[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 5070 Introduced in Senate (IS)]

<DOC>






116th CONGRESS
  2d Session
                                S. 5070

To improve the anti-corruption and public integrity laws, and for other 
                               purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           December 19, 2020

  Ms. Warren introduced the following bill; which was read twice and 
                  referred to the Committee on Finance

_______________________________________________________________________

                                 A BILL


 
To improve the anti-corruption and public integrity laws, and for other 
                               purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Anti-Corruption and Public Integrity 
Act''.

SEC. 2. TABLE OF CONTENTS.

    The table of contents for this Act is as follows:

Sec. 1. Short title.
Sec. 2. Table of contents.
Sec. 3. Applicability.
TITLE I--PUBLIC INTEGRITY, ETHICS, CONFLICTS OF INTEREST, AND REVOLVING 
                                  DOOR

                   Subtitle A--Conflicts of Interest

Sec. 101. Definitions.
Sec. 102. Lobbyist ban.
Sec. 103. Executive branch conflicts of interest law expansions.
Sec. 104. Legislative branch conflicts of interest law expansions.
Sec. 105. Conflicts of interest rules for all senior government 
                            officials and nonconflicted Federal 
                            employee investment accounts.
Sec. 106. Post-employment restrictions.
Sec. 107. Golden parachutes ban.
Sec. 108. General public integrity rules.
Sec. 109. Legal expense funds.
Sec. 110. Penalties.
             Subtitle B--Presidential Conflicts of Interest

Sec. 111. Short title.
Sec. 112. Divestiture of personal financial interests of the President 
                            and Vice President that pose a potential 
                            conflict of interest.
Sec. 113. Recusal of appointees.
Sec. 114. Contracts by the President or Vice President.
Sec. 115. Presidential transition ethics programs.
Sec. 116. Criminality of the President or other senior government 
                            officials.
Sec. 117. Presidential obstruction of justice.
Sec. 118. Sense of Congress regarding violations.
Sec. 119. Rule of construction.
Sec. 120. Severability.
        Subtitle C--Strengthening Criminal Anti-Corruption Laws

Sec. 121. Bribery of public officials and witnesses.
Sec. 122. Prohibition on undisclosed self-dealing by public officials.
    Subtitle D--Requiring Financial Disclosures Before Taking Office

Sec. 131. Prohibition on taking office until financial disclosures are 
                            filed.
           Subtitle E--Strengthening Inauguration Fund Rules

Sec. 141. Strengthening Inauguration Fund rules.
            Subtitle F--Political Intelligence Transparency

Sec. 151. Disclosure of political intelligence activities under 
                            lobbying disclosure act.
Sec. 152. Effective date.
                       TITLE II--LOBBYING REFORM

Sec. 201. Enforcement by the Office of Public Integrity.
Sec. 202. Definitions.
Sec. 203. Registration of lobbyists.
Sec. 204. Reports by lobbyists.
Sec. 205. Prohibition on foreign lobbying.
Sec. 206. Prohibition on contingent fee lobbying.
Sec. 207. Prohibition on provision of gifts or travel by registered 
                            lobbyists.
Sec. 208. Application of General Schedule to Congress.
Sec. 209. Reestablishment of Office of Technology Assessment.
Sec. 210. Progressive tax on lobbying expenditures.
Sec. 211. Disclosure of registration status.
                      TITLE III--RULEMAKING REFORM

Sec. 301. Disclosure of conflicts of interest.
Sec. 302. Increasing disclosures relating to studies and research.
Sec. 303. Disclosure of inter-governmental rule changes.
Sec. 304. Justification of withdrawn rules.
Sec. 305. Negotiated rulemaking.
Sec. 306. Streamlining OIRA review.
Sec. 307. Limiting temporary court injunctions and postponing of final 
                            rules pending judicial review.
Sec. 308. Penalizing individuals that submit false information to 
                            agencies.
Sec. 309. Establishment of the Office of the Public Advocate.
Sec. 310. Actions by private persons.
Sec. 311. Scope of review.
Sec. 312. Expanding rulemaking notifications.
Sec. 313. Public petitions.
Sec. 314. Amendment to Congressional Review Act.
Sec. 315. Cost-benefit analysis.
Sec. 316. Sense of Congress.
                       TITLE IV--JUDICIAL ETHICS

Sec. 401. Clarification of gift ban.
Sec. 402. Restrict privately funded educational events and speeches.
Sec. 403. Code of Conduct.
Sec. 404. Improving disclosure.
Sec. 405. Appointment of administrative law judges.
Sec. 406. Improve reporting on judicial diversity.
Sec. 407. Pleading standards.
Sec. 408. Electronic court records reform.
Sec. 409. Forced arbitration injustice repeal.
Sec. 410. Restrictions on protective orders and sealing of cases and 
                            settlements.
Sec. 411. Secret settlements ban.
Sec. 412. Oversight process for disqualification of justice, judge, or 
                            magistrate judge.
Sec. 413. Complaints against retired judges and judicial discipline.
Sec. 414. Action by judicial council in response to misconduct by 
                            judges.
Sec. 415. Supreme Court Complaints Review Committee.
Sec. 416. Expedited impeachment of Federal judges.
Sec. 417. Judicial workplace climate surveys.
Sec. 418. Pilot program to provide access to counsel in Federal court.
                          TITLE V--ENFORCEMENT

                 Subtitle A--Office of Public Integrity

Sec. 511. Establishment of Office of Public Integrity.
Sec. 512. Designated agency ethics officials.
                     Subtitle B--Inspectors General

Sec. 531. General supervision and removal of Inspectors General.
               Subtitle C--Office of Congressional Ethics

Sec. 551. Definitions.
Sec. 552. The Office of Congressional Ethics.
Sec. 553. Establishment of the Board of the Office of Congressional 
                            Ethics.
Sec. 554. Duties and Powers of the Office and the Board.
Sec. 555. Review process of submissions.
Sec. 556. Personnel matters.
Sec. 557. Authorization of appropriations.
Sec. 558. Conforming amendments and rules of construction.
                       Subtitle D--Applicability

Sec. 571. Applicability.
             TITLE VI--TRANSPARENCY AND GOVERNMENT RECORDS

   Subtitle A--Transparency for Federal Personnel and Candidates for 
                             Federal Office

Sec. 601. Categories relating to the amount or value of certain income.
Sec. 602. Disclosure of personal income tax returns by Presidents, Vice 
                            Presidents, Members of Congress, and 
                            certain candidates.
Sec. 603. Transparency relating to candidates for Federal office and 
                            Members of Congress.
      Subtitle B--Think Tank, Nonprofit, and Advocate Transparency

Sec. 611. Amendments to the Lobbying Disclosure Act of 1995.
Sec. 612. Amendments to the Internal Revenue Code of 1986.
               Subtitle C--Strengthening FOIA Enforcement

Sec. 621. Strengthening FOIA enforcement.
Sec. 622. Exemptions from disclosure.
Sec. 623. Public interest balancing test.
Sec. 624. Affirmative disclosure of agency records on website.
Sec. 625. Applicability.
              Subtitle D--Federal Contractor Transparency

Sec. 631. Expanding applicability of the Freedom of Information Act to 
                            Federal contractors.
Sec. 632. Public disclosure by large contractors.
                 Subtitle E--Congressional Transparency

Sec. 641. Increased transparency of committee work.
Sec. 642. Increased transparency of recorded votes.
Sec. 643. Increased transparency of appropriations bills.
                  TITLE VII--CAMPAIGN FINANCE REFORMS

 Subtitle A--Requirements Relating to Preventing Conflicts of Interest

 Part I--Requirements Relating to Registered Lobbyists and Government 
                              Contractors

Sec. 701. Requirements relating to registered lobbyists.
Sec. 702. Disclosure of political spending by government contractors.
Sec. 703. Repeal of restriction of use of funds by internal revenue 
                            service to bring transparency to political 
                            activity of certain nonprofit 
                            organizations.
Sec. 704. Repeal of revenue procedure that eliminated requirement to 
                            report information regarding contributors 
                            to certain tax-exempt organizations.
             Part II--Requirements Relating to Corporations

Sec. 711. Banning corporations from fundraising.
Sec. 712. Banning contributions to members of Congress from 
                            corporations under the jurisdiction of 
                            their committees.
Sec. 713. Corporate PAC ban.
Sec. 714. Disclosure of campaign-related disbursements.
          Part III--Requirements Relating to Foreign Nationals

Sec. 721. Banning foreign-owned and partially foreign-owned 
                            corporations from spending on United States 
                            elections.
                    Part IV--Additional Requirements

                      subpart a--campaign finance

Sec. 731. Clarification on treatment of information used to influence 
                            an election for Federal office as a 
                            contribution; clarification regarding 
                            purpose of influencing an election for 
                            Federal office.
Sec. 732. Prohibition on Super PAC-Candidate coordination.
Sec. 733. Disclosure of major donors, bundlers, and finance events in 
                            presidential campaigns.
Sec. 734. Lowering contribution limits; repeal of special contribution 
                            limits for contributions to national 
                            parties for certain purposes.
Sec. 735. Restrictions on testing the waters.
Sec. 736. Personal use ban for leadership PACS.
Sec. 737. Prohibition on joint fundraising committees.
subpart b--prohibition on the appointment of big donor ambassadors and 
                           chiefs of mission

Sec. 738. Prohibition on the appointment of big donor ambassadors and 
                            chiefs of mission.
  Subtitle B--Strengthening Oversight of Online Political Advertising

Sec. 741. Expansion of definition of public communication.
Sec. 742. Expansion of definition of electioneering communication.
Sec. 743. Application of disclaimer statements to online 
                            communications.
Sec. 744. Political record requirements for online platforms.
Sec. 745. Preventing contributions, expenditures, independent 
                            expenditures, and disbursements for 
                            electioneering communications by foreign 
                            nationals in the form of online 
                            advertising.
                      Subtitle C--Public Financing

      Part I--Small Dollar Financing of Senate Election Campaigns

Sec. 751. Eligibility requirements and benefits of fair elections 
                            financing of senate election campaigns.
Sec. 752. Exception to limitation on coordinated expenditures by 
                            political party committees with 
                            participating candidates.
Sec. 753. Assessments against fines and penalties.
                    Part II--Presidential Elections

                      subpart a--primary elections

Sec. 761. Increase in and modifications to matching payments.
Sec. 762. Eligibility requirements for matching payments.
Sec. 763. Repeal of expenditure limitations.
Sec. 764. Period of availability of matching payments.
Sec. 765. Examination and audits of matchable contributions.
Sec. 766. Modification to limitation on contributions for Presidential 
                            primary candidates.
Sec. 767. Use of Freedom From Influence Fund as source of payments.
                      subpart b--general elections

Sec. 771. Modification of eligibility requirements for public 
                            financing.
Sec. 772. Repeal of expenditure limitations and use of qualified 
                            campaign contributions.
Sec. 773. Matching payments and other modifications to payment amounts.
Sec. 774. Increase in limit on coordinated party expenditures.
Sec. 775. Establishment of uniform date for release of payments.
Sec. 776. Amounts in Presidential Election Campaign Fund.
Sec. 777. Use of general election payments for general election legal 
                            and accounting compliance.
Sec. 778. Use of Freedom From Influence Fund as source of payments.
             subpart c--presidential nominating conventions

Sec. 779. Payments for Presidential nominating conventions.
                       subpart d--effective date

Sec. 779A. Effective date.
                 Subtitle D--Enhancing FEC Enforcement

Sec. 781. Membership of Federal Election Commission.
Sec. 782. Assignment of powers to Chair of Federal Election Commission.
Sec. 783. Revision to enforcement process.
Sec. 784. Permitting appearance at hearings on requests for advisory 
                            opinions by persons opposing the requests.
Sec. 785. Permanent extension of administrative penalty authority.
Sec. 786. Requiring forms to permit use of accent marks.
Sec. 787. Restrictions on ex parte communications.
Sec. 788. Clarifying authority of FEC attorneys to represent FEC in 
                            Supreme Court.
Sec. 789. Effective date; transition.
                       Subtitle E--Miscellaneous

Sec. 791. Comptroller general report and briefing on campaign donations 
                            by nominees before the Senate.
Sec. 792. Effective date.
Sec. 793. Severability.

SEC. 3. APPLICABILITY.

    Except as provided otherwise in this Act, this Act and the 
amendments made by this Act shall apply on and after the date that is 1 
year after the date of enactment of this Act.

TITLE I--PUBLIC INTEGRITY, ETHICS, CONFLICTS OF INTEREST, AND REVOLVING 
                                  DOOR

                   Subtitle A--Conflicts of Interest

SEC. 101. DEFINITIONS.

    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 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.

SEC. 102. LOBBYIST BAN.

    (a) Lobbyists.--
            (1) Executive branch.--
                    (A) Lobbyists.--No former registered lobbyist or 
                agent of a foreign principal who has engaged in a 
                lobbying contact, as defined in section 3 of the 
                Lobbying Disclosure Act of 1995 (2 U.S.C. 1602), during 
                his or her 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.

SEC. 103. EXECUTIVE BRANCH CONFLICTS OF INTEREST LAW EXPANSIONS.

    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.''.

SEC. 104. LEGISLATIVE BRANCH CONFLICTS OF INTEREST LAW EXPANSIONS.

    (a) Divestment.--Except as provided in subsection (e), no senior 
government official in the legislative branch (including Members of 
Congress) may own an interest in or trade (except as a divestment) any 
stock, bond, 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).

