Conduct, including the names of the mem-
bers of the transition team responsible for 
enforcement, oversight, and compliance. 
‘‘(C) PUBLICLY AVAILABLE.—The transi-
tion team shall make the ethics plan described 
in this paragraph publicly available on the 
internet website of the General Services Admin-
istration the earlier of— 
‘‘(i) the day on which the memo-
randum of understanding is completed; or 
‘‘(ii) October 1.’’; and 
(3) in section 6(b)— 
(A) in paragraph (1)— 
(i) in subparagraph (A), by striking 
‘‘and’’ at the end; 
(ii) in subparagraph (B), by striking 
the period at the end and inserting a semi-
colon; and 
(iii) by adding at the end the fol-
lowing: 
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(B) in paragraph (2), by inserting ‘‘not 
later than 2 business days’’ after ‘‘public’’; and 
(C) by adding at the end the following: 
‘‘(3) The head of a Federal department or 
agency, or their designee, shall not permit access to 
the agency or employees of the agency that would 
not be provided to a member of the public for any 
transition team member who does not make the dis-
closures listed under paragraph (1).’’. 
SEC. 116. CRIMINALITY OF THE PRESIDENT OR OTHER SEN-
IOR GOVERNMENT OFFICIALS. 
Section 2 of title 18, United States Code, is amended 
by inserting ‘‘, including the President, the Vice President, 
a Member of Congress, an Associate Justice of the Su-
preme Court of the United States, the Chief Justice of 
the United States, and any other officer of the United 
States,’’ after ‘‘Whoever’’ each place it appears. 
SEC. 117. PRESIDENTIAL OBSTRUCTION OF JUSTICE. 
(a) IN GENERAL.—Chapter 73 of title 18, United 
States Code, is amended by adding at the end the fol-
lowing: 
‘‘§ 1522. Applicability to all officers, including the 
President and Vice President 
‘‘This chapter shall apply to all officers of the United 
States, including the President, the Vice President, a 
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Member of Congress, an Associate Justice of the Supreme 
Court of the United States, and the Chief Justice of the 
United States.’’. 
(b) CONFORMING AMENDMENT.—The table of sec-
tions for chapter 73 of title 18, United States Code, is 
amended by adding at the end the following: 
‘‘1522. Applicability to all officers, including the President and Vice President.’’. 
SEC. 118. SENSE OF CONGRESS REGARDING VIOLATIONS. 
It is the sense of Congress that a violation of section 
112 of this Act or the Ethics in Government Act of 1978 
(5 U.S.C. App.) by the President or the Vice President 
would constitute a high crime or misdemeanor under arti-
cle II, section 4 of the Constitution of the United States. 
SEC. 119. RULE OF CONSTRUCTION. 
Nothing in this subtitle or an amendment made by 
this subtitle shall be construed to violate the Constitution 
of the United States. 
SEC. 120. SEVERABILITY. 
If any provision of this subtitle or any amendment 
made by this subtitle, or any application of such provision 
or amendment to any person or circumstance, is held to 
be unconstitutional, the remainder of the provisions of this 
subtitle and the amendments made by this subtitle, and 
the application of the provision or amendment to any other 
person or circumstance, shall not be affected. 
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Subtitle C—Strengthening 
Criminal Anti-Corruption Laws 
SEC. 121. BRIBERY OF PUBLIC OFFICIALS AND WITNESSES. 
(a) DEFINITION.—Section 201(a) of title 18, United 
States Code, is amended— 
(1) in paragraph (2), by striking ‘‘and’’ at the 
end; 
(2) by striking paragraph (3) and inserting the 
following: 
‘‘(3) the term ‘official act’— 
‘‘(A) means any decision or action on, or 
personal and substantial participation through 
acts, including approval, disapproval, rec-
ommendation, rendering of advice on, or inves-
tigation of any question, matter, cause, suit, 
proceeding or controversy, that may at any time 
be pending, or which may by law be brought be-
fore any public official, in such official’s capac-
ity, or in such official’s place of trust or profit; 
and 
‘‘(B) includes— 
‘‘(i) advancing or advocating for an 
application to obtain a contract with the 
Government; 
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‘‘(ii) aiding or impeding the progress 
or passage of legislation; 
‘‘(iii) providing access to any public 
official by arranging a meeting, event, tele-
phone call, or other communication with 
the intent that such access influence the 
public official in an official act; and 
‘‘(iv) a single act, more than 1 act, or 
a course of conduct’’; 
(3) by adding at the end the following: 
‘‘(4) the term ‘rule or regulation’ means a Fed-
eral regulation or a rule of the House of Representa-
tives or the Senate, including rules and regulations 
governing the acceptance of gifts and campaign con-
tributions.’’. 
(b) CLARIFICATION.—Section 201(c) of title 18, 
United States Code, is amended by striking paragraph (1) 
and inserting the following: 
‘‘(1) otherwise than as provided by law for the 
proper discharge of official duty, or by rule or regu-
lation— 
‘‘(A) directly or indirectly gives, offers, or 
promises any thing or things of value to any 
public official, former public official, or person 
selected to be a public official, for or because of 
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any official act performed or to be performed by 
such public official, former public official, or 
person selected to be a public official; 
‘‘(B) directly or indirectly knowingly gives, 
offers, or promises any thing or things of value 
with an aggregate value of not less than $1,000 
to any public official, former public official, or 
person selected to be a public official for or be-
cause of the official’s or person’s official posi-
tion; 
‘‘(C) being a public official, former public 
official, or person selected to be a public offi-
cial, directly or indirectly, knowingly demands, 
seeks, receives, accepts, or agrees to receive or 
accept any thing or things of value with an ag-
gregate value of not less than $1,000 for or be-
cause of the official’s or person’s official posi-
tion; or 
‘‘(D) being a public official, former public 
official, or person selected to be a public offi-
cial, directly or indirectly demands, seeks, re-
ceives, accepts, or agrees to receive or accept 
any thing or things of value for or because of 
any official act performed or to be performed by 
such official or person;’’. 
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SEC. 122. PROHIBITION ON UNDISCLOSED SELF-DEALING 
BY PUBLIC OFFICIALS. 
(a) IN GENERAL.—Section 1346 of title 18, United 
States Code, is amended— 
(1) by striking ‘‘, the’’ and all that follows 
through the end and inserting and inserting ‘‘: 
‘‘(1) MATERIAL INFORMATION.—The term ‘ma-
terial information’ means information— 
‘‘(A) regarding a financial interest of a 
person described in clauses (i) through (iv) of 
paragraph (5)(A); and 
‘‘(B) regarding the association, connection, 
or dealings by a public official with an indi-
vidual, business, or organization described in 
clauses (iii) through (vi) of paragraph (5)(A). 
‘‘(2) OFFICIAL ACT.—The term ‘official act’ has 
the meaning given the term in section 201(a). 
‘‘(3) PUBLIC OFFICIAL.—The term ‘public offi-
cial’ means an officer, employee, or elected or ap-
pointed representative, or person acting for or on be-
half of the United States, a State, or a subdivision 
of a State, or any department, agency, or branch of 
government thereof, in any official function, under 
or by authority of any such department, agency, or 
branch of government. 
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‘‘(4) STATE.—The term ‘State’ includes a State 
of the United States, the District of Columbia, and 
any commonwealth, territory, or possession of the 
United States. 
‘‘(5) UNDISCLOSED SELF-DEALING.—The term 
‘undisclosed self-dealing’ means— 
‘‘(A) an official act by a public official for 
the purpose, in whole or in material part, of 
furthering or benefitting a financial interest, of 
which the public official has knowledge, of— 
‘‘(i) the public official; 
‘‘(ii) the spouse or minor child of a 
public official; 
‘‘(iii) a general business partner of the 
public official; 
‘‘(iv) a business or organization in 
which the public official is serving as an 
employee, officer, director, trustee, or gen-
eral partner; 
‘‘(v) an individual, business, or orga-
nization with whom the public official is 
negotiating for, or has any arrangement 
concerning, prospective employment or fi-
nancial compensation; or 
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‘‘(vi) an individual, business, or orga-
nization from whom the public official has 
received any thing or things of value, oth-
erwise than as provided by law for the 
proper discharge of official duty, or by rule 
or regulation; 
‘‘(B) the knowing falsification, conceal-
ment, or covering up of material information by 
a public official that is required to be disclosed 
by any Federal, State, or local statute, rule, 
regulation, or charter applicable to the public 
official; or 
‘‘(C) the knowing failure of a public official 
to disclose material information in a manner 
that is required by any Federal, State, or local 
statute, rule, regulation, or charter applicable to 
the public official. 
‘‘(6) SCHEME OR ARTIFICE TO DEFRAUD.—The 
term ‘scheme or artifice to defraud’ includes— 
‘‘(A) a scheme or artifice to deprive an-
other of the intangible right of honest services; 
and 
‘‘(B) a scheme or artifice by a public offi-
cial to engage in undisclosed self-dealing.’’. 
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(b) APPLICABILITY.—The amendments made by this 
section shall apply to any act on or after the date of the 
enactment of this Act. 
Subtitle D—Requiring Financial 
Disclosures Before Taking Office 
SEC. 131. PROHIBITION ON TAKING OFFICE UNTIL FINAN-
CIAL DISCLOSURES ARE FILED. 
Section 104 of the Ethics in Government Act of 1978 
(5 U.S.C. App.) is amended by adding at the end the fol-
lowing: 
‘‘(e) A Member of Congress may not assume office 
for the term after the date on which the Member of Con-
gress is elected unless the Member of Congress files or 
reports all the information that the Member of Congress 
is required to report under section 102.’’. 
Subtitle E—Strengthening 
Inauguration Fund Rules 
SEC. 141. STRENGTHENING INAUGURATION FUND RULES. 
(a) REQUIREMENTS
FOR
INAUGURAL
COMMIT-
TEES.—Title III of the Federal Election Campaign Act 
of 1971 (52 U.S.C. 30101 et seq.) is amended by adding 
at the end the following new section: 
‘‘SEC. 325. INAUGURAL COMMITTEES. 
‘‘(a) PROHIBITED DONATIONS.— 
‘‘(1) IN GENERAL.—It shall be unlawful— 
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‘‘(A) for an Inaugural Committee— 
‘‘(i) to solicit, accept, or receive a do-
nation from a person that— 
‘‘(I) is not an individual; 
‘‘(II) is a registered lobbyist; or 
‘‘(III) is a Federal contractor; or 
‘‘(ii) to solicit, accept, or receive a do-
nation from a foreign national; 
‘‘(B) for a person— 
‘‘(i) to make a donation to an Inau-
gural Committee in the name of another 
person, or to knowingly authorize his or 
her name to be used to effect such a dona-
tion; 
‘‘(ii) to knowingly accept a donation 
to an Inaugural Committee made by a per-
son in the name of another person; or 
‘‘(iii) to convert a donation to an In-
augural Committee to personal use as de-
scribed in paragraph (2); 
‘‘(C) for a foreign national to, directly or 
indirectly, make a donation, or make an express 
or implied promise to make a donation, to an 
Inaugural Committee; 
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‘‘(D) for a registered lobbyist to, directly 
or indirectly, make a donation, or make an ex-
press or implied promise to make a donation, to 
an Inaugural Committee; and 
‘‘(E) for a Federal contractor to, directly 
or indirectly, make a donation, or make an ex-
press or implied promise to make a donation, to 
an Inaugural Committee. 
‘‘(2) CONVERSION OF DONATION TO PERSONAL 
USE.—For purposes of paragraph (1)(B)(iii), a do-
nation shall be considered to be converted to per-
sonal use if any part of the donated amount is used 
to fulfill a commitment, obligation, or expense of a 
person that would exist irrespective of the respon-
sibilities of the Inaugural Committee under chapter 
5 of title 36, United States Code. 
‘‘(3) NO EFFECT ON DISBURSEMENT OF UN-
USED
FUNDS
TO
NONPROFIT
ORGANIZATIONS.— 
Nothing in this subsection may be construed to pro-
hibit an Inaugural Committee from disbursing un-
used funds to an organization which is described in 
section 501(c)(3) of the Internal Revenue Code of 
1986 and is exempt from taxation under section 
501(a) of such Code. 
