This Act may be cited as the “Anti-Corruption and Public Integrity Act”.

The table of contents for this Act is as follows:

Sec. 1. Short title.
Sec. 2. Table of contents.
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.

In this subtitle:

(1) AGENT OF A FOREIGN PRINCIPAL.—The term “agent of a foreign principal” has the meaning given the term in section 1 of the Foreign Agents Registration Act of 1938 (22 U.S.C. 611).

(2) BANK HOLDING COMPANY.—The term “bank holding company” has the meaning given the term in section 2 of the Bank Holding Company Act of 1956 (12 U.S.C. 1841).

(3) CORPORATE LOBBYIST.—The term “corporate lobbyist” has the meaning given the term in section 3 of the Lobbying Disclosure Act of 1995, as amended by section 202 of this Act.

(4) COVERED ENTITY.—The term “covered entity” 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 institution; and

(B) (i) operating under Federal settlement, including a Federal consent decree; or

(ii) the subject of an enforcement action in a court of the United States or by an agency.

(5) EXECUTIVE AGENCY.—The term “Executive agency”—

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

(B) includes—

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

(ii) the Office of the Vice President.

(6) GROSS RECEIPTS.—The term “gross receipts” has the meaning given the term in section 993(f) of the Internal Revenue Code of 1986.

(7) LOBBYIST.—The term “lobbyist” has the meaning given the term in section 3 of the Lobbying Disclosure Act of 1995, as amended by section 202 of this Act.

(8) QUALIFIED SMALL BUSINESS.—The term “qualified small business” means a corporation, company, firm, partnership, or other business enterprise, that has gross receipts for the previous taxable year of less than $5,000,000.

(9) 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)).

(10) SENIOR EXECUTIVE.—The term “senior executive” includes—

(A) a chief executive officer;

(B) a chief financial officer;

(C) a chief operating officer;

(D) a chief compliance officer;

(E) any senior government relationship official; and

(F) any other senior executive, as determined by the Director of the Office of Public Integrity.

(11) 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 appointed to a position on any level of the Executive Schedule under subchapter II of chapter 53 of title 5, United States Code, including positions identified in sections 5312 through 5316 of title 5, United States Code;

(ii) a noncareer officer or employee serving in the Executive Office of the President, including the White House Office, and in the Office of the Vice President; and

(iii) an individual employed in a position in the executive branch of the Government who is excepted from the competitive service by reason of being of a confidential or policy-determining character under schedule C of subpart C of part 213 of title 5, Code of Federal Regulations (or any successor regulations), except that the Director of the Office of Public Integrity may, by regulation, exclude from the application of this paragraph any individual, or group of individuals, who are in such positions, but only in cases in which the Director determines such exclusion would not affect adversely the integrity of the Government or the confidence of the public in the integrity of the Government;

(B) an individual employed in a position in the Senior Executive Service;

(C) an individual employed in a position at the GS–15 level or higher; and

(D) an individual employed in a position not under the General Schedule for which the rate of basic pay is equal to or greater than the minimum rate of basic pay payable for GS–15 of the General Schedule.

(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 registration 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 accordance with section 4(d) of the Lobbying Disclosure Act of 1995 (2 U.S.C. 1603(d)) or the agent terminates his or her status, as applicable.

(B) CORPORATE LOBBYISTS.—No former registered corporate lobbyist may be hired as an officer or employee of an Executive agency during the 6-year period beginning on the date on which the registered corporate lobbyist terminates 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 status, 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 Executive agency that requires the advice and consent of the Senate based on a compelling national need.

(ii) OTHER POSITIONS.—The President 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 of this Act for any appointment to a position in an Executive agency that does not require the advice and consent of the Senate.

(iii) REQUIREMENTS.—A waiver made under this subparagraph shall—

(I) be made publicly available and searchable by the Director of the Office of Public Integrity within 30 days of issuance;

(II) include a justification sent to Congress within 30 days of issuance for why the registered lobbyist or agent of a foreign principal, as applicable, brings unique and relevant expertise such that it is not practical to find an alternative candidate with the same skill set; and

(III) with respect to a nomination to a position described in clause (i)—

(aa)(AA) include a certification by the President that a search was conducted in good faith to find an alternative candidate with comparable qualifications who was not a lobbyist; or

(BB) specifically identify the next-best candidate who was not a registered lobbyist or agent of a foreign principal, as applicable; and

(bb) include a justification for why the next-best candidate was not nominated for the position.

(2) LEGISLATIVE BRANCH.—

(A) LOBBYISTS.—No former registered lobbyist or agent of a foreign principal may be hired as an officer or employee of a Member of Congress or a committee of either House of Congress during the 2-year period beginning on the date on which the registered lobbyist terminates 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 status, as applicable.

(B) CORPORATE LOBBYISTS.—No former registered lobbyist or agent of a foreign principal may be hired as an officer or employee of a Member of Congress or a committee of either House of Congress during the 6-year period beginning on the date on which the registered corporate lobbyist terminates 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 status, as applicable.

(C) WAIVER RULES AND ELIGIBILITY.—

(i) IN GENERAL.—Any Member of Congress may waive the ban described in subparagraph (A) for an officer or employee 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 national need.

(ii) REQUIREMENTS.—A waiver made under this subparagraph shall—

(I) within 30 days of issuance be submitted to the Select Committee on Ethics of the Senate or the Committee on Ethics of the House of Representatives, as applicable, and to the Office of Congressional Ethics;

(II) be made publicly available and searchable by the Office of Congressional Ethics within 30 days of issuance;

(III) include a justification made publicly available for why the registered lobbyist or agent of a foreign principal, as applicable, brings unique and relevant expertise such that it is not practical to find an alternative candidate with the same skill set; and

(IV) be made only after the Congressional 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 applicable, a public recommendation or opinion regarding such a waiver.

(b) Other hiring restrictions.—

(1) CONTRACTORS.—

(A) IN GENERAL.—No former employee of a for-profit entity that was awarded a Federal contract or Federal license by an Executive agency may be an officer or employee of the Executive agency that awarded the contract or Federal license during the 4-year period beginning on the date on which the employee terminates its employment with the entity.

(B) WAIVER.—The ban described in subparagraph (A) may be waived in accordance with subsection (a)(1)(C).

(2) SENIOR EXECUTIVES OF LAW-BREAKING COMPANIES.—No former senior executive of a covered entity may be an officer or employee of an Executive agency during the 6-year period beginning on the later of—

(A) the date of the settlement; and

(B) the date on which the enforcement action has concluded.

Section 208 of title 18, United States Code, is amended by adding at the end the following:

“(e) Securities Ownership and Trading Restrictions.—

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

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

“(B) includes the Executive Office of the President and all components thereof, including the White House Office and the Office of the Vice President.

“(2) PROHIBITION.—

“(A) IN GENERAL.—No officer or employee of an Executive agency may own an interest in or trade (except a trade that is a divestment required or approved by the Director of the Office of Public Integrity or the designated agency ethics official of the Executive agency that employs the individual for compliance with this section) any individual stock, bond, commodity, future, or 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 Executive agency that employs the individual) determines that the financial interests of the officer or employee may be directly influenced by an action of the Executive agency.

“(B) EXCEPTION.—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 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 Integrity Act;

“(ii) shares of Settlement Common Stock issued under section 7(g)(1)(A) of the Alaska Native Claims Settlement Act (43 U.S.C. 1606(g)(1)(A)); or

“(iii) shares of Settlement Common Stock, as defined in section 3 of the Alaska Native Claims Settlement Act (43 U.S.C. 1602).

“(C) PENALTY.—Whoever violates subparagraph (A) shall be subject to the penalties set forth in section 216 of this title.

“(D) WAIVER.—The Director of the Office of Public Integrity may waive subparagraph (A) for an officer or employee of an Executive agency on a case-by-case basis if the Director—

“(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 under this section.

“(f) Recusal requirements.—

“(1) IN GENERAL.—Except as provided in paragraphs (2) and (3), each officer and employee of any Executive agency shall not participate personally and substantially as a Government officer or employee, through decision, approval, disapproval, recommendation, the rendering of advice, investigation, or otherwise, in any particular matter, including an adjudication, procurement, or rulemaking, that the officer or employee knows has or is likely to have a direct and predictable effect on the financial interest of—

“(A) any person for whom the officer or employee had, during the previous 4-year period, served as an officer, director, trustee, general partner, agent, attorney, consultant, contractor, employee, or direct competitor; or

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

“(2) EXCLUSIONS.—This subsection shall not apply to—

“(A) the President;

“(B) the Vice President;

“(C) any individual appointed to a position in an Executive agency by and with the advice and consent of the Senate;

“(D) an officer or employee who served as an officer, director, trustee, general partner, agent, attorney, consultant, contractor, or employee of a tribal organization (as defined in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304)) or an intertribal consortium of federally recognized Indian tribes with respect to a matter that is likely to have a direct and predictable effect on the financial interest of the tribal organization or intertribal consortium; or

“(E) any individual who receives a waiver under paragraph (3).

“(3) WAIVER.—

“(A) IN GENERAL.—The Director of Public Integrity may waive the requirements of this subsection for any officer or employee (except individuals described in subparagraph (C)(iii)).

“(B) LIMITATION.—Officers and employees may apply to the Director of Public Integrity for a waiver under this paragraph only if the individual agrees to comply with the Conflicts of Interest Rules for Senior Government Officials in section 105(a) and section 106 of the Anti-Corruption and Public Integrity Act.

“(C) WAIVER REQUIREMENTS.—A waiver made under this paragraph—

“(i) shall be made publicly available and searchable within 30 days of issuance;

“(ii) shall include a justification sent to Congress within 30 days of issuance explaining why the waiver is in the national interest; and

“(iii) may not be granted if the individual received a waiver under section 102(a)(1)(C) of the Anti-Corruption and Public Integrity Act.

“(D) AUTHORITY OF DIRECTOR.—The Director of Public Integrity may deny a waiver under this paragraph for any reason.

“(4) PENALTY.—An officer or employee who violates this subsection shall be subject to the penalties set forth in section 216 of this title.”.

(a) Divestment.—Except as provided in subsection (e), no senior government official in the legislative branch (including Members of Congress) may own an interest in or trade (except as a divestment) any stock, bond, commodity, future, and other form of security, including an interest in a hedge fund, a derivative, option, or other complex investment vehicle.

(b) Committee staff rule.—No officer or employee of a committee of either House of Congress 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 Representatives, as applicable, approves of such holdings in writing after consultation with the supervisor of the officer or employee and the Office of Congressional Ethics.

(c) General conflicts of interest rule for congressional staff and members.—No Member, officer, or employee of a committee or Member of either House of Congress may knowingly use his or her official position to introduce or aid the progress or passage of legislation, a principal purpose of which is to further only his or her pecuniary interest, only the pecuniary interest of his or her immediate family, or only the pecuniary 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.

(d) General stock and securities rule.—An officer or employee of a committee or Member of either House of Congress, who is not a senior government employee covered by subsection (a), shall be in violation of subsection (c) if—

(1) the officer or employee owns an interest in or trades (except as a divestment) individual stocks or securities; and

(2) the value of such stocks or securities may be influenced by actions taken by the individual in his or her official position, as determined by the Select Committee on Ethics of the Senate or the Committee on Ethics of the House of Representatives, as applicable, in consultation with the Office of Congressional Ethics.

(e) Exception.—Nothing in this section shall be construed to prevent an employee or officials of a Member of Congress or a Member of Congress from owning—

(1) a widely held investment fund described in section 102(f)(8) of the Ethics in Government Act of 1978 (5 App. U.S.C. 102(f)(8)), if the investment meets the requirements described in section 105(b)(2);

(2) shares of Settlement Common Stock issued under section 7(g)(1)(A) of the Alaska Native Claims Settlement Act (43 U.S.C. 1606(g)(1)(A)); or

(3) shares of Settlement Common Stock, as defined in section 3 of the Alaska Native Claims Settlement Act (43 U.S.C. 1602).

(a) Required divestments of conflicted assets.—

(1) STOCKS AND SECURITIES.—No senior government official may own an interest in or trade (except a divestment required or approved by the supervising ethics office) any stock, bond, commodity, future, and other form of security, including an interest in a hedge fund, a derivative, option, or other complex investment vehicle, except nonconflicted assets allowed under subsection (b).

(2) COMMERCIAL REAL ESTATE.—No senior government official may maintain ownership in commercial real estate, unless ownership of such commercial real estate is necessary for a qualified small business described in paragraph (4)(C).

(3) TRUSTS.—

(A) IN GENERAL.—No senior government official may maintain a financial interest in any trust, including a family trust, if the supervising ethics office determines that the trust includes any—

(i) asset that might present a conflict of interest; or

(ii) stock, bond, commodity, future, and other form of security, including an interest in a hedge fund, a derivative, option, or other complex investment vehicle, except nonconflicted assets allowed under subsection (b).

(B) EXCEPTION.—Subparagraph (A) shall not apply to a trust described in section 102(f)(2) of the Ethics in Government Act of 1978 (5 U.S.C. App.).

(4) BUSINESSES AND COMPANIES.—

(A) PRIVATELY OWNED OR CLOSELY HELD CORPORATION.—No senior government official may maintain ownership in a privately owned or closely held corporation, company, firm, partnership, or other business enterprise.