SEC. 105. CONFLICTS OF INTEREST RULES FOR ALL SENIOR GOVERNMENT 
              OFFICIALS AND NONCONFLICTED FEDERAL EMPLOYEE INVESTMENT 
              ACCOUNTS.

    (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 governmental 
                sources, 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.''.

SEC. 106. POST-EMPLOYMENT RESTRICTIONS.

    (a) In General.--Section 207 of title 18, United States Code, is 
amended--
            (1) in subsection (a)--
                    (A) in paragraph (1), in the matter 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 agency Executive agency,
        shall be subject to the penalties set forth in section 216 of 
        this title.
            ``(2) Other officials.--
                    ``(A) In general.--Any officer or 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 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, 
                        be 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, be not less than 5 
                        percent of the net profit of the entity or 
                        giant bank or company for the previous year.
                    ``(C) Other penalties and sanctions companies.--In 
                addition to a civil penalty 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, 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, is amended 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''.

SEC. 107. GOLDEN PARACHUTES BAN.

    (a) In General.--Section 209 of title 18, United States Code, is 
amended--
            (1) in subsection (a)--
                    (A) by striking ``any salary'' and inserting ``any 
                bonus or salary''; and
                    (B) by striking ``his services'' and inserting 
                ``services rendered or to be rendered''; and
            (2) in subsection (b)--
                    (A) by inserting ``(1)'' after ``(b)''; and
                    (B) by adding at the end the following:
    ``(2)(A) In this paragraph, the term `compensation' includes a 
retention award or bonus, severance pay, and any other payment--
            ``(i) linked to future service in the Federal 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.

SEC. 108. GENERAL PUBLIC INTEGRITY RULES.

    (a) Outside Employment Ban.--The limitations described in section 
502 of the Ethics in Government Act of 1978 (5 U.S.C. App.) shall apply 
to full-time senior government officials.
    (b) Volunteer Service Rule.--All Federal laws or regulations 
relating to conflicts of interest or other 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.

SEC. 109. LEGAL EXPENSE FUNDS.

    (a) Definitions.--In this section--
            (1) the term ``legal expense fund'' means a fund--
                    (A) to be used to defray legal expenses 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 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.

SEC. 110. PENALTIES.

    (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.

             Subtitle B--Presidential Conflicts of Interest

SEC. 111. SHORT TITLE.

    This subtitle may be cited as the ``Presidential Conflicts of 
Interest Act of 2018''.

SEC. 112. DIVESTITURE OF PERSONAL FINANCIAL INTERESTS OF THE PRESIDENT 
              AND VICE PRESIDENT THAT POSE A POTENTIAL CONFLICT OF 
              INTEREST.

    (a) Definitions.--
            (1) In general.--In this section--
                    (A) the term ``conflict-free holding'' means a 
                financial interest described in section 102(f)(8) of 
                the Ethics in Government Act of 1978 (5 U.S.C. App.);
                    (B) the term ``financial interest posing a 
                potential conflict of interest'' means a financial 
                interest of the President, the Vice President, the 
                spouse of the President or Vice President, or a minor 
                child of the President or Vice 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.

SEC. 113. RECUSAL OF APPOINTEES.

    Section 208 of title 18, United States Code, as amended by section 
103 of this Act, is amended by adding at the end the following:
    ``(g)(1) Any officer or employee appointed by the President shall 
recuse himself or herself from any 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).''.

SEC. 114. CONTRACTS BY THE PRESIDENT OR VICE PRESIDENT.

    (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.''.

SEC. 115. PRESIDENTIAL TRANSITION ETHICS PROGRAMS.

    The Presidential Transition Act of 1963 (3 U.S.C. 102 note) is 
amended--
            (1) in section 3(f) by adding at the end the 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 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.'';
            (2) in section 4--
                    (A) in subsection (a)--
                            (i) in paragraph (3), by striking ``and'' 
                        at the end;
                            (ii) by redesignating paragraph (4) as 
                        paragraph (5); and
                            (iii) by inserting after paragraph (3) the 
                        following:
            ``(4) the term `nonpublic information'--
                    ``(A) means information from the Federal Government 
                that a transition member obtains as part of the 
                employment of the member that such member knows or 
                reasonably should know has not been made available to 
                the general public; and
                    ``(B) includes information that a member of the 
                transition team knows or reasonably should know--
                            ``(i) is exempt from disclosure under 
                        section 552 of title 5, United States Code, or 
                        otherwise protected from disclosure by law; and
                            ``(ii) is not authorized by the appropriate 
                        government agency or official to be released to 
                        the public; and''; and
                    (B) in subsection (g)--
                            (i) in paragraph (1), by striking 
                        ``November'' and inserting ``October''; and
                            (ii) by adding at the end the following:
            ``(3) Ethics plan.--
                    ``(A) In general.--Each memorandum of understanding 
                under paragraph (1) shall include an agreement that the 
                eligible candidate will implement and enforce an ethics 
                plan to guide the conduct of the transition beginning 
                on the date on which the eligible candidate becomes the 
                President-elect.
                    ``(B) Contents.--The ethics plan shall include, at 
                a minimum--
                            ``(i) a description of the ethics 
                        requirements that will apply to all members of 
                        the transition team, including any specific 
                        requirement for transition team members who 
                        will have access to nonpublic or classified 
                        information;
                            ``(ii) a description of how the transition 
                        team will--
                                    ``(I) address the role on the 
                                transition team of--
                                            ``(aa) lobbyists registered 
                                        under the Lobbying Disclosure 
                                        Act of 1995 (2 U.S.C. 1601 et 
                                        seq.) and individuals who were 
                                        former lobbyists registered 
                                        under that Act;
                                            ``(bb) persons registered 
                                        under the Foreign Agents 
                                        Registration Act (22 U.S.C. 611 
                                        et seq.), foreign nationals, 
                                        and other foreign agents; and
                                            ``(cc) transition team 
                                        members with sources of income 
                                        or clients that are not 
                                        disclosed to the public;
                                    ``(II) prohibit a transition team 
                                member with conflicts of interest, 
                                including conflicts, as described in 
                                section 2635.402(a) and section 
                                2635.502(a) of title 5, Code of Federal 
                                Regulations, related to current or 
                                former employment, affiliations, 
                                clients, or investments, from working 
                                on particular matters involving 
                                specific parties that affect the 
                                interests of such member; and
                                    ``(III) address how the covered 
                                eligible candidate will address their 
                                own conflicts of interest during a 
                                Presidential term if the covered 
                                eligible candidate becomes the 
                                President-elect;
                            ``(iii) a Code of Ethical Conduct, to which 
                        each member of the transition team will sign 
                        and be subject to, that reflects the content of 
                        the ethics plans under this paragraph and at a 
                        minimum requires transition team members to--
                                    ``(I) seek authorization from 
                                transition team leaders or their 
                                designees before seeking, on behalf of 
                                the transition, access to any nonpublic 
                                information;
                                    ``(II) keep confidential any 
                                nonpublic information provided in the 
                                course of the duties of the member with 
                                the transition and exclusively use such 
                                information for the purposes of the 
                                transition; and
                                    ``(III) not use any nonpublic 
                                information provided in the course of 
                                transition duties, in any manner, for 
                                personal or private gain for the member 
                                or any other party at any time during 
                                or after the transition; and
                            ``(iv) a description of how the transition 
                        team will enforce the Code of Ethical Conduct, 
                        including the names of the members of the 
                        transition team responsible for enforcement, 
                        oversight, and compliance.
                    ``(C) Publicly available.--The transition team 
                shall make the ethics plan described in this paragraph 
                publicly available on the internet website of the 
                General Services Administration the earlier of--
                            ``(i) the day on which the memorandum of 
                        understanding is completed; or
                            ``(ii) October 1.''; and
            (3) in section 6(b)--
                    (A) in paragraph (1)--
                            (i) in subparagraph (A), by striking 
                        ``and'' at the end;
                            (ii) in subparagraph (B), by striking the 
                        period at the end and inserting a semicolon; 
                        and
                            (iii) by adding at the end the following:
                    ``(C) a list of all positions each transition team 
                member has held outside the Federal Government for the 
                previous 12-month period, including paid, unpaid, and 
                uncompensated positions;
                    ``(D) sources of compensation of each transition 
                team member exceeding $5,000 a year for the previous 
                12-month period;
                    ``(E) 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;
                    ``(F) 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
                    ``(G) an affirmation that the transition team 
                member does not have a financial conflict of interest 
                that precludes the member from working on the matters 
                described in subparagraph (E).'';
                    (B) in paragraph (2), by inserting ``not later than 
                2 business days'' after ``public''; and
                    (C) by adding at the end the following:
            ``(3) The head of a Federal department or agency, or their 
        designee, shall not permit access to the agency or employees of 
        the agency that would not be provided to a member of the public 
        for any transition team member who does not make the 
        disclosures listed under paragraph (1).''.

SEC. 116. CRIMINALITY OF THE PRESIDENT OR OTHER SENIOR GOVERNMENT 
              OFFICIALS.

    Section 2 of title 18, United States Code, is amended by inserting 
``, including the President, the Vice President, a Member of Congress, 
an Associate Justice of the 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.

SEC. 117. PRESIDENTIAL OBSTRUCTION OF JUSTICE.

    (a) In General.--Chapter 73 of title 18, United States Code, is 
amended by adding at the end the following:
``Sec. 1522. Applicability to all officers, including the President and 
              Vice President
    ``This chapter shall apply to all officers of the United States, 
including the President, the Vice President, a Member of Congress, an 
Associate Justice of the Supreme Court of the United States, and the 
Chief Justice of the United States.''.
    (b) Conforming Amendment.--The table of 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.''.

SEC. 118. SENSE OF CONGRESS REGARDING VIOLATIONS.

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

SEC. 119. RULE OF CONSTRUCTION.

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

SEC. 120. SEVERABILITY.

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

        Subtitle C--Strengthening Criminal Anti-Corruption Laws

SEC. 121. BRIBERY OF PUBLIC OFFICIALS AND WITNESSES.

    (a) Definition.--Section 201(a) of title 18, United States Code, is 
amended--
            (1) in paragraph (2), by striking ``and'' at the end;
            (2) by striking paragraph (3) and inserting the following:
            ``(3) the term `official act'--
                    ``(A) means any decision or action on, or personal 
                and substantial participation through acts, including 
                approval, disapproval, 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 $1,000 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 $1,000 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;''.

SEC. 122. PROHIBITION ON UNDISCLOSED SELF-DEALING BY PUBLIC OFFICIALS.

    (a) In General.--Section 1346 of title 18, United States Code, is 
amended--
            (1) by striking ``, the'' and all that follows through the 
        end and inserting and inserting ``:
            ``(1) Material information.--The term `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.

    Subtitle D--Requiring Financial Disclosures Before Taking Office

SEC. 131. PROHIBITION ON TAKING OFFICE UNTIL FINANCIAL DISCLOSURES ARE 
              FILED.

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

           Subtitle E--Strengthening Inauguration Fund Rules

SEC. 141. STRENGTHENING INAUGURATION FUND RULES.

    (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:

``SEC. 325. INAUGURAL COMMITTEES.