‘‘(b) LIMITATION ON DONATIONS.— 
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‘‘(1) IN GENERAL.—It shall be unlawful for an 
individual to make donations to an Inaugural Com-
mittee which, in the aggregate, exceed $10,000. 
‘‘(2) INDEXING.—At the beginning of each 
Presidential election year (beginning with 2024), the 
amount described in paragraph (1) shall be in-
creased by the cumulative percent difference deter-
mined in section 315(c)(1)(A) since the previous 
Presidential election year. If any amount after such 
increase is not a multiple of $1,000, such amount 
shall be rounded to the nearest multiple of $1,000. 
‘‘(c) DISCLOSURE OF CERTAIN DONATIONS AND DIS-
BURSEMENTS.— 
‘‘(1) DONATIONS OVER $1,000.— 
‘‘(A) IN
GENERAL.—An Inaugural Com-
mittee shall file with the Commission a report 
disclosing any donation by an individual to the 
committee in an amount of $1,000 or more not 
later than 24 hours after the receipt of such do-
nation. 
‘‘(B) CONTENTS
OF
REPORT.—A report 
filed under subparagraph (A) shall contain— 
‘‘(i) the amount of the donation; 
‘‘(ii) the date the donation is received; 
and 
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‘‘(iii) the name and address of the in-
dividual making the donation. 
‘‘(2) FINAL REPORT.—Not later than the date 
that is 90 days after the date of the Presidential in-
augural ceremony, the Inaugural Committee shall 
file with the Commission a report containing the fol-
lowing information: 
‘‘(A) For each donation of money or any-
thing of value made to the committee in an ag-
gregate amount equal to or greater than 
$200— 
‘‘(i) the amount of the donation; 
‘‘(ii) the date the donation is received; 
and 
‘‘(iii) the name and address of the in-
dividual making the donation. 
‘‘(B) The total amount of all disburse-
ments, and all disbursements in the following 
categories: 
‘‘(i) Disbursements made to meet 
committee operating expenses. 
‘‘(ii) Repayment of all loans. 
‘‘(iii) Donation refunds and other off-
sets to donations. 
‘‘(iv) Any other disbursements. 
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‘‘(C) The name and address of each per-
son— 
‘‘(i) to whom a disbursement in an ag-
gregate amount or value in excess of $200 
is made by the committee to meet a com-
mittee operating expense, together with 
date, amount, and purpose of such oper-
ating expense; 
‘‘(ii) who receives a loan repayment 
from the committee, together with the date 
and amount of such loan repayment; 
‘‘(iii) who receives a donation refund 
or other offset to donations from the com-
mittee, together with the date and amount 
of such disbursement; and 
‘‘(iv) to whom any other disbursement 
in an aggregate amount or value in excess 
of $200 is made by the committee, to-
gether with the date and amount of such 
disbursement. 
‘‘(d) DEFINITIONS.—For purposes of this section: 
‘‘(1)(A) The term ‘donation’ includes— 
‘‘(i) any gift, subscription, loan, advance, 
or deposit of money or anything of value made 
by any person to the committee; or 
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‘‘(ii) the payment by any person of com-
pensation for the personal services of another 
person which are rendered to the committee 
without charge for any purpose. 
‘‘(B) The term ‘donation’ does not include the 
value of services provided without compensation by 
any individual who volunteers on behalf of the com-
mittee. 
‘‘(2) The term ‘foreign national’ has the mean-
ing given that term by section 319(b). 
‘‘(3) The term ‘Inaugural Committee’ has the 
meaning given that term by section 501 of title 36, 
United States Code. 
‘‘(4) The term ‘registered lobbyist’ means a lob-
byist, as defined in section 3 of the Lobbying Disclo-
sure Act of 1995 (2 U.S.C. 1602), that is registered 
or required to register under section 4(a) of that Act 
(2 U.S.C. 1603(a))’’. 
(b) CONFIRMING AMENDMENT RELATED
TO RE-
PORTING REQUIREMENTS.—Section 304 of the Federal 
Election Campaign Act of 1971 (52 U.S.C. 30104) is 
amended— 
(1) by striking subsection (h); and 
(2) by redesignating subsection (i) as subsection 
(h). 
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(c) CONFORMING AMENDMENT RELATED TO STATUS 
OF COMMITTEE.—Section 510 of title 36, United States 
Code, is amended to read as follows: 
‘‘SEC. 510. DISCLOSURE OF AND PROHIBITION ON CERTAIN 
DONATIONS. 
‘‘A committee shall not be considered to be the Inau-
gural Committee for purposes of this chapter unless the 
committee agrees to, and meets, the requirements of sec-
tion 325 of the Federal Election Campaign Act of 1971.’’. 
(d) EFFECTIVE DATE.—The amendments made by 
this subtitle shall apply with respect to Inaugural Commit-
tees established under chapter 5 of title 36, United States 
Code, for inaugurations held in 2021 and any succeeding 
year. 
Subtitle F—Political Intelligence 
Transparency 
SEC. 151. DISCLOSURE OF POLITICAL INTELLIGENCE AC-
TIVITIES 
UNDER 
LOBBYING 
DISCLOSURE 
ACT. 
(a) DEFINITIONS.—Section 3 of the Lobbying Disclo-
sure Act of 1995 (2 U.S.C. 1602) is amended— 
(1) in paragraph (2)— 
(A) by inserting after ‘‘lobbying activities’’ 
each place that term appears the following: ‘‘or 
political intelligence activities’’; and 
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(B) by inserting after ‘‘lobbyists’’ the fol-
lowing: ‘‘or political intelligence consultants’’; 
(2) by redesignating paragraph (16) as para-
graph (25); 
(3) by redesignating paragraph (15) as para-
graph (22); 
(4) by redesignating paragraphs (4) through 
(14) as paragraphs (7) through (17), respectively; 
(5) by redesignating paragraph (3) as para-
graph (5); 
(6) by inserting after paragraph (2) the fol-
lowing: 
‘‘(3) COMMODITY.—The term ‘commodity’ has 
the meaning given such term in section 1a(9) of the 
Commodity Exchange Act (7 U.S.C. 1a(9)).’’; 
(7) by inserting after paragraph (17), as so re-
designated, the following: 
‘‘(18) POLITICAL INTELLIGENCE ACTIVITIES.— 
The term ‘political intelligence activities’ means po-
litical intelligence contacts and efforts in support of 
such contacts, including preparation and planning 
activities, research, and other background work that 
is intended, at the time it is performed, for use in 
contacts, and coordination with such contacts and 
efforts of others. 
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‘‘(19) POLITICAL
INTELLIGENCE
CONSULT-
ANT.—The term ‘political intelligence consultant’ 
means any individual who is employed or retained by 
a client for financial or other compensation for serv-
ices that include one or more political intelligence 
contacts, including an individual who provides bro-
kerage and research services under section 28(e) of 
the Securities Exchange Act of 1934 (15 U.S.C. 
78bb(e)). 
‘‘(20) POLITICAL INTELLIGENCE CONTACT.— 
‘‘(A) DEFINITION.—The term ‘political in-
telligence contact’ means any oral or written 
communication (including an electronic commu-
nication)— 
‘‘(i) to a covered executive branch offi-
cial or a covered legislative branch official; 
‘‘(ii) the information derived from 
which is for use in— 
‘‘(I) analyzing the markets for 
securities, commodities for future de-
livery, swaps, or security-based swaps; 
or 
‘‘(II) informing investment deci-
sions in any such market; and 
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‘‘(iii) which is made on behalf of a cli-
ent with regard to— 
‘‘(I) the formulation, modifica-
tion, or adoption of Federal legislation 
(including legislative proposals); 
‘‘(II) the formulation, modifica-
tion, or adoption of a Federal rule, 
regulation, Executive order, or any 
other program, policy, or position of 
the United States Government; 
‘‘(III) the administration or exe-
cution of a Federal program or policy 
(including the negotiation, award, or 
administration of a Federal contract, 
grant, loan, permit, or license); or 
‘‘(IV) the nomination or con-
firmation of a person for a position 
subject to confirmation by the Senate. 
‘‘(B) EXCEPTION.—The term ‘political in-
telligence contact’ does not include a commu-
nication that is— 
‘‘(i) made by a representative of a 
media organization if the purpose of the 
communication is gathering and dissemi-
nating news and information to the public; 
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‘‘(ii) made in a speech, article, publi-
cation or other material that is distributed 
and made available to the public, or 
through radio, television, cable television, 
or other medium of mass communication; 
‘‘(iii) made on behalf of a government 
of a foreign country or a foreign political 
party and disclosed under the Foreign 
Agents Registration Act of 1938, as 
amended (22 U.S.C. 611 et seq.); 
‘‘(iv) a request for a meeting, a re-
quest for the status of an action, or any 
other similar administrative request, if the 
request does not include an attempt to in-
fluence a covered executive branch official 
or a covered legislative branch official; 
‘‘(v) made in the course of participa-
tion in an advisory committee subject to 
the Federal Advisory Committee Act (5 
U.S.C. App.); 
‘‘(vi) testimony given before a com-
mittee, subcommittee, or task force of ei-
ther House of Congress or the Congress, 
or submitted for inclusion in the public 
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record of a hearing conducted by such 
committee, subcommittee, or task force; 
‘‘(vii) information provided in writing 
in response to an oral or written request 
by a covered executive branch official or a 
covered legislative branch official for spe-
cific information; 
‘‘(viii) required by subpoena, civil in-
vestigative demand, or otherwise compelled 
by statute, regulation, or other action of 
the Congress or an agency, including any 
communication compelled by a Federal 
contract, grant, loan, permit, or license; 
‘‘(ix) made in response to a notice in 
the Federal Register, Commerce Business 
Daily, or other similar publication solic-
iting communications from the public and 
directed to the agency official specifically 
designated in the notice to receive such 
communications; 
‘‘(x) not possible to report without 
disclosing information, the unauthorized 
disclosure of which is prohibited by law; 
‘‘(xi) made to an official in an agency 
with regard to— 
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‘‘(I) a judicial proceeding or a 
criminal or civil law enforcement in-
quiry, investigation, or proceeding; or 
‘‘(II) a filing or proceeding that 
the Government is specifically re-
quired by statute or regulation to 
maintain or conduct on a confidential 
basis, if that agency is charged with 
responsibility for such proceeding, in-
quiry, investigation, or filing; 
‘‘(xii) made in compliance with writ-
ten agency procedures regarding an adju-
dication conducted by the agency under 
section 554 of title 5, United States Code, 
or substantially similar provisions; 
‘‘(xiii) a written comment filed in the 
course of a public proceeding or any other 
communication that is made on the record 
in a public proceeding; 
‘‘(xiv) a petition for agency action 
made in writing and required to be a mat-
ter of public record pursuant to established 
agency procedures; 
‘‘(xv) made on behalf of an individual 
with regard to that individual’s benefits, 
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100 
employment, or other personal matters in-
volving only that individual, except that 
this clause does not apply to any commu-
nication with a covered legislative branch 
official (other than the individual’s elected 
Members of Congress or employees who 
work under such Members’ direct super-
vision), with respect to the formulation, 
modification, or adoption of private legisla-
tion for the relief of that individual; 
‘‘(xvi) a disclosure by an individual 
that is protected under paragraphs (8) and 
(9) of section 2302 of title 5, United 
States Code (or another comparable Fed-
eral statute), under the Inspector General 
Act of 1978 (5 U.S.C. App.), or under an-
other provision of law; 
‘‘(xvii) made by— 
‘‘(I) a church, its integrated aux-
iliary, or a convention or association 
of churches that is exempt from filing 
a Federal income tax return under 
paragraph 
(2)(A)(i) 
of 
section 
6033(a) of the Internal Revenue Code 
of 1986; or 
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101 
‘‘(II) a religious order that is ex-
empt from filing a Federal income tax 
return under paragraph (2)(A)(iii) of 
such section 6033(a); or 
‘‘(xviii)(I) between— 
‘‘(aa) officials of a self-regulatory 
organization (as defined in section 
3(a)(26) of the Securities Exchange 
Act of 1934 (15 U.S.C. 78c(a)(26))) 
that is registered with or established 
by the Securities and Exchange Com-
mission as required by that Act or a 
similar organization that is designated 
by or registered with the Commodities 
Future Trading Commission as pro-
vided under the Commodity Exchange 
Act (7 U.S.C. 1 et seq.); and 
‘‘(bb) the Securities and Ex-
change Commission or the Commod-
ities Future Trading Commission, re-
spectively; and 
‘‘(II) relating to the regulatory re-
sponsibilities of such organization under 
that Act. 
