I 
115TH CONGRESS 
2D SESSION 
H. R. 7140 
To improve the anti-corruption and public integrity laws, and for other 
purposes. 
IN THE HOUSE OF REPRESENTATIVES 
NOVEMBER 16, 2018 
Ms. JAYAPAL (for herself, Mr. SARBANES, Mr. RASKIN, Ms. CLARKE of New 
York, Ms. LEE, Ms. BASS, Ms. NORTON, Ms. SCHAKOWSKY, and Mr. 
POCAN) introduced the following bill; which was referred to the Com-
mittee on the Judiciary, and in addition to the Committees on Oversight 
and Government Reform, House Administration, Ways and Means, Fi-
nancial Services, Intelligence (Permanent Select), Rules, Foreign Affairs, 
Armed Services, and the Budget, for a period to be subsequently deter-
mined by the Speaker, in each case for consideration of such provisions 
as fall within the jurisdiction of the committee concerned 
A BILL 
To improve the anti-corruption and public integrity laws, 
and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Anti-Corruption and 
Public Integrity Act’’. 
SEC. 2. TABLE OF CONTENTS. 
The table of contents for this Act is as follows: 
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Sec. 1. Short title. 
Sec. 2. Table of contents. 
Sec. 3. Applicability. 
TITLE I—PUBLIC INTEGRITY, ETHICS, CONFLICTS OF INTEREST, 
AND REVOLVING DOOR 
Subtitle A—Conflicts of Interest 
Sec. 101. Definitions. 
Sec. 102. Lobbyist ban. 
Sec. 103. Conflicts of interest law expansions. 
Sec. 104. Golden parachutes ban. 
Sec. 105. Conflicts of interest rules for senior government officials. 
Sec. 106. General public integrity rules. 
Sec. 107. Legal expense funds. 
Sec. 108. Penalties. 
Subtitle B—Presidential Conflicts of Interest 
Sec. 111. Short title. 
Sec. 112. Divestiture of personal financial interests of the President and Vice 
President that pose a potential conflict of interest. 
Sec. 113. Recusal of appointees. 
Sec. 114. Contracts by the President or Vice President. 
Sec. 115. Presidential transition ethics programs. 
Sec. 116. Sense of Congress regarding violations. 
Sec. 117. Rule of construction. 
Sec. 118. Severability. 
TITLE II—LOBBYING REFORM 
Sec. 201. Enforcement by the Office of Public Integrity. 
Sec. 202. Definitions. 
Sec. 203. Registration of lobbyists. 
Sec. 204. Reports by lobbyists. 
Sec. 205. Prohibition on foreign lobbying. 
Sec. 206. Prohibition of contributions by lobbyists. 
Sec. 207. Prohibition on contingent fee lobbying. 
Sec. 208. Prohibition on provision of gifts or travel by registered lobbyists. 
Sec. 209. Application of General Schedule to Congress. 
Sec. 210. Reestablishment of Office of Technology Assessment. 
Sec. 211. Progressive tax on lobbying expenditures. 
Sec. 212. Disclosure of registration status. 
TITLE III—RULEMAKING REFORM 
Sec. 301. Disclosure of conflicts of interest. 
Sec. 302. Increasing disclosures relating to studies and research. 
Sec. 303. Disclosure of inter-governmental rule changes. 
Sec. 304. Justification of withdrawn rules. 
Sec. 305. Negotiated rulemaking. 
Sec. 306. Streamlining OIRA review. 
Sec. 307. Limiting temporary court injunctions and postponing of final rules 
pending judicial review. 
Sec. 308. Penalizing individuals that submit false information to agencies. 
Sec. 309. Establishment of the Office of the Public Advocate. 
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Sec. 310. Actions by private persons. 
Sec. 311. Scope of review. 
Sec. 312. Expanding rulemaking notifications. 
Sec. 313. Public petitions. 
Sec. 314. Amendment to Congressional Review Act. 
Sec. 315. Cost-benefit analysis. 
Sec. 316. Sense of Congress. 
TITLE IV—JUDICIAL ETHICS 
Sec. 401. Clarification of gift ban. 
Sec. 402. Restrict privately funded educational events and speeches. 
Sec. 403. Code of Conduct. 
Sec. 404. Improving disclosure. 
Sec. 405. Appointment of administrative law judges. 
Sec. 406. Improve reporting on judicial diversity. 
Sec. 407. Pleading standards. 
Sec. 408. Availability of judicial opinions. 
TITLE V—ENFORCEMENT 
Subtitle A—Office of Public Integrity 
Sec. 511. Establishment of Office of Public Integrity. 
Sec. 512. Designated agency ethics officials. 
Subtitle B—Inspectors General 
Sec. 531. General supervision and removal of Inspectors General. 
Subtitle C—Office of Congressional Ethics 
Sec. 551. Definitions. 
Sec. 552. The Office of Congressional Ethics. 
Sec. 553. Establishment of the Board of the Office of Congressional Ethics. 
Sec. 554. Duties and Powers of the Office and the Board. 
Sec. 555. Review process of complaints. 
Sec. 556. Personnel matters. 
Sec. 557. Authorization of appropriations. 
Sec. 558. Conforming amendments and rules of construction. 
Subtitle D—Applicability 
Sec. 571. Applicability. 
TITLE VI—TRANSPARENCY AND GOVERNMENT RECORDS 
Subtitle A—Transparency for Federal Personnel and Candidates for Federal 
Office 
Sec. 601. Categories relating to the amount or value of certain income. 
Sec. 602. Disclosure of personal income tax returns by Presidents, Vice Presi-
dents, Members of Congress, and certain candidates. 
Sec. 603. Transparency relating to candidates for Federal office and Members 
of Congress. 
Subtitle B—Think Tank, Nonprofit, and Advocate Transparency 
Sec. 611. Amendments to the Lobbying Disclosure Act of 1995. 
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Sec. 612. Amendments to the Internal Revenue Code of 1986. 
Subtitle C—Strengthening FOIA Enforcement 
Sec. 621. Strengthening FOIA enforcement. 
Sec. 622. Exemptions from disclosure. 
Sec. 623. Public interest balancing test. 
Sec. 624. Affirmative disclosure of agency records on website. 
Sec. 625. Applicability. 
Subtitle D—Federal Contractor Transparency 
Sec. 631. Expanding applicability of the Freedom of Information Act to Fed-
eral contractors. 
Sec. 632. Public disclosure by large contractors. 
Subtitle E—Congressional Transparency 
Sec. 641. Increased transparency of committee work. 
Sec. 642. Increased transparency of recorded votes. 
Sec. 643. Increased transparency of appropriations bills. 
SEC. 3. APPLICABILITY. 
Except as provided otherwise in this Act, this Act and 
the amendments made by this Act shall apply on and after 
the date that is 1 year after the date of enactment of this 
Act. 
TITLE 
I—PUBLIC 
INTEGRITY, 
ETHICS, CONFLICTS OF IN-
TEREST, 
AND 
REVOLVING 
DOOR 
Subtitle A—Conflicts of Interest 
SEC. 101. DEFINITIONS. 
In this title: 
(1) AGENCY.—The term ‘‘agency’’ has the 
meaning given the term in section 551 of title 5, 
United States Code. 
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(2) AGENT
OF
A
FOREIGN
PRINCIPAL.—The 
term ‘‘agent of a foreign principal’’ has the meaning 
given the term in section 1 of the Foreign Agents 
Registration Act of 1938 (22 U.S.C. 611). 
(3) BANK
HOLDING
COMPANY.—The term 
‘‘bank holding company’’ has the meaning given the 
term in section 2 of the Bank Holding Company Act 
of 1956 (12 U.S.C. 1841). 
(4) CORPORATE
LOBBYIST.—The term ‘‘cor-
porate lobbyist’’ has the meaning given the term in 
section 109 of the Ethics in Government Act of 
1978, as amended by section 202 of this Act. 
(5) COVERED ENTITY.—The term ‘‘covered en-
tity’’ means any entity that is— 
(A)(i) a for-profit company; or 
(ii) a bank holding company, a savings and 
loan holding company, or any other financial in-
stitution; and 
(B)(i) operating under Federal settlement, 
including a Federal consent decree; or 
(ii) the subject of an enforcement action in 
a court of the United States or by an agency. 
(6) EXECUTIVE AGENCY.—The term ‘‘Executive 
agency’’— 
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(A) has the meaning given the term in sec-
tion 105 of title 5, United States Code; and 
(B) includes the Executive Office of the 
President. 