    ``(a) Prohibited Donations.--
            ``(1) In general.--It shall be unlawful--
                    ``(A) for an Inaugural Committee--
                            ``(i) to solicit, accept, or receive a 
                        donation from a person that--
                                    ``(I) is not an individual;
                                    ``(II) is a registered lobbyist; or
                                    ``(III) is a Federal contractor; or
                            ``(ii) to solicit, accept, or receive a 
                        donation from a foreign national;
                    ``(B) for a person--
                            ``(i) to make a donation to an Inaugural 
                        Committee in the name of another person, or to 
                        knowingly authorize his or her name to be used 
                        to effect such a donation;
                            ``(ii) to knowingly accept a donation to an 
                        Inaugural Committee made by a person in the 
                        name of another person; or
                            ``(iii) to convert a donation to an 
                        Inaugural Committee to personal use as 
                        described in paragraph (2);
                    ``(C) for a foreign national to, directly or 
                indirectly, make a donation, or make an express or 
                implied promise to make a donation, to an Inaugural 
                Committee;
                    ``(D) for a registered lobbyist to, directly or 
                indirectly, make a donation, or make an express or 
                implied promise to make a donation, to an Inaugural 
                Committee; and
                    ``(E) for a Federal contractor to, directly or 
                indirectly, make a donation, or make an express or 
                implied promise to make a donation, to an Inaugural 
                Committee.
            ``(2) Conversion of donation to personal use.--For purposes 
        of paragraph (1)(B)(iii), a donation shall be considered to be 
        converted to personal use if any part of the donated amount is 
        used to fulfill a commitment, obligation, or expense of a 
        person that would exist irrespective of the responsibilities of 
        the Inaugural Committee under chapter 5 of title 36, United 
        States Code.
            ``(3) No effect on disbursement of unused funds to 
        nonprofit organizations.--Nothing in this subsection may be 
        construed to prohibit an Inaugural Committee from disbursing 
        unused funds to an organization which is described in section 
        501(c)(3) of the Internal Revenue Code of 1986 and is exempt 
        from taxation under section 501(a) of such Code.
    ``(b) Limitation on Donations.--
            ``(1) In general.--It shall be unlawful for an individual 
        to make donations to an Inaugural Committee which, in the 
        aggregate, exceed $10,000.
            ``(2) Indexing.--At the beginning of each Presidential 
        election year (beginning with 2024), the amount described in 
        paragraph (1) shall be increased by the cumulative percent 
        difference determined in section 315(c)(1)(A) since the 
        previous Presidential election year. If any amount after such 
        increase is not a multiple of $1,000, such amount shall be 
        rounded to the nearest multiple of $1,000.
    ``(c) Disclosure of Certain Donations and Disbursements.--
            ``(1) Donations over $1,000.--
                    ``(A) In general.--An Inaugural Committee shall 
                file with the Commission a report disclosing any 
                donation by an individual to the committee in an amount 
                of $1,000 or more not later than 24 hours after the 
                receipt of such donation.
                    ``(B) Contents of report.--A report filed under 
                subparagraph (A) shall contain--
                            ``(i) the amount of the donation;
                            ``(ii) the date the donation is received; 
                        and
                            ``(iii) the name and address of the 
                        individual making the donation.
            ``(2) Final report.--Not later than the date that is 90 
        days after the date of the Presidential inaugural ceremony, the 
        Inaugural Committee shall file with the Commission a report 
        containing the following information:
                    ``(A) For each donation of money or anything of 
                value made to the committee in an aggregate amount 
                equal to or greater than $200--
                            ``(i) the amount of the donation;
                            ``(ii) the date the donation is received; 
                        and
                            ``(iii) the name and address of the 
                        individual making the donation.
                    ``(B) The total amount of all disbursements, and 
                all disbursements in the following categories:
                            ``(i) Disbursements made to meet committee 
                        operating expenses.
                            ``(ii) Repayment of all loans.
                            ``(iii) Donation refunds and other offsets 
                        to donations.
                            ``(iv) Any other disbursements.
                    ``(C) The name and address of each person--
                            ``(i) to whom a disbursement in an 
                        aggregate amount or value in excess of $200 is 
                        made by the committee to meet a committee 
                        operating expense, together with date, amount, 
                        and purpose of such operating expense;
                            ``(ii) who receives a loan repayment from 
                        the committee, together with the date and 
                        amount of such loan repayment;
                            ``(iii) who receives a donation refund or 
                        other offset to donations from the committee, 
                        together with the date and amount of such 
                        disbursement; and
                            ``(iv) to whom any other disbursement in an 
                        aggregate amount or value in excess of $200 is 
                        made by the committee, together with the date 
                        and amount of such disbursement.
    ``(d) Definitions.--For purposes of this section:
            ``(1)(A) The term `donation' includes--
                    ``(i) any gift, subscription, loan, advance, or 
                deposit of money or anything of value made by any 
                person to the committee; or
                    ``(ii) the payment by any person of compensation 
                for the personal services of another person which are 
                rendered to the committee without charge for any 
                purpose.
            ``(B) The term `donation' does not include the value of 
        services provided without compensation by any individual who 
        volunteers on behalf of the committee.
            ``(2) The term `foreign national' has the meaning given 
        that term by section 319(b).
            ``(3) The term `Inaugural Committee' has the meaning given 
        that term by section 501 of title 36, United States Code.
            ``(4) The term `registered lobbyist' means a lobbyist, as 
        defined in section 3 of the Lobbying Disclosure Act of 1995 (2 
        U.S.C. 1602), that is registered or required to register under 
        section 4(a) of that Act (2 U.S.C. 1603(a))''.
    (b) Confirming Amendment Related to 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:

``SEC. 510. DISCLOSURE OF AND PROHIBITION ON CERTAIN DONATIONS.

    ``A committee shall not be considered to be the Inaugural Committee 
for purposes of this chapter unless the committee agrees to, and meets, 
the requirements of section 325 of the Federal Election Campaign Act of 
1971.''.
    (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.

            Subtitle F--Political Intelligence Transparency

SEC. 151. DISCLOSURE OF POLITICAL INTELLIGENCE ACTIVITIES UNDER 
              LOBBYING DISCLOSURE ACT.

    (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) 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''.

SEC. 152. EFFECTIVE DATE.

    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.

                       TITLE II--LOBBYING REFORM

SEC. 201. ENFORCEMENT BY THE OFFICE OF PUBLIC INTEGRITY.

    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''.

SEC. 202. DEFINITIONS.

    Section 3 of the Lobbying Disclosure Act of 1995 (2 U.S.C. 1602) is 
amended--
            (1) by inserting after paragraph (3), as added by section 
        151(a) of this Act, the following:
            ``(4) Corporate lobbyist.--The term `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.''.

SEC. 203. REGISTRATION OF LOBBYISTS.

    Section 4 of the Lobbying Disclosure Act of 1995 (2 U.S.C. 1603) is 
amended--
            (1) in subsection (a)(3)--
                    (A) in subparagraph (A)--
                            (i) by redesignating clauses (i) and (ii) 
                        as subclauses (I) and (II), respectively, and 
                        adjusting the margins accordingly;
                            (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.''.

SEC. 204. REPORTS BY LOBBYISTS.

    (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 activitites, 
                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.

SEC. 205. PROHIBITION ON FOREIGN LOBBYING.

    (a) In General.--The Lobbying Disclosure Act of 1995 (2 U.S.C. 1601 
et seq.) is amended--
            (1) by redesignating section 26 (2 U.S.C. 1614) as section 
        28; and
            (2) by inserting after section 25 (2 U.S.C. 1613) the 
        following:

``SEC. 26. PROHIBITION ON FOREIGN LOBBYING.

    ``(a) Definition.--In this section--
            ``(1) the term `covered lobbyist' means--
                    ``(A) a lobbyist that is registered or is required 
                to register under section 4(a)(1);
                    ``(B) an organization that employs 1 or more 
                lobbyists and is registered, or is required to 
                register, under section 4(a)(2); and
                    ``(C) an employee listed or required to be listed 
                as a lobbyist by a registrant under section 4(b)(6) or 
                5(b)(2)(C); and
            ``(2) the terms `information-service employee', `public-
        relations counsel', and `publicity agent' have the meanings 
        given those terms in section 1 of the Foreign Agents 
        Registration Act of 1938 (22 U.S.C. 611).
    ``(b) Prohibition.--Except as provided in subsection (c), a covered 
lobbyist may not accept financial or other compensation for services 
that include lobbying activities on behalf of a foreign entity.
    ``(c) Exemptions.--The prohibition under subsection (b) shall not 
apply the following covered lobbyists:
            ``(1) Diplomatic or consular officers.--A duly accredited 
        diplomatic or consular officer of a foreign government who is 
        so recognized by the Department of State, while the officer is 
        engaged exclusively in activities that are recognized by the 
        Department of State as being within the scope of the functions 
        of the officer.
            ``(2) Officials of foreign governments.--An official of a 
        foreign government, if that government is recognized by the 
        United States, who is not a public-relations counsel, a 
        publicity agent, or an information-service employee, or a 
        citizen of the United States, whose name and status and the 
        character of whose duties as an official are of public record 
        in the Department of State, while said official is engaged 
        exclusively in activities that are recognized by the Department 
        of State as being within the scope of the functions of the 
        official.
            ``(3) Staff members of diplomatic or consular officers.--A 
        member of the staff of, or any person employed by, a duly 
        accredited diplomatic or consular officer of a foreign 
        government who is so recognized by the Department of State, 
        other than a public-relations counsel, a publicity agent, or an 
        information-service employee, whose name and status and the 
        character of whose duties as such member or employee are of 
        public record in the Department of State, while the member or 
        employee is engaged exclusively in the performance of 
        activities that are recognized by the Department of State as 
        being within the scope of the functions of the member or 
        employee.
            ``(4) Persons engaging or agreeing to engage in the 
        soliciting or collecting of funds for humanitarian relief.--A 
        person engaging or agreeing to engage only in the soliciting or 
        collecting of funds and contributions within the United States 
        to be used only for medical aid and assistance, or for food and 
        clothing to relieve human suffering, if the solicitation or 
        collection of funds and contributions is in accordance with, 
        and subject to, the provisions of the Neutrality Act of 1939 
        (22 U.S.C. 441 et seq.), and such rules and regulations as may 
        be prescribed thereunder.
            ``(5) Certain persons qualified to practice law.--
                    ``(A) In general.--A person qualified to practice 
                law, insofar as the person engages, or agrees to engage 
                in, the legal representation of a disclosed foreign 
                entity before any court of law or any agency of the 
                Government of the United States.
                    ``(B) Legal representation.--For the purpose of 
                this paragraph, legal representation does not include 
                any attempt to influence or persuade agency personnel 
                or officials other than in the course of--
                            ``(i) a judicial proceeding;
                            ``(ii) a criminal or civil law enforcement 
                        inquiry, investigation, or proceeding; or
                            ``(iii) an agency proceeding required by 
                        statute or regulation to be conducted on the 
                        record.
    ``(d) Penalties.--Any person who knowingly violates this section 
shall be fined not more than $200,000, imprisoned for not more than 5 
years, or both, and any compensation received for engaging in the 
unlawful activity shall be subject to disgorgement.''.
    (b) Conforming Amendment.--Section 7 of the Lobbying Disclosure Act 
of 1995 (2 U.S.C. 1606) is amended--
            (1) in subsection (a), in the matter preceding paragraph 
        (1), by striking ``Whoever'' and inserting ``Except as 
        otherwise provided in this Act, whoever''; and
            (2) in subsection (b), by striking ``Whoever'' and 
        inserting ``Except as otherwise provided in this Act, 
        whoever''.

SEC. 206. PROHIBITION ON CONTINGENT FEE LOBBYING.

    The Lobbying Disclosure Act of 1995 (2 U.S.C. 1601 et seq.) is 
amended by inserting after section 26, as added by section 205, the 
following:

``SEC. 27. PROHIBITION ON CONTINGENT FEE ARRANGEMENTS.

    ``(a) Definitions.--In this section, the term `covered lobbyist' 
means--
            ``(1) a lobbyist that is registered or is required to 
        register under section 4(a)(1);
            ``(2) an organization that employs 1 or more lobbyists and 
        is registered, or is required to register, under section 
        4(a)(2); and
            ``(3) an employee listed or required to be listed as a 
        lobbyist by a registrant under section 4(b)(6) or 5(b)(2)(C).
    ``(b) Prohibition.--A covered lobbyist may not be employed under, 
or receive compensation in connection with, an arrangement in which 
compensation paid to the covered lobbyist is contingent on the result 
of lobbying activities engaged in by the covered lobbyist.
    ``(c) Penalties.--Any person who knowingly violates this section 
shall be fined not more than $200,000, imprisoned for not more than 5 
years, or both, and any compensation received for engaging in the 
unlawful activity shall be subject to disgorgement.''.

SEC. 207. PROHIBITION ON PROVISION OF GIFTS OR TRAVEL BY REGISTERED 
              LOBBYISTS.

    Section 25 of the Lobbying Disclosure Act of 1995 (2 U.S.C. 1613) 
is amended--
            (1) in the section heading, by striking ``to members of 
        congress and to 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.''.

SEC. 208. APPLICATION OF GENERAL SCHEDULE TO CONGRESS.

    (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 \1/12th\ of the maximum annual rate of pay that is 
        payable for positions on the General Schedule under section 
        5304(g)(1) of title 5, United States Code.''.

SEC. 209. REESTABLISHMENT OF OFFICE OF TECHNOLOGY ASSESSMENT.

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

SEC. 210. PROGRESSIVE TAX ON LOBBYING EXPENDITURES.

    (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:

                  ``Subchapter D--Lobbying Activities

``Sec. 4286. Imposition of tax.

``SEC. 4286. IMPOSITION OF TAX.

    ``(a) In General.--There is hereby imposed on quarterly lobbying 
expenditures in excess of $125,000 a tax determined in accordance with 
the following table:

``If quarterly lobbying             The tax is:
   expenditures are:
    Over $125,000 but not over 
        $250,000.
                                        35% of the quarterly lobbying 
                                                expenditures in excess 
                                                of $125,000.
    Over $250,000 but not over 
        $1,250,000.
                                        $43,750, plus 60% of the excess 
                                                over $250,000.
    Over $1,250,000................
                                        $643,750, plus 75% of the 
                                                excess over $1,250,000.

    ``(b) Exception.--
            ``(1) In general.--Except as provided in paragraph (2), the 
        tax imposed by this section shall not apply to any organization 
        described in section 501(c) and exempt from tax under section 
        501(a).
            ``(2) Application to certain business organizations.--
        Paragraph (1) shall not apply to any organization which--
                    ``(A) is described in section 501(c)(6) and exempt 
                from tax under section 501(a), and
                    ``(B) has as a member of such organization an 
                organization that is not described in section 501(c) 
                and exempt from tax under section 501(a).
    ``(c) Payment of Tax.--The tax imposed by this section shall be 
paid by the person paying for the quarterly lobbying expenditures.
    ``(d) Definitions.--For purposes of this section, the term 
`quarterly lobbying expenditures' means, with respect to any calendar 
quarter, the expenditures paid or incurred for lobbying activities (as 
defined under section 3 of the Lobbying Disclosure Act of 1995) during 
such calendar quarter.
    ``(e) Special Rule.--For purposes of this section, all persons 
treated as a single employer under subsection (a) or (b) of section 52 
shall be treated as a single person.''.
                    (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:

                 ``subchapter d--lobbying activities''.

                    (C) Effective date.--The amendments made by this 
                paragraph shall apply to amounts paid or incurred in 
                calendar quarters beginning more than 60 days after the 
                date of the 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:

``SEC. 9512. LOBBYING DEFENSE TRUST FUND.