(B) BOARD MEMBERS.—No senior government official may serve on the board of directors of any for-profit entity, including any corporation, company, firm, partnership, or other business enterprise.

(C) EXCEPTION.—Subparagraphs (A) and (B) 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 described in paragraph (2);

(B) noncommercial real estate, including real estate used solely as a personal residence;

(C) cash, certificates of deposit, or other forms of savings accounts;

(D) a federally managed asset, including—

(i) financial interests in or income derived from—

(I) any retirement system under title 5, United States Code (including the Thrift Savings Plan under subchapter 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 paragraph (3);

(E) bonds, bills, and notes issued by a governmental source, such as the Federal Government, State, or other municipality;

(F) shares of Settlement Common Stock issued under section 7(g)(1)(A) of the Alaska Native Claims Settlement Act (43 U.S.C. 1606(g)(1)(A)); and

(G) shares of Settlement Common Stock, as defined in section 3 of the Alaska Native Claims Settlement Act (43 U.S.C. 1602).

(2) WIDELY HELD INVESTMENT FUND REQUIREMENTS.—A senior government official may not maintain a widely held investment fund described in section 102(f)(8) of the Ethics in Government Act of 1978 (5 U.S.C. App.), unless—

(A) the widely held investment fund does not present a conflict of interest; and

(B) any instructions to a manager of the widely held investment fund are shared with the applicable supervising ethics office.

(3) FEDERAL EMPLOYEE INVESTMENT ACCOUNT.—Section 8472 of title 5, United States Code, is amended—

(A) in subsection (f)—

(i) in paragraph (2), by striking “and” at the end;

(ii) in paragraph (3), by striking the period at the end and inserting a semicolon; and

(iii) by adding at the end the following:

“(4) not later than 3 years after the date of enactment of this paragraph, establish Federal Employee Investment Accounts in the Treasury of the United States accounts for senior government officials to maintain investments in the stock and securities markets in which a senior government official may—

“(A) sell an asset or security, including those assets or securities that present a conflict of interest under section 105(a) of the Anti-Corruption and Public Integrity Act, and invest the resulting funds into the Federal Employee Investment Accounts; and

“(B) withdraw funds from their Federal Employee Investment Account at any time;

“(5) act in the interest of the plan participants and beneficiaries of Federal Employee Investment Accounts when making decisions for the purpose of providing benefits to those participants and beneficiaries;

“(6) establish a new and parallel system for recordkeeping with respect to Federal Employee Investment Accounts; and

“(7) establish a Federal Employee Investment Fund to fully cover administrative costs associated with managing Federal Employee Investment Accounts, which—

“(A) shall be separate from the Thrift Savings Fund established under section 8437, except with respect to administrative costs for common resources; and

“(B) may be used for compensation to pay new employees, additional resources for information technology, additional call center capacity, and any other new capacity to handle the administration of Federal Employee Investment Accounts.”;

(B) in subsection (g)(1)—

(i) in subparagraph (C), by striking “and” at the end;

(ii) by striking the period at the end and inserting “; and”; and

(iii) by adding at the end the following:

“(E) promulgate regulations for the administration of Federal Employee Investment Accounts.”; and

(C) by adding at the end the following:

“(k) Authorization of appropriations.—There is authorized to be appropriated such sums as may be necessary to establish and maintain Federal Employee Investment Accounts established under subsection (f), including for the purpose of reducing any fees paid by participants in the Federal Employee Investment Accounts.”.

(a) In general.—Section 207 of title 18, United States Code, is amended—

(1) in subsection (a)—

(A) in paragraph (1), in the matter preceding subparagraph (A), by inserting after “with the intent to influence,” the following: “or with the intent to gain information for use in analyzing securities or commodities markets, or in informing investment decisions in securities or commodities markets,”; and

(B) in paragraph (2), in the matter preceding subparagraph (A), by inserting after “with the intent to influence,” the following: “or with the intent to gain information for use in analyzing securities or commodities markets, or in informing investment decisions in securities or commodities markets,”;

(2) by striking subsections (c), (d), and (e) and inserting the following:

“(c) Lobbying and political intelligence restrictions.—

“(1) IN GENERAL.—In addition to the restrictions set forth in subsections (a) and (b), any President, Vice President, Member of Congress, or officer or employee compensated at a rate of pay specified in or fixed according to subchapter II of chapter 53 of title 5, after the termination of his or her service or employment with the United States who—

“(A) works as a registered lobbyist or political intelligence consultant; or

“(B) knowingly makes, with the intent to influence, or with the intent to gain information for use in analyzing securities or commodities markets, or in informing investment decisions in securities or commodities markets, any communication to or appearance before any officer or employee of any department, Executive 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 compensation, 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 department or Executive agency,

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

“(2) OTHER OFFICIALS.—

“(A) IN GENERAL.—Any officer or employee in the executive or legislative branch of the United States who, during the time period described in subparagraph (B) makes, with the intent to influence, or with the intent to gain information for use in analyzing securities or commodities markets, or in informing investment decisions in securities or commodities markets, any communication to or appearance before their former office, Executive agency, or House of Congress, for compensation, shall be subject to the penalties set forth in section 216 of this title.

“(B) TIME PERIOD.—The time period described in this subparagraph is as follows:

“(i) With respect to an officer or employee of the legislative branch, 2 years after the termination of service or employment as an officer or employee.

“(ii) With respect to an officer or employee of the executive branch, the later of—

“(I) the date on which a President other than the President serving at the time of the termination of service or employment of the officer or employee takes office; and

“(II) the date on which the 2-year period beginning on the date of the termination of service or employment as an officer or employee expires.

“(iii) With respect to an officer or employee of the executive branch of the United States who becomes a corporate lobbyist, the later of—

“(I) the date on which a President other than the President serving at the time of the termination of service or employment of the officer or employee takes office; and

“(II) the date on which the 6-year period beginning on the date of the termination of service or employment as an officer or employee expires.

“(iv) With respect to an officer or employee of the legislative branch of the United States who becomes a corporate lobbyist, the date on which the 6-year period beginning on the date of the termination of service or employment as an officer or employee expires.”;

(3) by redesignating subsections (f) through (l) as subsections (d) through (j), respectively;

(4) in subsection (g), as so redesignated—

(A) by redesignating paragraphs (1), (2), and (3) as paragraphs (2), (3), and (4), respectively;

(B) by inserting before paragraph (2), as so redesignated, the following:

“(1) the terms ‘corporate lobbyist’, ‘lobbyist’, and ‘political intelligence consultant’ have the meanings given such terms in section 3 of the Lobbying Disclosure Act of 1995 (2 U.S.C. 1602);”; and

(C) in paragraph (2), as so redesignated, by inserting after “with the intent to influence,” the following: “or with the intent to gain information for use in analyzing securities or commodities markets, or in informing investment decisions in securities or commodities markets,”;

(5) in subsection (h), as so redesignated, by adding at the end the following:

“(8) REPRESENTATIVE OF A MEDIA ORGANIZATION.—The restrictions contained in this section relating to a communication made with the intent to gain information for use in analyzing securities or commodities markets, or in informing investment decisions in securities or commodities markets shall not apply to a communication made by a representative of a media organization (as such term is defined in section 3 of the Lobbying Disclosure Act of 1995 (2 U.S.C. 1602)), if the purpose of the communication is gathering and disseminating news and information to the public.”; and

(6) by adding at the end the following:

“(k) Other post-Employment restrictions.—

“(1) DEFINITIONS.—In this subsection:

“(A) GIANT BANK OR COMPANY.—The term ‘giant bank or company’ includes—

“(i) any for-profit company or financial institution with greater than an average of $150,000,000,000 in market capitalization or revenue for the previous 3-year period;

“(ii) any Federal contractor that received greater than $5,000,000,000 in annual revenue from the Federal Government during the previous 3-year period; and

“(iii) any for-profit company or financial institution that exerts monopolistic or monopsonistic control over a significant share of the market in its particular industry (as defined by the Director of the Office of Public Integrity, in consultation with the Attorney General, by regulation).

“(B) LOBBYING CONTACT.—The term ‘lobbying contact’ has the meaning given the term in section 3 of the Lobbying Disclosure Act of 1995 (2 U.S.C. 1602).

“(C) REGISTERED LOBBYIST.—The term ‘registered lobbyist’ means a lobbyist registered under the Lobbying Disclosure Act of 1995 (2 U.S.C. 1601 et seq.).

“(D) SENIOR GOVERNMENT OFFICIAL.—The term ‘senior government official’ means—

“(i) any individual described in section 101(f) of the Ethics in Government Act of 1978 (5 U.S.C. App.), including—

“(I) any individual appointed to a position on any level of the Executive Schedule under subchapter II of chapter 53 of title 5, United States Code, including positions identified in sections 5312 through 5316 of title 5, United States Code;

“(II) a noncareer officer or employee serving in the Executive Office of the President, including the White House Office, and in the Office of the Vice President; and

“(III) an individual employed in a position in the executive branch of the Government who is excepted from the competitive service by reason of being of a confidential or policy-determining character under schedule C of subpart C of part 213 of title 5, Code of Federal Regulations (or any successor regulations), except that the Director of the Office of Public Integrity may, by regulation, exclude from the application of this paragraph any individual, or group of individuals, who are in such positions, but only in cases in which the Director determines such exclusion would not affect adversely the integrity of the Government or the confidence of the public in the integrity of the Government;

“(ii) an individual employed in a position in the Senior Executive Service;

“(iii) an individual employed in a position at the GS–15 level or higher; and

“(iv) an individual employed in a position not under the General Schedule for which the rate of basic pay is equal to or greater than the minimum rate of basic pay payable for GS–15 of the General Schedule.

“(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 government official, for 1 year after the official leaves government service, from an Executive agency, department, or congressional office with which the corporation, company, firm, partnership, or other business enterprise made a lobbying contact in the past 2 years.

“(3) SPECIAL RULES FOR POST EMPLOYMENT WITH GIANT BANKS, COMPANIES, AND CONTRACTORS.—

“(A) PROCUREMENT OFFICERS.—No company that is awarded a contract or license by the Federal Government may hire or compensate any former officer or employee in the executive branch of the United States who oversaw any of the company's contracts or licenses (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 approved the technical requirements of the contract or license, and any senior government official in the executive branch of the United States employed at the Executive agency that granted the contract or license) during the 4-year period beginning on the date on which the officer terminated employment with the United States.

“(B) GIANT BANKS AND COMPANIES.—No giant bank or company may hire or directly or indirectly compensate (including as consultants and lawyers) any senior government official during the 4-year period beginning on the date on which the official terminated employment with the United States.

“(C) EARNED INCOME DISCLOSURES.—

“(i) IN GENERAL.—Not later than 1 year after the date of enactment of this clause, each senior government official who terminates service on or after the date that is 1 year after the date of enactment of this clause shall submit to the Director of the Office of Public Integrity an annual disclosure that includes all sources of earned income for the 4-year period 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 clause (i) publicly available for any official who had a report made in accordance with title I of the Ethics in Government Act of 1978 (5 U.S.C. App.) made publicly available.

“(iii) AUTOMATIC DISCLOSURE.—

“(I) IN GENERAL.—Each senior government official subject to the disclosure requirement in clause (i) may consent to allow the Director of the Office of Public Integrity to obtain from the Commissioner of Internal Revenue the information necessary to meet the requirements of subclause (i), but no other information, such that additional action is not required of the senior government official after such individual files a tax return.

“(II) SAFE HARBOR.—Any individual who consents under subclause (I) shall not be subject to clause (v).

“(iv) MEMORANDUM OF UNDERSTANDING.—Not later than 1 year after the date of enactment of this subclause, the Director of the Office of Public Integrity and the Commissioner of Internal Revenue shall enter into a cooperative agreement or memorandum of understanding to establish 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 subclause (III).

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

“(I) CIVIL ACTION.—The Attorney General or the Director of the Office of Public Integrity may bring a civil action in any appropriate United States district court against any individual who knowingly and willfully falsifies or who knowingly and willfully fails to disclose any information that such individual is required to disclose pursuant to this clause. The court in which such action is brought may assess against such individual a civil penalty in any amount, not to exceed $50,000.

“(II) CRIMINAL PENALTIES.—

“(aa) PROHIBITION.—It shall be unlawful for any person to knowingly and willfully falsify any information that such person is required to disclose under this clause. It shall be unlawful for any person to fail to disclose any information that such person is required to disclose under this clause.

“(bb) PENALTIES.—Any person who violates the first 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 second sentence of subitem (AA) shall be fined under title 18, United States Code.

“(4) PENALTIES FOR GIANT BANKS AND COMPANIES.—

“(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 subparagraph (A) shall—

“(i) in the case of an initial violation, be not less than 1 percent of the net profit of the entity or giant bank or company for the previous year;

“(ii) in the case of a second violation, not less than 2 percent of the net profit of the entity or giant bank or company for the previous year; and

“(iii) in the case of a third or subsequent 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 ON COMPANIES.—In addition to a civil penalty imposed under this clause, after reasonable notice and an opportunity for a hearing, if the Director 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, including—

“(i) prohibiting the entity or giant bank or company from employing any former employee or officer of the Federal Government for a period of time not to exceed 8 years;

“(ii) prohibiting the company from doing business with the Federal Government, receiving a contract or license from the Federal Government, or otherwise participating in Federal Government programs, for a period of time not to exceed 8 years.