(7) GROSS
RECEIPTS.—The term ‘‘gross re-
ceipts’’ has the meaning given the term in section 
993(f) of the Internal Revenue Code of 1986. 
(8) LOBBYIST.—The term ‘‘lobbyist’’ has the 
meaning given the term in section 109 of the Ethics 
in Government Act of 1978, as amended by section 
202 of this Act. 
(9) QUALIFIED
SMALL
BUSINESS.—The term 
‘‘qualified small business’’ means a corporation, 
company, firm, partnership, or other business enter-
prise, that has gross receipts for the previous tax-
able year of less than $5,000,000. 
(10) SAVINGS AND LOAN HOLDING COMPANY.— 
The term ‘‘savings and loan holding company’’ has 
the meaning given the term in section 10(a) of the 
Home Owners’ Loan Act (12 U.S.C. 1467a(a)). 
(11) SENIOR
EXECUTIVE.—The term ‘‘senior 
executive’’ includes— 
(A) a chief executive officer; 
(B) a chief financial officer; 
(C) a chief operating officer; 
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(D) a chief compliance officer; 
(E) any senior government relationship of-
ficial; and 
(F) any other senior executive, as deter-
mined by the Director of the Office of Public 
Integrity. 
(12) SENIOR
GOVERNMENT
OFFICIAL.—The 
term ‘‘senior government official’’ means— 
(A) any individual described in section 
101(f) of the Ethics in Government Act of 1978 
(5 U.S.C. App.), including— 
(i) any individual in a position on any 
level of the Executive Schedule under sub-
chapter II of chapter 53 of title 5, United 
States Code; 
(ii) a political appointee in the Execu-
tive Office of President or in the Office of 
the Vice President; and 
(iii) an individual employed in a posi-
tion in the executive branch of the Govern-
ment of a confidential or policy-deter-
mining character under schedule C of sub-
part C of part 213 of title 5, Code of Fed-
eral Regulations; 
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(B) an individual employed in a position in 
the Senior Executive Service; 
(C) an individual employed in a position at 
the GS–14 level or higher; and 
(D) an individual employed in a position 
not under the General Schedule for which the 
rate of basic pay is equal to or greater than the 
minimum rate of basic pay payable for GS–14 
of the General Schedule. 
SEC. 102. LOBBYIST BAN. 
(a) LOBBYISTS.— 
(1) EXECUTIVE BRANCH.— 
(A) LOBBYISTS.—No former registered 
lobbyist or agent of a foreign principal who has 
engaged in a lobbying contact, as defined in 
section 3 of the Lobbying Disclosure Act of 
1995 (2 U.S.C. 1602), during his or her reg-
istration may be hired as an officer or employee 
of an Executive agency during the 2-year period 
beginning on the date on which the registered 
lobbyist terminates his or her registration in ac-
cordance with section 4(d) of the Lobbying Dis-
closure Act of 1995 (2 U.S.C. 1603(d)) or the 
agent terminates his or her status, as applica-
ble. 
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(B) CORPORATE
LOBBYISTS.—No former 
registered corporate lobbyist may be hired as an 
officer or employee of an Executive agency dur-
ing the 6-year period beginning on the date on 
which the registered corporate lobbyist termi-
nates its registration in accordance with section 
4(d) of the Lobbying Disclosure Act of 1995 (2 
U.S.C. 1603(d)) or the agent terminates its sta-
tus, as applicable. 
(C) WAIVER RULES AND ELIGIBILITY.— 
(i) POSITIONS
REQUIRING
SENATE 
CONFIRMATION.—The President may waive 
the ban described in subparagraph (A) for 
any appointment to a position in an Exec-
utive agency that requires the advice and 
consent of the Senate based on a compel-
ling national need. 
(ii) OTHER
POSITIONS.—The Presi-
dent or the Director of the Office of Public 
Integrity may waive the ban described in 
subparagraph (A) and the prior employer 
recusal provision described in section 
208(e) of title 18, United States Code, as 
added by section 103(a) of this Act for any 
appointment to a position in an Executive 
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agency that does not require the advice 
and consent of the Senate. 
(iii) REQUIREMENTS.—A waiver made 
under this subparagraph shall— 
(I) be made publicly available 
and searchable by the Director of the 
Office of Public Integrity; 
(II) include a justification sent to 
Congress for why the registered lob-
byist or agent of a foreign principal, 
as applicable, brings unique and rel-
evant expertise such that it is not 
practical to find an alternative can-
didate with the same skill set; and 
(III) with respect to a nomina-
tion to a position described in clause 
(i)— 
(aa) specifically identify the 
next-best candidate who was not 
a registered lobbyist or agent of 
a foreign principal, as applicable; 
and 
(bb) include a justification 
for why the next-best candidate 
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(i) IN
GENERAL.—Any Member of 
Congress may waive the ban described in 
subparagraph (A) for an officer or em-
ployee of that Member of Congress or of a 
committee of either House of Congress on 
which the Member serves as a chair or 
ranking member based on a compelling na-
tional need. 
(ii) REQUIREMENTS.—A waiver made 
under this subparagraph shall— 
(I) be submitted to the Select 
Committee on Ethics of the Senate or 
the Committee on Ethics of the House 
of Representatives, as applicable, and 
to the Office of Congressional Ethics; 
(II) be made publicly available 
and searchable by the Office of Con-
gressional Ethics; 
(III) include a justification made 
publicly available for why the reg-
istered lobbyist or agent of a foreign 
principal, as applicable, brings unique 
and relevant expertise such that it is 
not practical to find an alternative 
candidate with the same skill set; and 
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(IV) be made only after the Con-
gressional Ethics Board submits to 
the Member of Congress and to the 
Select Committee on Ethics of the 
Senate or the Committee on Ethics of 
the House of Representatives, as ap-
plicable, a public recommendation re-
garding such a waiver. 
(b) OTHER BANNED INDIVIDUALS.— 
(1) CONTRACTORS.— 
(A) IN GENERAL.—No former employee of 
a for-profit entity that was awarded a Federal 
contract or Federal license by an Executive 
agency may be an officer or employee of the 
Executive agency that awarded the contract or 
Federal license during the 4-year period begin-
ning on the date on which the employee termi-
nates its employment with the entity. 
(B) WAIVER.—The ban described in sub-
paragraph (A) may be waived in accordance 
with subsection (a)(1)(C). 
(2) SENIOR
EXECUTIVES
OF
LAW-BREAKING 
COMPANIES.—No former senior executive of a cov-
ered entity may be an officer or employee of an Ex-
ecutive agency, a Member of Congress, a committee 
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of either House of Congress, or either House of Con-
gress during the 6-year period beginning on the later 
of— 
(A) the date of the settlement; and 
(B) the date on which the enforcement ac-
tion has concluded. 
SEC. 103. CONFLICTS OF INTEREST LAW EXPANSIONS. 
(a) EXECUTIVE BRANCH.—Section 208 of title 18, 
United States Code, is amended by adding at the end the 
following: 
‘‘(e)(1) In this subsection, the term ‘Executive agen-
cy’ has the meaning given the term in section 101 of the 
Anti-Corruption and Public Integrity Act. 
‘‘(2)(A) No officer or employee of an Executive agen-
cy may own or trade any individual 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 if the Director of the Office 
of Public Integrity (or the designated agency ethics official 
of the agency that employs the individual) determines that 
the value of the stock or security may be directly influ-
enced by an action of the Executive agency. 
‘‘(B) Subparagraph (A) shall not apply to— 
‘‘(i) a widely held investment fund described in 
section 102(f)(8) of the Ethics in Government Act of 
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1978 (5 App. U.S.C. 102(f)(8)), if such investment 
meets 
the 
requirements 
described 
in 
section 
105(b)(2) of the Anti-Corruption and Public Integ-
rity Act; 
‘‘(ii) shares of Settlement Common Stock issued 
under section 7(g)(1)(A) of the Alaska Native 
Claims Settlement Act (43 U.S.C. 1606(g)(1)(A)); 
or 
‘‘(iii) shares of Settlement Common Stock, as 
defined in section 3 of the Alaska Native Claims 
Settlement Act (43 U.S.C. 1602). 
‘‘(C) Whoever violates subparagraph (A) shall be 
punished as provided in section 216. 
‘‘(D) The Director of the Office of Public Integrity 
may waive subparagraph (A) for an officer or employee 
of an Executive agency on a case-by-case basis if the Di-
rector— 
‘‘(i) determines that there is no possibility for, 
or the appearance of, a conflict of interest; or 
‘‘(ii) approves a plan for necessary recusals that 
ensures that no conflict of interest exists. 