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102 
‘‘(21) POLITICAL
INTELLIGENCE
FIRM.—The 
term ‘political intelligence firm’ means a person or 
entity that has one or more employees who are polit-
ical intelligence consultants to a client other than 
that person or entity.’’; 
(8) by inserting after paragraph (22), as so re-
designated, the following: 
‘‘(23) SECURITY.—The term ‘security’ has the 
meaning given such term in section 3(a)(10) of the 
Securities Exchange Act of 1934 (15 U.S.C. 
78c(a)(10)). 
‘‘(24) SECURITY-BASED SWAP.—The term ‘se-
curity-based swap’ has the meaning given such term 
in section 3(a)(68) of the Securities Exchange Act 
of 1934 (15 U.S.C. 78c(a)(68)).’’; and 
(9) by adding at the end the following: 
‘‘(26) SWAP.—The term ‘swap’ has the mean-
ing given such term in section 1a(47) of the Com-
modity Exchange Act (7 U.S.C. 1a(47)).’’. 
(b) REGISTRATION REQUIREMENT.—Section 4 of the 
Lobbying Disclosure Act of 1995 (2 U.S.C. 1603) is 
amended— 
(1) in the section heading, by inserting ‘‘AND 
POLITICAL INTELLIGENCE CONSULTANTS’’ after 
‘‘LOBBYISTS’’; 
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103 
(2) in subsection (a)— 
(A) by amending paragraph (1) to read as 
follows: 
‘‘(1) GENERAL RULE.—A lobbyist or a political 
intelligence consultant (or, as provided under para-
graph (2), the organization employing such lobbyist 
or consultant), shall register with the Director of the 
Office of Public Integrity— 
‘‘(A) no later than 30 days after— 
‘‘(i) is first employed or retained to 
engage in lobbying activities on behalf of a 
client or first engages in lobbying activi-
ties, whichever is earlier; or 
‘‘(ii) the political intelligence consult-
ant first makes a political intelligence con-
tact or is employed or retained to make a 
political intelligence contact, whichever is 
earlier; or 
‘‘(B) on the first business day after such 
30th day if the 30th day is not a business 
day.’’; 
(B) in paragraph (2), by inserting after 
‘‘lobbyists’’ each place that term appears the 
following: ‘‘or political intelligence consultants’’; 
and 
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104 
(C) in paragraph (3)(A)— 
(i) in clause (i)— 
(I) by inserting after ‘‘lobbying 
activities’’ the following: ‘‘and political 
intelligence activities’’; and 
(II) by inserting after ‘‘lobbying 
firm’’ the following: ‘‘or political intel-
ligence firm’’; and 
(ii) in clause (ii)— 
(I) by inserting after ‘‘lobbying 
activities’’ the first place it appears 
the following: ‘‘and political intel-
ligence activities’’; and 
(II) by inserting after ‘‘lobbying 
activities’’ the second place it appears 
the following: ‘‘or political intelligence 
activities’’; 
(3) in subsection (b)— 
(A) in paragraph (3), by inserting after 
‘‘lobbying activities’’ each place that term ap-
pears the following: ‘‘or political intelligence ac-
tivities’’; 
(B) in paragraph (5), by inserting after 
‘‘lobbying activities’’ each place that term ap-
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105 
pears the following: ‘‘or political intelligence ac-
tivities’’; 
(C) in the matter following paragraph (6), 
by inserting ‘‘or political intelligence activities’’ 
after ‘‘such lobbying activities’’; 
(D) in paragraph (7), by inserting ‘‘or po-
litical intelligence consultant’’ after ‘‘lobbyist’’; 
(E) in the matter following paragraph (7), 
by adding ‘‘Any threshold dollar amount or per-
centage described in this subsection relates to 
the sum of the income, contributions, or percent 
equitable ownership related to lobbying activi-
ties and the income, contributions, or percent 
equitable ownership related to political intel-
ligence activities.’’ at the end; and 
(4) in subsection (d), by inserting after ‘‘lob-
bying activities’’ each place that term appears the 
following: ‘‘or political intelligence activities’’. 
(c) REPORTS
BY REGISTERED POLITICAL INTEL-
LIGENCE CONSULTANTS.—Section 5 of the Lobbying Dis-
closure Act of 1995 (2 U.S.C. 1604) is amended— 
(1) in the section heading, by inserting ‘‘AND 
POLITICAL INTELLIGENCE CONSULTANTS’’ after 
‘‘LOBBYISTS’’; 
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106 
(2) in subsection (a), by inserting after ‘‘lob-
bying activities’’ the following: ‘‘and political intel-
ligence activities’’; 
(3) in subsection (b)— 
(A) in paragraph (2)— 
(i) in the matter preceding subpara-
graph (A), by inserting after ‘‘lobbying ac-
tivities’’ the following: ‘‘or political intel-
ligence activities’’; 
(ii) in subparagraph (A)— 
(I) by inserting after ‘‘lobbyist’’ 
the following: ‘‘or political intelligence 
consultant’’; and 
(II) by inserting after ‘‘lobbying 
activities’’ the following: ‘‘or political 
intelligence activities’’; 
(iii) in subparagraph (B), by inserting 
after ‘‘lobbyists’’ the following: ‘‘or political 
intelligence consultants’’; and 
(iv) in subparagraph (C), by inserting 
after ‘‘lobbyists’’ the following: ‘‘or political 
intelligence consultants’’; 
(B) in paragraph (3)— 
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110 
(A) by inserting ‘‘political intelligence 
firms, political intelligence consultants,’’ after 
‘‘lobbying firms’’; and 
(B) by striking ‘‘lobbying registrations’’ 
and inserting ‘‘registrations’’; 
(2) in subsection (b)(1)(A), by inserting ‘‘polit-
ical intelligence firms, political intelligence consult-
ants,’’ after ‘‘lobbying firms’’; and 
(3) in subsection (c), by inserting ‘‘or political 
intelligence consultant’’ after ‘‘a lobbyist’’. 
SEC. 152. EFFECTIVE DATE. 
The amendments made by this subtitle shall apply 
with respect to any political intelligence contact (as de-
fined in section 3 of the Lobbying Disclosure Act of 1995 
(2 U.S.C. 1602), as amended by this subtitle) that is made 
on or after the date that is 1 year after the date of the 
enactment of this Act. 
TITLE II—LOBBYING REFORM 
SEC. 201. ENFORCEMENT BY THE OFFICE OF PUBLIC IN-
TEGRITY. 
The Lobbying Disclosure Act of 1995 (2 U.S.C. 1601 
et seq.) is amended— 
(1) in section 4(d) (2 U.S.C. 1603(d)), in the 
flush text following paragraph (2), by striking ‘‘Sec-
retary of the Senate and the Clerk of the House of 
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111 
Representatives’’ and inserting ‘‘Director of the Of-
fice of Public Integrity’’; 
(2) in section 5 (2 U.S.C. 1604)— 
(A) in subsection (a), by striking ‘‘Sec-
retary of the Senate and the Clerk of the House 
of Representatives’’ and inserting ‘‘Director of 
the Office of Public Integrity’’; 
(B) in subsection (d)(1), in the matter pre-
ceding subparagraph (A), by striking ‘‘Sec-
retary of the Senate and the Clerk of the House 
of Representatives’’ and inserting ‘‘Director of 
the Office of Public Integrity’’; and 
(C) in subsection (e)— 
(i) by striking ‘‘Secretary of the Sen-
ate or the Clerk of the House of Rep-
resentatives’’ and inserting ‘‘Director of 
the Office of Public Integrity’’; and 
(ii) by striking ‘‘Secretary of the Sen-
ate and the Clerk of the House of Rep-
resentatives’’ and inserting ‘‘Director of 
the Office of Public Integrity’’; 
(3) in section 6(a) (2 U.S.C. 1605(a)), in the 
matter preceding paragraph (1), by striking ‘‘Sec-
retary of the Senate and the Clerk of the House of 
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112 
Representatives’’ and inserting ‘‘Director of the Of-
fice of Public Integrity’’; 
(4) in section 7(a)(1) (2 U.S.C. 1606(a)(1)), by 
striking ‘‘Secretary of the Senate or the Clerk of the 
House of Representatives’’ and inserting ‘‘Director 
of the Office of Public Integrity’’; and 
(5) in section 8(c) (2 U.S.C. 1607(c)), by strik-
ing ‘‘Secretary of the Senate or the Clerk of the 
House of Representatives’’ and inserting ‘‘Director 
of the Office of Public Integrity’’. 
SEC. 202. DEFINITIONS. 
Section 3 of the Lobbying Disclosure Act of 1995 (2 
U.S.C. 1602) is amended— 
(1) by inserting after paragraph (3), as added 
by section 151(a) of this Act, the following: 
‘‘(4) CORPORATE
LOBBYIST.—The term ‘cor-
porate lobbyist’ means a lobbyist that, for financial 
or other compensation for services that include lob-
bying activities, is employed or retained by a client 
that is— 
‘‘(A) a covered for-profit entity; or 
‘‘(B) 
an 
entity 
described 
in 
section 
501(c)(6) of the Internal Revenue Code of 1986 
of which 1 or more members are covered for- 
profit entities.’’; 
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113 
(2) by inserting after paragraph (5), as so re-
designated by section 151(a) of this Act, the fol-
lowing: 
‘‘(6) COVERED FOR-PROFIT ENTITY.—The term 
‘covered for-profit entity’— 
‘‘(A) means— 
‘‘(i) a corporation, limited liability 
company, or other entity that is created by 
the filing of a public document with a sec-
retary of state of a State or similar office; 
‘‘(ii) a general partnership; or 
‘‘(iii) any similar entity formed under 
the laws of a foreign jurisdiction; and 
‘‘(B) does not include— 
‘‘(i) an entity described in paragraph 
(3), (4), or (5) of section 501(c) of the In-
ternal Revenue Code of 1986; 
‘‘(ii) a political organization, as de-
fined in section 527 of such Code, that is 
exempt from taxation under that section.’’; 
(3) in paragraph (11), as so redesignated by 
section 151(a) of this Act, by inserting ‘‘provision of 
strategic advice, and’’ after ‘‘planning activities,’’; 
(4) in paragraph (10)(B), as so redesignated by 
section 151(a) of this Act— 
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114 
(A) by striking clause (v); and 
(B) by redesignating clauses (vi) through 
(xix) as clauses (v) through (xviii), respectively; 
and 
(5) by striking paragraph (13), as so redesig-
nated by section 151(a) of this Act, and inserting 
the following: 
‘‘(13) LOBBYIST.—The term ‘lobbyist’— 
‘‘(A) means an individual who is employed 
or retained by a client for financial or other 
compensation— 
‘‘(i) for services that include making 1 
or more lobbying contacts; or 
‘‘(ii) to engage in lobbying activities 
that do not include making lobbying con-
tacts; and 
‘‘(B) includes a corporate lobbyist.’’. 
SEC. 203. REGISTRATION OF LOBBYISTS. 