    ``(a) In General.--There is established in the Treasury of the 
United States a trust fund to be known as the `Lobbying Defense Trust 
Fund', consisting of any amount appropriated or credited to the Trust 
Fund as provided in this section or section 9602(b).
    ``(b) Transfers to Trust Fund.--There is hereby appropriated to the 
Lobbying Defense Trust Fund amounts equivalent to--
            ``(1) the taxes received in the Treasury under section 
        4286, and
            ``(2) the civil penalties collected under the Anti-
        Corruption and Public Integrity Act and the amendments made by 
        that Act.
    ``(c) Availability.--Amounts transferred to the Lobbying Defense 
Trust Fund shall--
            ``(1) remain available until expended; and
            ``(2) be used, without further appropriation, by the 
        Director of the Office of Public Integrity in accordance with 
        subsection (d).
    ``(d) Use of Funds.--
            ``(1) Transfers to agencies.--
                    ``(A) In general.--For each calendar quarter 
                beginning more than 60 days after the date of the 
                enactment of this section, not later than 30 days after 
                the end of the quarter, the Director of the Office of 
                Public Integrity (in this subsection referred to as the 
                `Director') shall identify specific rules or other 
                agency actions that were the subject of significant 
                lobbying activity directed toward an executive agency 
                during the quarter.
                    ``(B) Transfer.--Not later than the end of each 
                calendar quarter beginning more than 60 days after the 
                date of the enactment of this section, the Director 
                shall transfer from the Lobbying Defense Trust Fund to 
                each executive agency that was the subject of 
                significant lobbying activity during the previous 
                quarter an amount equal to the amount obtained by 
                multiplying--
                            ``(i) the amount of taxes received in the 
                        Treasury under section 4286 that are 
                        attributable to lobbying expenditures during 
                        the previous quarter; by
                            ``(ii) the percentage of such taxes that 
                        were based on lobbying expenditures during the 
                        previous quarter related to rulemaking within 
                        the jurisdiction of the executive agency.
                    ``(C) Use of transferred funds.--An executive 
                agency may use amounts transferred under subparagraph 
                (B) for salaries and expenses relating to researching, 
                reviewing, or finalizing rules or other agency actions 
                in accordance with section 553 or 554 of title 5, 
                United States Code.
                    ``(D) Availability.--Amounts transferred under 
                subparagraph (B) shall remain available until expended.
            ``(2) Office of the public advocate.--
                    ``(A) Budget submission.--For each fiscal year 
                beginning more than 60 days after the date of enactment 
                of this section, the National Public Advocate shall 
                submit to the Director a request--
                            ``(i) indicating the amount the National 
                        Public Advocate is requesting be transferred to 
                        the Office of the Public Advocate; and
                            ``(ii) describing the activities of the 
                        Office of the Public Advocate that would be 
                        carried out using the amounts.
                    ``(B) Transfer.--After consideration of the request 
                submitted under subparagraph (A) with respect to a 
                fiscal year, the Director shall transfer to the Office 
                of the Public Advocate from the Lobbying Defense Trust 
                Fund the amount determined appropriate by the Director.
                    ``(C) Use of funds.--Amounts transferred under 
                subparagraph (B) may be used for any authorized 
                activity of the Office of the Public Advocate, 
                including salaries and expenses.
                    ``(D) Availability.--Amounts transferred under 
                subparagraph (B) shall remain available until expended.
            ``(3) Congressional support agencies.--
                    ``(A) Transfer.--Not later than the end of each 
                calendar quarter beginning more than 60 days after the 
                date of the enactment of this section, the Director 
                shall transfer from the Lobbying Defense Trust Fund to 
                the Congressional Research Service, the Congressional 
                Budget Office, the Government Accountability Office, 
                and the Office of Technology Assessment an amount equal 
                to 25 percent of the difference between--
                            ``(i) the amount of taxes received in the 
                        Treasury under section 4286 that are 
                        attributable to lobbying expenditures during 
                        the previous quarter; and
                            ``(ii) the amount of such taxes that were 
                        based on lobbying expenditures during the 
                        previous quarter related to rulemaking within 
                        the jurisdiction of an executive agency.
                    ``(B) Use of funds.--Amounts transferred under 
                subparagraph (A) may be used for any authorized 
                activity of the agency receiving the amounts, including 
                salaries and expenses.
                    ``(C) Availability.--Amounts transferred under 
                subparagraph (A) shall remain available until expended.
            ``(4) Regulations.--Not later than 180 days after the date 
        of enactment of this Act, the Director shall promulgate 
        regulations defining the term `significant lobbying activity' 
        for purposes of this subsection.''.
            (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:

``Sec. 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.

SEC. 211. DISCLOSURE OF REGISTRATION STATUS.

    Section 14 of the Lobbying Disclosure Act of 1995 (2 U.S.C. 1609) 
is amended--
            (1) by striking subsections (a) and (b) and 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).

                      TITLE III--RULEMAKING REFORM

SEC. 301. DISCLOSURE OF CONFLICTS OF INTEREST.

    (a) In General.--Section 553 of title 5, United States Code, is 
amended--
            (1) in subsection (c), in the first sentence, by inserting 
        ``, subject to subsections (f) and (h),'' after ``the agency 
        shall''; and
            (2) by adding at the end the following:
    ``(f) With respect to any submission by an interested person under 
subsection (c) or any other submission by an interested person relating 
to a proposed rule that 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 
        rulemaking 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 
        rulemaking to which the submission relates.''.
    (b) Application.--Section 553(f) of title 5, United States Code, as 
added by subsection (a), shall apply with respect to submissions made 
by interested persons on and after the date of enactment of this Act.

SEC. 302. INCREASING DISCLOSURES RELATING TO STUDIES AND RESEARCH.

    (a) In General.--Section 553 of title 5, United States Code, as 
amended by section 301 of this Act, is amended by adding at the end the 
following:
    ``(g) With respect to a study or research that is 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 
rulemaking 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 rulemaking under this section, an agency 
shall include in the notice of proposed rulemaking 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.

SEC. 303. DISCLOSURE OF INTER-GOVERNMENTAL RULE CHANGES.

    (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 rulemaking required under 
        section 553(b) of title 5, United States Code, with respect to 
        the action, place in the rulemaking docket--
                    (A) the substance of any changes between the text 
                of the draft regulatory action that the 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 
        rulemaking docket--
                    (A) the substance of any changes between the text 
                of the regulatory action that the agency provided to 
                the Office under section 6(a)(3)(B)(i) of the Executive 
                Order and the text of the regulatory action that the 
                agency published in the Federal Register; and
                    (B) a statement regarding whether any change 
                described in subparagraph (A) was made at the request 
                of--
                            (i) the Office;
                            (ii) another agency; or
                            (iii) a Member of Congress.
    (c) Rule of Construction.--Nothing in this 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.

SEC. 304. JUSTIFICATION OF WITHDRAWN RULES.

    (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 rulemaking with 
        respect to the action under section 553(b) of title 5, United 
        States Code), the agency shall publish in the Federal Register 
        and on the website of the agency a statement regarding the 
        decision by the agency to withdraw the action.
            (2) Contents.--A statement required under paragraph (1) 
        with respect to a decision by an 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.

SEC. 305. NEGOTIATED RULEMAKING.

    (a) In General.--Subchapter III of chapter 5 of title 5, United 
States Code, is amended--
            (1) in section 561, in the first sentence, by 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 rulemaking 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).

SEC. 306. STREAMLINING OIRA REVIEW.

    (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.

SEC. 307. LIMITING TEMPORARY COURT INJUNCTIONS AND POSTPONING OF FINAL 
              RULES PENDING JUDICIAL REVIEW.

    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 rulemaking 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.''.

SEC. 308. PENALIZING INDIVIDUALS THAT SUBMIT FALSE INFORMATION TO 
              AGENCIES.

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

SEC. 309. ESTABLISHMENT OF THE OFFICE OF THE PUBLIC ADVOCATE.

    Section 401 of the Ethics in Government Act of 1978 (5 U.S.C. App.) 
is amended by adding at the end the 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 rulemaking process;
            ``(C) assisting individuals in participating in the 
        rulemaking process; and
            ``(D) identifying areas in which the public has problems in 
        dealing with agencies and proposing changes to mitigate those 
        problems.
    ``(3) Not later than 180 days after the date on which the National 
Public Advocate is appointed under this 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.''.

SEC. 310. ACTIONS BY PRIVATE PERSONS.

    (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.

SEC. 311. SCOPE OF REVIEW.

    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 
        rulemaking within 1 year of the date of enactment of the 
        legislation mandating the rulemaking, where no deadline for the 
        rulemaking was specified in the enacted law;
            ``(2) when an agency has not issued a final version of a 
        proposed rule within 1 year of date on which the proposed rule 
        was published in the 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.''.

SEC. 312. EXPANDING RULEMAKING NOTIFICATIONS.

    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 rulemaking 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 e-mail or postal mail.''.

SEC. 313. PUBLIC PETITIONS.

    Section 553(e) of title 5, United States Code, is amended--
            (1) by inserting ``(1)'' before ``Each agency''; and
            (2) by adding at the end the following:
    ``(2) If, during a 60-day period, an agency receives more than 
100,000 signatures on a single petition under paragraph (1), the agency 
shall, not later than 30 days after the date on which the agency 
receives the petition, provide a written response that includes--
            ``(A) an explanation of whether the agency has engaged or 
        is engaging in the requested issuance, amendment, or repeal of 
        a rule; and
            ``(B) if the agency has not engaged in the requested 
        issuance, amendment, or repeal of a rule, a written explanation 
        for not engaging in the requested issuance, amendment, or 
        repeal.''.

SEC. 314. AMENDMENT TO CONGRESSIONAL REVIEW ACT.

    Section 801(b) of title 5, United States Code, is amended--
            (1) in paragraph (1), by striking ``(1)''; and
            (2) by striking paragraph (2).

SEC. 315. COST-BENEFIT ANALYSIS.

    (a) Definitions.--In this section, the terms ``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.

SEC. 316. SENSE OF CONGRESS.

    It is the sense of Congress that--
            (1) the Federal Employees Pay Comparability Act of 1990 (as 
        enacted by section 529 of Public Law 101-509), which was 
        designed to ensure that the disparity in pay between Federal 
        employees on the General Schedule and non-Federal employees is 
        not greater than 5 percent, has not been 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.

                       TITLE IV--JUDICIAL ETHICS

SEC. 401. CLARIFICATION OF GIFT BAN.

    (a) In General.--Section 7353 of title 5, United States Code, is 
amended--
            (1) in subsection (a), in the matter preceding paragraph 
        (1), by striking ``anything of value'' and inserting ``a 
        gift''; and
            (2) in subsection (d)--
                    (A) in paragraph (1), by striking ``and'' at the 
                end;
                    (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.

SEC. 402. RESTRICT PRIVATELY FUNDED EDUCATIONAL EVENTS AND SPEECHES.

    (a) Judicial Education Fund.--
            (1) Establishment.--Chapter 42 of title 28, United States 
        Code, is amended by adding at the end the following:
``Sec. 630. Judicial Education Fund
    ``(a) Definitions.--In this section--
            ``(1) the term `Board' means the Board of the Federal 
        Judicial Center established in section 621;
            ``(2) the term `Fund' means the Judicial Education Fund 
        established under subsection (b);
            ``(3) the term `institution of higher education' has the 
        meaning given that term under section 101(a) of the Higher 
        Education Act of 1965 (20 U.S.C. 1001(a));
            ``(4) the term `national bar association' means a national 
        organization that is open to general membership to all members 
        of the bar;
            ``(5) the term `private judicial seminar'--
                    ``(A) means a seminar, symposia, panel discussion, 
                course, or a similar event that provides continuing 
                legal education to judges; and
                    ``(B) does not include--
                            ``(i) seminars that last 1 day or less and 
                        are conducted by, and on the campus of, an 
                        institute of higher education;
                            ``(ii) seminars that last 1 day or less and 
                        are conducted by a national bar association or 
                        State or local bar association for the benefit 
                        of the bar association membership; or
                            ``(iii) seminars of any length conducted 
                        by, and on the campus of an institute of higher 
                        education or by a national bar association or 
                        State or local bar association, where a judge 
                        is a presenter and at which judges constitute 
                        less than 25 percent of the participants; and
            ``(6) the term `State or local bar association' means a 
        State or local organization that is open to general membership 
        to all members of the bar in the specified geographic region.
    ``(b) Fund.--There is established within the United States Treasury 
a fund to be known as the `Judicial Education Fund'.
    ``(c) Use of Amounts.--Amounts in the Fund may be made available 
for the payment of necessary expenses, including reasonable 
expenditures for transportation, food, lodging, private judicial 
seminar fees and materials, incurred by a judge or justice in attending 
a private judicial seminar approved by the Board. Necessary expenses 
shall not include expenditures for recreational activities or 
entertainment other than that provided to all attendees as an integral 
part of the private judicial seminar. Any payment from the Fund shall 
be approved by the Board.
    ``(d) Required Information.--The Board may approve a private 
judicial seminar after submission of information by the sponsor of that 
private judicial seminar that includes--
            ``(1) the content of the private judicial seminar 
        (including a list of presenters, topics, and course materials); 
        and
            ``(2) the litigation activities of the sponsor (including 
        any amicus briefs submitted by the sponsor) and the presenters 
        at the private judicial seminar (including the litigation 
        activities of the employer of each presenter) on the topic 
        related to those addressed at the private judicial seminar.
    ``(e) Public Availability.--If the Board approves a private 
judicial seminar, the Board shall make the information submitted under 
subsection (d) relating to the private judicial seminar available to 
judges and the public by posting the information online.
    ``(f) Guidelines.--The Judicial Conference shall promulgate 
guidelines to ensure that the Board only approves private judicial 
seminars that are conducted in a manner so as to maintain the public's 
confidence in an unbiased and fair-minded judiciary.
    ``(g) Authorization of Appropriations.--There are authorized to be 
appropriated for deposit in the Fund $3,000,000 for each of fiscal 
years 2019, 2020, and 2021, to remain available until expended.''.
            (2) Technical and conforming 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.