‘‘(3)(A) Except as provided in subparagraphs (B) 
and (C), each officer and employee of any Executive agen-
cy shall be recused from, and may not in any way attempt 
to use their official position to influence, any particular 
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matter, including an adjudication, procurement, or rule-
making, that the officer or employee knows is likely to 
have a direct and predictable effect on the financial inter-
est of— 
‘‘(i) any person for whom the officer or em-
ployee had, during the previous 4-year period, served 
as an officer, director, trustee, general partner, 
agent, attorney, consultant, contractor, employee, or 
direct competitor; or 
‘‘(ii) any organization other than a political or-
ganization described in section 527(e) of the Inter-
nal Revenue Code of 1986 in which the employee is 
an active participant. 
‘‘(B) This paragraph shall not apply to— 
‘‘(i) the President; 
‘‘(ii) the Vice President; 
‘‘(iii) any individual in a position on any level 
of the Executive Schedule under subchapter II of 
chapter 53 of title 5; 
‘‘(iv) any individual appointed to a position in 
an Executive agency by and with the advice and con-
sent of the Senate; 
‘‘(v) an officer or employee who served as an of-
ficer, director, trustee, general partner, agent, attor-
ney, consultant, contractor, or employee of a tribal 
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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 organiza-
tion or intertribal consortium; or 
‘‘(vi) any individual who receives a waiver under 
subparagraph (C). 
‘‘(C)(i) The Director of Public Integrity may waive 
the requirements of this paragraph for any officer or em-
ployee (except individuals described in clause (iii)(III)). 
‘‘(ii) Officers and employees may only apply to the 
Director of Public Integrity for a waiver under this sub-
paragraph if the individual agrees to comply with the Con-
flicts of Interest Rules for Senior Government Officials in 
subsections (a) and (c) of section 105 of the Anti-Corrup-
tion and Public Integrity Act. 
‘‘(iii) A waiver made under this subparagraph— 
‘‘(I) shall be made publicly available and 
searchable; 
‘‘(II) shall include a justification sent to Con-
gress for why the waiver is in the national interest; 
and 
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‘‘(III) may not be granted if the individual re-
ceived a waiver under section 102(a)(1)(C) of the 
Anti-Corruption and Public Integrity Act. 
‘‘(iv) The Director of Public Integrity may deny a 
waiver under this subparagraph for any reason.’’. 
(b) LEGISLATIVE BRANCH.— 
(1) DIVESTMENT.—Except as provided in para-
graph (5), no senior government official in the legis-
lative branch (including Members of Congress) may 
own or trade any individual stock, bonds, com-
modity, future, and other form of security, including 
an interest in a hedge fund, a derivative, option, or 
other complex investment vehicle. 
(2) COMMITTEE STAFF RULE.—No officer or 
employee of a committee of either House of Con-
gress may maintain, own, or trade any substantial 
holdings (including individual stocks and securities) 
which may be directly affected by the actions of the 
committee for which the individual works, unless the 
Select Committee on Ethics of the Senate or the 
Committee on Ethics of the House of Representa-
tives, as applicable, approves of such holdings in 
writing after consultation with the supervisor of the 
officer or employee and the Office of Congressional 
Ethics. 
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(3) GENERAL CONFLICTS OF INTEREST RULE 
FOR
CONGRESSIONAL
STAFF
AND
MEMBERS.—No 
Member, officer, or employee of a committee or 
Member of either House of Congress may knowingly 
use his or her official position to introduce or aid the 
progress or passage of legislation, a principal pur-
pose of which is to further only his or her pecuniary 
interest, only the pecuniary interest of his or her im-
mediate family, or only the pecuniary interest of a 
limited class of persons or enterprises, when he or 
she, or his or her immediate family, or enterprises 
controlled by them, are members of the affected 
class. 
(4) GENERAL STOCK AND SECURITIES RULE.— 
An officer or employee of a committee or Member of 
either House of Congress, who is not a senior gov-
ernment employee covered by paragraph (1), shall be 
in violation of paragraph (3) if— 
(A) the officer or employee owns or trades 
individual stocks or securities; and 
(B) the value of such stocks or securities 
may be influenced by actions taken by the indi-
vidual in his or her official position, as deter-
mined by the Select Committee on Ethics of the 
Senate or the Committee on Ethics of the 
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House of Representatives, as applicable, in con-
sultation with the Office of Congressional Eth-
ics. 
(5) EXCEPTION.—Nothing in this subsection 
shall be construed to prevent an employee or officials 
of a Member of Congress or a Member of Congress 
from owning— 
(A) a widely held investment fund de-
scribed in section 102(f)(8) of the Ethics in 
Government Act of 1978 (5 App. U.S.C. 
102(f)(8)), if the investment meets the require-
ments described in section 105(b)(2); 
(B) 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 
(C) shares of Settlement Common Stock, 
as defined in section 3 of the Alaska Native 
Claims Settlement Act (43 U.S.C. 1602). 
SEC. 104. 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 
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(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 linked to future service in the Federal 
Government in any way. 
‘‘(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. 105. CONFLICTS OF INTEREST RULES FOR SENIOR 
GOVERNMENT OFFICIALS. 
(a) REQUIRED DIVESTMENTS OF CONFLICTED AS-
SETS.— 
(1) STOCKS AND SECURITIES.—No senior gov-
ernment official may own or trade any individual 
stock, bonds, commodity, future, and other form of 
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security, including an interest in a hedge fund, a de-
rivative, option, or other complex investment vehicle. 
(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)(B). 
(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 agency determines that the trust 
includes any— 
(i) asset that might present a conflict 
of interest; or 
(ii) individual stock, bonds, com-
modity, future, and other form of security, 
including an interest in a hedge fund, a de-
rivative, option, or other complex invest-
ment vehicle. 
(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.— 
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(A) IN GENERAL.—No senior government 
official may maintain ownership in a privately 
owned or closely held corporation, company, 
firm, partnership, or other business enterprise. 
(B) EXCEPTION.—Subparagraph (A) shall 
not apply to a qualified small business. 
(b) NONCONFLICTED ASSETS.— 
(1) IN GENERAL.—A senior government official 
may maintain assets that do not present a conflict 
of interest, including— 
(A) a widely held investment fund— 
(i) described in section 102(f)(8) of 
the Ethics in Government Act of 1978 (5 
U.S.C. App.); and 
(ii) that meets the requirements de-
scribed in paragraph (2); 
(B) 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 
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the Thrift Savings Plan under sub-
chapter III of chapter 84 of such 
title); or 
(II) any other retirement system 
maintained by the United States for 
officers or employees of the United 
States, including the President, or for 
members of the uniformed services; 
(ii) benefits received under the Social 
Security Act (42 U.S.C. 301 et seq.); and 
(iii) an asset in the Federal Employee 
Investment Account described in para-
graph (3); 
(E) bonds, bills, and notes issued by a gov-
ernmental sources, such as the Federal Govern-
ment, State, or other municipality; 
(F) shares of Settlement Common Stock 
issued under section 7(g)(1)(A) of the Alaska 
Native Claims Settlement Act (43 U.S.C. 
1606(g)(1)(A)); and 
(G) shares of Settlement Common Stock, 
as defined in section 3 of the Alaska Native 
Claims Settlement Act (43 U.S.C. 1602). 
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(2) WIDELY
HELD
INVESTMENT
FUND
RE-
QUIREMENTS.—A senior government official may not 
maintain a widely held investment fund, unless— 
(A) the widely held investment fund is cer-
tified as not presenting a conflict of interest by 
the applicable supervising ethics office; and 
(B) any instructions to a manager of the 
widely held investment fund are shared with the 
applicable supervising ethics office. 
(3) FEDERAL
EMPLOYEE
INVESTMENT
AC-
COUNT.— 
(A) IN GENERAL.—There are established 
in the Treasury of the United States accounts 
for senior government officials to maintain in-
vestments in the stock and securities markets to 
be known as Federal Employee Investment Ac-
counts. 
(B) DIVESTMENT.—To comply with the re-
quirements under this Act, a senior government 
official may sell an asset or security, including 
those assets or securities that present a conflict 
of interest under subsection (a), and invest the 
resulting funds into the Federal Employee In-
vestment Accounts. 
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(C) MANAGEMENT.—The Federal Retire-
ment Thrift Investment Board shall manage 
Federal Employee Investment Accounts in a 
manner similar to other retirement funds man-
aged by the Board and in accordance with sub-
chapter III of chapter 84 of title 5, United 
States Code, for any Federal employee or offi-
cial who wishes to temporarily invest funds. 