Section 4 of the Lobbying Disclosure Act of 1995 (2 
U.S.C. 1603) is amended— 
(1) in subsection (a)(3)— 
(A) in subparagraph (A)— 
(i) by redesignating clauses (i) and 
(ii) as subclauses (I) and (II), respectively, 
and adjusting the margins accordingly; 
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115 
(ii) in the matter preceding subclause 
(I), as so redesignated, by striking ‘‘entity 
whose—’’ and inserting the following: ‘‘en-
tity— 
‘‘(i) of which the—’’; 
(iii) in clause (i), as so designated— 
(I) in subclause (I), as so redes-
ignated, by inserting ‘‘, as estimated 
under section 5’’ after ‘‘$2,500’’; and 
(II) in subclause (II), as so re-
designated, by inserting ‘‘as estimated 
under section 5; or’’ after ‘‘$10,000,’’; 
(iv) by inserting after clause (i)(II), 
as so designated, the following: 
‘‘(ii) that engages in lobbying activi-
ties for less than 8 hours,’’; and 
(v) in the flush text following clause 
(ii)— 
(I) by striking ‘‘(as estimated 
under section 5)’’; and 
(II) by striking ‘‘with respect to 
such client’’ and inserting ‘‘, in the 
case of a person or entity described in 
subclause (I) or (II) of clause (i), with 
respect to such client, or, in the case 
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116 
of a person or entity described in 
clause (ii), with respect to any client 
of the person or entity.’’; and 
(B) in subparagraph (B), by striking ‘‘sub-
paragraph (A)’’ and inserting ‘‘subparagraph 
(A)(i)’’; 
(2) in subsection (b)— 
(A) by striking paragraph (4); 
(B) by redesignating paragraphs (5) and 
(6) as paragraphs (4) and (5), respectively; 
(C) in paragraph (4), as so redesignated— 
(i) in subparagraph (A)— 
(I) by striking ‘‘the general 
issues areas’’ and inserting ‘‘each spe-
cific issue area’’; and 
(II) by striking ‘‘and’’ at the end; 
(ii) by redesignating subparagraph 
(B) as subparagraph (C); 
(iii) by inserting after subparagraph 
(A) the following: 
‘‘(B) each specific action or inaction that, 
as of the date of the registration, has already 
been requested, or that will be requested;’’; and 
(iv) in subparagraph (C), as so redes-
ignated— 
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117 
(I) by striking ‘‘to the extent 
practicable, specific issues that have’’ 
and inserting ‘‘each specific issue, in-
cluding any Federal legislation, rule, 
or regulation, or Executive order, that 
has’’; and 
(II) by striking ‘‘are’’ and insert-
ing ‘‘is’’; 
(D) in paragraph (5), as so redesignated, 
by striking the period and inserting a semi-
colon; and 
(E) by inserting after paragraph (5), as so 
redesignated, the following: 
‘‘(6) the name of each covered legislative 
branch official or covered executive branch official 
who, as of the date of the registration, has already 
been contacted, or is likely to be contacted, in any 
lobbying activity on behalf of the client; and 
‘‘(7) with respect to any person or entity that, 
as of the date of the registration, or has been re-
tained, by the registrant to engage in any lobbying 
activity on behalf of the client of the registrant— 
‘‘(A) the name, address, business telephone 
number, and principal place of business of the 
person or entity; 
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118 
‘‘(B) a description of any lobbying contact 
that, as of the date of the registration, has been 
made in, or is likely to be made, on behalf of 
the client of the registrant by the person or en-
tity; 
‘‘(C) with respect to the lobbying activity 
on behalf of the client of the registrant, the 
amount that the registrant, as of the date of 
the registration, has paid, or is likely to pay, to 
the person or entity as compensation for the 
lobbying activity; and 
‘‘(D) the name of each employee of the 
person or entity who, as of the date of the reg-
istration, has supervised, or who is likely to su-
pervise, any lobbying activity on behalf of the 
client of the registrant.’’; and 
(3) by striking subsection (c) and inserting the 
following: 
‘‘(c) MULTIPLE CLIENTS.—In the case of a reg-
istrant that engages in lobbying activities or political intel-
ligence activities on behalf of more than 1 client, the reg-
istrant shall file a separate registration for each client.’’. 
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119 
SEC. 204. REPORTS BY LOBBYISTS. 
(a) QUARTERLY REPORTS.—Section 5(b) of the Lob-
bying Disclosure Act of 1995 (2 U.S.C. 1604(b)) is 
amended— 
(1) by striking paragraph (2) and inserting the 
following: 
‘‘(2) a statement of— 
‘‘(A) each specific issue with respect to 
which the registrant, or any employee of the 
registrant, engaged in lobbying activities or po-
litical intelligence activities, including, to the 
maximum extent practicable, a statement of 
each bill number and reference to any specific 
Federal rule or regulation, Executive order, or 
any other program, policy, or position of the 
United States Government; 
‘‘(B) each lobbying activity or political in-
telligence activity that the registrant has en-
gaged in on behalf of the client, including— 
‘‘(i) each document prepared by the 
registrant that was submitted to any cov-
ered legislative branch official or covered 
executive branch official; 
‘‘(ii) each meeting conducted that con-
stituted a lobbying contact or a political in-
telligence contact, including the subject of 
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120 
the meeting, the date of the meeting, and 
the name and position of each individual 
who was a party to the meeting; 
‘‘(iii) each phone call made that con-
stituted a lobbying contact or a political in-
telligence contact, including the subject of 
the phone call, the date of the phone call, 
and the name and position of each indi-
vidual who was a party to the phone call; 
and 
‘‘(iv) each email sent that constituted 
a lobbying contact or a political intelligence 
contact, including the subject of the email, 
the date of the email, and the name and 
position of each individual who was a party 
to the email; 
‘‘(C) the name of each employee of the reg-
istrant who did not participate in the lobbying 
contact or a political intelligence contact but en-
gaged in lobbying activities or political intel-
ligence activitites, respectively, in support of the 
lobbying contact or political intelligence contact, 
respectively, and a description of any such lob-
bying activity or a political intelligence activity; 
and 
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121 
‘‘(D) with respect to any person or entity 
retained by the registrant to engage in lobbying 
activities or political intelligence activities on 
behalf of the client of the registrant— 
‘‘(i) the name, address, business tele-
phone number, and principal place of busi-
ness of the person or entity; 
‘‘(ii) a description of any lobbying ac-
tivity or political intelligence activity by the 
person or entity on behalf of the client of 
the registrant; 
‘‘(iii) the amount the registrant paid 
to the person or entity for any lobbying ac-
tivity or political intelligence activity by the 
person or entity on the behalf of the client 
of the registrant; 
‘‘(iv) the name of each employee of 
the person or entity who supervised any 
lobbying activity or political intelligence ac-
tivity by the person or entity on behalf of 
the client of the registrant; and 
‘‘(v) the official action or inaction re-
quested in the course of the lobbying activ-
ity;’’. 
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122 
(2) in paragraph (4), by striking ‘‘and’’ at the 
end; 
(3) in paragraph (5), by striking the period and 
inserting ‘‘; and’’; and 
(4) by adding at the end the following: 
‘‘(6) a copy of any document transmitted to a 
covered legislative branch official or a covered execu-
tive branch official in the course of any lobbying ac-
tivity by the registrant on behalf of the client.’’. 
(b) ESTIMATES BASED ON TAX REPORTING SYS-
TEM.—Section 15 of the Lobbying Disclosure Act (2 
U.S.C. 1610) is repealed. 
SEC. 205. PROHIBITION ON FOREIGN LOBBYING. 
(a) IN GENERAL.—The Lobbying Disclosure Act of 
1995 (2 U.S.C. 1601 et seq.) is amended— 
(1) by redesignating section 26 (2 U.S.C. 1614) 
as section 28; and 
(2) by inserting after section 25 (2 U.S.C. 
1613) the following: 
‘‘SEC. 26. PROHIBITION ON FOREIGN LOBBYING. 
‘‘(a) DEFINITION.—In this section— 
‘‘(1) the term ‘covered lobbyist’ means— 
‘‘(A) a lobbyist that is registered or is re-
quired to register under section 4(a)(1); 
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123 
‘‘(B) an organization that employs 1 or 
more lobbyists and is registered, or is required 
to register, under section 4(a)(2); and 
‘‘(C) an employee listed or required to be 
listed as a lobbyist by a registrant under section 
4(b)(6) or 5(b)(2)(C); and 
‘‘(2) the terms ‘information-service employee’, 
‘public-relations counsel’, and ‘publicity agent’ have 
the meanings given those terms in section 1 of the 
Foreign Agents Registration Act of 1938 (22 U.S.C. 
611). 
‘‘(b) PROHIBITION.—Except as provided in sub-
section (c), a covered lobbyist may not accept financial or 
other compensation for services that include lobbying ac-
tivities on behalf of a foreign entity. 
‘‘(c) EXEMPTIONS.—The prohibition under sub-
section (b) shall not apply the following covered lobbyists: 
‘‘(1) DIPLOMATIC OR CONSULAR OFFICERS.—A 
duly accredited diplomatic or consular officer of a 
foreign government who is so recognized by the De-
partment of State, while the officer is engaged exclu-
sively in activities that are recognized by the Depart-
ment of State as being within the scope of the func-
tions of the officer. 
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124 
‘‘(2) OFFICIALS OF FOREIGN GOVERNMENTS.— 
An official of a foreign government, if that govern-
ment is recognized by the United States, who is not 
a public-relations counsel, a publicity agent, or an 
information-service employee, or a citizen of the 
United States, whose name and status and the char-
acter of whose duties as an official are of public 
record in the Department of State, while said official 
is engaged exclusively in activities that are recog-
nized by the Department of State as being within 
the scope of the functions of the official. 
‘‘(3) STAFF MEMBERS OF DIPLOMATIC OR CON-
SULAR OFFICERS.—A member of the staff of, or any 
person employed by, a duly accredited diplomatic or 
consular officer of a foreign government who is so 
recognized by the Department of State, other than 
a public-relations counsel, a publicity agent, or an 
information-service employee, whose name and sta-
tus and the character of whose duties as such mem-
ber or employee are of public record in the Depart-
ment of State, while the member or employee is en-
gaged exclusively in the performance of activities 
that are recognized by the Department of State as 
being within the scope of the functions of the mem-
ber or employee. 
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125 
‘‘(4) PERSONS ENGAGING OR AGREEING TO EN-
GAGE IN THE SOLICITING OR COLLECTING OF FUNDS 
FOR HUMANITARIAN RELIEF.—A person engaging or 
agreeing to engage only in the soliciting or collecting 
of funds and contributions within the United States 
to be used only for medical aid and assistance, or for 
food and clothing to relieve human suffering, if the 
solicitation or collection of funds and contributions 
is in accordance with, and subject to, the provisions 
of the Neutrality Act of 1939 (22 U.S.C. 441 et 
seq.), and such rules and regulations as may be pre-
scribed thereunder. 
‘‘(5) CERTAIN PERSONS QUALIFIED TO PRAC-
TICE LAW.— 
‘‘(A) IN GENERAL.—A person qualified to 
practice law, insofar as the person engages, or 
agrees to engage in, the legal representation of 
a disclosed foreign entity before any court of 
law or any agency of the Government of the 
United States. 
‘‘(B) LEGAL REPRESENTATION.—For the 
purpose of this paragraph, legal representation 
does not include any attempt to influence or 
persuade agency personnel or officials other 
than in the course of— 
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126 
‘‘(i) a judicial proceeding; 
‘‘(ii) a criminal or civil law enforce-
ment inquiry, investigation, or proceeding; 
or 
‘‘(iii) an agency proceeding required 
by statute or regulation to be conducted on 
the record. 
‘‘(d) PENALTIES.—Any person who knowingly vio-
lates this section shall be fined not more than $200,000, 
imprisoned for not more than 5 years, or both, and any 
compensation received for engaging in the unlawful activ-
ity shall be subject to disgorgement.’’. 
(b) CONFORMING AMENDMENT.—Section 7 of the 
Lobbying Disclosure Act of 1995 (2 U.S.C. 1606) is 
amended— 
(1) in subsection (a), in the matter preceding 
paragraph (1), by striking ‘‘Whoever’’ and inserting 
‘‘Except as otherwise provided in this Act, whoever’’; 
and 
(2) in subsection (b), by striking ‘‘Whoever’’ 
and inserting ‘‘Except as otherwise provided in this 
Act, whoever’’. 
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127 
SEC. 206. PROHIBITION ON CONTINGENT FEE LOBBYING. 
The Lobbying Disclosure Act of 1995 (2 U.S.C. 1601 
et seq.) is amended by inserting after section 26, as added 
by section 205, the following: 
‘‘SEC. 27. PROHIBITION ON CONTINGENT FEE ARRANGE-
MENTS. 
‘‘(a) DEFINITIONS.—In this section, the term ‘cov-
ered lobbyist’ means— 
‘‘(1) a lobbyist that is registered or is required 
to register under section 4(a)(1); 
‘‘(2) an organization that employs 1 or more 
lobbyists and is registered, or is required to register, 
under section 4(a)(2); and 
‘‘(3) an employee listed or required to be listed 
as a lobbyist by a registrant under section 4(b)(6) 
or 5(b)(2)(C). 
‘‘(b) PROHIBITION.—A covered lobbyist may not be 
employed under, or receive compensation in connection 
with, an arrangement in which compensation paid to the 
covered lobbyist is contingent on the result of lobbying ac-
tivities engaged in by the covered lobbyist. 