“(D) CIVIL PENALTIES FOR EXECUTIVE OFFICERS OF COMPANIES.—

“(i) DEFINITION.—In this subclause, the term ‘compensation’ includes, based on information required to be reported to any Federal agency during the period in which a violation of paragraph (2) or (3)(B) occurred—

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

“(II) any incentive-based compensation (including stock options awarded as compensation).

“(ii) CIVIL PENALTY.—In addition to the penalties described in subparagraphs (B) and (C), after reasonable notice and an opportunity for a hearing, if the Director of the Office of Public Integrity determines that an executive officer of an entity or giant bank or company has knowingly, or with gross negligence, violated paragraph (2) or (3)(B), or contributed to the violation of a paragraph (2) or (3)(B), the Director may assess a civil penalty against the executive officer not to exceed the amount of the officer’s compensation for each year during which the violations occurred.

“(E) MITIGATING FACTORS.—In determining 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 violations; and

“(iv) such other matters as justice may require.

“(F) AUTHORITY TO MODIFY OR REMIT PENALTY.—The Director of the Office of Public Integrity may compromise, modify, or remit any penalty under this paragraph, which may be assessed or had already been assessed. The amount of such penalty, when finally determined, 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 Public Integrity gives notice and an opportunity for a hearing to the person accused of the violation; or

“(ii) the appropriate court has ordered such assessment and entered judgment in favor of the Director of the Office of Public Integrity.”.

(b) Effective date.—The amendments made by subsection (a) relating to political intelligence contacts (as defined in section 3 of the Lobbying Disclosure Act of 1995 (2 U.S.C. 1602), as amended by this Act) shall apply with respect to any political intelligence contact that is made on or after the date that is 1 year after the date of the enactment of this Act.

(c) Technical and conforming amendments.—Section 207 of title 18, United States Code, is amended—

(1) in subsection (d), as redesignated by subsection (a) of this section, by striking “(d), or (e)”;

(2) in subsection (f)(2), as redesignated by subsection (a) of this section, in the second sentence, by striking “(c)(2)(A)(i) or (iii)” and inserting “(c)”;

(3) in subsection (g)(1), as redesignated by subsection (a) of this section—

(A) in subparagraph (A), by striking “(a), (c), and (d)” and inserting “(a) and (c)”; and

(B) in subparagraph (B), by striking “(f)” and inserting “(d)”; and

(4) in subsection (h), as redesignated by subsection (a) of this section—

(A) by striking “subsections (c), (d), and (e)” each place the term appears and inserting “subsection (c)”;

(B) in paragraph (5), by striking “(a), (c), and (d)” and inserting “(a) and (c)”; and

(C) in paragraph (7)(B), by striking “subsections (c), (d), or (e)” and inserting “subsection (c)”.

(d) Restrictions on Federal examiners of financial institutions.—Section 10(k) of the Federal Deposit Insurance Act (12 U.S.C. 1820(k)) is amended—

(1) in the subsection header, by striking “One-Year” and inserting “Four-Year”; and

(2) in paragraph (1)—

(A) in subparagraph (B), by striking “senior”; and

(B) in subparagraph (C), by striking “1 year” and inserting “4 years”.

(a) In general.—Section 209 of title 18, United States Code, is amended—

(1) in subsection (a)—

(A) by striking “any salary” and inserting “any bonus or salary”; and

(B) by striking “his services” and inserting “services rendered or to be rendered”; and

(2) in subsection (b)—

(A) by inserting “(1)” after “(b)”; and

(B) by adding at the end the following:

“(2) (A) In this paragraph, the term ‘compensation’ includes a retention award or bonus, severance pay, and any other payment—

“(i) linked to future service in the Federal Government in any way; or

“(ii) from a current or former employer unless the recipient demonstrates that the payment would have been received if the recipient had not entered government service.

“(B) For purposes of paragraph (1), a pension, retirement, 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.

(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 ethics issues (as defined in section 409 of the Ethics in Government Act of 1978, as added by section 511 of this Act) shall apply to any individual who is employed by the Federal Government and voluntarily refuses compensation for such employment consistent with applicable law.

(c) Special government employee rule.—All Federal ethics rules shall apply to an individual designated as a Special Government Employee to the same extent that they apply to regular Government employees beginning on the date that is 61 days after the date on which the Special Government Employee commences employment during a 365-day period.

(d) Indebtedness rule.—

(1) IN GENERAL.—Except as provided in paragraph (2), no senior government official (except a Member of Congress, the President, and the Vice President) may—

(A) in the course of official duty, meet or communicate with, or work on any particular matter that affects, any person to whom the senior government official owes more than $100,000; or

(B) receive a loan of more than $100,000 from any person the senior government official has met or communicated with, or plans to meet or communicate with, during the course of their official duty.

(2) EXCEPTION.—Paragraph (1) shall not apply to—

(A) commercial debt such as residential mortgages, car loans, credit card debt, student loans, or any debts owed to domestic financial institutions on terms generally available to the public; or

(B) meetings with domestic financial institutions.

(a) Definitions.—In this section—

(1) the term “legal expense fund” means a fund—

(A) to be used to defray legal expenses incurred in investigative, civil, criminal, or other legal proceedings relating to or arising by virtue of service by an officer or employee as an officer or employee;

(B) that may not be used for personal legal matters, including tax planning, personal injury litigation, protection of property rights, divorces, or estate probate;

(C) that may only be used to defray legal expenses for a single officer or single employee;

(D) that may be established or controlled by the officer or employee, or by a third party, in accordance with the requirements of this section; and

(E) that may accept contributions, in accordance with this section;

(2) the term “lobbying activity” has the meaning 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 Ethics in Government Act of 1978 (5 U.S.C. App.).

(b) Authorization for legal expense funds.—Subject to the limitations and regulations promulgated 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 establishing limits with respect to contributions to legal expense 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 relative of the officer or employee) in a total amount of more than $5,000 during any calendar year;

(2) from a registered lobbyist;

(3) from an agent of a foreign principal;

(4) from any person seeking official action from or doing business with the Executive agency, office, or entity employing the officer or employee;

(5) from any person conducting activities regulated by the Executive agency, office, or entity employing the officer or employee;

(6) from any person whose interests may be substantially affected by the performance or nonperformance 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 lobbying activities, or on whose behalf lobbying activities have been engaged with, with respect to the Executive agency during the 2-year period ending on the date of the contribution.

(d) Written notice.—

(1) IN GENERAL.—An officer or employee who wishes to establish, or directly or indirectly receive money from, a legal expense fund shall submit to the supervising ethics office with respect to the officer or employee a written notice that includes—

(A) the name and contact information for any proposed trustee of the legal expense fund;

(B) a copy of any proposed trust document for the legal expense fund;

(C) the nature of the legal proceeding (or proceedings) which necessitate the establishment 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 proper 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 received and approved the written notice submitted under paragraph (1).

(e) Reporting.—

(1) IN GENERAL.—An officer or employee who establishes, or directly or indirectly receives money from, a legal expense fund shall submit to the supervising ethics office with respect to the officer or employee a quarterly report that discloses, with respect to the quarter covered by the report—

(A) the source and amount of each contribution 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 searchable, sortable, and downloadable form.

(f) Recusal.—An officer or employee in the executive branch, other than the President and the Vice President, who receives a contribution to a legal expense fund of the officer or employee may not participate in any matter 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.

(a) Civil fines.—The Attorney General or the Director 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 subtitle and, upon proof of such conduct by a preponderance of the evidence, such person shall be subject to a civil penalty of not more than $50,000 for each violation or the amount of compensation which the person received or offered for the prohibited conduct, whichever amount is greater. The imposition of a civil penalty under this subsection does not preclude any other criminal or civil statutory, common law, or administrative remedy, which is available by law to the United States or any other person.

(b) Order prohibiting conduct.—If the Attorney General or the Director of the Office of Public Integrity has reason to believe that a person is engaging in conduct constituting an offense under this subtitle, the Attorney General or the Director of the Office of Public Integrity, as applicable, may petition an appropriate United States district court for an order prohibiting that person from engaging in such conduct. The court may issue an order prohibiting that person from engaging in such conduct if the court finds that the conduct constitutes such an offense. The filing of a petition under this section does not preclude any other remedy which is available by law to the United States or any other person.

This subtitle may be cited as the “Presidential Conflicts of Interest Act of 2018”.

(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 President, as applicable, that—

(i) would constitute a financial interest 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, participated as described in subsection (a) of such section 208 in relation 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, emolument, office, or title, of any kind whatever, from any king, prince, or foreign state (including from an entity owned or controlled by a foreign government), within the meaning of article I, section 9 of the Constitution of the United States;

(C) the term “qualified blind trust” has the meaning given that term in section 102(f)(3) of the Ethics in Government Act of 1978 (5 U.S.C. App.), unless otherwise specified in this subtitle; and

(D) the term “tax return”—

(i) means any Federal income tax return and any amendment or supplement thereto, including supporting schedules, attachments, 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 “supervising ethics officer” in section 102(f)(3) of the Ethics in Government Act of 1978 (5 U.S.C. App.) means the Director of the Office of Public Integrity.

(b) Initial financial disclosure.—

(1) SUBMISSION OF DISCLOSURE.—

(A) IN GENERAL.—Not later than 30 days after assuming the office of President or Vice President, respectively, the President and Vice President shall submit to Congress and the Director of the Office of Public Integrity a disclosure 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 Congress 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 financial interests submitted under paragraph (1) by the President shall—

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

(ii) at a minimum, include the information relating to each such financial interest that is required for reports under section 102 of the Ethics in Government Act of 1978 (5 U.S.C. App.); and

(iii) include the tax returns filed by or on behalf of the President for—

(I) the 8 most recent taxable years; and

(II) each taxable year for which an audit of the return by the Internal Revenue Service is pending on the date the report is filed.

(B) VICE PRESIDENT.—The disclosure of financial interests submitted under paragraph (1) by the Vice President shall—

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

(ii) at a minimum, include the information relating to each such financial interest that is required for reports under section 102 of the Ethics in Government Act of 1978 (5 U.S.C. App.); and

(iii) include the tax returns filed by or on behalf of the Vice President for—

(I) the 8 most recent taxable years; and

(II) each taxable year for which an audit of the return by the Internal Revenue Service is pending on the date the report is filed.

(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 President, and any minor child of the President or Vice President shall divest of any financial interest posing a potential conflict of interest by transferring such interest to a qualified blind trust.

(2) TRUSTEE DUTIES.—Within 180 days after the date a financial interest is transferred to a qualified blind trust under paragraph (1), the trustee of the qualified blind trust shall—

(A) sell the financial interest; and

(B) use the proceeds of the sale of the financial interest to purchase conflict-free holdings.

(d) Review by Office of Public Integrity.—

(1) IN GENERAL.—The Director of the Office of Public Integrity shall submit to Congress, the President, and the Vice President an annual report regarding 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 financial interest posing a potential conflict of interest;

(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 posing a potential conflict of interest was divested in accordance with subsection (c); and

(C) redact such information as the Director of the Office of Public Integrity determines necessary for preventing identity theft, such as social security numbers or taxpayer identification numbers.

(e) Enforcement.—

(1) IN GENERAL.—The Attorney General, the attorney general of any State, or any person aggrieved by any violation of subsection (c) may seek declaratory or injunctive relief in a court of competent jurisdiction if—

(A) the Director of the Office of Public Integrity 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 injunctive relief to the plaintiff, the court shall take measures reasonably necessary to ensure that any divestment procedure seeks to obtain a fair market value for any asset that is liquidated.

Section 208 of title 18, United States Code, as amended by section 103 of this Act, is amended by adding at the end the following:

“(g) (1) Any officer or employee appointed by the President shall recuse himself or herself from any particular 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 entity in which the spouse of the President has a substantial interest.

“(2) (A) Subject to subparagraph (B), if an officer or employee is recused under paragraph (1), a career appointee in the agency of the officer or employee shall perform 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, notwithstanding such statute or any other provision of law, the members of the Commission not recused under paragraph (1) may—

“(I) consider the matter without regard to the quorum requirement under such statute;

“(II) delegate the authorities and responsibilities 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).”.

(a) Amendment.—Section 431 of title 18, United States Code, is amended—

(1) in the section heading, by inserting “the President, Vice President, or a” after “Contracts by”; and

(2) in the first undesignated paragraph, by inserting “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.”.

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 following:

“(3) The President-elect shall submit to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Oversight and Government 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

“(B) any individual provided a security clearance, not later than 10 days after the date on which the security clearance was provided.”; and

(2) in section 6(b)—

(A) in paragraph (1)—

(i) in subparagraph (A), by striking “and” at the end;

(ii) in subparagraph (B), by striking the period at the end and inserting a semicolon; and

(iii) by adding at the end the following:

“(C) a description of the role of the member 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 expects to interact with, while serving on the transition team;

“(D) a list of any issues from which each transition team member will be recused while serving as a member of the transition team pursuant to the transition team ethics plan outlined in section 4(g)(3); and

“(E) 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 subparagraph (C).”;

(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 disclosures listed under paragraph (1).”.

Section 2 of title 18, United States Code, is amended by inserting “, including the President, the Vice President, a Member of Congress, an Associate Justice of the Supreme Court of the United States, the Chief Justice of the United States, and any other officer of the United States,” after “Whoever” each place it appears.