(D) WITHDRAWAL.—A senior government 
officials may withdraw funds from their Federal 
Employee Investment Account at any time 
without penalty. 
(c) POST-EMPLOYMENT RESTRICTIONS.— 
(1) IN
GENERAL.—Section 207 of title 18, 
United States Code, is amended— 
(A) by striking subsections (c), (d), and (e) 
and inserting the following: 
‘‘(c) LOBBYING RESTRICTIONS.— 
‘‘(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— 
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‘‘(A) works as a registered lobbyist; or 
‘‘(B) knowingly makes, with the intent to 
influence, any communication to or appearance 
before any officer or employee of any depart-
ment, agency, Member, officer, or employee of 
either House of Congress or any employee of 
any other legislative office of the Congress, on 
behalf of any other person (except the United 
States or the District of Columbia) for 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, 
shall be punished as provided 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, any communication to or 
appearance before their former office, agency, 
or House of Congress, for compensation, shall 
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‘‘(I) the date on which a Presi-
dent other than the President serving 
during the 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.’’; 
(B) 
by 
redesignating 
subsections 
(f) 
through (l) as subsections (d) through (j), re-
spectively; and 
(C) 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— 
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‘‘(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-
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.). 
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‘‘(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 in a position 
on any level of the Executive Schedule 
under subchapter II of chapter 53 of 
title 5, United States Code; 
‘‘(II) a political appointee in the 
Executive Office of President or in the 
Office of the Vice President; and 
‘‘(III) an individual employed in 
a position in the executive branch of 
the Government of a confidential or 
policy-determining 
character 
under 
schedule C of subpart C of part 213 
of title 5 of the Code of Federal Reg-
ulations; 
‘‘(ii) an individual employed in a posi-
tion in the Senior Executive Service; 
‘‘(iii) an individual employed in a po-
sition at the GS–14 level or higher; and 
‘‘(iv) an individual employed in a posi-
tion not under the General Schedule for 
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which the rate of basic pay is equal to or 
greater than the minimum rate of basic 
pay payable for GS–14 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 agency, department, or 
congressional office that the corporation, company, 
firm, partnership, or other business enterprise made 
a lobbying contact in the past 2 years. 
‘‘(3) SPECIAL RULES.— 
‘‘(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 
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 signed 
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off on 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 agency that granted the 
contract or license) during the 4-year period be-
ginning on the date on which the officer termi-
nated employment with the United States. 
‘‘(B) GIANT BANKS AND COMPANIES.— 
‘‘(i) IN GENERAL.—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 em-
ployment with the United States. 
‘‘(ii) INCOME DISCLOSURES.— 
‘‘(I) IN
GENERAL.—Not later 
than 1 year after the date of enact-
ment of this clause, each senior gov-
ernment official who terminates serv-
ice on or after the date that is 1 year 
after the date of enactment of this 
clause shall submit to the Director of 
the Office of Public Integrity an an-
nual 
disclosure 
that 
includes 
all 
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sources of income for the 4-year pe-
riod beginning on the date on which 
the government official terminated 
employment with the United States. 
‘‘(II) PUBLICLY
AVAILABLE.— 
The Director of the Office of Public 
Integrity shall make a disclosure 
made under subclause (I) publicly 
available for any official who had a re-
port made in accordance with title I 
of the Ethics in Government Act of 
1978 (5 U.S.C. App.) made publicly 
available. 
‘‘(III) 
AUTOMATIC
DISCLO-
SURE.— 
‘‘(aa) IN
GENERAL.—Each 
senior government official subject 
to the disclosure requirement in 
subclause (I) may consent to 
allow the Director of the Office 
of Public Integrity to obtain from 
the Commissioner of Internal 
Revenue the information nec-
essary to meet the requirements 
of subclause (I), such that addi-
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tional action is not required of 
the senior government official 
after such individual files a tax 
return. 
‘‘(bb) SAFE
HARBOR.—Any 
individual who consents under 
item (aa) shall not be subject to 
subclause (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 Integrity and the Commis-
sioner of Internal Revenue shall enter 
into 
a 
cooperative 
agreement 
or 
memorandum of understanding to es-
tablish secure means to allow for the 
necessary information exchange in 
subclause (III) for senior government 
officials who wish to avail themselves 
of the automatic disclosure under sub-
clause (III). 
‘‘(V) PENALTIES.— 
‘‘(aa) CIVIL
ACTION.—The 
Attorney General or the Director 
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such person is required to 
disclose under this clause. 
‘‘(BB) 
PENALTIES.— 
Any person who violates the 
first sentence of subitem 
(AA) shall be fined under 
title 18, United States Code, 
imprisoned for not more 
than 1 year, or both. Any 
person who violates the sec-
ond sentence of subitem 
(AA) shall be fined under 
title 18, United States Code. 
‘‘(4) PENALTIES.— 
‘‘(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— 
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‘‘(i) in the case of an initial violation, 
be not less than 1 percent of the net profit 
of the entity or giant bank or company for 
the previous year; 
‘‘(ii) in the case of a second violation, 
not less than 2 percent of the net profit of 
the entity or giant bank or company for 
the previous year; and 
‘‘(iii) in the case of a third or subse-
quent violation, not less than 5 percent of 
the net profit of the entity or giant bank 
or company for the previous year. 
‘‘(C) OTHER PENALTIES AND SANCTIONS 
COMPANIES.—In addition to a civil penalty im-
posed under this clause, after reasonable notice 
and an opportunity for a hearing, if the Direc-
tor of the Office of Public Integrity determines 
that a company has violated paragraph (2) or 
(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 
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Government for a period of time not to ex-
ceed 8 years; and 
‘‘(ii) prohibiting the company from 
doing business with the Federal Govern-
ment, receiving a contract or license from 
the Federal Government, or otherwise par-
ticipating in Federal Government pro-
grams, for a period of time not to exceed 
8 years. 
‘‘(D) CIVIL
PENALTIES
FOR
EXECUTIVE 
OFFICERS OF COMPANIES.— 
‘‘(i) DEFINITION.—In this subclause, 
the term ‘compensation’ includes, based on 
information required to be reported 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 
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an opportunity for a hearing, that an exec-
utive officer of an entity or giant bank or 
company has knowingly, or with gross neg-
ligence, violated paragraph (2) or (3)(B), 
or contributed to the violation of a para-
graph (2) or (3)(B), the Director may as-
sess a civil penalty against the executive 
officer not to exceed the amount of the of-
ficer’s compensation for each year during 
which the violations occurred. 
‘‘(E) MITIGATING
FACTORS.—In deter-
mining the amount of any penalties assessed 
under this paragraph, the Director of the Office 
of Public Integrity or the court shall take into 
account the appropriateness of the penalty with 
respect to— 
‘‘(i) the size of financial resources and 
good faith of the entity, giant bank or 
company, or senior executive; 
‘‘(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. 
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‘‘(F) AUTHORITY
TO
MODIFY
OR
REMIT 
PENALTY.—The Director of the Office of Public 
Integrity may compromise, modify, or remit any 
penalty under this paragraph, which may be as-
sessed or had already been assessed. The 
amount of such penalty, when finally deter-
mined, shall be exclusive of any sums owed by 
the person to the United States in connection 
with the costs of the proceeding, and may be 
deducted from any sums owing by the United 
States to the person charged. 
‘‘(G) NOTICE
AND
HEARING.—No civil 
penalty may be assessed under this paragraph 
with respect to a violation of paragraph (2) or 
(3)(B) unless— 
‘‘(i) the Director of the Office of Pub-
lic Integrity gives notice and an oppor-
tunity for a hearing to the person accused 
of the violation; or 
‘‘(ii) the appropriate court has or-
dered such assessment and entered judg-
ment in favor of the Director of the Office 
of Public Integrity.’’. 