‘‘(c) PENALTIES.—Any person who knowingly vio-
lates this section shall be fined not more than $200,000, 
imprisoned for not more than 5 years, or both, and any 
compensation received for engaging in the unlawful activ-
ity shall be subject to disgorgement.’’. 
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128 
SEC. 207. PROHIBITION ON PROVISION OF GIFTS OR TRAV-
EL BY REGISTERED LOBBYISTS. 
Section 25 of the Lobbying Disclosure Act of 1995 
(2 U.S.C. 1613) is amended— 
(1) in the section heading, by striking ‘‘TO 
MEMBERS
OF
CONGRESS
AND
TO
CONGRES-
SIONAL EMPLOYEES’’; 
(2) by striking subsection (a) and inserting the 
following: 
‘‘(a) PROHIBITION.—Except as provided in sub-
section (c), a person described in subsection (b) may not 
make a gift or provide travel to a covered legislative 
branch official or a covered executive branch official.’’; and 
(3) by adding at the end the following: 
‘‘(c) EXCEPTIONS.—A person described in subsection 
(b) may make a gift or provide travel to a covered legisla-
tive branch official or a covered executive branch official 
if— 
‘‘(1) the gift or travel complies with any appli-
cable rule of the Senate, House of Representatives, 
or executive branch applicable to the recipient of the 
gift or travel; and 
‘‘(2) the gift or travel— 
‘‘(A) is based on the personal or family re-
lationship of the person with the covered legis-
lative branch official or a covered executive 
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129 
branch official and is given with the knowledge 
and acquiescence of the covered legislative 
branch official or a covered executive branch of-
ficial, unless the covered legislative branch offi-
cial or a covered executive branch official has 
reason to believe that the gift or travel was 
given because of the official position of the cov-
ered legislative branch official or a covered ex-
ecutive branch official; 
‘‘(B) is a discount or similar benefit; 
‘‘(C) results from the business or employ-
ment activities of the spouse of the covered leg-
islative branch official or a covered executive 
branch official; 
‘‘(D) is a gift or travel customarily pro-
vided by a prospective employer in connection 
with bona fide employment discussions; 
‘‘(E) in the case of a covered executive 
branch official, is of a kind authorized by a 
supplemental agency regulation that is— 
‘‘(i) issued by the agency that employs 
the covered executive branch official; and 
‘‘(ii) approved by the Director of the 
Office of Public Integrity; or 
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130 
‘‘(F) may be accepted by the covered legis-
lative branch official or covered executive 
branch official under specific Federal statutory 
authority.’’. 
SEC. 208. APPLICATION OF GENERAL SCHEDULE TO CON-
GRESS. 
(a) IN GENERAL.—Section 5331 of title 5, United 
States Code, is amended— 
(1) in subsection (a), by striking ‘‘this sub-
chapter, ‘agency’, ‘employee’, ‘position’,’’ and insert-
ing the following: ‘‘this subchapter— 
‘‘(1) ‘agency’— 
‘‘(A) has the meaning given that term in 
section 5102 of this title; and 
‘‘(B) includes— 
‘‘(i) the Government Accountability 
Office; and 
‘‘(ii) any agency, office, or other enti-
ty for which the pay of the employees of 
the agency, office, or other entity is dis-
bursed by the Secretary of the Senate or 
the Chief Administrative Officer of the 
House of Representatives; 
‘‘(2) ‘employee’— 
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131 
‘‘(A) means an individual employed in or 
under an agency; and 
‘‘(B) does not include a Member of Con-
gress; and 
‘‘(3) ‘position’,’’; and 
(2) in subsection (b), by inserting ‘‘and employ-
ees in positions in an agency described in subsection 
(a)(1)(B)’’ after ‘‘chapter 51 applies’’. 
(b) TECHNICAL AND CONFORMING AMENDMENTS.— 
(1) Section 5 of the Federal Pay Comparability 
Act of 1970 (2 U.S.C. 4531) is repealed. 
(2) Section 311 of the Legislative Branch Ap-
propriations Act, 1988 (2 U.S.C. 4532) is repealed. 
(3) Sections 471 and 475 of the Legislative Re-
organization Act of 1970 (2 U.S.C. 4533, 4534) are 
repealed. 
(4) Section 4 of the Federal Pay Comparability 
Act of 1970 (2 U.S.C. 4571) is repealed. 
(5) Section 107 of the Legislative Branch Ap-
propriation Act, 1977 (2 U.S.C. 4572) is repealed. 
(6) Section 315 of the Legislative Branch Ap-
propriations Act, 1991 (2 U.S.C. 4573) is repealed. 
(7) Section 105 of the Legislative Branch Ap-
propriation Act, 1968 (2 U.S.C. 4575) is amended— 
(A) by striking subsection (a); 
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132 
(B) by striking subsection (c); 
(C) by striking subsection (e); and 
(D) by striking subsection (f). 
(8) Section 114 of the Legislative Branch Ap-
propriation Act, 1978 (2 U.S.C. 4576) is amended 
by striking ‘‘maximum rate specified’’ and all that 
follows and inserting ‘‘rate payable for a position at 
level 15, step 10 of the General Schedule.’’. 
(9) Section 102(c)(2)(B) of the Legislative 
Branch 
Appropriations 
Act, 
2002 
(2 
U.S.C. 
4579(c)(2)(B)) is amended by striking ‘‘exceeding’’ 
and all that follows and inserting ‘‘exceeding 1⁄12th 
of the maximum annual rate of pay that is payable 
for positions on the General Schedule under section 
5304(g)(1) of title 5, United States Code.’’. 
SEC. 209. REESTABLISHMENT OF OFFICE OF TECHNOLOGY 
ASSESSMENT. 
(a) AUTHORIZATION OF APPROPRIATIONS.—Section 
12(a) of the Technology Assessment Act of 1972 (2 
U.S.C. 481(a)) is amended by striking ‘‘there is hereby’’ 
and all that follows through the period at the end and 
inserting ‘‘for each fiscal year there is authorized to be 
appropriated to the Office such sums as may be nec-
essary.’’. 
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(b) INITIAL APPOINTMENTS.—Not later than 60 days 
after the date on which appropriations are made available 
to reestablish the Office of Technology Assessment, the 
President pro tempore of the Senate and the Speaker of 
the House of Representatives shall appoint the members 
of the Technology Assessment Board in accordance with 
section 4(a) of the Technology Assessment Act of 1972 
(2 U.S.C. 473(a)). 
(c) INITIAL RECOMMENDATIONS.— 
(1) IN
GENERAL.—Not later than 270 days 
after the date on which all members of the Tech-
nology Assessment Board are appointed under sub-
section (b), and after reviewing recommendations re-
lating to the reestablishment of the Office of Tech-
nology Assessment and meeting with relevant stake-
holders, the Technology Assessment Board shall sub-
mit to Congress recommendations concerning how 
Congress should enhance technology assessment sup-
port for the legislative branch, including whether 
Congress should enact new or revised authorities 
that address resources, function, structure, or other 
matters the Technology Assessment Board deter-
mines appropriate. 
(2) REVIEW.—Not later than 90 days after the 
date on which Congress receives the recommenda-
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134 
tions under paragraph (1), each committee of the 
Senate or the House of Representatives with juris-
diction of any issue relating to technology assess-
ment support for the legislative branch shall hold a 
hearing with respect to the recommendations. 
(d) ADJUSTMENTS TO OTHER LAWS.— 
(1) ANNUAL REPORTS.—Section 3003(a)(1) of 
the Federal Reports Elimination and Sunset Act of 
1995 (31 U.S.C. 1113 note) shall not apply to any 
report submitted under section 11 of the Technology 
Assessment Act of 1972 (Public Law 92–48, 86 
Stat. 802). 
(2) INFORMATION
FOR
THE
CONGRESSIONAL 
BUDGET OFFICE.—Section 201(e) of the Congres-
sional Budget Act of 1974 (2 U.S.C. 601(e)) is 
amended— 
(A) by inserting ‘‘the Office of Technology 
Assessment,’’ after ‘‘Government Accountability 
Office,’’; and 
(B) by inserting ‘‘the Technology Assess-
ment Board,’’ after ‘‘Comptroller General,’’. 
(3) INCLUSION
AS
AN
INSTRUMENTALITY
OF 
CONGRESS.—Section 510(4) of the Americans with 
Disabilities Act of 1990 (42 U.S.C. 12209(4)) is 
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135 
amended by striking ‘‘following:,’’ and inserting ‘‘fol-
lowing: the Office of Technology Assessment,’’. 
(e) TECHNICAL AMENDMENTS.—Section 7(e)(1) of 
the Technology Assessment Act of 1972 (2 U.S.C. 
476(e)(1)) is amended by striking ‘‘section 5702 and in 
5704 of title 5’’ and inserting ‘‘sections 5702 and 5704 
of title 5, United States Code’’. 
SEC. 210. PROGRESSIVE TAX ON LOBBYING EXPENDITURES. 
(a) TAX PROVISIONS RELATING TO LOBBYING EX-
PENDITURES.— 
(1) EXCISE TAX ON EXPENDITURES FOR LOB-
BYING ACTIVITIES.— 
(A) IN GENERAL.—Chapter 33 of the In-
ternal Revenue Code of 1986 is amended by in-
serting after subchapter C the following new 
subchapter: 
‘‘Subchapter D—Lobbying Activities 
‘‘Sec. 4286. Imposition of tax. 
‘‘SEC. 4286. IMPOSITION OF TAX. 
‘‘(a) IN GENERAL.—There is hereby imposed on 
quarterly lobbying expenditures in excess of $125,000 a 
tax determined in accordance with the following table: 
‘‘If quarterly lobbying 
expenditures are: 
The tax is: 
Over 
$125,000 
but 
not 
over 
$250,000.
35% of the quarterly lobbying ex-
penditures in excess of $125,000. 
Over 
$250,000 
but 
not 
over 
$1,250,000.
$43,750, plus 60% of the excess over 
$250,000. 
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136 
‘‘If quarterly lobbying 
expenditures are: 
The tax is: 
Over $1,250,000 ............................
$643,750, plus 75% of the excess 
over $1,250,000. 
‘‘(b) EXCEPTION.— 
‘‘(1) IN GENERAL.—Except as provided in para-
graph (2), the tax imposed by this section shall not 
apply to any organization described in section 501(c) 
and exempt from tax under section 501(a). 
‘‘(2) APPLICATION TO CERTAIN BUSINESS OR-
GANIZATIONS.—Paragraph (1) shall not apply to any 
organization which— 
‘‘(A) is described in section 501(c)(6) and 
exempt from tax under section 501(a), and 
‘‘(B) has as a member of such organization 
an organization that is not described in section 
501(c) and exempt from tax under section 
501(a). 
‘‘(c) PAYMENT OF TAX.—The tax imposed by this 
section shall be paid by the person paying for the quarterly 
lobbying expenditures. 
‘‘(d) DEFINITIONS.—For purposes of this section, the 
term ‘quarterly lobbying expenditures’ means, with respect 
to any calendar quarter, the expenditures paid or incurred 
for lobbying activities (as defined under section 3 of the 
Lobbying Disclosure Act of 1995) during such calendar 
quarter. 
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137 
‘‘(e) SPECIAL RULE.—For purposes of this section, 
all persons treated as a single employer under subsection 
(a) or (b) of section 52 shall be treated as a single per-
son.’’. 
(B) 
CONFORMING
AMENDMENT.—The 
table of subchapters for chapter 33 of such 
Code is amended by inserting after the item re-
lated to subchapter C the following new item: 
‘‘SUBCHAPTER D—LOBBYING ACTIVITIES’’. 
(C) EFFECTIVE DATE.—The amendments 
made by this paragraph shall apply to amounts 
paid or incurred in calendar quarters beginning 
more than 60 days after the date of the enact-
ment of this Act. 