SEC. 403. CODE OF CONDUCT.

    (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.

SEC. 404. IMPROVING DISCLOSURE.

    (a) Financial Reports.--Section 103(h) of the Ethics in Government 
Act of 1978 (5 U.S.C. App.) is amended by adding at the end the 
following:
    ``(3) Not later than 90 days after a report is filed under this 
title by an individual described in section 109(10), the Judicial 
Conference shall make publicly available online, at no cost, each 
report required under this title that is filed with the Judicial 
Conference in a format that is searchable, sortable, machine-readable, 
downloadable, and accessible in multiple languages and to individuals 
with disabilities.''.
    (b) 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 format, 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).''.
    (c) Speeches.--
            (1) In general.--Each justice, judge, and magistrate judge 
        of the United States shall maintain and submit to the Judicial 
        Conference of the United States a copy of each speech or other 
        significant oral 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.
    (d) Livestreaming Judicial Proceedings.--
            (1) Definition.--In this section, the term ``appellate 
        court of the United States'' means any United States circuit 
        court of appeals and the 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.
    (e) 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 searchable, sortable, machine-
        readable, downloadable, and accessible in multiple languages 
        and to individuals with disabilities.
            (2) Contents.--The case assignment data made available 
        under paragraph (1) shall include, at a minimum, and to the 
        extent available, the case title, docket number, case origin, 
        filing date, and name of each authoring judge, concurring 
        judge, and dissenting judge for each opinion issued in the 
        case.
    (f) Making Websites User-Friendly.--Not later than 180 days after 
the date of enactment of this Act, the Judicial Conference of the 
United States shall 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.
    (g) Accessibility.--The Judicial Conference shall make efforts to 
ensure that the any disclosures required under this section are made 
available to the public in plain language, in a variety of languages, 
and accessible to individuals with disabilities.

SEC. 405. APPOINTMENT OF ADMINISTRATIVE LAW JUDGES.

    (a) In General.--Section 3105 of title 5, United States Code is 
amended by inserting after the first 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.

SEC. 406. IMPROVE REPORTING ON JUDICIAL DIVERSITY.

    Section 331 of title 28, United States Code, is amended in the 
eighth undesignated paragraph by adding at the end the following: ``The 
report submitted by the Chief Justice under this paragraph shall 
include a report on the diversity of the Federal judiciary, including 
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.''.

SEC. 407. PLEADING STANDARDS.

    (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.

SEC. 408. ELECTRONIC COURT RECORDS REFORM.

    (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.
            (3) Use of technology.--In developing the system under 
        paragraph (1), the Director shall use modern technology--
                    (A) to improve security, data accessibility 
                (including accessibility to individuals with 
                disabilities), affordability, and performance; and
                    (B) to minimize the burden on pro se litigants.
            (4) Authority to exempt certain documents.--The Director 
        may identify categories of--
                    (A) documents that are not made publicly accessible 
                under paragraph (1)(A); and
                    (B) court proceedings, the recordings of which are 
                not made available under paragraph (1)(F).
            (5) Filing fees.--The Judiciary Appropriations Act, 1992 
        (title III of Public Law 102-140; 105 Stat. 807) is amended by 
        striking section 303 (28 U.S.C. 1913 note) and inserting the 
        following:
    ``Sec. 303. (a)(1) To cover the costs of maintaining the Public 
Access to Court Electronic Records system in accordance with section 
408(c) of the Anti-Corruption and Public Integrity Act, the Judicial 
Conference--
            ``(A) shall collect an annual fee from the Department of 
        Justice equal to the Public Access to Court Electronic Records 
        access fees paid by the Department of Justice in 2018, as 
        adjusted for inflation; and
            ``(B) may, only to the extent necessary, prescribe 
        reasonable filing fees, pursuant to sections 1913, 1914, 1926, 
        1930, and 1932 of title 28, United States Code, for collection 
        by the courts under those sections.
    ``(2) The filing fees shall be commensurate with the burden imposed 
on the court by the party. The filing fees shall impose a lesser fee on 
filers who are filing on behalf of individuals. Pro se litigants and 
litigants who certify their financial hardship shall not be subject to 
the filing fees. The Director of the Administrative Office of the 
United States Courts, under the direction of the Judicial Conference of 
the United States, shall prescribe a schedule of reasonable filing fees 
to cover the costs described in this subsection that the Director shall 
maintain and make available to the public.
    ``(b) The Judicial Conference and the Director shall transmit each 
schedule of fees prescribed under subsection (a) to Congress at least 
30 days before the schedule becomes effective. All fees collected under 
subsection (a) shall be deposited as offsetting collections to the 
Judiciary Information Technology Fund pursuant to section 612(c)(1)(A) 
of title 28, United States Code, to reimburse expenses incurred in 
providing services in accordance with section 408(c) of the Anti-
Corruption and Public Integrity Act.''.
            (6) Rule of construction.--Nothing in this section, or the 
        amendments made by this section, shall be construed to--
                    (A) affect the filing fees or other filing 
                procedures for prisoners; or
                    (B) abrogate, limit, or modify the requirements 
                described in section 1915 of title 28, United States 
                Code.

SEC. 409. FORCED ARBITRATION INJUSTICE REPEAL.

    (a) Purposes.--The purposes of this section are to--
            (1) prohibit predispute arbitration agreements that force 
        arbitration of future employment, consumer, antitrust, or civil 
        rights disputes; and
            (2) prohibit agreements and practices that interfere with 
        the right of individuals, workers, and small businesses to 
        participate in a joint, class, or collective action related to 
        an employment, consumer, antitrust, or civil rights dispute.
    (b) Arbitration of Employment, Consumer, Antitrust, and Civil 
Rights Disputes.--
            (1) In general.--Title 9 of the United States Code is 
        amended by adding at the end the following:

``CHAPTER 4--ARBITRATION OF EMPLOYMENT, CONSUMER, ANTITRUST, AND CIVIL 
                            RIGHTS DISPUTES

``Sec.
``401. Definitions.
``402. No validity or enforceability.
``Sec. 401. Definitions
    ``In this chapter--
            ``(1) the term `antitrust dispute' means a dispute--
                    ``(A) arising from an alleged violation of the 
                antitrust laws (as defined in subsection (a) of the 
                first section of the Clayton Act) or State antitrust 
                laws; and
                    ``(B) in which the plaintiffs seek certification as 
                a class under rule 23 of the Federal Rules of Civil 
                Procedure or a comparable rule or provision of State 
                law;
            ``(2) the term `civil rights dispute' means a dispute--
                    ``(A) arising from an alleged violation of--
                            ``(i) the Constitution of the United States 
                        or the constitution of a State;
                            ``(ii) any Federal, State, or local law 
                        that prohibits discrimination on the basis of 
                        race, sex, age, gender identity, sexual 
                        orientation, disability, religion, national 
                        origin, or any legally protected status in 
                        education, employment, credit, housing, public 
                        accommodations and facilities, voting, veterans 
                        or servicemembers, health care, or a program 
                        funded or conducted by the Federal Government 
                        or State government, including any law referred 
                        to or described in section 62(e) of the 
                        Internal Revenue Code of 1986, including parts 
                        of such law not explicitly referenced in such 
                        section but that relate to protecting 
                        individuals on any such basis; and
                    ``(B) in which at least one party alleging a 
                violation described in subparagraph (A) is one or more 
                individuals (or their authorized representative), 
                including one or more individuals seeking certification 
                as a class under rule 23 of the Federal Rules of Civil 
                Procedure or a comparable rule or provision of State 
                law;
            ``(3) the term `consumer dispute' means a dispute between--
                    ``(A) one or more individuals who seek or acquire 
                real or personal property, services (including services 
                related to digital technology), securities or other 
                investments, money, or credit for personal, family, or 
                household purposes including an individual or 
                individuals who seek certification as a class under 
                rule 23 of the Federal Rules of Civil Procedure or a 
                comparable rule or provision of State law; and
                    ``(B)(i) the seller or provider of such property, 
                services, securities or other investments, money, or 
                credit; or
                    ``(ii) a third party involved in the selling, 
                providing of, payment for, receipt or use of 
                information about, or other relationship to any such 
                property, services, securities or other investments, 
                money, or credit;
            ``(4) the term `employment dispute' means a dispute between 
        one or more individuals (or their authorized representative) 
        and a person arising out of or related to the work relationship 
        or prospective work relationship between them, including a 
        dispute regarding the terms of or payment for, advertising of, 
        recruiting for, referring of, arranging for, or discipline or 
        discharge in connection with, such work, regardless of whether 
        the individual is or would be classified as an employee or an 
        independent contractor with respect to such work, and including 
        a dispute arising under any law referred to or described in 
        section 62(e) of the Internal Revenue Code of 1986, including 
        parts of such law not explicitly referenced in such section but 
        that relate to protecting individuals on any such basis, and 
        including a dispute in which an individual or individuals seek 
        certification as a class under rule 23 of the Federal Rules of 
        Civil Procedure or as a collective action under section 16(b) 
        of the Fair Labor Standards Act, or a comparable rule or 
        provision of State law;
            ``(5) the term `predispute arbitration agreement' means an 
        agreement to arbitrate a dispute that has not yet arisen at the 
        time of the making of the agreement; and
            ``(6) the term `predispute joint-action waiver' means an 
        agreement, whether or not part of a predispute arbitration 
        agreement, that would prohibit, or waive the right of, one of 
        the parties to the agreement to participate in a joint, class, 
        or collective action in a judicial, arbitral, administrative, 
        or other forum, concerning a dispute that has not yet arisen at 
        the time of the making of the agreement.
``Sec. 402. No validity or enforceability
    ``(a) In General.--Notwithstanding any other provision of this 
title, no predispute arbitration agreement or predispute joint-action 
waiver shall be valid or enforceable with respect to an employment 
dispute, consumer dispute, antitrust dispute, or civil rights dispute.
    ``(b) Applicability.--
            ``(1) In general.--An issue as to whether this chapter 
        applies with respect to a dispute shall be determined under 
        Federal law. The applicability of this chapter to an agreement 
        to arbitrate and the validity and enforceability of an 
        agreement to which this chapter applies shall be determined by 
        a court, rather than an arbitrator, irrespective of whether the 
        party resisting arbitration challenges the arbitration 
        agreement specifically or in conjunction with other terms of 
        the contract containing such agreement, and irrespective of 
        whether the agreement purports to delegate such determinations 
        to an arbitrator.
            ``(2) Collective bargaining agreements.--Nothing in this 
        chapter shall apply to any arbitration provision in a contract 
        between an employer and a labor organization or between labor 
        organizations, except that no such arbitration provision shall 
        have the effect of waiving the right of a worker to seek 
        judicial enforcement of a right arising under a provision of 
        the Constitution of the United States, a State constitution, or 
        a Federal or State statute, or public policy arising 
        therefrom.''.
    (c) Technical and Conforming Amendments.--
            (1) In general.--Title 9 of the United States Code is 
        amended--
                    (A) in section 1 by striking ``of seamen,'' and all 
                that follows through ``interstate commerce'' and 
                inserting in its place ``of individuals, regardless of 
                whether such individuals are designated as employees or 
                independent contractors for other purposes'';
                    (B) in section 2 by inserting ``or as otherwise 
                provided in chapter 4'' before the period at the end;
                    (C) in section 208--
                            (i) in the section heading by striking 
                        ``chapter 1; residual application'' and 
                        inserting ``application''; and
                            (ii) by adding at the end the following: 
                        ``This chapter applies to the extent that this 
                        chapter is not in conflict with chapter 4.''; 
                        and
                    (D) in section 307--
                            (i) in the section heading by striking 
                        ``chapter 1; residual application'' and 
                        inserting ``application''; and
                            (ii) by adding at the end the following: 
                        ``This chapter applies to the extent that this 
                        chapter is not in conflict with chapter 4.''.
            (2) Table of sections.--
                    (A) Chapter 2.--The table of sections of chapter 2 
                of title 9, United States Code, is amended by striking 
                the item relating to section 208 and inserting the 
                following:

``208. Application.''.
                    (B) Chapter 3.--The table of sections of chapter 3 
                of title 9, United States Code, is amended by striking 
                the item relating to section 307 and inserting the 
                following:

``307. Application.''.
            (3) Table of chapters.--The table of chapters of title 9, 
        United States Code, is amended by adding at the end the 
        following:

``4. Arbitration of Employment, Consumer, Antitrust, and         401''.
                            Civil Rights Disputes.
    (d) Effective Date.--This Act, and the amendments made by this Act, 
shall take effect on the date of enactment of this Act and shall apply 
with respect to any dispute or claim that arises or accrues on or after 
such date.
    (e) Rule of Construction.--Nothing in this Act, or the amendments 
made by this Act, shall be construed to prohibit the use of arbitration 
on a voluntary basis after the dispute arises.