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(2) TECHNICAL
AND
CONFORMING
AMEND-
MENTS.—Section 207 of title 18, United States 
Code, is amended— 
(A) in subsection (d), as redesignated by 
paragraph (1) of this subsection, is amended by 
striking ‘‘(d), or (e)’’; 
(B) in subsection (f)(2), as redesignated by 
paragraph (1) of this subsection, in the second 
sentence, by striking ‘‘(c)(2)(A)(i) or (iii)’’ and 
inserting ‘‘(c)’’; 
(C) in subsection (g)(1), as redesignated 
by paragraph (1) of this subsection— 
(i) in subparagraph (A), by striking 
‘‘(a), (c), and (d)’’ and inserting ‘‘(a) and 
(c)’’; and 
(ii) in subparagraph (B), by striking 
‘‘(f)’’ and inserting ‘‘(d)’’; and 
(D) in subsection (h), as redesignated by 
paragraph (1) of this subsection— 
(i) by striking ‘‘subsections (c), (d), 
and (e)’’ each place the term appears and 
inserting ‘‘subsection (c)’’; 
(ii) in paragraph (5), by striking ‘‘(a), 
(c), and (d)’’ and inserting ‘‘(a) and (c)’’; 
and 
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(iii) in paragraph (7)(B), by striking 
‘‘subsections (c), (d), or (e)’’ and inserting 
‘‘subsection (c)’’. 
(3) RESTRICTIONS ON FEDERAL EXAMINERS OF 
FINANCIAL
INSTITUTIONS.—Section 10(k) of the 
Federal Deposit Insurance Act (12 U.S.C. 1820(k)) 
is amended— 
(A) in the subsection header, by striking 
‘‘ONE-YEAR’’ and inserting ‘‘FOUR-YEAR’’; and 
(B) in paragraph (1)— 
(i) in subparagraph (B), by striking 
‘‘senior’’; and 
(ii) in subparagraph (C), by striking 
‘‘1 year’’ and inserting ‘‘4 years’’. 
SEC. 106. 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-
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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 a Special Government 
Employee beginning on the date that is 61 days after the 
date on which the Special Government Employee com-
mences employment. 
(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— 
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(A) commercial debt such as residential 
mortgages, car loans, credit card debt, student 
loans, or any debts owed to domestic financial 
institutions on terms generally available to the 
public; or 
(B) meetings with domestic financial insti-
tutions. 
SEC. 107. 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, 
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in accordance with the requirements of section; 
and 
(E) that may accept contributions, in ac-
cordance with this section; 
(2) the term ‘‘lobbying activity’’ has the mean-
ing given that term in section 3 of the Lobbying 
Disclosure Act of 1995 (2 U.S.C. 1602); 
(3) the term ‘‘officer or employee’’ means— 
(A) an officer, as defined in section 2104 
of title 5, United States Code; 
(B) an employee, as defined in section 
2105 of title 5, United States Code; 
(C) a Member of Congress, as defined in 
section 2106 of title 5, United States Code; 
(D) the Vice President; and 
(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-
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mulgated under this section, an officer or employee may 
establish, maintain, and use a legal expense fund. 
(c) LIMITS ON CONTRIBUTIONS.—The Director of the 
Office of Public Integrity shall promulgate regulations es-
tablishing limits with respect to contributions to legal ex-
pense funds for officers or employees, which shall, at a 
minimum, prohibit an officer or employee from accepting 
contributions for a legal expense fund— 
(1) from a single contributor (other than a rel-
ative of the officer or employee) in a total amount 
of more than $5,000 during any calendar year; 
(2) from a registered lobbyist; 
(3) from an agent of a foreign principal; 
(4) from any person seeking official action from 
or doing business with the agency, office, or entity 
employing the officer or employee; 
(5) from any person conducting activities regu-
lated by the agency, office, or entity employing 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-
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bying activities, or on whose behalf lobbying activi-
ties have been engaged with, with respect to the Ex-
ecutive agency during the 2-year period ending on 
the date of the contribution. 
(d) WRITTEN NOTICE.— 
(1) IN GENERAL.—An officer or employee who 
wishes to establish 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-
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ceived and approved the written notice submitted 
under paragraph (1). 
(e) REPORTING.— 
(1) IN GENERAL.—An officer or employee who 
establishes a legal expense fund shall submit to the 
supervising ethics office with respect to the officer or 
employee a quarterly report that discloses, with re-
spect 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. 
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SEC. 108. PENALTIES. 
(a) CIVIL FINES.—The Attorney General or the Di-
rector of the Office of Public Integrity may bring a civil 
action in the appropriate United States district court 
against any person who engages in conduct constituting 
a violation of this title 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 title, the Attorney Gen-
eral or the Director of the Office of Public Integrity, as 
applicable, may petition an appropriate United States dis-
trict court for an order prohibiting that person from en-
gaging in such conduct. The court may issue an order pro-
hibiting that person from engaging in such conduct if the 
court finds that the conduct constitutes such an offense. 
The filing of a petition under this section does not pre-
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clude any other remedy which is available by law to the 
United States or any other person. 
Subtitle B—Presidential Conflicts 
of Interest 
SEC. 111. SHORT TITLE. 
This title may be cited as the ‘‘Presidential Conflicts 
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— 
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(i) would constitute a financial inter-
est described in subsection (a) of section 
208 of title 18, United States Code— 
(I) if— 
(aa) for purposes of such 
section 208, the terms ‘‘officer’’ 
and ‘‘employee’’ included the 
President and the Vice President; 
and 
(bb) the President or Vice 
President, as applicable, partici-
pated as described in subsection 
(a) of such section 208 in rela-
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; 
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(C) the term ‘‘qualified blind trust’’ has 
the meaning given that term in section 
102(f)(3) of the Ethics in Government Act of 
1978 (5 U.S.C. App.), unless otherwise speci-
fied in this title; 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.— 
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(A) IN GENERAL.—Not later than 30 days 
after assuming the office of President or Vice 
President, respectively, the President and Vice 
President shall submit to Congress and the Di-
rector of the Office of Public Integrity a disclo-
sure of financial interests. 
(B) APPLICATION TO SITTING PRESIDENT 
AND VICE PRESIDENT.—For any individual who 
is serving as the President or Vice President on 
the date of enactment of this Act, the disclosure 
of financial interests shall be submitted to Con-
gress and the Director of the Office of Public 
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 
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(I) the 3 most recent taxable 
years; and 
(II) each taxable year for which 
an audit of the return by the Internal 
Revenue Service is pending on the 
date the report is filed. 
(c) DIVESTITURE OF FINANCIAL INTERESTS POSING 
A POTENTIAL CONFLICT OF INTEREST.— 
(1) IN
GENERAL.—The President, the Vice 
President, the spouse of the President or Vice 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 a reasonable pe-
riod of time after the date a financial interest is 
transferred to a qualified blind trust under para-
graph (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.— 
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(1) IN GENERAL.—The Director of the Office of 
Public Integrity shall submit to Congress, the Presi-
dent, and the Vice President an annual report re-
garding the financial interests of the President, the 
Vice President, the spouse of the President or Vice 
President, and any minor child of the President or 
Vice President. 
(2) CONTENTS.—Each report submitted under 
paragraph (1) shall— 
(A) indicate whether any financial interest 
of the President, the Vice President, the spouse 
of the President or Vice President, or a minor 
child of the President or Vice President is a fi-
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 
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social security numbers or taxpayer identifica-
tion numbers. 
(e) ENFORCEMENT.— 
(1) IN GENERAL.—The Attorney General, the 
attorney general of any State, or any person ag-
grieved by any violation of subsection (c) may seek 
declaratory or injunctive relief in a court of com-
petent jurisdiction if— 
(A) the Director of the Office of Public In-
tegrity is unable to issue a report indicating 
whether the President or the Vice President is 
in substantial compliance with subsection (c); or 
(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: 
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‘‘(f)(1) Any officer or employee appointed by the 
President shall recuse himself or herself from any par-
ticular matter involving specific parties in which a party 
to that matter is— 
‘‘(A) the President who appointed the officer or 
employee, which shall include any entity in which the 
President has a substantial interest; or 
‘‘(B) the spouse of the President who appointed 
the officer or employee, which shall include any enti-
ty in which the spouse of the President has a sub-
stantial interest. 
‘‘(2)(A) Subject to subparagraph (B), if an officer or 
employee is recused under paragraph (1), a career ap-
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, 
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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; 
‘‘(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— 
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(1) in the section heading, by inserting ‘‘the 
President, Vice President, or a’’ after 
‘‘Contracts by’’; and 
(2) in the first undesignated paragraph, by in-
serting ‘‘the President or Vice President,’’ after 
‘‘Whoever, being’’. 
(b) TABLE OF SECTIONS AMENDMENT.—The table of 
sections for chapter 23 of title 18, United States Code, 
is amended by striking the item relating to section 431 
and inserting the following: 
‘‘431. Contracts by the President, Vice President, or a Member of Congress.’’. 
SEC. 115. PRESIDENTIAL TRANSITION ETHICS PROGRAMS. 