(a) In general.—Chapter 73 of title 18, United States Code, is amended by adding at the end the following:

(b) Conforming amendment.—The table of sections for chapter 73 of title 18, United States Code, is amended by adding at the end the following:

“1522. Applicability to all officers, including the President and Vice President.”.

It is the sense of Congress that a violation of section 112 of this Act or the Ethics in Government Act of 1978 (5 U.S.C. App.) by the President or the Vice President would constitute a high crime or misdemeanor under article II, section 4 of the Constitution of the United States.

Nothing in this subtitle or an amendment made by this subtitle shall be construed to violate the Constitution of the United States.

If any provision of this subtitle or any amendment made by this subtitle, or any application of such provision or amendment to any person or circumstance, is held to be unconstitutional, the remainder of the provisions of this subtitle and the amendments made by this subtitle, and the application of the provision or amendment to any other person or circumstance, shall not be affected.

(a) Definition.—Section 201(a) of title 18, United States Code, is amended—

(1) in paragraph (2), by striking “and” at the end;

(2) by striking paragraph (3) and inserting the following:

“(3) the term ‘official act’—

“(A) means any decision or action on, or personal and substantial participation through acts, including approval, disapproval, recommendation, rendering of advice on, or investigation of any question, matter, cause, suit, proceeding or controversy, that may at any time be pending, or which may by law be brought before any public official, in such official’s capacity, or in such official’s place of trust or profit; and

“(B) includes—

“(i) advancing or advocating for an application to obtain a contract with the Government;

“(ii) aiding or impeding the progress or passage of legislation;

“(iii) providing access to any public official by arranging a meeting, event, telephone call, or other communication with the intent that such access influence the public official in an official act; and

“(iv) a single act, more than 1 act, or a course of conduct”;

(3) by adding at the end the following:

“(4) the term ‘rule or regulation’ means a Federal regulation or a rule of the House of Representatives or the Senate, including rules and regulations governing the acceptance of gifts and campaign contributions.”.

(b) Clarification.—Section 201(c) of title 18, United States Code, is amended by striking paragraph (1) and inserting the following:

“(1) otherwise than as provided by law for the proper discharge of official duty, or by rule or regulation—

“(A) directly or indirectly gives, offers, or promises any thing or things of value to any public official, former public official, or person selected to be a public official, for or because of any official act performed or to be performed by such public official, former public official, or person selected to be a public official;

“(B) directly or indirectly knowingly gives, offers, or promises any thing or things of value with an aggregate value of not less than $1000 to any public official, former public official, or person selected to be a public official for or because of the official’s or person’s official position;

“(C) being a public official, former public official, or person selected to be a public official, directly or indirectly, knowingly demands, seeks, receives, accepts, or agrees to receive or accept any thing or things of value with an aggregate value of not less than $1000 for or because of the official's or person's official position; or

“(D) being a public official, former public official, or person selected to be a public official, directly or indirectly demands, seeks, receives, accepts, or agrees to receive or accept any thing or things of value for or because of any official act performed or to be performed by such official or person;”.

(a) In general.—Section 1346 of title 18, United States Code, is amended—

(1) by striking “, the” and all that follows through the end and inserting and inserting “:

“(1) MATERIAL INFORMATION.—The term ‘material information’ means information—

“(A) regarding a financial interest of a person described in clauses (i) through (iv) of paragraph (5)(A); and

“(B) regarding the association, connection, or dealings by a public official with an individual, business, or organization described in clauses (iii) through (vi) of paragraph (5)(A).

“(2) OFFICIAL ACT.—The term ‘official act’ has the meaning given the term in section 201(a).

“(3) PUBLIC OFFICIAL.—The term ‘public official’ means an officer, employee, or elected or appointed representative, or person acting for or on behalf of the United States, a State, or a subdivision of a State, or any department, agency or branch of government thereof, in any official function, under or by authority of any such department, agency, or branch of government.

“(4) STATE.—The term ‘State’ includes a State of the United States, the District of Columbia, and any commonwealth, territory, or possession of the United States.

“(5) UNDISCLOSED SELF-DEALING.—The term ‘undisclosed self-dealing’ means—

“(A) an official act by a public official for the purpose, in whole or in material part, of furthering or benefitting a financial interest, of which the public official has knowledge, of—

“(i) the public official;

“(ii) the spouse or minor child of a public official;

“(iii) a general business partner of the public official;

“(iv) a business or organization in which the public official is serving as an employee, officer, director, trustee, or general partner;

“(v) an individual, business, or organization with whom the public official is negotiating for, or has any arrangement concerning, prospective employment or financial compensation; or

“(vi) an individual, business, or organization from whom the public official has received any thing or things of value, otherwise than as provided by law for the proper discharge of official duty, or by rule or regulation;

“(B) the knowing falsification, concealment, or covering up of material information by a public official that is required to be disclosed by any Federal, State, or local statute, rule, regulation, or charter applicable to the public official; or

“(C) the knowing failure of a public official to disclose material information in a manner that is required by any Federal, State, or local statute, rule, regulation, or charter applicable to the public official.

“(6) SCHEME OR ARTIFICE TO DEFRAUD.—The term ‘scheme or artifice to defraud’ includes—

“(A) a scheme or artifice to deprive another of the intangible right of honest services; and

“(B) a scheme or artifice by a public official to engage in undisclosed self-dealing.”.

(b) Applicability.—The amendments made by this section shall apply to any act on or after the date of the enactment of this Act.

Section 104 of the Ethics in Government Act of 1978 (5 U.S.C. App.) is amended by adding at the end the following:

“(e) A Member of Congress may not assume office for the term after the date on which the Member of Congress is elected unless the Member of Congress files or reports all the information that the Member of Congress is required to report under section 102.”.

(a) Requirements for inaugural committees.—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:

(b) Confirming amendment related to reporting requirements.—Section 304 of the Federal Election Campaign Act of 1971 (52 U.S.C. 30104) is amended—

(1) by striking subsection (h); and

(2) by redesignating subsection (i) as subsection (h).

(c) Conforming amendment related to status of committee.—Section 510 of title 36, United States Code, is amended to read as follows:

(d) Effective date.—The amendments made by this subtitle shall apply with respect to Inaugural Committees established under chapter 5 of title 36, United States Code, for inaugurations held in 2021 and any succeeding year.

(a) Definitions.—Section 3 of the Lobbying Disclosure Act of 1995 (2 U.S.C. 1602) is amended—

(1) in paragraph (2)—

(A) by inserting after “lobbying activities” each place that term appears the following: “or political intelligence activities”; and

(B) by inserting after “lobbyists” the following: “or political intelligence consultants”;

(2) by redesignating paragraph (16) as paragraph (25);

(3) by redesignating paragraph (15) as paragraph (22);

(4) by redesignating paragraphs (4) through (14) as paragraphs (7) through (17), respectively;

(5) by redesignating paragraph (3) as paragraph (5);

(6) by inserting after paragraph (2) the following:

“(3) COMMODITY.—The term ‘commodity’ has the meaning given such term in section 1a(9) of the Commodity Exchange Act (7 U.S.C. 1a(9)).”;

(7) by inserting after paragraph (17), as so redesignated, the following:

“(18) POLITICAL INTELLIGENCE ACTIVITIES.—The term ‘political intelligence activities’ means political intelligence contacts and efforts in support of such contacts, including preparation and planning activities, research, and other background work that is intended, at the time it is performed, for use in contacts, and coordination with such contacts and efforts of others.

“(19) POLITICAL INTELLIGENCE CONSULTANT.—The term ‘political intelligence consultant’ means any individual who is employed or retained by a client for financial or other compensation for services that include one or more political intelligence contacts, including an individual who provides brokerage and research services under section 28(e) of the Securities Exchange Act of 1934 (15 U.S.C. 78bb(e)).

“(20) POLITICAL INTELLIGENCE CONTACT.—

“(A) DEFINITION.—The term ‘political intelligence contact’ means any oral or written communication (including an electronic communication)—

“(i) to a covered executive branch official or a covered legislative branch official;

“(ii) the information derived from which is for use in—

“(I) analyzing the markets for securities, commodities for future delivery, swaps, or security-based swaps; or

“(II) informing investment decisions in any such market; and

“(iii) which is made on behalf of a client with regard to—

“(I) the formulation, modification, or adoption of Federal legislation (including legislative proposals);

“(II) the formulation, modification, or adoption of a Federal rule, regulation, Executive order, or any other program, policy, or position of the United States Government;

“(III) the administration or execution of a Federal program or policy (including the negotiation, award, or administration of a Federal contract, grant, loan, permit, or license); or

“(IV) the nomination or confirmation of a person for a position subject to confirmation by the Senate.

“(B) EXCEPTION.—The term ‘political intelligence contact’ does not include a communication that is—

“(i) made by a representative of a media organization if the purpose of the communication is gathering and disseminating news and information to the public;

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

“(iii) made on behalf of a government of a foreign country or a foreign political party and disclosed under the Foreign Agents Registration Act of 1938, as amended (22 U.S.C. 611 et seq.);

“(iv) a request for a meeting, a request for the status of an action, or any other similar administrative request, if the request does not include an attempt to influence a covered executive branch official or a covered legislative branch official;

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

“(vi) testimony given before a committee, subcommittee, or task force of either House of Congress or the Congress, or submitted for inclusion in the public record of a hearing conducted by such committee, subcommittee, or task force;

“(vii) information provided in writing in response to an oral or written request by a covered executive branch official or a covered legislative branch official for specific information;

“(viii) required by subpoena, civil investigative demand, or otherwise compelled by statute, regulation, or other action of the Congress or an agency, including any communication compelled by a Federal contract, grant, loan, permit, or license;

“(ix) made in response to a notice in the Federal Register, Commerce Business Daily, or other similar publication soliciting communications from the public and directed to the agency official specifically designated in the notice to receive such communications;

“(x) not possible to report without disclosing information, the unauthorized disclosure of which is prohibited by law;

“(xi) made to an official in an agency with regard to—

“(I) a judicial proceeding or a criminal or civil law enforcement inquiry, investigation, or proceeding; or

“(II) a filing or proceeding that the Government is specifically required by statute or regulation to maintain or conduct on a confidential basis, if that agency is charged with responsibility for such proceeding, inquiry, investigation, or filing;

“(xii) made in compliance with written agency procedures regarding an adjudication conducted by the agency under section 554 of title 5, United States Code, or substantially similar provisions;

“(xiii) a written comment filed in the course of a public proceeding or any other communication that is made on the record in a public proceeding;

“(xiv) a petition for agency action made in writing and required to be a matter of public record pursuant to established agency procedures;

“(xv) made on behalf of an individual with regard to that individual's benefits, employment, or other personal matters involving only that individual, except that this clause does not apply to any communication with a covered legislative branch official (other than the individual's elected Members of Congress or employees who work under such Members' direct supervision), with respect to the formulation, modification, or adoption of private legislation for the relief of that individual;

“(xvi) a disclosure by an individual that is protected under paragraphs (8) and (9) of section 2302 of title 5, United States Code (or another comparable Federal statute), under the Inspector General Act of 1978 (5 U.S.C. App.), or under another provision of law;

“(xvii) made by—

“(I) a church, its integrated auxiliary, or a convention or association of churches that is exempt from filing a Federal income tax return under paragraph (2)(A)(i) of section 6033(a) of the Internal Revenue Code of 1986; or

“(II) a religious order that is exempt from filing a Federal income tax return under paragraph (2)(A)(iii) of such section 6033(a); or

“(xviii) (I) between—

“(aa) officials of a self-regulatory organization (as defined in section 3(a)(26) of the Securities Exchange Act of 1934 (15 U.S.C. 78c(a)(26)) that is registered with or established by the Securities and Exchange Commission as required by that Act or a similar organization that is designated by or registered with the Commodities Future Trading Commission as provided under the Commodity Exchange Act (7 U.S.C. 1 et seq.); and

“(bb) the Securities and Exchange Commission or the Commodities Future Trading Commission, respectively; and

“(II) relating to the regulatory responsibilities of such organization under that Act.

“(21) POLITICAL INTELLIGENCE FIRM.—The term ‘political intelligence firm’ means a person or entity that has one or more employees who are political intelligence consultants to a client other than that person or entity.”;

(8) by inserting after paragraph (22), as so redesignated, the following:

“(23) SECURITY.—The term ‘security’ has the meaning given such term in section 3(a)(10) of the Securities Exchange Act of 1934 (15 U.S.C. 78c(a)(10)).

“(24) SECURITY-BASED SWAP.—The term ‘security-based swap’ has the meaning given such term in section 3(a)(68) of the Securities Exchange Act of 1934 (15 U.S.C. 78c(a)(68)).”; and

(9) by adding at the end the following:

“(26) SWAP.—The term ‘swap’ has the meaning given such term in section 1a(47) of the Commodity Exchange Act (7 U.S.C. 1a(47)).”.