(2) MODIFICATION OF DEFINITION OF INFLU-
ENCING LEGISLATION FOR PURPOSES OF RESTRIC-
TIONS ON CERTAIN CHARITABLE ORGANIZATIONS.— 
(A) IN GENERAL.—Section 4911(e)(2) of 
the Internal Revenue Code of 1986 is amend-
ed— 
(i) by striking ‘‘includes action with 
respect to Acts, bills’’ and inserting ‘‘in-
cludes— 
‘‘(i) the formulation, modification, or 
adoption of Acts, bills’’; and 
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138 
(ii) by adding at the end the following 
new subparagraphs: 
‘‘(ii) the formulation, modification, or 
adoption of a Federal rule, regulation, Ex-
ecutive order, or any other program, policy, 
or position of the United States Govern-
ment, 
‘‘(iii) the administration or execution 
of a Federal program or policy (including 
the negotiation, award, or administration 
of a Federal contract, grant, loan, permit, 
or license), and 
‘‘(iv) the nomination or confirmation 
of a person for a position subject to con-
firmation by the Senate.’’. 
(B) CONFORMING AMENDMENTS.—Section 
4911(e) of such Code is amended by striking 
paragraph (3) and redesignating paragraph (4) 
as paragraph (3). 
(C) EFFECTIVE DATE.—The amendments 
made by this paragraph shall take effect 180 
days after the date of the enactment of this 
Act. 
(b) LOBBYING DEFENSE TRUST FUND.— 
(1) ESTABLISHMENT OF FUND.— 
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139 
(A) IN GENERAL.—Subchapter A of chap-
ter 98 of the Internal Revenue Code of 1986 is 
amended by adding at the end the following 
new section: 
‘‘SEC. 9512. LOBBYING DEFENSE TRUST FUND. 
‘‘(a) IN GENERAL.—There is established in the 
Treasury of the United States a trust fund to be known 
as the ‘Lobbying Defense Trust Fund’, consisting of any 
amount appropriated or credited to the Trust Fund as 
provided in this section or section 9602(b). 
‘‘(b) TRANSFERS TO TRUST FUND.—There is hereby 
appropriated to the Lobbying Defense Trust Fund 
amounts equivalent to— 
‘‘(1) the taxes received in the Treasury under 
section 4286, and 
‘‘(2) the civil penalties collected under the Anti- 
Corruption and Public Integrity Act and the amend-
ments made by that Act. 
‘‘(c) AVAILABILITY.—Amounts transferred to the 
Lobbying Defense Trust Fund shall— 
‘‘(1) remain available until expended; and 
‘‘(2) be used, without further appropriation, by 
the Director of the Office of Public Integrity in ac-
cordance with subsection (d). 
‘‘(d) USE OF FUNDS.— 
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‘‘(1) TRANSFERS TO AGENCIES.— 
‘‘(A) IN
GENERAL.—For each calendar 
quarter beginning more than 60 days after the 
date of the enactment of this section, not later 
than 30 days after the end of the quarter, the 
Director of the Office of Public Integrity (in 
this subsection referred to as the ‘Director’) 
shall identify specific rules or other agency ac-
tions that were the subject of significant lob-
bying activity directed toward an executive 
agency during the quarter. 
‘‘(B) TRANSFER.—Not later than the end 
of each calendar quarter beginning more than 
60 days after the date of the enactment of this 
section, the Director shall transfer from the 
Lobbying Defense Trust Fund to each executive 
agency that was the subject of significant lob-
bying activity during the previous quarter an 
amount equal to the amount obtained by multi-
plying— 
‘‘(i) the amount of taxes received in 
the Treasury under section 4286 that are 
attributable to lobbying expenditures dur-
ing the previous quarter; by 
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141 
‘‘(ii) the percentage of such taxes that 
were based on lobbying expenditures dur-
ing the previous quarter related to rule-
making within the jurisdiction of the exec-
utive agency. 
‘‘(C) USE OF TRANSFERRED FUNDS.—An 
executive agency may use amounts transferred 
under subparagraph (B) for salaries and ex-
penses relating to researching, reviewing, or fi-
nalizing rules or other agency actions in accord-
ance with section 553 or 554 of title 5, United 
States Code. 
‘‘(D) AVAILABILITY.—Amounts transferred 
under subparagraph (B) shall remain available 
until expended. 
‘‘(2) OFFICE OF THE PUBLIC ADVOCATE.— 
‘‘(A) BUDGET SUBMISSION.—For each fis-
cal year beginning more than 60 days after the 
date of enactment of this section, the National 
Public Advocate shall submit to the Director a 
request— 
‘‘(i) indicating the amount the Na-
tional Public Advocate is requesting be 
transferred to the Office of the Public Ad-
vocate; and 
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142 
‘‘(ii) describing the activities of the 
Office of the Public Advocate that would 
be carried out using the amounts. 
‘‘(B) TRANSFER.—After consideration of 
the request submitted under subparagraph (A) 
with respect to a fiscal year, the Director shall 
transfer to the Office of the Public Advocate 
from the Lobbying Defense Trust Fund the 
amount determined appropriate by the Director. 
‘‘(C) USE
OF
FUNDS.—Amounts trans-
ferred under subparagraph (B) may be used for 
any authorized activity of the Office of the Pub-
lic Advocate, including salaries and expenses. 
‘‘(D) AVAILABILITY.—Amounts transferred 
under subparagraph (B) shall remain available 
until expended. 
‘‘(3) CONGRESSIONAL SUPPORT AGENCIES.— 
‘‘(A) TRANSFER.—Not later than the end 
of each calendar quarter beginning more than 
60 days after the date of the enactment of this 
section, the Director shall transfer from the 
Lobbying Defense Trust Fund to the Congres-
sional Research Service, the Congressional 
Budget Office, the Government Accountability 
Office, and the Office of Technology Assess-
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143 
ment an amount equal to 25 percent of the dif-
ference between— 
‘‘(i) the amount of taxes received in 
the Treasury under section 4286 that are 
attributable to lobbying expenditures dur-
ing the previous quarter; and 
‘‘(ii) the amount of such taxes that 
were based on lobbying expenditures dur-
ing the previous quarter related to rule-
making within the jurisdiction of an execu-
tive agency. 
‘‘(B) USE
OF
FUNDS.—Amounts trans-
ferred under subparagraph (A) may be used for 
any authorized activity of the agency receiving 
the amounts, including salaries and expenses. 
‘‘(C) AVAILABILITY.—Amounts transferred 
under subparagraph (A) shall remain available 
until expended. 
‘‘(4) REGULATIONS.—Not later than 180 days 
after the date of enactment of this Act, the Director 
shall promulgate regulations defining the term ‘sig-
nificant lobbying activity’ for purposes of this sub-
section.’’. 
(2) CLERICAL AMENDMENT.—The table of sec-
tions for subchapter A of chapter 98 of such Code 
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144 
is amended by adding at the end the following new 
item: 
‘‘Sec. 9512. Lobbying Defense Trust Fund.’’. 
(3) EFFECTIVE DATE.—The amendments made 
by this subsection shall take effect on the date of en-
actment of this Act. 
SEC. 211. DISCLOSURE OF REGISTRATION STATUS. 
Section 14 of the Lobbying Disclosure Act of 1995 
(2 U.S.C. 1609) is amended— 
(1) by striking subsections (a) and (b) and in-
serting the following: 
‘‘(a) LOBBYING CONTACTS.—Any person or entity 
that makes a lobbying contact with a covered legislative 
branch official or a covered executive branch official shall, 
at the time of the lobbying contact, state whether the per-
son or entity is registered under this Act and identify the 
client on whose behalf the lobbying contact is made.’’; and 
(2) by redesignating subsection (c) as sub-
section (b). 
TITLE III—RULEMAKING 
REFORM 
SEC. 301. DISCLOSURE OF CONFLICTS OF INTEREST. 
(a) IN GENERAL.—Section 553 of title 5, United 
States Code, is amended— 
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145 
(1) in subsection (c), in the first sentence, by 
inserting ‘‘, subject to subsections (f) and (h),’’ after 
‘‘the agency shall’’; and 
(2) by adding at the end the following: 
‘‘(f) With respect to any submission by an interested 
person under subsection (c) or any other submission by 
an interested person relating to a proposed rule that incor-
porates or includes a scientific or technical study, or any 
other result of scientific research not published in a pub-
licly available peer-reviewed publication, the interested 
person, in making that submission, shall disclose— 
‘‘(1) the source of the funding for that study or 
research, as applicable; 
‘‘(2) any entity that sponsored the study or re-
search; 
‘‘(3) the extent to which the findings of the 
study or research were reviewed by a party that may 
be affected by the rulemaking to which the submis-
sion relates; 
‘‘(4) the identity of any party identified under 
paragraph (3); and 
‘‘(5) the nature of any financial relationship, in-
cluding a consulting agreement, the support of any 
expert witness, and the funding of research, between 
any person that conducted the study or research and 
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146 
any interested person with respect to the rule mak-
ing to which the submission relates.’’. 
(b) APPLICATION.—Section 553(f) of title 5, United 
States Code, as added by subsection (a), shall apply with 
respect to submissions made by interested persons on and 
after the date of enactment of this Act. 
SEC. 302. INCREASING DISCLOSURES RELATING TO STUD-
IES AND RESEARCH. 
(a) IN GENERAL.—Section 553 of title 5, United 
States Code, as amended by section 301 of this Act, is 
amended by adding at the end the following: 
‘‘(g) With respect to a study or research that is sub-
mitted by an interested person to an agency under sub-
section (c), the agency shall ensure that the study or re-
search is available to the public, unless disclosure is pro-
hibited under section 552 of this title. 
‘‘(h)(1) If a study or research submitted by an inter-
ested person to an agency under subsection (c) presents 
a conflict described in paragraph (2), the agency shall not 
consider the study or research in a rulemaking under this 
section and shall exclude the study or research from con-
sideration, unless the interested person has certified, 
under standards developed by the National Academy of 
Sciences with respect to that certification, that the study 
or research has undergone independent peer review. 
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147 
‘‘(2) A conflict described in this paragraph means a 
study or research for which— 
‘‘(A) not less than 20 percent of the funding for 
the study or research is from an entity that is regu-
lated by the agency; or 
‘‘(B) an entity that is regulated by the agency 
exercises editorial control over the study or research. 
‘‘(i) With respect to a rulemaking under this section, 
an agency shall include in the notice of proposed rule mak-
ing required under subsection (b) and in the final rule 
published under subsection (d) a description of how the 
agency considered scientific evidence, including any study 
or research.’’. 
(b) APPLICATION.—Subsections (g), (h), and (i) of 
section 553 of title 5, United States Code, as added by 
subsection (a), shall apply with respect to submissions 
made by interested persons on and after the date of enact-
ment of this Act. 
SEC. 303. DISCLOSURE OF INTER-GOVERNMENTAL RULE 
CHANGES. 
(a) DEFINITIONS.—In this section— 
(1) the term ‘‘Administrator’’ means the Ad-
ministrator of the Office; 
(2) the terms ‘‘agency’’, ‘‘regulatory action’’, 
and ‘‘significant regulatory action’’ have the mean-
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148 
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) REQUIREMENT.—With respect to any regulatory 
action that an agency provides to the Office under section 
6(a)(3) of the Executive Order, and that the Adminis-
trator determines is a significant regulatory action under 
that section, the agency shall— 
(1) not later than the date on which the agency 
publishes the general notice of proposed rulemaking 
required under section 553(b) of title 5, United 
States Code, with respect to the action, place in the 
rule making docket— 
(A) the substance of any changes between 
the text of the draft regulatory action that the 
agency provided to the Office under section 
6(a)(3)(B)(i) of the Executive Order and the 
text published in that general notice with re-
spect to the action; and 
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149 
(B) a statement regarding whether any 
change described in subparagraph (A) was 
made at the request of— 
(i) the Office; 
(ii) another agency; or 
(iii) a Member of Congress; and 
(2) not later than the date on which the agency 
publishes the regulatory action in the Federal Reg-
ister, place in the rulemaking docket— 
(A) the substance of any changes between 
the text of the regulatory action that the agency 
provided 
to 
the 
Office 
under 
section 
6(a)(3)(B)(i) of the Executive Order and the 
text of the regulatory action that the agency 
published in the Federal Register; and 
(B) a statement regarding whether any 
change described in subparagraph (A) was 
made at the request of— 
(i) the Office; 
(ii) another agency; or 
(iii) a Member of Congress. 