The Presidential Transition Act of 1963 (3 U.S.C. 
102 note) is amended— 
(1) in section 3(f) by adding at the end the fol-
lowing: 
‘‘(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 Gov-
ernment Reform of the House of Representatives a list 
of— 
‘‘(A) any individual for whom an application for 
a security clearance was submitted, not later than 
10 days after the date on which the application was 
submitted; and 
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‘‘(B) any individual provided a security clear-
ance, not later than 10 days after the date on which 
the security clearance was provided.’’; 
(2) in section 4— 
(A) in subsection (a)— 
(i) in paragraph (3), by striking 
‘‘and’’ at the end; 
(ii) by redesignating paragraph (4) as 
paragraph (5); and 
(iii) by inserting after paragraph (3) 
the following: 
‘‘(4) the term ‘nonpublic information’— 
‘‘(A) means information from the Federal 
Government that a transition member obtains 
as part of the employment of the member that 
such member knows or reasonably should know 
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 
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‘‘(ii) is not authorized by the appro-
priate government agency or official to be 
released to the public; and’’; and 
(B) in subsection (g)— 
(i) in paragraph (1), by striking ‘‘No-
vember’’ and inserting ‘‘October’’; and 
(ii) by adding at the end the fol-
lowing: 
‘‘(3) ETHICS PLAN.— 
‘‘(A) IN GENERAL.—Each memorandum of 
understanding under paragraph (1) shall in-
clude an agreement that the eligible candidate 
will implement and enforce an ethics plan to 
guide the conduct of the transition beginning on 
the date on which the eligible candidate be-
comes the President-elect. 
‘‘(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; 
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‘‘(ii) a description of how the transi-
tion team will— 
‘‘(I) address the role on the tran-
sition team of— 
‘‘(aa) 
lobbyists 
registered 
under the Lobbying Disclosure 
Act of 1995 (2 U.S.C. 1601 et 
seq.) and individuals who were 
former lobbyists registered under 
that Act; 
‘‘(bb) 
persons 
registered 
under the Foreign Agents Reg-
istration Act (22 U.S.C. 611 et 
seq.), foreign nationals, and other 
foreign agents; and 
‘‘(cc) transition team mem-
bers with sources of income or 
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 
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former employment, affiliations, cli-
ents, or investments, from working on 
particular matters involving specific 
parties that affect the interests of 
such member; and 
‘‘(III) address how the covered 
eligible candidate will address their 
own conflicts of interest during a 
Presidential term if the covered eligi-
ble candidate becomes the President- 
elect; 
‘‘(iii) a Code of Ethical Conduct, to 
which each member of the transition team 
will sign and be subject to, that reflects 
the content of the ethics plans under this 
paragraph and at a minimum requires 
transition team members to— 
‘‘(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 
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with the transition and exclusively use 
such information for the purposes of 
the transition; and 
‘‘(III) not use any nonpublic in-
formation provided in the course of 
transition duties, in any manner, for 
personal or private gain for the mem-
ber or any other party at any time 
during or after the transition; and 
‘‘(iv) a description of how the transi-
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)— 
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(i) in subparagraph (A), by striking 
‘‘and’’ at the end; 
(ii) in subparagraph (B), by striking 
the period at the end and inserting a semi-
colon; and 
(iii) by adding at the end the fol-
lowing: 
‘‘(C) a list of all positions each transition 
team member has held outside the Federal Gov-
ernment for the previous 12-month period, in-
cluding paid, unpaid, and uncompensated posi-
tions; 
‘‘(D) sources of compensation of each tran-
sition team member exceeding $5,000 a year for 
the previous 12-month period; 
‘‘(E) a description of the role of the mem-
ber on the transition team, including a list of 
any policy issues that the member expects to 
work on, and a list of agencies the member ex-
pects to interact with, while serving on the 
transition team; 
‘‘(F) a list of any issues from which each 
transition team member will be recused while 
serving as a member of the transition team pur-
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suant to the transition team ethics plan out-
lined in section 4(g)(3); and 
‘‘(G) an affirmation that the transition 
team member does not have a financial conflict 
of interest that precludes the member from 
working on the matters described in subpara-
graph (E).’’; 
(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. SENSE OF CONGRESS REGARDING VIOLATIONS. 
It is the sense of Congress that a violation of section 
102 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. 
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SEC. 117. RULE OF CONSTRUCTION. 
Nothing in this title or an amendment made by this 
title shall be construed to violate the Constitution of the 
United States. 
SEC. 118. SEVERABILITY. 
If any provision of this title or any amendment made 
by this title, 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 
title and the amendments made by this title, and the appli-
cation of the provision or amendment to any other person 
or circumstance, shall not be affected. 
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 (2 U.S.C. 1603)— 
(A) in subsection (a)(1), 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 
(B) in subsection (d), in the flush text fol-
lowing paragraph (2), by striking ‘‘Secretary of 
the Senate and the Clerk of the House of Rep-
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resentatives’’ 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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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 redesignating paragraphs (4) through 
(16) as paragraphs (6) through (18), respectively; 
(2) by redesignating paragraph (3) as para-
graph (4); 
(3) by inserting after paragraph (2) the fol-
lowing: 
‘‘(3) 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 
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‘‘(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.’’; 
(4) by inserting after paragraph (4), as so re-
designated, the following: 
‘‘(5) 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; and 
‘‘(ii) a political organization, as de-
fined in section 527 of such Code, that is 
exempt from taxation under that section.’’; 
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(5) in paragraph (9), as so redesignated, by in-
serting ‘‘provision of strategic advice, and’’ after 
‘‘planning activities,’’; 
(6) in paragraph (10)(B), as so redesignated— 
(A) by striking clause (v); and 
(B) by redesignating clauses (vi) through 
(xix) as clauses (v) through (xviii), respectively; 
and 
(7) by striking paragraph (12), as so redesig-
nated, and inserting the following: 
‘‘(12) 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)— 
(A) in paragraph (1)— 
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(i) by striking ‘‘45’’ and inserting 
‘‘30’’; 
(ii) by striking ‘‘first makes a lob-
bying contact’’ and all that follows through 
‘‘retained to make a lobbying contact’’ and 
inserting ‘‘is first employed or retained to 
engage in lobbying activities on behalf of a 
client or first engages in lobbying activi-
ties’’; and 
(iii) by striking ‘‘45th’’ each place the 
term appears and inserting ‘‘30th’’; 
(B) in paragraph (3)— 
(i) in subparagraph (A)— 
(I) by redesignating clauses (i) 
and (ii) as subclauses (I) and (II), re-
spectively, and adjusting the margins 
accordingly; 
(II) in the matter preceding sub-
clause (I), as so redesignated, by 
striking ‘‘entity whose—’’ and insert-
ing the following: ‘‘entity— 
‘‘(i) of which the—’’; 
(III) in clause (i), as so des-
ignated— 
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(aa) in subclause (I), as so 
redesignated, by inserting ‘‘, as 
estimated under section 5’’ after 
‘‘$2,500’’; and 
(bb) in subclause (II), as so 
redesignated, by inserting ‘‘as es-
timated 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)— 
(aa) by striking ‘‘(as esti-
mated under section 5)’’; and 
(bb) by striking ‘‘with re-
spect to such client’’ and insert-
ing ‘‘, in the case of a person or 
entity described in subclause (I) 
or (II) of clause (i), with respect 
to such client, or, in the case of 
a person or entity described in 
clause (ii), with respect to any 
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client of the person or entity.’’; 
and 
(ii) in subparagraph (B), by striking 
‘‘subparagraph (A)’’ and inserting ‘‘sub-
paragraph (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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(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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‘‘(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 on behalf of 
more than 1 client, the registrant shall file a separate reg-
istration for each client.’’. 
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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, in-
cluding, to the maximum extent practicable, a 
statement of each bill number and reference to 
any specific Federal rule or regulation, Execu-
tive order, or any other program, policy, or po-
sition of the United States Government; 
‘‘(B) each lobbying activity that the reg-
istrant has engaged 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, including the 
subject of the meeting, the date of the 
meeting, and the name and position of 
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each individual who was a party to the 
meeting; 
‘‘(iii) each phone call made that con-
stituted a lobbying contact, including the 
subject of the phone call, the date of the 
phone call, and the name and position of 
each individual who was a party to the 
phone call; and 
‘‘(iv) each email sent that constituted 
a lobbying contact, 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 but engaged in lobbying activities in 
support of the lobbying contact and a descrip-
tion of any such lobbying activity; and 
‘‘(D) with respect to any person or entity 
retained by the registrant to engage in lobbying 
activities on behalf of the client of the reg-
istrant— 
‘‘(i) the name, address, business tele-
phone number, and principal place of busi-
ness of the person or entity; 
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‘‘(ii) a description of any lobbying ac-
tivity 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 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 by the person or entity on 
behalf of the client of the registrant; and 
‘‘(v) the official action or inaction re-
quested in the course of the lobbying activ-
ity;’’. 