(b) Registration requirement.—Section 4 of the Lobbying Disclosure Act of 1995 (2 U.S.C. 1603) is amended—

(1) in the section heading, by inserting “and political intelligence consultants” after “lobbyists”;

(2) in subsection (a)—

(A) by amending paragraph (1) to read as follows:

“(1) GENERAL RULE.—A lobbyist or a political intelligence consultant (or, as provided under paragraph (2), the organization employing such lobbyist or consultant), shall register with the Director of the Office of Public Integrity—

“(A) no later than 30 days after—

“(i) the lobbyist is first employed or retained to engage in lobbying activities on behalf of a client or first engages in lobbying activities, whichever is earlier; or

“(ii) the political intelligence consultant first makes a political intelligence contact or is employed or retained to make a political intelligence contact, whichever is earlier; or

“(B) on the first business day after such 30th day if the 30th day is not a business day.”;

(B) in paragraph (2), by inserting after “lobbyists” each place that term appears the following: “or political intelligence consultants”; and

(C) in paragraph (3)(A)—

(i) in clause (i)—

(I) by inserting after “lobbying activities” the following: “and political intelligence activities”; and

(II) by inserting after “lobbying firm” the following: “or political intelligence firm”; and

(ii) in clause (ii)—

(I) by inserting after “lobbying activities” the first place it appears the following: “and political intelligence activities”; and

(II) by inserting after “lobbying activities” the second place it appears the following: “or political intelligence activities”;

(3) in subsection (b)—

(A) in paragraph (3), by inserting after “lobbying activities” each place that term appears the following: “or political intelligence activities”;

(B) in paragraph (5), by inserting after “lobbying activities” each place that term appears the following: “or political intelligence activities”;

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

(D) in paragraph (7), by inserting “or political intelligence consultant” after “lobbyist”;

(E) in the matter following paragraph (7), by adding “Any threshold dollar amount or percentage described in this subsection relates to the sum of the income, contributions, or percent equitable ownership related to lobbying activities and the income, contributions, or percent equitable ownership related to political intelligence activities.” at the end; and

(4) in subsection (d), by inserting after “lobbying activities” each place that term appears the following: “or political intelligence activities”.

(c) Reports by registered political intelligence consultants.—Section 5 of the Lobbying Disclosure Act of 1995 (2 U.S.C. 1604) is amended—

(1) in the section heading, by inserting “and political intelligence consultants” after “lobbyists”;

(2) in subsection (a), by inserting after “lobbying activities” the following: “and political intelligence activities”;

(3) in subsection (b)—

(A) in paragraph (2)—

(i) in the matter preceding subparagraph (A), by inserting after “lobbying activities” the following: “or political intelligence activities”;

(ii) in subparagraph (A)—

(I) by inserting after “lobbyist” the following: “or political intelligence consultant”; and

(II) by inserting after “lobbying activities” the following: “or political intelligence activities”;

(iii) in subparagraph (B), by inserting after “lobbyists” the following: “or political intelligence consultants”; and

(iv) in subparagraph (C), by inserting after “lobbyists” the following: “or political intelligence consultants”;

(B) in paragraph (3)—

(i) by inserting after “lobbying firm” the following: “or political intelligence firm”; and

(ii) by inserting after “lobbying activities” each place that term appears the following: “or political intelligence activities”;

(C) in paragraph (4), by inserting after “lobbying activities” each place that term appears the following: “or political intelligence activities”; and

(D) in paragraph (6), by inserting “or political intelligence consultant” after “lobbyist”; and

(4) in subsection (d)(1), in the matter preceding subparagraph (A), by inserting “or a political intelligence consultant” after “a lobbyist”.

(d) Disclosure and enforcement.—Section 6(a) of the Lobbying Disclosure Act of 1995 (2 U.S.C. 1605(a)) is amended—

(1) in paragraph (3)(A), by inserting after “lobbying firms,” the following: “political intelligence consultants, political intelligence firms,”;

(2) in paragraph (7), by striking “or lobbying firm” and inserting “lobbying firm, political intelligence consultant, or political intelligence firm”; and

(3) in paragraph (8), by striking “or lobbying firm” and inserting “lobbying firm, political intelligence consultant, or political intelligence firm”.

(e) Rules of construction.—Section 8(b) of the Lobbying Disclosure Act of 1995 (2 U.S.C. 1607(b)) is amended by striking “or lobbying contacts” and inserting “lobbying contacts, political intelligence activities, or political intelligence contacts”.

(f) Identification of clients and covered officials.—Section 14 of the Lobbying Disclosure Act of 1995 (2 U.S.C. 1609) is amended—

(1) in subsection (a)—

(A) in the heading, by inserting “or Political Intelligence” after “Lobbying”;

(B) by inserting “or political intelligence contact” after “lobbying contact” each place that term appears; and

(C) in paragraph (2), by inserting “or political intelligence activity, as the case may be” after “lobbying activity”;

(2) in subsection (b)—

(A) in the heading, by inserting “or Political Intelligence” after “Lobbying”;

(B) by inserting “or political intelligence contact” after “lobbying contact” each place that term appears; and

(C) in paragraph (2), by inserting “or political intelligence activity, as the case may be” after “lobbying activity”; and

(3) in subsection (c), by inserting “or political intelligence contact” after “lobbying contact”.

(g) Gifts.— Section 25 of the Lobbying Disclosure Act of 1995 (2 U.S.C. 1613) is amended—

(1) in the section heading, by inserting “and political intelligence consultants” after “lobbyists”; and

(2) in subsection (b)—

(A) by inserting “or political intelligence consultant” after “any lobbyist”;

(B) by inserting “or political intelligence consultants” after “1 or more lobbyists”; and

(C) by inserting “or political intelligence consultant” after “listed as a lobbyist”.

(h) Annual audits and reports by comptroller general.—Section 26 of the Lobbying Disclosure Act of 1995 (2 U.S.C. 1614) is amended—

(1) in subsection (a)—

(A) by inserting “political intelligence firms, political intelligence consultants,” after “lobbying firms”; and

(B) by striking “lobbying registrations” and inserting “registrations”;

(2) in subsection (b)(1)(A), by inserting “political intelligence firms, political intelligence consultants,” after “lobbying firms”; and

(3) in subsection (c), by inserting “or political intelligence consultant” after “a lobbyist”.

The amendments made by this subtitle shall apply with respect to any political intelligence contact (as defined in section 3 of the Lobbying Disclosure Act of 1995 (2 U.S.C. 1602), as amended by this subtitle) that is made on or after the date that is 1 year after the date of the enactment of this Act.

The Lobbying Disclosure Act of 1995 (2 U.S.C. 1601 et seq.) is amended—

(1) in section 4(d) (2 U.S.C. 1603(d)), in the flush text following paragraph (2), by striking “Secretary of the Senate and the Clerk of the House of Representatives” and inserting “Director of the Office of Public Integrity”;

(2) in section 5 (2 U.S.C. 1604)—

(A) in subsection (a), by striking “Secretary 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 preceding subparagraph (A), by striking “Secretary 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 Senate or the Clerk of the House of Representatives” and inserting “Director of the Office of Public Integrity”; and

(ii) by striking “Secretary of the Senate and the Clerk of the House of Representatives” 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 “Secretary of the Senate and the Clerk of the House of Representatives” and inserting “Director of the Office 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 striking “Secretary of the Senate or the Clerk of the House of Representatives” and inserting “Director of the Office of Public Integrity”.

Section 3 of the Lobbying Disclosure Act of 1995 (2 U.S.C. 1602) is amended—

(1) by inserting after paragraph (3), as added by section 151(a) of this Act, the following:

“(4) CORPORATE LOBBYIST.—The term ‘corporate lobbyist’ means a lobbyist that, for financial or other compensation for services that include lobbying activities, is employed or retained by a client that is—

“(A) a covered for-profit entity; or

“(B) an entity described in section 501(c)(6) of the Internal Revenue Code of 1986 of which 1 or more members are covered for-profit entities.”;

(2) by inserting after paragraph (5), as so redesignated by section 151(a) of this Act, the following:

“(6) COVERED FOR-PROFIT ENTITY.—The term ‘covered for-profit entity’—

“(A) means—

“(i) a corporation, limited liability company, or other entity that is created by the filing of a public document with a secretary 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 Internal Revenue Code of 1986;

“(ii) a political organization, as defined in section 527 of such Code, that is exempt from taxation under that section.”;

(3) in paragraph (11), as so redesignated by section 151(a) of this Act, by inserting “provision of strategic advice, and” after “planning activities,”;

(4) in paragraph (10)(B), as so redesignated by section 151(a) of this Act—

(A) by striking clause (v); and

(B) by redesignating clauses (vi) through (xix) as clauses (v) through (xviii), respectively; and

(5) by striking paragraph (13), as so redesignated by section 151(a) of this Act, and inserting the following:

“(13) LOBBYIST.—The term ‘lobbyist’—

“(A) means an individual who is employed or retained by a client for financial or other compensation—

“(i) for services that include making 1 or more lobbying contacts; or

“(ii) to engage in lobbying activities that do not include making lobbying contacts; and

“(B) includes a corporate lobbyist.”.

Section 4 of the Lobbying Disclosure Act of 1995 (2 U.S.C. 1603) is amended—

(1) in subsection (a)(3)—

(A) in subparagraph (A)—

(i) by redesignating clauses (i) and (ii) as subclauses (I) and (II), respectively, and adjusting the margins accordingly;

(ii) in the matter preceding subclause (I), as so redesignated, by striking “entity whose—” and inserting the following: “entity—

“(i) of which the—”;

(iii) in clause (i), as so designated—

(I) in subclause (I), as so redesignated, by inserting “, as estimated under section 5” after “$2,500”; and

(II) in subclause (II), as so redesignated, by inserting “as estimated under section 5; or” after “$10,000,”;

(iv) by inserting after clause (i)(II), as so designated, the following:

“(ii) that engages in lobbying activities for less than 8 hours,”; and

(v) in the flush text following clause (ii)—

(I) by striking “(as estimated under section 5)”; and

(II) by striking “with respect to such client” and inserting “, in the case of a person or entity described in subclause (I) or (II) of clause (i), with respect to such client, or, in the case of a person or entity described in clause (ii), with respect to any client of the person or entity.”; and

(B) in subparagraph (B), by striking “subparagraph (A)” and inserting “subparagraph (A)(i)”;

(2) in subsection (b)—

(A) by striking paragraph (4);

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

(C) in paragraph (4), as so redesignated—

(i) in subparagraph (A)—

(I) by striking “the general issues areas” and inserting “each specific 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 redesignated—

(I) by striking “to the extent practicable, specific issues that have” and inserting “each specific issue, including any Federal legislation, rule, or regulation, or Executive order, that has”; and

(II) by striking “are” and inserting “is”;

(D) in paragraph (5), as so redesignated, by striking the period and inserting a semicolon; 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 retained, by the registrant to engage in any lobbying activity on behalf of the client of the registrant—

“(A) the name, address, business telephone number, and principal place of business of the person or entity;

“(B) a description of any lobbying contact that, as of the date of the registration, has been made in, or is likely to be made, on behalf of the client of the registrant by the person or entity;

“(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 registration, has supervised, or who is likely to supervise, 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 registrant that engages in lobbying activities or political intelligence activities on behalf of more than 1 client, the registrant shall file a separate registration for each client.”.

(a) Quarterly reports.—Section 5(b) of the Lobbying Disclosure Act of 1995 (2 U.S.C. 1604(b)) is amended—

(1) by striking paragraph (2) and inserting the following:

“(2) a statement of—

“(A) each specific issue with respect to which the registrant, or any employee of the registrant, engaged in lobbying activities or political intelligence activities, including, to the maximum extent practicable, a statement of each bill number and reference to any specific Federal rule or regulation, Executive order, or any other program, policy, or position of the United States Government;

“(B) each lobbying activity or political intelligence activity that the registrant has engaged in on behalf of the client, including—

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

“(ii) each meeting conducted that constituted a lobbying contact or a political intelligence contact, including the subject of the meeting, the date of the meeting, and the name and position of each individual who was a party to the meeting;

“(iii) each phone call made that constituted a lobbying contact or a political intelligence 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 or a political intelligence contact, including the subject of the email, the date of the email, and the name and position of each individual who was a party to the email;

“(C) the name of each employee of the registrant who did not participate in the lobbying contact or a political intelligence contact but engaged in lobbying activities or political intelligence activities, respectively, in support of the lobbying contact or political intelligence contact, respectively, and a description of any such lobbying activity or a political intelligence activity; and

“(D) with respect to any person or entity retained by the registrant to engage in lobbying activities or political intelligence activities on behalf of the client of the registrant—

“(i) the name, address, business telephone number, and principal place of business of the person or entity;

“(ii) a description of any lobbying activity or political intelligence activity by the person or entity on behalf of the client of the registrant;

“(iii) the amount the registrant paid to the person or entity for any lobbying activity or political intelligence activity by the person or entity on the behalf of the client of the registrant;

“(iv) the name of each employee of the person or entity who supervised any lobbying activity or political intelligence activity by the person or entity on behalf of the client of the registrant; and

“(v) the official action or inaction requested in the course of the lobbying activity;”.

(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 executive branch official in the course of any lobbying activity by the registrant on behalf of the client.”.

(b) Estimates based on tax reporting system.—Section 15 of the Lobbying Disclosure Act (2 U.S.C. 1610) is repealed.

(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:

(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”.