(c) RULE OF CONSTRUCTION.—Nothing in this sec-
tion shall be construed— 
(1) as an endorsement by Congress of— 
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(A) the institution of centralized regulatory 
review; or 
(B) the procedural steps or requirements 
of an Executive order affecting administrative 
procedure; or 
(2) as a requirement that the President— 
(A) conduct centralized regulatory review; 
or 
(B) adopt, administer, or implement an 
Executive order affecting administrative proce-
dure. 
SEC. 304. JUSTIFICATION OF WITHDRAWN RULES. 
(a) DEFINITIONS.—In this section— 
(1) the term ‘‘Administrator’’ means the Ad-
ministrator of the Office; 
(2) the terms ‘‘agency’’ and ‘‘regulatory action’’ 
have the meanings given those terms in section 3 of 
the Executive Order; 
(3) the term ‘‘Executive Order’’ means Execu-
tive Order 12866 (5 U.S.C. 601 note; relating to 
regulatory planning and review); and 
(4) the term ‘‘Office’’ means the Office of In-
formation and Regulatory Affairs. 
(b) REQUIREMENT.— 
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151 
(1) IN GENERAL.—If an agency withdraws a 
regulatory action after providing the action to the 
Office under section 6(a)(3) of the Executive Order 
(or, if the agency does not provide the regulatory ac-
tion to the Office under that section, after pub-
lishing the general notice of proposed rulemaking 
with respect to the action under section 553(b) of 
title 5, United States Code), the agency shall publish 
in the Federal Register and on the website of the 
agency a statement regarding the decision by the 
agency to withdraw the action. 
(2) CONTENTS.—A statement required under 
paragraph (1) with respect to a decision by an agen-
cy to withdraw a regulatory action shall include, at 
a minimum— 
(A) a detailed explanation of the reasons 
why the agency withdrew the action; and 
(B) an explanation regarding whether the 
decision by the agency to withdraw the action 
was based, in whole or in part, on a request by, 
or input from— 
(i) the Office; 
(ii) another agency; 
(iii) a Member of Congress; 
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152 
(iv) a State, local, or Tribal govern-
ment; or 
(v) an organization, a corporation, a 
member of the public, or another inter-
ested party. 
SEC. 305. NEGOTIATED RULEMAKING. 
(a) IN GENERAL.—Subchapter III of chapter 5 of 
title 5, United States Code, is amended— 
(1) in section 561, in the first sentence, by in-
serting ‘‘between agencies and Federal, State, local, 
or Tribal governments. This subchapter shall apply 
only to information negotiations between Federal, 
State, local, or Tribal governments’’ after ‘‘informal 
rulemaking process’’; 
(2) in section 563— 
(A) in subsection (a)— 
(i) in paragraph (2), by inserting 
‘‘Federal, State, local, or Tribal govern-
ment’’ after ‘‘identifiable’’; and 
(ii) in paragraph (3), by striking 
‘‘persons who’’ and inserting ‘‘representa-
tives of Federal, State, local, and Tribal 
governments that’’; 
(B) in subsection (b)— 
(i) in paragraph (1)— 
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153 
(I) in subparagraph (A)— 
(aa) by striking ‘‘persons 
who’’ and inserting ‘‘Federal, 
State, local, or Tribal govern-
ments that’’; and 
(bb) by striking ‘‘, including 
residents of rural areas’’; and 
(II) in subparagraph (B)— 
(aa) by striking ‘‘with such 
persons’’ and inserting ‘‘with rep-
resentatives 
of 
those 
govern-
ments’’; and 
(bb) by striking ‘‘to such 
persons’’ and inserting ‘‘to those 
governments’’; and 
(ii) in paragraph (2), in the second 
sentence— 
(I) by striking ‘‘persons who’’ 
and inserting ‘‘representatives of Fed-
eral, State, local, or Tribal govern-
ments that’’; and 
(II) by striking ‘‘, including resi-
dents of rural areas’’; 
(3) in section 564— 
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154 
(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); 
(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 
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155 
(ii) by striking ‘‘publications,’’ and all 
that follows through the period at the end 
and inserting ‘‘publications.’’; and 
(5) in section 569(a), in the first sentence— 
(A) by striking ‘‘and encourage agency use 
of’’; and 
(B) by inserting ‘‘between Federal, State, 
local, and Tribal governments’’ after ‘‘nego-
tiated rulemaking’’. 
(b) TECHNICAL AND CONFORMING AMENDMENTS.— 
(1) BALANCED BUDGET ACT OF 1997.—Section 
4554(b)(1) of the Balanced Budget Act of 1997 (42 
U.S.C. 1395u note) is amended by striking ‘‘, using 
a negotiated rulemaking process under subchapter 
III of chapter 5 of title 5, United States Code’’. 
(2) ELEMENTARY AND SECONDARY EDUCATION 
ACT OF 1965.—The Elementary and Secondary 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 
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156 
(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’’. 
(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’’; 
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157 
(C) by striking paragraphs (2) through 
(9); 
(D) by redesignating subparagraph (B) of 
paragraph (1) as paragraph (2) and adjusting 
the margins accordingly; and 
(E) in paragraph (2), as so redesignated, 
by striking ‘‘subparagraph (A)’’ and inserting 
‘‘paragraph (1)’’. 
(4) HIGHER
EDUCATION
ACT
OF
1965.—The 
Higher Education Act of 1965 (20 U.S.C. 1001 et 
seq.) is amended— 
(A) in section 207 (20 U.S.C. 1022f)— 
(i) by striking subsection (c); and 
(ii) by redesignating subsection (d) as 
subsection (c); 
(B) in section 422(g)(1) (20 U.S.C. 
1072(g)(1))— 
(i) in subparagraph (B), by adding 
‘‘and’’ at the end; 
(ii) in subparagraph (C), by striking 
‘‘; and’’ and inserting a period; and 
(iii) by striking subparagraph (D); 
(C) in section 487A(b)(3)(B) (20 U.S.C. 
1094a(b)(3)(B)), by striking ‘‘in the negotiated 
rulemaking process’’; 
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158 
(D) in section 491(l)(4)(A) (20 U.S.C. 
1098(l)(4)(A)), by striking ‘‘, not later than two 
years after the completion of the negotiated 
rulemaking process required under section 492 
resulting from the amendments to this Act 
made by the Higher Education Opportunity 
Act,’’; and 
(E) in section 492 (20 U.S.C. 1098a)— 
(i) in the section heading, by striking 
‘‘NEGOTIATED’’; and 
(ii) by amending subsection (b) to 
read as follows: 
‘‘(b) ISSUANCE OF REGULATIONS.—After obtaining 
the advice and recommendations described in subsection 
(a)(1), the Secretary shall issue final regulations within 
the 360-day period described in section 437(e) of the Gen-
eral Education Provisions Act (20 U.S.C. 1232(e)).’’. 
(5) HOUSING ACT OF 1949.—Section 515(r)(3) 
of the Housing Act of 1949 (42 U.S.C. 1485(r)(3)) 
is amended by striking ‘‘in accordance with’’ and all 
that follows through the period at the end and in-
serting ‘‘under the 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 
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159 
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-
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— 
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160 
(A) in the section heading, by striking 
‘‘NEGOTIATED’’; 
(B) by striking subsections (b) through 
(h); 
(C) in subsection (a)— 
(i) by redesignating paragraph (2) as 
subsection (b) and adjusting the margins 
accordingly; 
(ii) by striking ‘‘ESTABLISHMENT’’ 
and all that follows through ‘‘The Sec-
retary of Health and Human Services (in 
this section referred to as the ‘Secretary’) 
shall establish, through a negotiated rule-
making process under subchapter 3 of 
chapter 5 of title 5, United States Code,’’ 
and 
inserting 
‘‘ESTABLISHMENT.—The 
Secretary of Health and Human Services 
(in this section referred to as the ‘Sec-
retary’) shall establish’’; 
(iii) by redesignating subparagraphs 
(A) and (B) as paragraphs (1) and (2), re-
spectively, and adjusting the margins ac-
cordingly; and 
(iv) in paragraph (1), as so redesig-
nated, by adding ‘‘and’’ at the end; and 
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161 
(D) in subsection (b), as so redesignated, 
by striking ‘‘paragraph (1)’’ and inserting ‘‘sub-
section (a)’’. 
(9) PRICE-ANDERSON
AMENDMENTS
ACT
OF 
1988.—Section 19 of the Price-Anderson Amend-
ments Act of 1988 (42 U.S.C. 2210 note) is amend-
ed— 
(A) by striking subsection (b); and 
(B) in subsection (a)— 
(i) by striking ‘‘RULEMAKING’’ and all 
that follows through ‘‘The Nuclear’’ and 
inserting ‘‘RULEMAKING PROCEEDING.— 
The Nuclear’’; and 
(ii) by redesignating paragraph (2) as 
subsection (b) and adjusting the margins 
accordingly. 
(10) SOCIAL
SECURITY
ACT.—Title XVIII of 
the Social Security Act (42 U.S.C. 1395 et seq.) is 
amended— 
(A) in section 1834(l)(1) (42 U.S.C. 
1395m(l)(1)), by striking ‘‘through a negotiated 
rulemaking process described in title 5, United 
States Code, and’’; and 
(B) in section 1856(a) (42 U.S.C. 1395w– 
26(a))— 
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162 
(i) by striking paragraphs (2) through 
(9); 
(ii) in paragraph (1)— 
(I) 
by 
striking 
‘‘ESTABLISH-
MENT’’ and all that follows through 
‘‘The Secretary’’ and inserting ‘‘ES-
TABLISHMENT.—The Secretary’’; 
(II) by striking ‘‘and using a ne-
gotiated rulemaking process under 
subchapter III of chapter 5 of title 5, 
United States Code’’; and 
(III) by redesignating subpara-
graphs (B) and (C) as paragraphs (2) 
and (3), respectively, and adjusting 
the margins accordingly; and 
(iii) in paragraph (2), as so redesig-
nated— 
(I) by striking ‘‘subparagraph 
(A)’’ and inserting ‘‘paragraph (1)’’; 
and 
(II) by redesignating clauses (i), 
(ii), and (iii) as subparagraphs (A), 
(B), and (C), respectively, and adjust-
ing the margins accordingly. 
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163 
(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’’; 
(B) by striking ‘‘; or’’ and inserting a pe-
riod; and 
(C) by striking subparagraph (B). 
(13) TOXIC SUBSTANCES CONTROL ACT.—Sec-
tion 8(a) of the Toxic Substances Control Act (15 
U.S.C. 2607(a)) is amended— 
(A) by striking paragraph (6); and 
(B) by redesignating paragraph (7) as 
paragraph (6). 
(14) UNITED STATES HOUSING ACT OF 1937.— 
Section 9 of the United States Housing Act of 1937 
(42 U.S.C. 1437g) is amended by repealing sub-
section (f). 
SEC. 306. STREAMLINING OIRA REVIEW. 
(a) DEFINITIONS.—In this section— 
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164 
(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.— 
(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-
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165 
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 
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. 
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166 
(d) RULE OF CONSTRUCTION.—Nothing in this sec-
tion shall be construed— 
(1) as an endorsement by Congress of— 
(A) the institution of centralized regulatory 
review; or 
(B) the procedural steps or requirements 
of an Executive order affecting administrative 
procedure; or 
(2) as a requirement that the President— 
(A) conduct centralized regulatory review; 
or 
(B) adopt, administer, or implement an 
Executive order affecting administrative proce-
dure. 
SEC. 307. LIMITING TEMPORARY COURT INJUNCTIONS AND 
POSTPONING OF FINAL RULES PENDING JU-
DICIAL REVIEW. 
Section 705 of title 5, United States Code, is amend-
ed— 
(1) by striking the first sentence; and 
(2) by adding at the end the following: ‘‘Not-
withstanding the preceding sentence, with respect to 
agency action relating to notice and comment rule-
making under section 553 of this title, on such con-
ditions as may be required and to the extent nec-
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167 
essary to prevent irreparable injury, only the review-
ing court to which a case may be taken on appeal 
from or on application for certiorari or other writ to 
a reviewing court or to the United States District 
Court for the District of Columbia may issue all nec-
essary and appropriate process to postpone the effec-
tive date of the agency action or to preserve status 
or rights pending conclusion of the review pro-
ceedings.’’. 
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)(1) In this subsection, the term ‘covered person’ 
means— 
‘‘(A) any person who is or is required to be reg-
istered as a corporate lobbyist, as defined in section 
3 of the Lobbying Disclosure Act of 1995 (2 U.S.C. 