(2) in paragraph (4), by striking ‘‘and’’ at the 
end; 
(3) in paragraph (5), by striking the period and 
inserting ‘‘; and’’; and 
(4) by adding at the end the following: 
‘‘(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.’’. 
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(b) ESTIMATES BASED ON TAX REPORTING SYS-
TEM.—Section 15 of the Lobbying Disclosure Act (2 
U.S.C. 1610) is repealed. 
SEC. 205. PROHIBITION ON FOREIGN LOBBYING. 
(a) IN GENERAL.—The Lobbying Disclosure Act of 
1995 (2 U.S.C. 1601 et seq.) is amended— 
(1) by redesignating section 26 (2 U.S.C. 1614) 
as section 28; and 
(2) by inserting after section 25 (2 U.S.C. 
1613) the following: 
‘‘SEC. 26. PROHIBITION ON FOREIGN LOBBYING. 
‘‘(a) DEFINITION.—In this section— 
‘‘(1) the term ‘covered lobbyist’ means— 
‘‘(A) a lobbyist that is registered or is re-
quired to register under section 4(a)(1); 
‘‘(B) an organization that employs 1 or 
more lobbyists and is registered, or is required 
to register, under section 4(a)(2); and 
‘‘(C) an employee listed or required to be 
listed as a lobbyist by a registrant under section 
4(b)(6) or 5(b)(2)(C); and 
‘‘(2) the terms ‘information-service employee’, 
‘public-relations counsel’, and ‘publicity agent’ have 
the meanings given those terms in section 1 of the 
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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. 
‘‘(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-
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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. 
‘‘(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 
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of the Neutrality Act of 1939 (22 U.S.C. 441 et 
seq.), and such rules and regulations as may be pre-
scribed thereunder. 
‘‘(5) CERTAIN PERSONS QUALIFIED TO PRAC-
TICE LAW.— 
‘‘(A) IN GENERAL.—A person qualified to 
practice law, insofar as the person engages, or 
agrees to engage in, the legal representation of 
a disclosed foreign entity before any court of 
law or any agency of the Government of the 
United States. 
‘‘(B) LEGAL REPRESENTATION.—For the 
purpose of this paragraph, legal representation 
does not include any attempt to influence or 
persuade agency personnel or officials other 
than in the course of— 
‘‘(i) a judicial proceeding; 
‘‘(ii) a criminal or civil law enforce-
ment inquiry, investigation, or proceeding; 
or 
‘‘(iii) an agency proceeding required 
by statute or regulation to be conducted on 
the record. 
‘‘(d) PENALTIES.—Any person who knowingly vio-
lates this section shall be fined not more than $200,000, 
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imprisoned for not more than 5 years, or both, and any 
compensation received for engaging in the unlawful activ-
ity shall be subject to disgorgement.’’. 
(b) CONFORMING AMENDMENT.—Section 7 of the 
Lobbying Disclosure Act of 1995 (2 U.S.C. 1606) is 
amended— 
(1) in subsection (a), in the matter preceding 
paragraph (1), by striking ‘‘Whoever’’ and inserting 
‘‘Except as otherwise provided in this Act, whoever’’; 
and 
(2) in subsection (b), by striking ‘‘Whoever’’ 
and inserting ‘‘Except as otherwise provided in this 
Act, whoever’’. 
SEC. 206. PROHIBITION OF CONTRIBUTIONS BY LOBBYISTS. 
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. PROHIBITION OF CONTRIBUTIONS BY LOBBY-
ISTS. 
‘‘(a) IN GENERAL.—It shall be unlawful for any lob-
byist to make a contribution to any candidate for Federal 
office or Member of Congress. 
‘‘(b) LOBBYIST DEFINED.—In this section, the term 
‘lobbyist’ means a lobbyist, as defined in section 3 of the 
Lobbying Disclosure Act of 1995 (2 U.S.C. 1602), that 
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is registered or is required to register under section 4(a) 
of that Act.’’. 
SEC. 207. 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, 
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imprisoned for not more than 5 years, or both, and any 
compensation received for engaging in the unlawful activ-
ity shall be subject to disgorgement.’’. 
SEC. 208. 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 
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‘‘(2) the gift or travel— 
‘‘(A) is based on the personal or family re-
lationship of the person with the covered legis-
lative branch official or a covered executive 
branch official and is given with the knowledge 
and acquiescence of the covered legislative 
branch official or a covered executive branch of-
ficial, unless the covered legislative branch offi-
cial or a covered executive branch official has 
reason to believe that the gift or travel was 
given because of the official position of the cov-
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— 
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‘‘(i) issued by the agency that employs 
the covered executive branch official; and 
‘‘(ii) approved by the Director of the 
Office of Public Integrity; or 
‘‘(F) may be accepted by the covered legis-
lative branch official or covered executive 
branch official under specific Federal statutory 
authority.’’. 
SEC. 209. 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 
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(7) Section 105 of the Legislative Branch Ap-
propriation Act, 1968 (2 U.S.C. 4575) is amended— 
(A) by striking subsection (a); 
(B) by striking subsection (c); 
(C) by striking subsection (e); and 
(D) by striking subsection (f). 
(8) Section 114 of the Legislative Branch Ap-
propriation Act, 1978 (2 U.S.C. 4576) is amended 
by striking ‘‘maximum rate specified’’ and all that 
follows and inserting ‘‘rate payable for a position at 
level 15, step 10 of the General Schedule.’’. 
(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. 210. 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 
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appropriated to the Office such sums as may be nec-
essary.’’. 
(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. 
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(2) REVIEW.—Not later than 90 days after the 
date on which Congress receives the recommenda-
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 
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Disabilities Act of 1990 (42 U.S.C. 12209(4)) is 
amended by striking ‘‘following:,’’ and inserting ‘‘fol-
lowing: the Office of Technology Assessment,’’. 
(e) TECHNICAL AMENDMENTS.—Section 7(e)(1) of 
the Technology Assessment Act of 1972 (2 U.S.C. 
476(e)(1)) is amended by striking ‘‘section 5702 and in 
5704 of title 5’’ and inserting ‘‘sections 5702 and 5704 
of title 5, United States Code’’. 
SEC. 211. 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. 
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‘‘If quarterly lobbying 
expenditures are: 
The tax is: 
Over 
$250,000 
but 
not 
over 
$1,250,000.
$43,750, plus 60% of the excess over 
$250,000. 
Over $1,250,000 ............................
$643,750, plus 75% of the excess 
over $1,250,000. 
‘‘(b) EXCEPTION.— 
‘‘(1) IN GENERAL.—Except as provided in 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 
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Lobbying Disclosure Act of 1995) during such calendar 
quarter. 
‘‘(e) SPECIAL RULE.—For purposes of this section, 
all persons treated as a single employer under subsection 
(a) or (b) of section 52 shall be treated as a single per-
son.’’. 
(B) 
CONFORMING
AMENDMENT.—The 
table of subchapters for chapter 33 of such 
Code is amended by inserting after the item re-
lated to subchapter C the following new item: 
‘‘SUBCHAPTER D—LOBBYING ACTIVITIES’’. 
(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— 
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‘‘(i) the formulation, modification, or 
adoption of Acts, bills’’; and 
(ii) by adding at the end the following 
new subparagraphs: 
‘‘(ii) the formulation, modification, or 
adoption of a Federal rule, regulation, Ex-
ecutive order, or any other program, policy, 
or position of the United States Govern-
ment, 
‘‘(iii) the administration or execution 
of a Federal program or policy (including 
the negotiation, award, or administration 
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. 
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(b) LOBBYING DEFENSE TRUST FUND.— 
(1) ESTABLISHMENT OF FUND.— 
(A) IN GENERAL.—Subchapter A of chap-
ter 98 of the Internal Revenue Code of 1986 is 
amended by adding at the end the following 
new section: 
‘‘SEC. 9512. LOBBYING DEFENSE TRUST FUND. 
‘‘(a) IN GENERAL.—There is established in the 
Treasury of the United States a trust fund to be known 
as the ‘Lobbying Defense Trust Fund’, consisting of any 
amount appropriated or credited to the Trust Fund as 
provided in this section or section 9602(b). 