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:

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 congressional employees”;

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

“(a) Prohibition.—Except as provided in subsection (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 legislative branch official or a covered executive branch official if—

“(1) the gift or travel complies with any applicable rule of the Senate, House of Representatives, or executive branch applicable to the recipient of the gift or travel; and

“(2) the gift or travel—

“(A) is based on the personal or family relationship of the person with the covered legislative 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 official, unless the covered legislative branch official or a covered executive branch official has reason to believe that the gift or travel was given because of the official position of the covered legislative branch official or a covered executive branch official;

“(B) is a discount or similar benefit;

“(C) results from the business or employment activities of the spouse of the covered legislative branch official or a covered executive branch official;

“(D) is a gift or travel customarily provided by a prospective employer in connection with bona fide employment discussions;

“(E) in the case of a covered executive branch official, is of a kind authorized by a supplemental agency regulation that is—

“(i) issued by the agency that employs the covered executive branch official; and

“(ii) approved by the Director of the Office of Public Integrity; or

“(F) may be accepted by the covered legislative branch official or covered executive branch official under specific Federal statutory authority.”.

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

(1) in subsection (a), by striking “this subchapter, ‘agency’, ‘employee’, ‘position’,” and inserting 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 entity for which the pay of the employees of the agency, office, or other entity is disbursed by the Secretary of the Senate or the Chief Administrative Officer of the House of Representatives;

“(2) ‘employee’—

“(A) means an individual employed in or under an agency; and

“(B) does not include a Member of Congress; and

“(3) ‘position’,”; and

(2) in subsection (b), by inserting “and employees in positions in an agency described in subsection (a)(1)(B)” after “chapter 51 applies”.

(b) Technical and conforming amendments.—

(1) Section 5 of the Federal Pay Comparability Act of 1970 (2 U.S.C. 4531) is repealed.

(2) Section 311 of the Legislative Branch Appropriations Act, 1988 (2 U.S.C. 4532) is repealed.

(3) Sections 471 and 475 of the Legislative Reorganization Act of 1970 (2 U.S.C. 4533, 4534) are repealed.

(4) Section 4 of the Federal Pay Comparability Act of 1970 (2 U.S.C. 4571) is repealed.

(5) Section 107 of the Legislative Branch Appropriation Act, 1977 (2 U.S.C. 4572) is repealed.

(6) Section 315 of the Legislative Branch Appropriations Act, 1991 (2 U.S.C. 4573) is repealed.

(7) Section 105 of the Legislative Branch Appropriation 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 Appropriation 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 ¹⁄12 th 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.”.

(a) Authorization of appropriations.—Section 12(a) of the Technology Assessment Act of 1972 (2 U.S.C. 481(a)) is amended by striking “there is hereby” and all that follows through the period at the end and inserting “for each fiscal year there is authorized to be appropriated to the Office such sums as may be necessary.”.

(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 Technology Assessment Board are appointed under subsection (b), and after reviewing recommendations relating to the reestablishment of the Office of Technology Assessment and meeting with relevant stakeholders, the Technology Assessment Board shall submit to Congress recommendations concerning how Congress should enhance technology assessment support 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 determines appropriate.

(2) REVIEW.—Not later than 90 days after the date on which Congress receives the recommendations under paragraph (1), each committee of the Senate or the House of Representatives with jurisdiction of any issue relating to technology assessment 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 Congressional 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 Assessment Board,” after “Comptroller General,”.

(3) INCLUSION AS AN INSTRUMENTALITY OF CONGRESS.—Section 510(4) of the Americans with Disabilities Act of 1990 (42 U.S.C. 12209(4)) is amended by striking “following:,” and inserting “following: 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”.

(a) Tax provisions relating to lobbying expenditures.—

(1) EXCISE TAX ON EXPENDITURES FOR LOBBYING ACTIVITIES.—

(A) IN GENERAL.—Chapter 33 of the Internal Revenue Code of 1986 is amended by inserting after subchapter C the following new subchapter:

“Sec.
“4286. Imposition of tax.

(B) CONFORMING AMENDMENT.—The table of subchapters for chapter 33 of such Code is amended by inserting after the item related to subchapter C the following new item:

(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 enactment of this Act.

(2) MODIFICATION OF DEFINITION OF INFLUENCING LEGISLATION FOR PURPOSES OF RESTRICTIONS ON CERTAIN CHARITABLE ORGANIZATIONS.—

(A) IN GENERAL.—Section 4911(e)(2) of the Internal Revenue Code of 1986 is amended—

(i) by striking “includes action with respect to Acts, bills” and inserting “includes—

“(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, Executive order, or any other program, policy, or position of the United States Government,

“(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 confirmation by the Senate.”.

(B) CONFORMING AMENDMENTS.—Section 4911(e) of such Code is amended by striking paragraph (3) and redesignating paragraph (4) as paragraph (3).

(C) EFFECTIVE DATE.—The amendments made by this paragraph shall take effect 180 days after the date of the enactment of this Act.

(b) Lobbying Defense Trust Fund.—

(1) ESTABLISHMENT OF FUND.—

(A) IN GENERAL.—Subchapter A of chapter 98 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section:

(2) CLERICAL AMENDMENT.—The table of sections for subchapter A of chapter 98 of such Code is amended by adding at the end the following new item:

“9512. Lobbying Defense Trust Fund.”.

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

Section 14 of the Lobbying Disclosure Act of 1995 (2 U.S.C. 1609) is amended—

(1) by striking subsections (a) and (b) and inserting 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 person 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 subsection (b).

(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 incorporates or includes a scientific or technical study, or any other result of scientific research not published in a publicly 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 research;

“(3) the extent to which the findings of the study or research were reviewed by a party that may be affected by the rule making to which the submission relates;

“(4) the identity of any party identified under paragraph (3); and

“(5) the nature of any financial relationship, including 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 rule making 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.

(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 submitted by an interested person to an agency under subsection (c), the agency shall ensure that the study or research is available to the public, unless disclosure is prohibited under section 552 of this title.

“(h) (1) If a study or research submitted by an interested person to an agency under subsection (c) presents a conflict described in paragraph (2), the agency shall not consider the study or research in a rule making under this section and shall exclude the study or research from consideration, 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 regulated 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 rule making 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 enactment of this Act.

(a) Definitions.—In this section—

(1) the term “Administrator” means the Administrator of the Office;

(2) the terms “agency”, “regulatory action”, and “significant regulatory action” have the meanings given those terms in section 3 of the Executive Order;

(3) the term “Executive Order” means Executive Order 12866 (5 U.S.C. 601 note; relating to regulatory planning and review); and

(4) the term “Office” means the Office of Information 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 Administrator determines is a significant regulatory action under that section, the agency shall—

(1) not later than the date on which the agency publishes the general notice of proposed rule making required under section 553(b) of title 5, United States Code, with respect to the action, place in the rule making docket—

(A) the substance of any changes between the text of the draft regulatory action that the agency provided to the Office under section 6(a)(3)(B)(i) of the Executive Order and the text published in that general notice with respect 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 Register, place in the rule making docket—

(A) the substance of any changes between the text of the regulatory action that the agency provided to the Office under section 6(a)(3)(B)(i) of the Executive Order and the text of the regulatory action that the agency published in the Federal Register; and

(B) a statement regarding whether any change described in subparagraph (A) was made at the request of—

(i) the Office;

(ii) another agency; or

(iii) a Member of Congress.

(c) Rule of construction.—Nothing in this section shall be construed—

(1) as an endorsement by Congress of—

(A) the institution of centralized regulatory review; or

(B) the procedural steps or requirements of an Executive order affecting administrative procedure; or

(2) as a requirement that the President—

(A) conduct centralized regulatory review; or

(B) adopt, administer, or implement an Executive order affecting administrative procedure.

(a) Definitions.—In this section—

(1) the term “Administrator” means the Administrator 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 Executive Order 12866 (5 U.S.C. 601 note; relating to regulatory planning and review); and

(4) the term “Office” means the Office of Information 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 action to the Office under that section, after publishing the general notice of proposed rule making with respect to the action under section 553(b) of title 5, United States Code), the agency shall publish in the Federal Register and on the website of the 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 agency to withdraw a regulatory action shall include, at a minimum—

(A) a detailed explanation of the reasons why the agency withdrew the action; and

(B) an explanation regarding whether the decision by the agency to withdraw the action was based, in whole or in part, on a request by, or input from—

(i) the Office;

(ii) another agency;

(iii) a Member of Congress;

(iv) a State, local, or Tribal government; or

(v) an organization, a corporation, a member of the public, or another interested party.

(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 inserting “between agencies and Federal, State, local, or Tribal governments. This subchapter shall apply only to information negotiations between Federal, State, local, or Tribal governments” after “informal rulemaking process”;

(2) in section 563—

(A) in subsection (a)—

(i) in paragraph (2), by inserting “Federal, State, local, or Tribal government” after “identifiable”; and

(ii) in paragraph (3), by striking “persons who” and inserting “representatives of Federal, State, local, and Tribal governments that”;

(B) in subsection (b)—

(i) in paragraph (1)—

(I) in subparagraph (A)—

(aa) by striking “persons who” and inserting “Federal, State, local, or Tribal governments that”; and

(bb) by striking “, including residents of rural areas”; and

(II) in subparagraph (B)—

(aa) by striking “with such persons” and inserting “with representatives of those governments”; and

(bb) by striking “to such persons” and inserting “to those governments”; and

(ii) in paragraph (2), in the second sentence—

(I) by striking “persons who” and inserting “representatives of Federal, State, local, or Tribal governments that”; and

(II) by striking “, including residents of rural areas”;

(3) in section 564—

(A) in the section heading, by striking “; applications for membership on committees”;

(B) in subsection (a)—

(i) in paragraph (4), by striking “the persons” and inserting “the representatives of Federal, State, local, and Tribal governments”;

(ii) in paragraph (6), by adding “and” at the end;

(iii) in paragraph (7), by striking “; and” and inserting a period; and

(iv) by striking paragraph (8);

(C) by striking subsection (b);

(D) by redesignating subsection (c) as subsection (b); and

(E) in subsection (b), as so redesignated—

(i) in the subsection heading, by striking “and applications”; and

(ii) by striking “and applications”;

(4) in section 565(a)—

(A) in paragraph (1), in the first sentence, by striking “and applications”; and

(B) in paragraph (2)—

(i) by striking “and applications”; and

(ii) by striking “publications,” and all that follows through the period at the end and inserting “publications.”; and

(5) in section 569(a), in the first sentence—

(A) by striking “and encourage agency use of”; and

(B) by inserting “between Federal, State, local, and Tribal governments” after “negotiated rulemaking”.

(b) Technical and conforming amendments.—

(1) BALANCED BUDGET ACT OF 1997.—Section 4554(b)(1) of the Balanced Budget Act of 1997 (42 U.S.C. 1395u note) is amended by striking “, using a negotiated rulemaking process under subchapter III of chapter 5 of title 5, United States Code”.

(2) ELEMENTARY AND SECONDARY EDUCATION ACT OF 1965.—The Elementary and Secondary Education Act of 1965 (20 U.S.C. 6301 et seq.) is amended—

(A) in section 1601 (20 U.S.C. 6571)—

(i) in subsection (a), by striking “subsections (b) through (d)” and insert “subsection (b)”;

(ii) by striking subsections (b) and (c); and

(iii) by redesignating subsections (d) and (e) as subsections (b) and (c), respectively;

(B) by repealing section 1602 (20 U.S.C. 6572); and

(C) in section 8204(c)(1) (20 U.S.C. 7824(c)(1)), by striking “using a negotiated rulemaking process to develop regulations for implementation no later than the 2017-2018 academic year, shall define” and inserting “shall, for implementation no later than the 2017–2018 academic year, define”.

(3) HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT OF 1996.—Section 216(b) of the Health Insurance Portability and Accountability Act of 1996 (42 U.S.C. 1320a–7b note) is amended—

(A) in the subsection heading, by striking “Negotiated”;

(B) by striking “(1) Establishment.—” and all that follows through “chapter 5 of title 5, United States Code, standards” and inserting the following:

“(1) IN GENERAL.—The Secretary of Health and Human Services (in this subsection referred to as the ‘Secretary’) shall establish standards”;

(C) by striking paragraphs (2) through (9);

(D) by redesignating subparagraph (B) of paragraph (1) as paragraph (2) and adjusting the margins accordingly; and

(E) in paragraph (2), as so redesignated, by striking “subparagraph (A)” and inserting “paragraph (1)”.

(4) HIGHER EDUCATION ACT OF 1965.—The Higher Education Act of 1965 (20 U.S.C. 1001 et seq.) is amended—

(A) in section 207 (20 U.S.C. 1022f)—

(i) by striking subsection (c); and

(ii) by redesignating subsection (d) as subsection (c);

(B) in section 422(g)(1) (20 U.S.C. 1072(g)(1))—

(i) in subparagraph (B), by adding “and” at the end;

(ii) in subparagraph (C), by striking “; and” and inserting a period; and

(iii) by striking subparagraph (D);

(C) in section 487A(b)(3)(B) (20 U.S.C. 1094a(b)(3)(B)), by striking “in the negotiated rulemaking process”;

(D) in section 491(l)(4)(A) (20 U.S.C. 1098(l)(4)(A)), by striking “, not later than two years after the completion of the negotiated rulemaking process required under section 492 resulting from the amendments to this Act made by the Higher Education Opportunity Act,”; and

(E) in section 492 (20 U.S.C. 1098a)—

(i) in the section heading, by striking “negotiated”; and

(ii) by amending subsection (b) to read as follows:

“(b) Issuance of regulations.—After obtaining the advice and recommendations described in subsection (a)(1), the Secretary shall issue final regulations within the 360-day period described in section 437(e) of the General Education Provisions Act (20 U.S.C. 1232(e)).”.