1602); 
‘‘(B) any for-profit corporation; 
‘‘(C) any entity described in section 501(c)(6) 
of the Internal Revenue Code of 1986 of which 1 or 
more members are for-profit corporations; and 
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168 
‘‘(D) any person working on behalf of a for- 
profit corporation, including any person com-
pensated by or otherwise financially supported by a 
corporation, for the purpose of submitting a state-
ment or entry with respect to a rulemaking under 
this section. 
‘‘(2) Any covered person that uses any false writing 
or document knowing the same to contain any materially 
false, fictitious, or fraudulent statement or entry with re-
spect 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’. 
‘‘(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; 
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169 
‘‘(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. 
‘‘(2) The duties of the Office of the Public Advocate 
shall include— 
‘‘(A) assisting individuals in resolving conflicts 
with agencies; 
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170 
‘‘(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 
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— 
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171 
(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 
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-
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172 
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 
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-
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173 
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: 
‘‘(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 
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(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.’’. 
SEC. 312. EXPANDING RULE MAKING 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-
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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 
‘‘(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.’’. 
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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— 
(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-
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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— 
(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; 
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(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: 
‘‘§ 630. Judicial Education Fund 
‘‘(a) DEFINITIONS.—In this section— 
‘‘(1) the term ‘Board’ means the Board of the 
Federal Judicial Center established in section 621; 
‘‘(2) the term ‘Fund’ means the Judicial Edu-
cation Fund established under subsection (b); 
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‘‘(3) the term ‘institution of higher education’ 
has the meaning given that term under section 
101(a) of the Higher Education Act of 1965 (20 
U.S.C. 1001(a)); 
‘‘(4) the term ‘national bar association’ means 
a national organization that is open to general mem-
bership to all members of the bar; 
‘‘(5) the term ‘private judicial seminar’— 
‘‘(A) means a seminar, symposia, panel 
discussion, course, or a similar event that pro-
vides continuing legal education to judges; and 
‘‘(B) does not include— 
‘‘(i) seminars that last 1 day or less 
and are conducted by, and on the campus 
of, an institute of higher education; 
‘‘(ii) seminars that last 1 day or less 
and are conducted by a national bar asso-
ciation or State or local bar association for 
the benefit of the bar association member-
ship; or 
‘‘(iii) seminars of any length con-
ducted by, and on the campus of an insti-
tute of higher education or by a national 
bar association or State or local bar asso-
ciation, where a judge is a presenter and 
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at which judges constitute less than 25 
percent of the participants; and 
‘‘(6) the term ‘State or local bar association’ 
means a State or local organization that is open to 
general membership to all members of the bar in the 
specified geographic region. 
‘‘(b) FUND.—There is established within the United 
States Treasury a fund to be known as the ‘Judicial 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. Necessary expenses shall 
not include expenditures for recreational activities or en-
tertainment other than that provided to all attendees as 
an integral part of the private judicial seminar. Any pay-
ment from the Fund shall be approved by the Board. 
‘‘(d) REQUIRED INFORMATION.—The Board may ap-
prove a private judicial seminar after submission of infor-
mation by the sponsor of that private judicial seminar that 
includes— 
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‘‘(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 (in-
cluding any amicus briefs submitted by the sponsor) 
and the presenters at the private judicial seminar 
(including the litigation activities of the employer of 
each presenter) on the topic related to those ad-
dressed at the private judicial seminar. 
‘‘(e) PUBLIC AVAILABILITY.—If the Board approves 
a private judicial seminar, the Board shall make the infor-
mation submitted under subsection (d) relating to the pri-
vate judicial seminar available to judges and the public 
by posting the information online. 
‘‘(f) GUIDELINES.—The Judicial Conference shall 
promulgate guidelines to ensure that the Board only ap-
proves private judicial seminars that are conducted in a 
manner so as to maintain the public’s confidence in an 
unbiased and fair-minded judiciary. 
‘‘(g) AUTHORIZATION OF APPROPRIATIONS.—There 
are authorized to be appropriated for deposit in the Fund 
$3,000,000 for each of fiscal years 2019, 2020, and 2021, 
to remain available until expended.’’. 
(2) TECHNICAL
AND
CONFORMING
AMEND-
MENT.—The table of sections for chapter 42 of title 
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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 
acceptance of a gift in connection with a private ju-
dicial seminar. 
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(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, 
United States Code, as in effect on the 
date of enactment of this Act. 
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SEC. 403. CODE OF CONDUCT. 
(a) SENSE OF CONGRESS.—It is the sense of Con-
gress that in order for justices and judges, both of the 
supreme and inferior courts, to hold their offices during 
‘‘good behaviour’’ under section 1 of article III of the Con-
stitution of the United States, the judges and justices 
shall, among other requirements, adhere to the Code of 
Conduct for United States Judges adopted by the Judicial 
Conference of the United States described in this section. 
(b) APPLICABILITY.—The Code of Conduct for 
United States Judges adopted by the Judicial Conference 
of the United States shall apply to the justices of the Su-
preme Court of the United States to the same extent as 
such Code applies to circuit and district judges. 
(c) ENFORCEMENT.—The Judicial Conference shall 
establish procedures, modeled after the procedures set 
forth in chapter 16 of title 28, United States Code, under 
which— 
(1) complaints alleging that a justice of the 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 material, nonfrivolous complaints and 
any accompanying material are immediately referred 
to the Supreme Court Review Committee established 
in section 415; and 
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(3) further action, where appropriate, is taken 
by the Conference, with respect to such complaints. 
(d) SUBMISSION TO CONGRESS; EFFECTIVE DATE.— 
(1) SUBMISSION TO CONGRESS.—Not later than 
180 days after the date of enactment of this Act, the 
Judicial Conference shall submit to Congress the 
procedures established under subsection (b). 
(2) EFFECTIVE DATE.—The procedures estab-
lished under subsection (b) shall take effect 1 year 
after the date of enactment of this Act. 
SEC. 404. IMPROVING DISCLOSURE. 
(a) FINANCIAL REPORTS.—Section 103(h) of the 
Ethics in Government Act of 1978 (5 U.S.C. App.) is 
amended by adding at the end the following: 
‘‘(3) Not later than 90 days after a report is filed 
under this title by an individual described in section 
109(10), the Judicial Conference shall make publicly avail-
able online, at no cost, each report required under this 
title that is filed with the Judicial Conference in a format 
that is searchable, sortable, machine-readable, download-
able, and accessible in multiple languages and to individ-
uals with disabilities.’’. 
(b) RECUSAL DECISIONS.—Section 455 of title 28, 
United States Code, is amended by adding at the end the 
following: 
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‘‘(g) RECUSAL LISTS.— 
‘‘(1) Each justice, judge, and magistrate judge 
of the United States shall maintain and submit to 
the Judicial Conference a list of each association or 
interest that would require the justice, judge, or 
magistrate to be recused under subsection (b)(4). 
‘‘(2) The Judicial Conference shall maintain 
and make publicly available online, at no cost, each 
list required under this subsection that is filed with 
the Judicial Conference in a format that is search-
able, sortable, machine-readable, downloadable, and 
accessible format, and accessible in multiple lan-
guages and to individuals with disabilities. 
‘‘(3) The Judicial Conference may issue public 
or private guidance to justices, judges, and mag-
istrate judges of the United States regarding the 
contents of the lists under this subsection to ensure 
such lists comply with the disqualification require-
ments of (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 
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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 format that is searchable, sortable, ma-
chine-readable, downloadable, and accessible in mul-
tiple languages and to individuals with disabilities. 
(3) REGULATIONS.—Not later than 180 days 
after the date of enactment of this Act, the Judicial 
Conference of the United States shall promulgate 
regulations regarding the types of oral 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 
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the United States shall be made available online con-
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 or 
threaten the safety 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, downloadable, and accessible in multiple 
languages and to individuals with disabilities. 
(2) CONTENTS.—The case assignment data 
made available under paragraph (1) shall include, at 
a minimum, and to the extent available, the case 
title, docket number, case origin, filing date, and 
name of each authoring judge, concurring judge, and 
dissenting judge for each opinion issued in the case. 
(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-
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gate regulations requiring an evaluation of, and improve-
ments to, the website of each district court of the United 
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. 
(g) ACCESSIBILITY.—The Judicial Conference shall 
make efforts to ensure that the any disclosures required 
under this section are made available to the public in plain 
language, in a variety of languages, and accessible to indi-
viduals with disabilities. 
SEC. 
405. 
APPOINTMENT 
OF 
ADMINISTRATIVE 
LAW 
JUDGES. 
(a) IN GENERAL.—Section 3105 of title 5, United 
States Code is amended by inserting after the first 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. 
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(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 
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, religion, disability status, sexual 
orientation, gender identity, national origin, and profes-
sional experience (including any law firms where the 
judges previously practiced law) before being appointed a 
justice or judge of the United States.’’. 
SEC. 407. PLEADING STANDARDS. 
(a) IN GENERAL.—Rule 12 of the Federal Rules of 
Civil Procedure is amended by adding at the end the 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 
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‘‘(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 
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. ELECTRONIC COURT RECORDS REFORM. 
(a) DEFINITIONS.—In this section: 
(1) ADMINISTRATOR.—The term ‘‘Adminis-
trator’’ means the Administrator of General Serv-
ices. 
(2) DIRECTOR.—The term ‘‘Director’’ means 
the Director of the Administrative Office of the 
United States Courts. 
(3) MACHINE-READABLE.—The term ‘‘machine- 
readable’’ means a format in which information or 
data can be easily processed by a computer without 
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human intervention while ensuring no semantic 
meaning is lost. 
(b) CONSOLIDATION OF THE CASE MANAGEMENT/ 
ELECTRONIC CASE FILES SYSTEM.— 
(1) IN GENERAL.—Not later than 2 years after 
the date of the enactment of this Act, the Director, 
in coordination with the Administrator, shall— 
(A) consolidate the Case Management/ 
Electronic Case Files system; and 
(B) develop 1 system for all filings with 
courts of the United States, which shall be ad-
ministered by the Administrative Office of the 
United States Courts. 
(2) USE OF TECHNOLOGY.—In developing the 
system under paragraph (1), the Director shall use 
modern technology— 
(A) to improve security, data accessibility, 
affordability, and performance; and 
(B) to minimize the burden on pro se liti-
gants. 
(3) AVAILABILITY TO STATES.— 
(A) IN GENERAL.—A State may choose to 
participate in the system developed under this 
subsection. 
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193 
(B) FEE.—The Director shall charge a fee 
to a State that chooses to participate in the sys-
tem developed under this subsection at a level 
sufficient to recover the cost of providing the 
services associated with the administration and 
maintenance of the system to the State. 
(c) PUBLIC
ACCESS
TO
COURT
ELECTRONIC 
RECORDS SYSTEM REQUIREMENTS.— 
(1) IN GENERAL.—Not later than 2 years after 
the date of the enactment of this Act, the Director, 
in coordination with the Administrator, shall update 
the Public Access to Court Electronic Records sys-
tem, which shall be subject to the following require-
ments: 
(A) A document filed with a court shall be 
made publicly accessible upon filing, except as 
ordered by a court or by rule of the Judicial 
Conference of the United States. 
(B) All documents on the system shall be 
available to the public and to parties before the 
court free of charge. 
(C) Any information that is prohibited 
from public disclosure by law or court order 
shall be redacted. 
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194 
(D) All documents shall be text-searchable 
and machine-readable. 
(E) To the extent practicable, external 
websites shall be able to link to documents on 
the system. 
(F) The system shall include any available 
digital audio and visual files of court record-
ings. 
(G) The system shall provide search func-
tions for public use. 
(2) MINIMIZING THE BURDEN ON PRO SE LITI-
GANTS.—In developing the system to comply with 
the requirements under paragraph (1), the Director 
shall, to the extent practicable, not impose a dis-
proportionate impact on pro se litigants. 
(3) USE OF TECHNOLOGY.—In developing the 
system under paragraph (1), the Director shall use 
modern technology— 
(A) to improve security, data accessibility 
(including accessibility to individuals with dis-
abilities), affordability, and performance; and 
(B) to minimize the burden on pro se liti-
gants. 
(4) AUTHORITY
TO
EXEMPT
CERTAIN
DOCU-
MENTS.—The Director may identify categories of— 
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