‘‘(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 
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100 
‘‘(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.— 
‘‘(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— 
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101 
‘‘(i) the amount of taxes received in 
the Treasury under section 4286 that are 
attributable to lobbying expenditures dur-
ing the previous quarter; by 
‘‘(ii) the percentage of such taxes that 
were based on lobbying expenditures dur-
ing the previous quarter related to rule-
making within the jurisdiction of the exec-
utive agency. 
‘‘(C) USE OF TRANSFERRED FUNDS.—An 
executive agency may use amounts transferred 
under subparagraph (B) for salaries and ex-
penses relating to researching, reviewing, or fi-
nalizing rules or other agency actions in accord-
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— 
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102 
‘‘(i) indicating the amount the Na-
tional Public Advocate is requesting be 
transferred to the Office of the Public Ad-
vocate; and 
‘‘(ii) describing the activities of the 
Office of the Public Advocate that would 
be carried out using the amounts. 
‘‘(B) TRANSFER.—After consideration of 
the request submitted under subparagraph (A) 
with respect to a fiscal year, the Director shall 
transfer to the Office of the Public Advocate 
from the Lobbying Defense Trust Fund the 
amount determined appropriate by the Director. 
‘‘(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 
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103 
Lobbying Defense Trust Fund to the Congres-
sional Research Service, the Congressional 
Budget Office, the Government Accountability 
Office, and the Office of Technology Assess-
ment an amount equal to 25 percent of the dif-
ference between— 
‘‘(i) the amount of taxes received in 
the Treasury under section 4286 that are 
attributable to lobbying expenditures dur-
ing the previous quarter; and 
‘‘(ii) the amount of such taxes that 
were based on lobbying expenditures dur-
ing the previous quarter related to rule-
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-
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104 
nificant lobbying activity’ for purposes of this sub-
section.’’. 
(2) CLERICAL AMENDMENT.—The table of sec-
tions for subchapter A of chapter 98 of such Code 
is amended by adding at the end the following new 
item: 
‘‘Sec. 9512. Lobbying Defense Trust Fund.’’. 
(3) EFFECTIVE DATE.—The amendments made 
by this subsection shall take effect on the date of en-
actment of this Act. 
SEC. 212. 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). 
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105 
TITLE III—RULEMAKING 
REFORM 
SEC. 301. DISCLOSURE OF CONFLICTS OF INTEREST. 
(a) IN GENERAL.—Section 553 of title 5, United 
States Code, is amended— 
(1) in subsection (c), in the first sentence, by 
inserting ‘‘, subject to subsections (f) and (h),’’ after 
‘‘the agency shall’’; and 
(2) by adding at the end the following: 
‘‘(f) With respect to any submission by an interested 
person under subsection (c) or any other submission by 
an interested person relating to a proposed rule that incor-
porates or includes a scientific or technical study, or any 
other result of scientific research not published in a pub-
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; 
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106 
‘‘(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 
any interested person with respect to the rulemaking 
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 
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107 
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. 
‘‘(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-
making required under subsection (b) and in the final rule 
published under subsection (d) a description of how the 
agency considered scientific evidence, including any study 
or research.’’. 
(b) APPLICATION.—Subsections (g), (h), and (i) of 
section 553 of title 5, United States Code, as added by 
subsection (a), shall apply with respect to submissions 
made by interested persons on and after the date of enact-
ment of this Act. 
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108 
SEC. 303. DISCLOSURE OF INTER-GOVERNMENTAL RULE 
CHANGES. 
(a) DEFINITIONS.—In this section— 
(1) the term ‘‘Administrator’’ means the Ad-
ministrator of the Office; 
(2) the terms ‘‘agency’’, ‘‘regulatory action’’, 
and ‘‘significant regulatory action’’ have the mean-
ings given those terms in section 3 of the Executive 
Order; 
(3) the term ‘‘Executive Order’’ means Execu-
tive Order 12866 (5 U.S.C. 601 note; relating to 
regulatory planning and review); and 
(4) the term ‘‘Office’’ means the Office of In-
formation and Regulatory Affairs. 
(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 
rulemaking docket— 
(A) the substance of any changes between 
the text of the draft regulatory action that the 
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109 
agency provided to the Office under section 
6(a)(3)(B)(i) of the Executive Order and the 
text published in that general notice with re-
spect to the action; and 
(B) a statement regarding whether any 
change described in subparagraph (A) was 
made at the request of— 
(i) the Office; 
(ii) another agency; or 
(iii) a Member of Congress; and 
(2) not later than the date on which the agency 
publishes the regulatory action in the Federal Reg-
ister, place in the 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. 
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110 
SEC. 304. JUSTIFICATION OF WITHDRAWN RULES. 
(a) DEFINITIONS.—In this section— 
(1) the term ‘‘Administrator’’ means the Ad-
ministrator of the Office; 
(2) the terms ‘‘agency’’ and ‘‘regulatory action’’ 
have the meanings given those terms in section 3 of 
the Executive Order; 
(3) the term ‘‘Executive Order’’ means Execu-
tive Order 12866 (5 U.S.C. 601 note; relating to 
regulatory planning and review); and 
(4) the term ‘‘Office’’ means the Office of In-
formation and Regulatory Affairs. 
(b) REQUIREMENT.— 
(1) IN GENERAL.—If an agency withdraws a 
regulatory action after providing the action to the 
Office under section 6(a)(3) of the Executive Order 
(or, if the agency does not provide the regulatory ac-
tion to the Office under that section, after pub-
lishing the general notice of proposed 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-
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cy to withdraw a regulatory action shall include, at 
a minimum— 
(A) a detailed explanation of the reasons 
that the agency withdrew the action; and 
(B) an explanation regarding whether the 
decision by the agency to withdraw the action 
was based, in whole or in part, on a request by, 
or input from— 
(i) the Office; 
(ii) another agency; 
(iii) a Member of Congress; 
(iv) a State, local, or tribal govern-
ment; or 
(v) an organization, a corporation, a 
member of the public, or another inter-
ested party. 
SEC. 305. NEGOTIATED 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’’; 
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(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’’; and 
(B) in subsection (b)— 
(i) in paragraph (1)— 
(I) in subparagraph (A)— 
(aa) by striking ‘‘persons 
who’’ and inserting ‘‘Federal, 
State, local, or tribal govern-
ments that’’; and 
(bb) by striking ‘‘, including 
residents of rural areas’’; and 
(II) in subparagraph (B)— 
(aa) by striking ‘‘with such 
persons’’ and inserting ‘‘with rep-
resentatives 
of 
those 
govern-
ments’’; and 
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(IV) in clause (vi), as so redesig-
nated— 
(aa) by striking ‘‘title 2’’ 
and inserting ‘‘title I’’; and 
(bb) by striking ‘‘section 
206’’ 
and 
inserting 
‘‘section 
104’’; and 
(iii) by adding at the end the fol-
lowing: 
‘‘(C)(i)(I) A political appointee (as defined in section 
714(h) of title 38, United States Code) with respect to 
whom the Director orders a disciplinary action under sub-
paragraph (A)(iv) may appeal the order to the President. 
‘‘(II) A determination by the President in an appeal 
under subclause (I) shall be— 
‘‘(aa) made in writing; 
‘‘(bb) submitted to Congress; and 
‘‘(cc) made publicly available by the President. 
‘‘(III) A determination by the President in an appeal 
under subclause (I) shall not be subject to judicial review. 
‘‘(ii) An officer or employee who is not a political ap-
pointee with respect to whom the Director orders a dis-
ciplinary action under subparagraph (A)(iv) may— 
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ing this title) for any individual serving in a po-
sition— 
‘‘(i) on any level of the Executive 
Schedule under subchapter II of chapter 
53 of title 5, United States Code; 
‘‘(ii) in the executive branch pursuant 
to an appointment by the President, by 
and with the advice and consent of the 
Senate; or 
‘‘(iii) in the Executive Office of the 
President; 
‘‘(B) any determination by the designated 
agency ethics official relating to the application 
or implementation of the laws or regulations re-
lating to conflicts of interest or other ethics 
issues (including this title) that the Director re-
quests from the designated agency ethics offi-
cial. 
‘‘(2) The Director of the Office of Public Integ-
rity— 
‘‘(A) may review any determination re-
ceived under paragraph (1); 
‘‘(B) shall notify and advise the designated 
agency ethics official if the Director determines 
that the determination received under para-
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