(5) HOUSING ACT OF 1949.—Section 515(r)(3) of the Housing Act of 1949 (42 U.S.C. 1485(r)(3)) is amended by striking “in accordance with” and all that follows through the period at the end and inserting “under the rule making authority contained in section 557 of title 5, United States Code.”.

(6) MAGNUSON-STEVENS FISHERY CONSERVATION AND MANAGEMENT ACT.—Section 305(g) of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1855(g)) is amended—

(A) by striking paragraphs (2) and (3);

(B) in paragraph (1)—

(i) by striking “(A)”; and

(ii) by redesignating subparagraph (B) as paragraph (2) and adjusting the margins accordingly; and

(C) in paragraph (2), as so redesignated, by striking the second sentence.

(7) MANDATORY PRICE REPORTING ACT OF 2010.—Section 2(b) of the Mandatory Price Reporting Act of 2010 (Public Law 111–239; 124 Stat. 2501) is amended—

(A) by striking “Wholesale pork cuts” and all that follows through “Chapter 3” and inserting “Wholesale pork cuts.—Chapter 3”; and

(B) by striking paragraphs (2), (3), and (4) (7 U.S.C. 1635k note).

(8) PATIENT PROTECTION AND AFFORDABLE CARE ACT.—Section 5602 of the Patient Protection and Affordable Care Act (42 U.S.C. 254b note) is amended—

(A) in the section heading, by striking “Negotiated”;

(B) by striking subsections (b) through (h);

(C) in subsection (a)—

(i) by redesignating paragraph (2) as subsection (b) and adjusting the margins accordingly;

(ii) by striking “Establishment” and all that follows through “The Secretary of Health and Human Services (in this section referred to as the ‘Secretary’) shall establish, through a negotiated rulemaking process under subchapter 3 of chapter 5 of title 5, United States Code,” and inserting “Establishment.—The Secretary of Health and Human Services (in this section referred to as the ‘Secretary’) shall establish”;

(iii) by redesignating subparagraphs (A) and (B) as paragraphs (1) and (2), respectively, and adjusting the margins accordingly; and

(iv) in paragraph (1), as so redesignated, by adding “and” at the end; and

(D) in subsection (b), as so redesignated, by striking “paragraph (1)” and inserting “subsection (a)”.

(9) PRICE-ANDERSON AMENDMENTS ACT OF 1988.—Section 19 of the Price-Anderson Amendments Act of 1988 (42 U.S.C. 2210 note) is amended—

(A) by striking subsection (b); and

(B) in subsection (a)—

(i) by striking “Rulemaking” and all that follows through “The Nuclear” and inserting “Rulemaking Proceeding.—The Nuclear”; and

(ii) by redesignating paragraph (2) as subsection (b) and adjusting the margins accordingly.

(10) SOCIAL SECURITY ACT.—Title XVIII of the Social Security Act (42 U.S.C. 1395 et seq.) is amended—

(A) in section 1834(l)(1) (42 U.S.C. 1395m(l)(1)), by striking “through a negotiated rulemaking process described in title 5, United States Code, and”; and

(B) in section 1856(a) (42 U.S.C. 1395w–26(a))—

(i) by striking paragraphs (2) through (9);

(ii) in paragraph (1)—

(I) by striking “Establishment” and all that follows through “The Secretary” and inserting “Establishment.—The Secretary”;

(II) by striking “and using a negotiated rulemaking process under subchapter III of chapter 5 of title 5, United States Code”; and

(III) by redesignating subparagraphs (B) and (C) as paragraphs (2) and (3), respectively, and adjusting the margins accordingly; and

(iii) in paragraph (2), as so redesignated—

(I) by striking “subparagraph (A)” and inserting “paragraph (1)”; and

(II) by redesignating clauses (i), (ii), and (iii) as subparagraphs (A), (B), and (C), respectively, and adjusting the margins accordingly.

(11) TITLE 5.—The table of sections for subchapter III of chapter 5 of title 5, United States Code, is amended by striking the item relating to section 564 and inserting the following:

“564. Publication of notice.”.

(12) TITLE 49.—Section 31136(g)(1) of title 49, United States Code, is amended—

(A) by striking “shall—” and all that follows through “issue” and inserting “shall issue”;

(B) by striking “; or” and inserting a period; and

(C) by striking subparagraph (B).

(13) TOXIC SUBSTANCES CONTROL ACT.—Section 8(a) of the Toxic Substances Control Act (15 U.S.C. 2607(a)) is amended—

(A) by striking paragraph (6); and

(B) by redesignating paragraph (7) as paragraph (6).

(14) UNITED STATES HOUSING ACT OF 1937.—Section 9 of the United States Housing Act of 1937 (42 U.S.C. 1437g) is amended by repealing subsection (f).

(a) Definitions.—In this section—

(1) the term “Administrator” means the Administrator of the Office;

(2) the terms “agency”, “regulatory action”, and “significant regulatory action” have the meanings given those terms in section 3 of the Executive Order;

(3) the term “Executive Order” means Executive Order 12866 (5 U.S.C. 601 note; relating to regulatory planning and review); and

(4) the term “Office” means the Office of Information and Regulatory Affairs.

(b) Prohibitions.—

(1) NON-EXECUTIVE BRANCH OFFICIALS.—With respect to a regulatory action of an agency, the Office may not engage in communications or meetings with an individual that is not employed by the executive branch of the Federal Government if the regulatory action is or may be subject to review by the Office under section 6(b) of the Executive Order.

(2) INFORMAL REVIEW.—With respect to a regulatory action of an agency that may be subject to review by the Office under section 6(b) of the Executive Order, the Office may not engage in communications or meetings with the agency before the date on which the agency submits the regulatory action to the Office under section 6(a)(3) of the Executive Order.

(c) Time period for OIRA review.—

(1) IN GENERAL.—Except as provided in paragraph (2), the Office shall complete a review of a significant regulatory action under section 6(b) of the Executive Order not less than 45 days after the date on which the Office receives the significant regulatory action under section 6(a)(3) of the Executive Order.

(2) EXTENSION.—The Office may extend the 45-day period described in paragraph (1) by a single 30-day period if the Office provides the agency with, and makes publicly available, a written justification for the extension.

(3) PUBLICATION OF REGULATORY ACTION.—If the Office waives review of a significant regulatory action of an agency under section 6(b)(2) of the Executive Order without a request for further consideration or does not notify the agency in writing of the results of the review under section 6(b) of the Executive Order within the time frame described in paragraph (1) or (2), the agency may publish the significant regulatory action in the Federal Register.

(d) Rule of construction.—Nothing in this section shall be construed—

(1) as an endorsement by Congress of—

(A) the institution of centralized regulatory review; or

(B) the procedural steps or requirements of an Executive order affecting administrative procedure; or

(2) as a requirement that the President—

(A) conduct centralized regulatory review; or

(B) adopt, administer, or implement an Executive order affecting administrative procedure.

Section 705 of title 5, United States Code, is amended—

(1) by striking the first sentence; and

(2) by adding at the end the following: “Notwithstanding the preceding sentence, with respect to agency action relating to notice and comment rule making under section 553 of this title, on such conditions as may be required and to the extent necessary to prevent irreparable injury, only the reviewing court to which a case may be taken on appeal from or on application for certiorari or other writ to a reviewing court or to the United States District Court for the District of Columbia may issue all necessary and appropriate process to postpone the effective date of the agency action or to preserve status or rights pending conclusion of the review proceedings.”.

Section 553 of title 5, United States Code, as amended by section 302 of this Act, is amended by adding at the end the following:

“(j) (1) In this subsection, the term ‘covered person’ means—

“(A) any person who is or is required to be registered as a corporate lobbyist, as defined in section 3 of the Lobbying Disclosure Act of 1995 (2 U.S.C. 1602);

“(B) any for-profit corporation;

“(C) any entity described in section 501(c)(6) of the Internal Revenue Code of 1986 of which 1 or more members are for-profit corporations; and

“(D) any person working on behalf of a for-profit corporation, including any person compensated by or otherwise financially supported by a corporation, for the purpose of submitting a statement or entry with respect to a rule making under this section.

“(2) Any covered person that uses any false writing or document knowing the same to contain any materially false, fictitious, or fraudulent statement or entry with respect to a rule making under this section shall be fined not more than $250,000, imprisoned not more than 5 years, or both.”.

Section 401 of the Ethics in Government Act of 1978 (5 U.S.C. App.) is amended by adding at the end the following:

“(d) (1) (A) There is established in the Office of Public Integrity an office to be known as the ‘Office of the Public Advocate’.

“(B) The Office of the Public Advocate shall be under the supervision of an official to be known as the ‘National Public Advocate’, who shall—

“(i) be appointed by the President, by and with the advice and consent of the Senate;

“(ii) report to the Director of the Office of Public Integrity;

“(iii) not be an employee of the Federal Government;

“(iv) be entitled to compensation at the same rate as the highest rate of basic pay established for the Senior Executive Service under section 5382 of title 5, United States Code;

“(v) have a background in customer service, consumer protection, and administrative law;

“(vi) have experience representing the public in cases involving rules (as defined in section 551 of title 5, United States Code);

“(vii) not have worked as an officer or employee in any Federal agency during the 2-year period preceding appointment under this subparagraph; and

“(viii) agree not to accept an offer of employment with a Federal agency for not less than 5 years after ceasing to serve as the National Public Advocate.

“(2) The duties of the Office of the Public Advocate shall include—

“(A) assisting individuals in resolving conflicts with agencies;

“(B) assisting agencies in soliciting public participation in the rule making process;

“(C) assisting individuals in participating in the rule making process; and

“(D) identifying areas in which the public has problems in dealing with agencies and proposing changes to mitigate those problems.

“(3) Not later than 180 days after the date on which the National Public Advocate is appointed under this subsection or 180 days after the date of enactment of this subsection, whichever is later, the National Public Advocate shall propose regulations to carry out this subsection.”.

(a) Definitions.—In this section, the terms “agency” and “rule” have the meanings given those terms in section 551 of title 5, United States Code.

(b) Actions.—

(1) IN GENERAL.—A person may bring a civil action for the person and for the United States Government, in the name of the Government, against any person, including the United States Government and any other governmental instrumentality or agency to the extent permitted by the Eleventh Amendment to the Constitution of the United States, for—

(A) a violation of a final rule issued by an agency; or

(B) the failure of the head of an agency to comply with any requirement under this Act.

(2) NOTICE.—A copy of the complaint and written disclosure of substantially all material evidence and information the person possesses shall be served on the Government pursuant to rule 4(d)(4) of the Federal Rules of Civil Procedure. The Government may elect to intervene and proceed with the action within 60 days after it receives both the complaint and the material evidence and information.

(3) PARTY CONDUCTING THE ACTION.—Before the expiration of the 60-day period under paragraph (2), the Government shall—

(A) proceed with the action, in which case the action shall be conducted by the Government; or

(B) notify the court that it declines to proceed with the action, in which case the person bringing the action shall have the right to conduct the action.

(4) AWARD TO PLAINTIFF.—

(A) GOVERNMENT PROCEEDS WITH ACTION.—If the Government proceeds with an action brought by a person under this subsection, the person shall receive at least 15 percent but not more than 25 percent of the proceeds of the action or settlement of the claim, depending upon the extent to which the person substantially contributed to the prosecution of the action. Any payment to a person under this subparagraph shall be made from the proceeds. The person shall also receive an amount for reasonable expenses that the court finds to have been necessarily incurred, plus reasonable attorney's fees and costs. The expenses, fees, and costs shall be awarded against the defendant.

(B) GOVERNMENT DOES NOT PROCEED WITH ACTION.—If the Government does not proceed with an action under this subsection, the person bringing the action or settling the claim shall receive an amount which the court decides is reasonable for collecting the civil penalty and damages. The amount shall be not less than 25 percent and not more than 30 percent of the proceeds of the action or settlement and shall be paid out of the proceeds. The person shall also receive an amount for reasonable expenses that the court finds to have been necessarily incurred, plus reasonable attorney's fees and costs. The expenses, fees, and costs shall be awarded against the defendant.

Section 706 of title 5, United States Code, is amended—

(1) in the first sentence of the matter preceding paragraph (1), by striking “To the extent necessary” and inserting “(a) In general.—To the extent necessary”;

(2) in subsection (a), as so designated, by inserting after the first sentence the following: “If a statute that an agency administers is silent or ambiguous, and an agency has followed the procedures in section 553 or 554 of this title, as applicable, a reviewing court shall defer to the agency’s reasonable or permissible interpretation of that statute.”;

(3) by striking “In making the foregoing determinations” and inserting the following:

“(b) Review of record.—In making the determinations under subsection (a)”;

(4) in subsection (b), as so designated, by inserting “except any part of the record that the agency excluded from consideration pursuant to section 553(h)(1) of this title,” after “party,”; and

(5) by adding at the end the following:

“(c) Unreasonable delay.—For purposes of subsection (a)(1), unreasonable delay shall include—

“(1) when an agency has not issued a notice of proposed rule making within 1 year of the date of enactment of the legislation mandating the rule making, where no deadline for the rule making was specified in the enacted law;

“(2) when an agency has not issued a final version of a proposed rule within 1 year of date on which the proposed rule was published in the Federal Register; and

“(3) when an agency has not implemented a final rule within 1 year of the implementation date published in the Federal Register or, if no implementation date was provided, within 1 year of the date on which the final rule was published in the Federal Register.”.