SEC. 410. RESTRICTIONS ON PROTECTIVE ORDERS AND SEALING OF CASES AND 
              SETTLEMENTS.

    (a) In General.--Chapter 111 of title 28, United States Code, is 
amended by adding at the end the following:
``Sec. 1660. Restrictions on protective orders and sealing of cases and 
              settlements
    ``(a) Restrictions on Orders Relating to the Disclosure of 
Information.--
            ``(1) In general.--In any civil action in which the 
        pleadings state facts that are relevant to the protection of 
        public health or safety, a court shall not enter, by 
        stipulation or otherwise, an order otherwise authorized under 
        rule 26(c) of the Federal Rules of Civil Procedure restricting 
        the disclosure of information obtained through discovery, an 
        order otherwise authorized approving a settlement agreement 
        that would restrict the disclosure of information obtained 
        through discovery, or an order otherwise authorized restricting 
        access to court records unless in connection with the order the 
        court finds--
                    ``(A) that the order would not restrict the 
                disclosure of information which is relevant to the 
                protection of public health or safety; or
                    ``(B) that--
                            ``(i) the public interest in the disclosure 
                        of past, present, or potential public health or 
                        safety hazards is outweighed by a specific and 
                        substantial interest in maintaining the 
                        confidentiality of the information or records 
                        in question; and
                            ``(ii) the requested order is no broader 
                        than necessary to protect the confidentiality 
                        interest asserted.
            ``(2) Limit on effect.--No order entered in accordance with 
        paragraph (1), other than an order approving a settlement 
        agreement, may continue in effect after the entry of final 
        judgment unless at the time of, or after, the entry of the 
        order the court makes a separate finding of fact that the 
        requirements of paragraph (1) continue to be met.
            ``(3) Rule of construction.--Nothing in paragraph (1) shall 
        be construed to require the disclosure of the identity of 
        individuals who disclose evidence of a violation of any law, 
        rule, or regulation or other fraud, waste, abuse, or misconduct 
        or other persons protected from disclosure under Federal law.
    ``(b) Restrictions on Enforcement Relating to Federal and State 
Agencies.--In any civil action in which the pleadings state facts that 
are relevant to the protection of public health or safety, a court 
shall not enforce any provision of an agreement between or among 
parties to the civil action, or enforce an order entered in accordance 
with subsection (a)(1), to the extent that the provision or order 
prohibits or otherwise restricts a party from disclosing any 
information relevant to the civil action to any Federal or State agency 
with authority to enforce laws regulating an activity relating to the 
information.
    ``(c) Limits on Scope.--
            ``(1) In general.--Subject to paragraph (2), a court shall 
        not enforce any provision of a settlement agreement between or 
        among parties to any civil action in which the pleadings state 
        facts that are relevant to the protection of public health or 
        safety that prohibits one or more parties from--
                    ``(A) disclosing the fact that the settlement was 
                reached or the terms of the settlement (excluding any 
                money paid) that involve matters relevant to the 
                protection of public health or safety; or
                    ``(B) discussing matters relevant to the protection 
                of public health or safety involved in the civil 
                action.
            ``(2) Exception.--Paragraph (1) applies unless the court 
        finds that--
                    ``(A) the public interest in the disclosure of 
                past, present, or potential public health or safety 
                hazards is outweighed by a specific and substantial 
                interest in maintaining the confidentiality of the 
                information in question; and
                    ``(B) the requested order is no broader than 
                necessary to protect the confidentiality interest 
                asserted.
    ``(d) Rebuttable Presumption Relating to Personally Identifiable 
Information.--For purposes of implementing subsections (a)(1)(B)(i) and 
(c)(2)(A), when weighing the interest in maintaining confidentiality 
under this section, there shall be a rebuttable presumption that the 
interest in protecting personally identifiable information of an 
individual outweighs the public interest in disclosure.
    ``(e) Rule of Construction.--Nothing in this section shall be 
construed to permit, require, or authorize the disclosure of classified 
information (as defined under section 1 of the Classified Information 
Procedures Act (18 U.S.C. App.)).''.
    (b) Technical and Conforming Amendment.--The table of sections for 
chapter 111 of title 28, United States Code, is amended by adding after 
the item relating to section 1659 the following:

``1660. Restrictions on protective orders and sealing of cases and 
                            settlements.''.
    (c) Effective Date.--The amendments made by this section shall--
            (1) take effect 30 days after the date of enactment of this 
        Act; and
            (2) apply only to orders entered in civil actions or 
        agreements entered into on or after such date.

SEC. 411. SECRET SETTLEMENTS BAN.

    (a) Definitions.--In this section--
            (1) the terms ``antitrust dispute'', ``civil rights 
        dispute'', ``consumer dispute'', and ``employment dispute'' 
        have the meanings given those terms in section 401 of title 9, 
        United States Code, as added by section 409 of this Act;
            (2) the term ``covered agreement''--
                    (A) means a contract or settlement agreement 
                between a covered person and any other person relating 
                to an antitrust dispute, civil rights dispute, consumer 
                dispute, discrimination dispute, or employment dispute; 
                and
                    (B) does not include a collective bargaining 
                agreement between a covered person and the collective 
                bargaining representative of the employees of the 
                covered person;
            (3) the term ``covered person'' means--
                    (A) an individual that is an employer; or
                    (B) 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, without regard to whether the entity is 
                a for-profit or nonprofit entity or is an employer; and
            (4) the term ``secret settlement provision'' means a 
        provision in a covered agreement that has the purpose or effect 
        of concealing the details of a claim relating to the antitrust 
        dispute, civil rights dispute, consumer dispute, or employment 
        dispute to which the covered agreement relates.
    (b) Ban on Secret Settlements.--A secret settlement provision--
            (1) shall be deemed against public policy; and
            (2) shall have no force or effect.
    (c) Notice.--A covered agreement shall include a bold, prominently 
placed notice stating that any secret settlement provision in the 
covered agreement has no force or effect and is unenforceable against 
any person.
    (d) Costs.--In any civil action, if a covered person seeks to 
enforce a secret settlement provision, the court may award costs, 
including reasonable attorney's fees, to the person against whom the 
covered person seeks to enforce the secret settlement provision.
    (e) Prohibition on Retaliation.--A covered person shall not take or 
threaten to take any personnel action against a current or former 
employee of the covered person based on whole or in part on a failure 
or refusal by the employee to sign or enter into a covered agreement 
that contains a secret settlement provision.

SEC. 412. OVERSIGHT PROCESS FOR DISQUALIFICATION OF JUSTICE, JUDGE, OR 
              MAGISTRATE JUDGE.

    Section 455 of title 28, United States Code, as amended by section 
404 of this Act, is amended by adding at the end the following:
    ``(h)(1) Any litigant appearing before a justice, judge, or 
magistrate judge of the United States may file a petition that the 
justice, judge, or magistrate judge of the United States, as 
applicable, shall be disqualified based on the criteria described in 
subsection (b).
    ``(2)(A) Any judge or magistrate judge of the United States subject 
to a petition under paragraph (1) may provide a public, written 
response to the petition that provides a written explanation relating 
to any disqualification decision.
    ``(B) Any justice of the Supreme Court of the United States subject 
to a petition under paragraph (1) shall provide a public, written 
response to the petition that provides a written explanation relating 
to any disqualification decision.
    ``(3) If a litigant makes a petition under paragraph (1) relating 
to a justice of the Supreme Court of the United States, the Judicial 
Conference of the United States shall issue a nonbinding, public 
advisory opinion with its recommendation, which shall be shared with 
the Supreme Court Review Committee established in section 415 of the 
Anti-Corruption and Public Integrity Act.
    ``(4) If the Judicial Conference of the United States recommends 
that a justice of the Supreme Court of the United States be 
disqualified under this section, the justice shall publicly explain a 
final disqualification decision in writing, which shall be shared with 
the Supreme Court Review Committee established in section 415 of the 
Anti-Corruption and Public Integrity Act.
    ``(5)(A) For any judge or magistrate judge of the United States, 
the Judicial Conference of the United States shall--
    ``(B) establish a written process to determine whether a judge 
meets 1 or more of the criteria in subsection (b); and
    ``(C) use any administrative procedures which may be necessary to 
aid in the execution of the written process described in subparagraph 
(B), which may include any procedures or software that may be necessary 
to determine whether a judge meets 1 or more of the criteria in 
subsection (b).
    ``(D) The process described in subparagraph (B) shall be made 
publicly available and, at a minimum--
            ``(i) include how an individual may make a petition under 
        paragraph (1) for a judge to be disqualified;
            ``(ii) ensure that a judge or group of judges other than 
        the judge who is the subject of the inquiry determines whether 
        the judge shall be disqualified;
            ``(iii) allow the judge or group of judges making the 
        disqualification determination to receive the expert advice of 
        ethics personnel and officials, including individuals with 
        expertise in ethics at the Judicial Conference or at the Office 
        of Public Integrity;
            ``(iv) require that the judge be disqualified should 
        another judge or group of judges determine that the judge must 
        be disqualified in accordance with this subsection; and
            ``(v) require that all recusal decisions be made publicly 
        available and be accompanied by a written explanation for the 
        recusal decision.''.

SEC. 413. COMPLAINTS AGAINST RETIRED JUDGES AND JUDICIAL DISCIPLINE.

    (a) Complaints.--Section 351(d) of title 28, United States Code, is 
amended--
            (1) by striking paragraph (1) and inserting the following:
            ``(1) the term `judge'--
                    ``(A) means a circuit judge, district judge, 
                bankruptcy judge, or magistrate judge; and
                    ``(B) includes a retired judge described in 
                subparagraph (A);''; and
            (2) in paragraph (2), by striking the period at the end and 
        inserting ``; and''; and
            (3) by adding at the end the following:
            ``(4) the term `retired judge' means any judge of the 
        United States who has retired from regular active service under 
        section 371(b) or 372(a).''.
    (b) Review of Complaint by Chief Judge.--Section 352 of title 28, 
United States Code, is amended by adding at the end the following:
    ``(e) Definition.--In this section, the term `intervening events' 
does not include the retirement of the judge whose conduct is 
complained of or the nomination or confirmation of the judge to the 
Supreme Court of the United States.''.

SEC. 414. ACTION BY JUDICIAL COUNCIL IN RESPONSE TO MISCONDUCT BY 
              JUDGES.

    Section 354 of title 28, United States Code, is amended--
            (1) in subsection (a)(2), by adding at the end the 
        following:
                    ``(D) Retired judges.--If the conduct of a retired 
                judge is the subject of the complaint, action by the 
                judicial council under paragraph (1)(C) may include--
                            ``(i) censuring or reprimanding the judge 
                        by means of public announcement; and
                            ``(ii) reducing or rescinding the nonvested 
                        pension benefits of the retired judge.
                    ``(E) Remedial actions for certain conduct.--
                            ``(i) Definition.--In this subparagraph, 
                        the term `covered judge' does not include a 
                        retired judge.
                            ``(ii) Conduct.--If the conduct of a 
                        covered judge is the subject of the complaint, 
                        action by the judicial council under paragraph 
                        (1)(C) may include mandating that the covered 
                        judge participate in professional counseling, 
                        treatment, education, or mentoring to address 
                        the misconduct at issue.''; and
            (2) by adding at the end the following:
    ``(c) Report.--
            ``(1) Submission to judicial conference of the united 
        states.--Each chief judge of the circuit shall submit to the 
        Judicial Conference of the United States an annual report on, 
        with respect to the previous year--
                    ``(A) the number of complaints filed under section 
                351 against judges in the circuit; and
                    ``(B) the outcome of the complaints described in 
                subparagraph (A).
            ``(2) Submission to congress.--The Judicial Conference of 
        the United States shall submit to the Committee on the 
        Judiciary of the Senate and the Committee on the Judiciary of 
        the House of Representatives each report submitted under 
        paragraph (1).
            ``(3) Public availability.--No later than 30 days after 
        submitting to Congress each report under paragraph (1), the 
        Judicial Conference of the United States shall make the report 
        available to the public.''.

SEC. 415. SUPREME COURT COMPLAINTS REVIEW COMMITTEE.

    (a) Definitions.--In this section:
            (1) Review committee.--The term ``Review Committee'' means 
        the Supreme Court Complaints Review Committee.
            (2) Close family member.--The term ``close family member'' 
        includes--
                    (A) a parent of the reporting individual;
                    (B) a spouse of the reporting individual; and
                    (C) an adult child of the reporting individual.
    (b) Establishment.--For the purpose of assisting the House of 
Representatives in carrying out its responsibilities under section 2 of 
article I and section 4 of article II of the Constitution of the United 
States, there is established in the legislative branch to be known as 
the Supreme Court Complaints Review Committee under the general 
supervision of the Committee on the Judiciary of the House of 
Representatives.
    (c) Members.--
            (1) In general.--The Review Committee shall consist of 5 
        members, of whom--
                    (A) 2 shall be appointed by the Speaker of the 
                House of Representatives;
                    (B) 2 shall be appointed by the minority leader of 
                the House of Representatives; and
                    (C) 1 shall be appointed by agreement of the 
                Speaker of the House of Representatives and the 
                minority leader of the House of Representatives.
            (2) Qualifications of review committee members.--
                    (A) Expertise.--Each member of the Review Committee 
                shall be an individual of exceptional public standing 
                who is specifically qualified to serve on the Review 
                Committee by virtue of the individual's education, 
                training, or experience in 1 or more of the the 
                following fields:
                            (i) Constitutional law.
                            (ii) Impeachment.
                            (iii) Judicial ethics.
                            (iv) Professional ethics.
                            (v) Legal history.
                            (vi) Judicial service.
                    (B) Selection basis.--Selection and appointment of 
                each member of the Review Committee shall be without 
                regard to political affiliation and solely on the basis 
                of fitness to perform the duties of a member of the 
                Review Committee.
                    (C) Citizenship.--Each member of the Review 
                Committee shall be a United States citizen.
                    (D) Disqualifications.--No individual shall be 
                eligible for appointment to, or service on, the Review 
                Committee who--
                            (i) has ever been registered, or required 
                        to be registered, as a lobbyist under the 
                        Lobbying Disclosure Act of 1995 (2 U.S.C. 1601 
                        et seq.);
                            (ii) engages in, or is otherwise employed 
                        in, lobbying of the Congress;
                            (iii) is registered or is required to be 
                        registered as an agent of a foreign principal 
                        under the Foreign Agents Registration Act of 
                        1938 (22 U.S.C. 611 et seq.);
                            (iv) is a currently serving judge, justice, 
                        or employee of the Federal courts;
                            (v) is an officer or employee of the 
                        Federal Government;
                            (vi) is a close family member of any judge 
                        or justice of the Federal courts;
                            (vii) during the 4 years preceding the date 
                        of appointment, engaged in any significant 
                        political activity (including being a candidate 
                        for public office, fundraising for a candidate 
                        for public office or a political party, or 
                        serving as an officer or employee of a 
                        political campaign or party);
                            (viii) during the 2 years preceding the 
                        date of appointment, served as a fiduciary or 
                        personal attorney for an judge, justice, or 
                        employee of the Federal courts, including any 
                        judge or justice; or
                            (ix) any currently serving Senator or 
                        Representative in, or Delegate or Resident 
                        Commissioner to, the Congress.
            (3) Term and removal.--
                    (A) Length of term.--The term of a member of the 
                Review Committee shall be for 2 Congresses.
                    (B) Term limits.--A member of the Review Committee 
                may not serve during 4 consecutive Congresses.
                    (C) Removal.--A member of the Review Committee may 
                be removed upon unanimous agreement among the Speaker 
                and the minority leader of the House of Representatives 
                or by an affirmative vote of \2/3\ of the members of 
                the Committee on the Judiciary of the House of 
                Representatives.
                    (D) Vacancies.--Any vacancy on the Review Committee 
                shall be filled for the unexpired portion of the term 
                in the same manner, and by the same appointing 
                authority, as the original appointment under paragraph 
                (2).
    (d) Chairperson and Vice-Chairperson.--
            (1) In general.--The members of the Review Committee shall 
        elect a chairperson and a vice-chairperson of the Review 
        Committee by a majority vote. The chairperson and the vice-
        chairperson shall serve a 1-year term, and may be reelected for 
        additional 1-year terms.
            (2) Duties.--The chairperson of the Review Committee shall 
        preside at the meetings of the Review Committee, and the vice-
        chairperson shall preside in the absence or disability of the 
        chairperson.
    (e) Meetings.--
            (1) Quorum.--A majority of the members of the Review 
        Committee shall constitute a quorum.
            (2) Meetings.--The Review Committee shall meet at the call 
        of the chairperson, the chair of the Committee on the Judiciary 
        of the House of Representatives, or the call of a majority of 
        its members, pursuant to the rules of the Review Committee.
            (3) Voting.--Except as otherwise specifically provided, a 
        majority vote of the Review Committee under this subtitle shall 
        require an affirmative vote of 3 or more members.
    (f) Compensation.--A member of the Review Committee shall not be 
considered to be an officer or employee of the House or Senate, but 
shall be compensated at a rate equal to the daily equivalent of the 
minimum annual rate of basic pay prescribed for GS-15 of the General 
Schedule under section 5107 of title 5, United States Code, for each 
day (including travel time) during which such member is engaged in the 
performance of the duties of the Review Committee.
    (g) Duties of Review Committee.--
            (1) In general.--The Review Committee shall review each 
        complaint made against the Chief Justice of the United States 
        or a Justice of the Supreme Court of the United States through 
        the review process described in subsection (m).
            (2) Hearings.--The Review Committee may hold such hearings 
        as are necessary and may sit and act only in executive session 
        at such times and places, solicit such testimony, and receive 
        such relevant evidence, as may be necessary to carry out its 
        duties.
    (h) Financial Disclosure Reports.--
            (1) In general.--Each member of the Review Committee shall 
        file an annual financial disclosure report with the Clerk of 
        the House of Representatives on or before May 15 of each 
        calendar year immediately following any year in which the 
        member served on the Review Committee. Each such report shall 
        be on a form prepared by the Clerk that is substantially 
        similar to the form required for individuals at the executive 
        branch who must complete a confidential financial disclosure 
        report under section 102 of the Ethics in Government Act of 
        1978 (5 U.S.C. App.).
            (2) Distribution of report.--The Clerk of the House of 
        Representatives shall--
                    (A) not later than 7 days after the date each 
                financial disclosure report under paragraph (1) is 
                filed, send a copy of each such report to Committee on 
                the Judiciary of the House of Representatives; and
                    (B) annually print all such financial disclosure 
                reports as a document of Congress, and make the 
                document available to the public.
    (i) Duties and Powers of the Review Committee.--
            (1) In general.--The Review Committee is authorized--
                    (A) to establish a process for receiving and 
                reviewing complaints from any person regarding 
                allegations of misconduct by a Justice of the Supreme 
                Court of the United States;
                    (B) to conduct a review of material complaints 
                regarding alleged misconduct by a Justice of the 
                Supreme Court of the United States; and
                    (C) in any case where the Review Committee 
                determines, on the basis of the review described in 
                subsection (m), that a Justice may have engaged in 
                conduct which might violate the Code of Conduct for 
                United States Judges adopted by the Judicial Conference 
                of the United States or constitute 1 or more grounds 
                for impeachment under article II of the Constitution of 
                the United States, or which, in the interest of 
                justice, is not amenable to resolution by the Review 
                Committee, the Review Committee shall promptly certify 
                such determination, together with any complaint and a 
                record of any associated proceedings to the Committee 
                on the Judiciary of the House of Representatives.
            (2) Referrals to law enforcement officials.--
                    (A) In general.--Upon a majority vote of the Review 
                Committee, the Review Committee may refer potential 
                legal violations committed by a justice to the 
                Department of Justice or other relevant Federal or 
                State law enforcement officials, which referral shall 
                include all appropriate evidence gathered during any 
                review or preliminary investigation conducted under 
                this subtitle.
                    (B) Notification.--The Review Committee shall 
                notify the Committee on the Judiciary of the Senate and 
                the Committee on the Judiciary of the House of 
                Representatives of all referrals under this subsection.
            (3) Limitations on review.--No review may be undertaken by 
        the Review Committee of any complaint--
                    (A) that is directly related to the merits of a 
                decision or procedural ruling;
                    (B) that is frivolous, lacking sufficient evidence 
                to raise an inference that misconduct has occurred, or 
                containing allegations that are incapable of being 
                established through investigation;
                    (C) concerning any alleged violation of law, rule, 
                regulation or standard of conduct not in effect at the 
                time of the alleged violation; or
                    (D) concerning any alleged violation that occurred 
                before the date of enactment of this Act.
    (j) Prohibition on Public Disclosure.--
            (1) In general.--
                    (A) Prohibition on public disclosure.--No 
                information obtained by a member or employee of the 
                Review Committee regarding complaints shall be publicly 
                disclosed to any person or entity outside the Review 
                Committee, unless approved by a majority vote of the 
                Review Committee. Any communication to any person or 
                entity outside the Review Committee may occur only as 
                authorized by the Review Committee.
                    (B) Procedures and investigation.--The Review 
                Committee shall establish, in consultation with 
                relevant agencies, procedures necessary to prevent the 
                unauthorized disclosure of any information received by 
                the Review Committee. Any breaches of confidentiality 
                shall be investigated by the Review Committee and 
                appropriate action shall be taken, which may include a 
                recommendation to Congress for removal pursuant to 
                subsection (c)(3)(C).
            (2) Provision with respect to house and senate judiciary 
        committees.--Paragraph (1) shall not preclude--
                    (A) any member or employee of the Review Committee 
                from presenting a report or findings of the Committee, 
                or testifying before the Committee on the Judiciary of 
                the House of Representatives, if requested by the 
                Committee on the Judiciary of the House of 
                Representatives pursuant to its rules;
                    (B) any necessary communication with the Department 
                of Justice or any other law enforcement agency; or
                    (C) any necessary communication with the Speaker or 
                minority leader of the House of Representatives or the 
                majority leader or minority leader of the Senate.
            (3) Opportunity to present.--Before the Review Committee 
        votes on a recommendation or statement to be transmitted to the 
        Committee on the Judiciary of the House of Representatives 
        relating to a complaint involving a justice, the Review 
        Committee shall provide the justice whose conduct is the 
        subject of the complaint the opportunity to present, orally or 
        in writing (at the discretion of the justice), a statement to 
        the Review Committee.
    (k) Presentation of Reports to the House Judiciary Committee.--
Whenever the Review Committee transmits any report to the Committee on 
the Judiciary of the House of Representatives relating to a complaint 
involving a justice, the Review Committee shall designate a member or 
employee of the Review Committee to present the report to the House 
Judiciary Committee if requested by the Committee on the Judiciary of 
the House of Representatives.
    (l) Maintaining of Financial Disclosure Reports.--The Review 
Committee shall receive, and maintain, a copy of each report filed 
under section 101 of the Ethics in Government Act of 1978 (5 U.S.C. 
App.) by a Justice of the Supreme Court of the United States.
    (m) Complaints.--
            (1) Source of complaints.--Any person, including a judge, 
        justice, or employee of the courts of the United States may 
        file with the Review Committee a complaint alleging a violation 
        by a justice of any law (including any regulation), rule, or 
        other standard of conduct, including the Code of Conduct for 
        United States Judges adopted by the Judicial Conference of the 
        United States, applicable to the conduct of such justice in the 
        performance of the duties, or the discharge of the 
        responsibilities, of the justice.
            (2) False claims and statements acknowledgment.--Any 
        complaint submission under paragraph (1) shall include a signed 
        statement acknowledging that the person submitting the 
        allegation or information understands that section 1001 of 
        title 18, United States Code (popularly known as the ``False 
        Statements Act'') applies to the information.
            (3) Review process of alleged violations by a justice.--
                    (A) Review authorization.--
                            (i) In general.--After receiving a 
                        complaint under paragraph (1), the Review 
                        Committee may, by majority vote, authorize a 
                        review under subparagraph (B) of any alleged 
                        violation by a justice of any law (including 
                        any regulation), rule, or other standard of 
                        conduct, including the Code of Conduct for 
                        United States Judges adopted by the Judicial 
                        Conference of the United States, applicable to 
                        the conduct of such justice in the performance 
                        of the duties, or the discharge of the 
                        responsibilities, of the justice.
                            (ii) Requirements.--The authorization under 
                        clause (i) shall--
                                    (I) be in writing; and
                                    (II) include a brief description of 
                                the specific matter and an explanation 
                                of why allegations in complaint meet 
                                the criteria in subsection (i)(3).
                    (B) Review process.--
                            (i) Initiation and notification of 
                        review.--After the date on which the Review 
                        Committee makes an authorization under 
                        subparagraph (A), the Review Committee shall--
                                    (I) initiate a review of the 
                                alleged violation; and
                                    (II) provide a written notification 
                                of the commencement of the review, 
                                including a statement of the nature of 
                                the review, to--
                                            (aa) the Committee on the 
                                        Judiciary of the Senate and the 
                                        Committee on the Judiciary of 
                                        the House of Representatives; 
                                        and
                                            (bb) the justice who is the 
                                        subject of the review.
                            (ii) Opportunity to terminate review.--At 
                        any time, the Review Committee may, by a 
                        majority vote, terminate a review on any 
                        ground, including that the matter under review 
                        is de minimis in nature. If the Review 
                        Committee votes to terminate the review, the 
                        Committee shall--
                                    (I) notify, in writing, the 
                                complainant, the justice who was the 
                                subject of the review, the Committee on 
                                the Judiciary of the Senate, and the 
                                Committee on the Judiciary of the House 
                                of Representatives of its decision to 
                                terminate the review of the matter; and
                                    (II) send a report, including any 
                                findings of the Review Committee, to 
                                the Committee on the Judiciary of the 
                                Senate and the Committee on the 
                                Judiciary of the House of 
                                Representatives.
                    (C) Scope of review.--During a review, the Review 
                Committee shall evaluate the complaint and determine, 
                based on a majority vote, whether the misconduct 
                alleged in the complaint, if true, may constitute 
                ``Treason, Bribery, and other high Crimes and 
                Misdemeanors'' under section 4 of article II of the 
                Constitution of the United States.
                    (D) Completion of review.--Upon the completion of 
                any review, the Review Committee shall--
                            (i) transmit to the Committee on the 
                        Judiciary of the House of Representatives a 
                        written report that includes--
                                    (I) a statement of the nature of 
                                the review and the justice who is the 
                                subject of the review;
                                    (II) the Review Committee's 
                                determination under paragraph (3);
                                    (III) a description of the number 
                                of members voting in the affirmative 
                                and in the negative for the Review 
                                Committee's determination under 
                                paragraph (3)(C);
                                    (IV) any relevant findings of the 
                                Review Committee, including--
                                            (aa) any findings of fact;
                                            (bb) a description of any 
                                        relevant information that the 
                                        Review Committee was unable to 
                                        obtain or witnesses whom the 
                                        Review Committee was unable to 
                                        interview, and the reasons 
                                        therefor; and
                                            (cc) a citation of any 
                                        relevant law, regulation, or 
                                        standard of conduct relating to 
                                        the alleged misconduct;
                                    (V) any supporting documentation; 
                                and
                                    (VI) a written determination of 
                                whether the misconduct alleged in the 
                                complaint, if true, may constitute 
                                ``Treason, Bribery, and other high 
                                Crimes and Misdemeanors'' under section 
                                4 of article II of the Constitution of 
                                the United States; and
                            (ii) transmit to the complainant and the 
                        justice who is the subject of the review the 
                        written report of the Review Committee 
                        described in clause (i).
    (n) House Judiciary Committee Consideration of Review Committee 
Report.--If the Review Committee determines, after a review, that 
misconduct alleged in a complaint, if true, may constitute ``Treason, 
Bribery, and other high Crimes and Misdemeanors'' under section 4 of 
article II of the Constitution of the United States, not later than 30 
legislative days of continuous session in the House of Representatives 
after the Committee on the Judiciary of the House of Representatives 
receives a report under subsection (m), the Committee on the Judiciary 
of the House of Representatives shall vote on whether to proceed with 
an investigation or an impeachment inquiry.
    (o) Request From House Judiciary Committee.--
            (1) In general.--Notwithstanding any other provision of 
        this section, upon receipt of a written request from the 
        Committee on the Judiciary of the House of Representatives that 
        the Review Committee cease its review of any matter and refer 
        such matter to the Committee on the Judiciary of the House of 
        Representatives because of the ongoing investigation of the 
        matter by the Committee on the Judiciary of the House of 
        Representatives, the Review Committee shall refer such matter 
        to the Committee on the Judiciary of the House of 
        Representatives, cease its review of that matter and so notify 
        any justice who is the subject of the review.
            (2) Resumption of review.--If the Committee on the 
        Judiciary of the House of Representatives notifies the Review 
        Committee in writing that the Review Committee may continue its 
        review of the complaint, the Review Committee may begin or 
        continue, as the case may be, a review of the matter.
            (3) Rule of construction.--Nothing in this subsection shall 
        be construed to prevent the Review Committee from sending any 
        information regarding the matter to law enforcement agencies.
    (p) Procedures.--
            (1) Review powers.--Members or employees of the Review 
        Committee may, during a review--
                    (A) administer to or take from any person an oath, 
                affirmation, or affidavit;
                    (B) obtain information or assistance from any 
                Federal, State, or local governmental agency, or other 
                entity, or unit thereof, including all information kept 
                in the course of business by the Judicial Conference of 
                the United States, the judicial councils of circuits, 
                the Administrative Office of the United States Courts, 
                and the United States Sentencing Commission;
                    (C) take the deposition of witnesses; and
                    (D) submit to the chair of the Committee on the 
                Judiciary of the House of Representatives a request for 
                the Committee on the Judiciary of the House of 
                Representatives to require by subpoena the attendance 
                of and testimony by witnesses and the production any 
                book, check, canceled check, correspondence, 
                communication, document, email, paper, physical 
                evidence, record, recording, tape, or other material 
                (including electronic records) relating to any matter 
                or question the Review Committee is authorized to 
                review from any individual or entity, which--
                            (i) shall be handled in accordance with the 
                        rules of the Committee on the Judiciary of the 
                        House of Representatives; and
                            (ii) may allow for the transmission of 
                        information or testimony between the Review 
                        Committee and the Committee on the Judiciary of 
                        the House of Representatives, in accordance 
                        with rules of the Committee on the Judiciary of 
                        the House of Representatives.
            (2) Prohibition of ex parte communications.--There shall be 
        no ex parte communications between any member or employee of 
        the Review Committee and any justice who is the subject of any 
        review by the Review Committee or between any member of the 
        Review Committee and any interested party.
            (3) Other review committee rules and procedures.--The 
        Review Committee is authorized to establish any additional 
        rules or procedures pursuant to its duties and powers in 
        paragraph (1) necessary to carry out the functions of the 
        Review Committee in accordance with this section.
    (q) Personnel Matters.--
            (1) Appointment and compensation of employees.--The Review 
        Committee may appoint and fix the compensation of such 
        professional, nonpartisan staff (including staff with relevant 
        experience in investigations and law enforcement) of the Review 
        Committee as it considers necessary to perform its duties, 
        who--
                    (A) shall perform all official duties in a 
                nonpartisan manner; and
                    (B) may not engage in any partisan political 
                activity directly affecting any congressional or 
                presidential election, or any nomination of a Federal 
                judge or justice.
            (2) Qualifications.--Each employee of the Review Committee 
        shall be professional and demonstrably qualified for the 
        position for which the employee is hired.
            (3) Termination of employees.--The employment of an 
        employee of the Review Committee may be terminated at any time 
        by the Review Committee.
            (4) Code of conduct.--The Review Committee shall establish 
        a code of conduct to govern the behavior of the members or 
        employees of the Review Committee, which shall include the 
        avoidance of conflicts of interest.
    (r) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section such sums as may be necessary.