Section 553 of title 5, United States Code, as amended by section 308 of this Act, is amended by adding at the end the following:

“(k) (1) Not later than 2 business days after the date on which an agency publishes a notice of proposed rule making or a final rule under this section, the agency shall notify interested parties of the publication.

“(2) The Director of the Government Publishing Office shall establish a process under which an agency shall notify interested parties under paragraph (1) through email or postal mail.”.

Section 553(e) of title 5, United States Code, is amended—

(1) by inserting “(1)” before “Each agency”; and

(2) by adding at the end the following:

“(2) If, during a 60-day period, an agency receives more than 100,000 signatures on a single petition under paragraph (1), the agency shall, not later than 30 days after the date on which the agency receives the petition, provide a written response that includes—

“(A) an explanation of whether the agency has engaged or is engaging in the requested issuance, amendment, or repeal of a rule; and

“(B) if the agency has not engaged in the requested issuance, amendment, or repeal of a rule, a written explanation for not engaging in the requested issuance, amendment, or repeal.”.

Section 801(b) of title 5, United States Code, is amended—

(1) in paragraph (1), by striking “(1)”; and

(2) by striking paragraph (2).

(a) Definitions.—In this section, the terms “agency” and “regulation” have the meanings given those terms in section 3 of Executive Order 12866 (5 U.S.C. 601 note; relating to regulatory planning and review).

(b) Requirement.—If an agency is performing a cost-benefit analysis in the course of issuing a regulation, the agency shall—

(1) take into account the benefits of the regulation to the public, including the nonquantifiable benefits of the regulation; and

(2) adopt a regulation that prioritizes benefits to the public, including nonquantifiable benefits.

It is the sense of Congress that—

(1) the Federal Employees Pay Comparability Act of 1990 (as enacted by section 529 of Public Law 101–509), which was designed to ensure that the disparity in pay between Federal employees on the General Schedule and non-Federal employees is not greater than 5 percent, has not been implemented as envisioned, resulting in significant pay disparities between Federal Government and non-Federal employees, including private-sector employees;

(2) Federal employees have experienced pay challenges in recent years owing to pay freezes, reduced pay increases, and unpaid furlough days, which have adversely impacted the ability of the Federal Government to recruit and retain skilled employees; and

(3) the President and Congress should allow the statutory pay laws to be implemented as intended, providing an annual across-the-board pay adjustment and a locality pay adjustment that varies by specific pay locality area.

(a) In general.—Section 7353 of title 5, United States Code, is amended—

(1) in subsection (a), in the matter preceding paragraph (1), by striking “anything of value” and inserting “a gift”; and

(2) in subsection (d)—

(A) in paragraph (1), by striking “and” at the end;

(B) in paragraph (2), by striking the period at the end and inserting “; and”; and

(C) by adding at the end the following:

“(3) the term ‘gift’ means anything of value, including transportation, travel, lodgings and meals, whether provided in-kind, by purchase of a ticket, payment in advance, or reimbursement after the expense has been incurred.”.

(b) Regulations.—The Judicial Conference of the United States shall promulgate regulations to carry out the amendment made by subsection (a) with respect to the judicial branch.

(a) Judicial Education Fund.—

(1) ESTABLISHMENT.—Chapter 42 of title 28, United States Code, is amended by adding at the end the following:

(2) TECHNICAL AND CONFORMING AMENDMENT.—The table of sections for chapter 42 of title 28, United States Code, is amended by adding at the end the following:

“630. Judicial Education Fund. ”.

(b) Private judicial seminar gifts prohibited.—

(1) DEFINITIONS.—In this subsection—

(A) the term “gift” has the meaning given that term under section 7353 of title 5, United States Code, as amended by section 401;

(B) the term “institution of higher education” has the meaning given that term under section 101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a)); and

(C) the terms “national bar association”, “private judicial seminar”, and “State or local bar association” have the meanings given those terms under section 630 of title 28, United States Code, as added by subsection (a).

(2) REGULATIONS.—Not later than 180 days after the date of enactment of this Act, the Judicial Conference of the United States shall promulgate regulations to apply section 7353(a) of title 5, United States Code, to prohibit the solicitation or acceptance of a gift in connection with a private judicial seminar.

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

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

(B) Federal judges are not the primary audience at the private judicial seminar; and

(C) the gift accepted is—

(i) reimbursement from the private judicial seminar sponsor of reasonable transportation, food, or lodging expenses on any day on which the judge speaks, participates, or presents information, as applicable;

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

(iii) anything excluded from the definition of a gift under regulations of the Judicial Conference of the United States under sections 7351 and 7353 of title 5, United States Code, as in effect on the date of enactment of this Act.

(a) Sense of Congress.—It is the sense of Congress that in order for justices and judges, both of the supreme and inferior courts, to hold their offices during “good behaviour” under section 1 of article III of the Constitution of the United States, the judges and justices shall, among other requirements, adhere to the Code of Conduct for United States Judges adopted by the Judicial Conference of the United States described in this section.

(b) Applicability.—The Code of Conduct for United States Judges adopted by the Judicial Conference of the United States shall apply to the justices of the Supreme Court of the United States to the same extent as such Code applies to circuit and district judges.

(c) Enforcement.—The Judicial Conference shall establish procedures, modeled after the procedures set forth in chapter 16 of title 28, United States Code, under which—

(1) complaints alleging that a justice of the Supreme Court of the United States has violated the Code of Conduct referred to in subsection (a) may be filed with or identified by the Conference;

(2) such material, nonfrivolous complaints and any accompanying material are immediately referred to the Supreme Court Review Committee established in section 415; and

(3) further action, where appropriate, is taken by the Conference, with respect to such complaints.

(d) Submission to Congress; effective date.—

(1) SUBMISSION TO CONGRESS.—Not later than 180 days after the date of enactment of this Act, the Judicial Conference shall submit to Congress the procedures established under subsection (b).

(2) EFFECTIVE DATE.—The procedures established under subsection (b) shall take effect 1 year after the date of enactment of this Act.

(a) Recusal decisions.—Section 455 of title 28, United States Code, is amended by adding at the end the following:

“(g) Recusal lists.—

“(1) Each justice, judge, and magistrate judge of the United States shall maintain and submit to the Judicial Conference a list of each association or interest that would require the justice, judge, or magistrate to be recused under subsection (b)(4).

“(2) The Judicial Conference shall maintain and make publicly available online, at no cost, each list required under this subsection that is filed with the Judicial Conference in a format that is searchable, sortable, machine readable, downloadable, and accessible in multiple languages and to individuals with disabilities.

“(3) The Judicial Conference may issue public or private guidance to justices, judges, and magistrate judges of the United States regarding the contents of the lists under this subsection to ensure such lists comply with the disqualification requirements of (b)(4).”.

(b) Speeches.—

(1) IN GENERAL.—Each justice, judge, and magistrate judge of the United States shall maintain and submit to the Judicial Conference of the United States a copy of each speech or other significant oral communication made by the justice, judge or magistrate.

(2) AVAILABILITY.—The Judicial Conference of the United States shall maintain and make each speech or other significant oral communication submitted under paragraph (1) available to the public in printed form, upon request, and online, at no cost, in a format that is searchable, sortable, machine readable, downloadable, and accessible in multiple languages and to individuals with disabilities.

(3) REGULATIONS.—Not later than 180 days after the date of enactment of this Act, the Judicial Conference of the United States shall promulgate regulations regarding the types of oral communications that are required to be maintained, submitted, and made publicly available under this subsection.

(c) Livestreaming judicial proceedings.—

(1) DEFINITION.—In this section, the term “appellate court of the United States” means any United States circuit court of appeals and the Supreme Court of the United States.

(2) STREAMING OF COURT PROCEEDINGS.—In accordance with procedures established by the Judicial Conference of the United States, the audio of each open session conducted by an appellate court of the United States shall be made available online contemporaneously with the session, unless the appellate court of the United States, by a majority vote, determines that making audio of the session available online would violate the constitutional rights or threaten the safety of any party to the proceeding.

(d) Publicizing case assignment information.—

(1) IN GENERAL.—Not later than 180 days after the date of enactment of this Act, the Judicial Conference of the United States shall promulgate regulations requiring each court of the United States to make case assignment data available to the public online, at no cost, in a format that is searchable, sortable, machine readable, downloadable, and accessible in multiple languages and to individuals with disabilities.

(2) CONTENTS.—The case assignment data made available under paragraph (1) shall include, at a minimum, and to the extent available, the case title, docket number, case origin, filing date, and name of each authoring judge, concurring judge, and dissenting judge for each opinion issued in the case.

(e) Making websites user-Friendly.—Not later than 180 days after the date of enactment of this Act, the Judicial Conference of the United States shall promulgate regulations requiring an evaluation of, and improvements to, the website of each district court of the United States to ensure the website is easy to understand, including that it is clear how to file a complaint relating to a judge or an employee of the district court.

(f) Accessibility.—The Judicial Conference shall make efforts to ensure that any disclosures required under this section are made available to the public in plain language, in a variety of languages, and accessible to individuals with disabilities.

(a) In general.—Section 3105 of title 5, United States Code, is amended by inserting after the first sentence the following: “Administrative law judge positions shall be positions in the competitive service.”.

(b) Conversion of positions.—With respect to any individual serving on the date of enactment of this Act in an excepted service position as an administrative law judge appointed under section 3105 of title 5, United States Code, as in effect on the day before the date of enactment of this Act, the head of the agency employing the administrative law judge shall convert the appointment to a permanent appointment in the competitive service in the agency.

(c) Applicability.—This section and the amendments made by this section shall apply on and after the date of enactment of this Act.

Section 331 of title 28, United States Code, is amended in the eighth undesignated paragraph by adding at the end the following: “The report submitted by the Chief Justice under this paragraph shall include a report on the diversity of the Federal judiciary, including diversity of justices and judges of the United States based on gender, race, ethnicity, religion, disability status, sexual orientation, gender identity, national origin, and professional experience (including any law firms where the judges previously practiced law) before being appointed a justice or judge of the United States.”.

(a) In general.—Rule 12 of the Federal Rules of Civil Procedure is amended by adding at the end the following:

“(j) Pleading standards. A court shall not dismiss a complaint under Rule 12(b)(6), (c) or (e)—

“(1) unless it appears beyond doubt that the plaintiff can prove no set of facts in support of the claim which would entitle the plaintiff to relief; or

“(2) on the basis of a determination by the court that the factual contents of the complaint do not show the plaintiff’s claim to be plausible or are insufficient to warrant a reasonable inference that the defendant is liable for the misconduct alleged.”.

(b) Applicability.—Rule 12(j) of the Federal Rules of Civil Procedure, as added by subsection (a) shall apply with respect to the dismissal of complaints except as otherwise expressly provided by an Act of Congress enacted after the date of the enactment of this Act or by amendments made after such date of enactment to the Federal Rules of Civil Procedure pursuant to the procedures prescribed by the Judicial Conference of the United States under chapter 131 of title 28, United States Code.

(a) Definitions.—In this section:

(1) ADMINISTRATOR.—The term “Administrator” means the Administrator of General Services.

(2) DIRECTOR.—The term “Director” means the Director of the Administrative Office of the United States Courts.

(3) MACHINE-READABLE.—The term “machine-readable” means a format in which information or data can be easily processed by a computer without human intervention while ensuring no semantic meaning is lost.

(b) Consolidation of the Case Management/Electronic Case Files system.—

(1) IN GENERAL.—Not later than 2 years after the date of the enactment of this Act, the Director, in coordination with the Administrator, shall—

(A) consolidate the Case Management/Electronic Case Files system; and

(B) develop 1 system for all filings with courts of the United States, which shall be administered by the Administrative Office of the United States Courts.

(2) USE OF TECHNOLOGY.—In developing the system under paragraph (1), the Director shall use modern technology—

(A) to improve security, data accessibility, affordability, and performance; and

(B) to minimize the burden on pro se litigants.

(3) AVAILABILITY TO STATES.—

(A) IN GENERAL.—A State may choose to participate in the system developed under this subsection.

(B) FEE.—The Director shall charge a fee to a State that chooses to participate in the system developed under this subsection at a level sufficient to recover the cost of providing the services associated with the administration and maintenance of the system to the State.

(c) Public Access to Court Electronic Records system requirements.—

(1) IN GENERAL.—Not later than 2 years after the date of the enactment of this Act, the Director, in coordination with the Administrator, shall update the Public Access to Court Electronic Records system, which shall be subject to the following requirements:

(A) A document filed with a court shall be made publicly accessible upon filing, except as ordered by a court or by rule of the Judicial Conference of the United States.

(B) All documents on the system shall be available to the public and to parties before the court free of charge.

(C) Any information that is prohibited from public disclosure by law or court order shall be redacted.

(D) All documents shall be text searchable and machine readable.

(E) To the extent practicable, external websites shall be able to link to documents on the system.

(F) The system shall include any available digital audio and visual files of court recordings.

(G) The system shall provide search functions for public use.

(2) MINIMIZING THE BURDEN ON PRO SE LITIGANTS.—In developing the system to comply with the requirements under paragraph (1), the Director shall, to the extent practicable, not impose a disproportionate impact on pro se litigants.