SEC. 416. EXPEDITED IMPEACHMENT OF FEDERAL JUDGES.

    Section 355(b) of title 28, United States Code, is amended by 
adding at the end the following:
            ``(3) Expedited impeachment.--
                    ``(A) In general.--After the Judicial Conference 
                transmits the determination and the record of 
                proceedings under paragraph (1) or (2) to the House of 
                Representatives, the determination and record shall be 
                immediately referred to the Committee on the Judiciary 
                of the House of Representatives.
                    ``(B) Vote.--Not later than 30 legislative days of 
                continuous session in the House of Representatives 
                after the Committee on the Judiciary of the House of 
                Representatives receives the determination and the 
                record of proceedings under subparagraph (A), the 
                Committee on the Judiciary of the House of 
                Representatives shall vote on whether to proceed with 
                an investigation or an impeachment inquiry.''.

SEC. 417. JUDICIAL WORKPLACE CLIMATE SURVEYS.

    (a) In General.--Chapter 21 of title 28, United States Code, is 
amended by adding at the end the following:
``Sec. 464. Judicial workplace climate surveys
    ``(a) In General.--The Judicial Conference of the United States 
shall administer climate survey to each employee of a court of the 
United States about the work environment of the court, which shall--
            ``(1) be administered not later than 18 months after the 
        date of enactment of this section and every 2 years thereafter;
            ``(2) be voluntary;
            ``(3) survey respondents on the general work environment, 
        including attitudes in the workplace regarding diversity and 
        inclusion and harassment or discrimination on the basis of 
        race, ethnicity, disability, sex, sexual orientation, and 
        gender identity; and
            ``(4) be anonymous and confidential, with notice of the 
        anonymity and confidentiality made to the respondent throughout 
        the survey.
    ``(b) Transmission of Information.--Information obtained in a 
survey administered under subsection (a) shall be--
            ``(1) made publicly available; and
            ``(2) transmitted to the Committee on the Judiciary of the 
        Senate and the Committee on the Judiciary, the Chief Justice of 
        the United States, and the Judicial Conference of the United 
        States.''.
    (b) Technical and Conforming Amendment.--The table of sections for 
chapter 21 of title 28, United States Code, is amended by adding at the 
end the following:

``464. Judicial workplace climate surveys.''.

SEC. 418. PILOT PROGRAM TO PROVIDE ACCESS TO COUNSEL IN FEDERAL COURT.

    (a) Definitions.--In this section:
            (1) Director.--The term ``Director'' means the Director of 
        the Administrative Office of the United States Courts.
            (2) Eligible entity.--The term ``eligible entity'' means 
        any of the following:
                    (A) A State or local public defenders office.
                    (B) A clinical law program at a nonprofit law 
                school.
                    (C) An organization described in section 501(c)(3) 
                of the Internal Revenue Code of 1986 which is exempt 
                from taxation under section 501(a) of such Code, which 
                organization has expertise in providing legal 
                assistance to persons unable to afford counsel.
                    (D) A State bar association.
    (b) Authorization.--The Director is authorized to carry out a pilot 
program to facilitate the appointment of counsel under section 
1915(e)(1) of title 28, United States Code. In carrying out the pilot 
program, the Director is authorized to make grants to eligible 
entities, and make funds available to Federal public defender and 
community defender organizations and to courts of the United States.
    (c) Application.--An eligible entity seeking a grant under this 
section shall submit to the Director an application at such time, in 
such manner, and containing such information as the Director may 
reasonably require.
    (d) Priority.--
            (1) Expertise.--In considering an application submitted by 
        an eligible entity under subsection (c), the Director shall 
        give priority to an application from an eligible entity with 
        demonstrated cultural competency initiatives that has expertise 
        in representing low-income persons in civil actions, which may 
        include--
                    (A) persons earning 200 percent or below of area 
                median income, up to $100,000;
                    (B) persons qualifying for means-tested public 
                benefits;
                    (C) persons who reside in subsidized housing; and
                    (D) persons serving a term of imprisonment.
            (2) Geographic diversity.--The Director shall give priority 
        to areas of varying geographic size with the greatest showing 
        of unmet need for counsel, and shall, to the extent 
        practicable, equitably distribute funds on a geographic basis 
        including nonurban and rural areas of various geographic size.
            (3) No preference for federal entities.--The Director may 
        not prioritize distributing funds to Federal entities over 
        making grants to eligible entities.
    (e) Use of Funds.--
            (1) Grant recipients.--An eligible entity receiving a grant 
        under this section shall use such funds as follows:
                    (A) In the case of an entity described in 
                subsection (a)(2)(A), to provide financial compensation 
                to staff or contracted attorneys who provide counsel 
                pursuant to requests under section 1915(e)(1) of title 
                28, United States Code.
                    (B) In the case of an entity described in 
                subsection (a)(2)(B), to fund a clinical law program 
                that provides counsel pursuant to requests under 
                section 1915(e)(1) of title 28, United States Code.
                    (C) In the case of an entity described in 
                subparagraph (C) or (D) of subsection (a)(2), to 
                provide financial compensation to attorneys who provide 
                counsel pursuant to requests under section 1915(e)(1) 
                of title 28, United States Code.
            (2) Federal defenders and courts.--
                    (A) Federal defenders.--A Federal public defender 
                organization and community defender organization shall 
                use funds under this section to provide financial 
                compensation to staff or contracted attorneys who 
                provide counsel pursuant to requests under section 
                1915(e)(1) of title 28, United States Code.
                    (B) Courts of the united states.--A court of the 
                United States shall use funds under this section to 
                provide financial compensation to attorneys who provide 
                counsel pursuant to requests under section 1915(e)(1) 
                of title 28, United States Code.
    (f) Full Representation.--To the extent practicable, and in 
accordance with applicable ethics rules, an eligible entity receiving a 
grant under this section shall ensure the provision of full 
representation of each person with respect to whom the entity provides, 
or facilitates the provision, of counsel pursuant to a request under 
section 1915(e)(1) of title 28, United States Code.
    (g) Report.--Not later than 2 years after the date of the enactment 
of this Act, and every 2 years thereafter, the Director shall submit to 
Congress and make publicly available a report on the pilot program 
under this section, which report shall include the following:
            (1) With respect to persons for whom counsel was provided 
        pursuant to a request under section 1915(e)(1) of title 28, 
        United States Code, the types of cases, length of time spent on 
        cases by attorneys and outcomes of the matters for which such 
        counsel was provided.
            (2) Benefits related to increased access to counsel and any 
        remaining barriers to access to counsel pursuant to requests 
        under such section 1915(e)(1).
            (3) Any changes in the frequency of requests made by courts 
        under such section 1915(e)(1).
            (4) Other changes to the functioning of the Federal courts 
        related to the pilot program, including increases in efficiency 
        of adjudication of cases and changes in the number of cases 
        resolved in favor of the party for whom counsel was provided 
        pursuant to a request under such section 1915(e)(1).
            (5) Suggested changes to the pilot program to ensure 
        greater access to justice for low-income litigants.
    (h) Authorization of Appropriations.--There is authorized to be 
appropriated such sums as may be necessary for each of fiscal years 
2021 through 2030, of which the Director may reserve not more than 5 
percent for administrative costs.

                          TITLE V--ENFORCEMENT

                 Subtitle A--Office of Public Integrity

SEC. 511. ESTABLISHMENT OF OFFICE OF PUBLIC INTEGRITY.

    (a) In General.--The Ethics in Government Act of 1978 (5 U.S.C. 
App.) is amended--
            (1) in title I, by striking ``Government Ethics'' each 
        place it appears and inserting ``Public Integrity'';
            (2) in the heading for title IV, by striking ``GOVERNMENT 
        ETHICS'' and inserting ``PUBLIC INTEGRITY'';
            (3) in section 401--
                    (A) by striking ``Government Ethics'' each place it 
                appears and inserting ``Public Integrity'';
                    (B) in subsection (a)--
                            (i) by inserting ``(1)'' before ``There is 
                        established''; and
                            (ii) by adding at the end the following:
    ``(2) The purposes of the Office of Public Integrity are--
            ``(A) to consolidate and strengthen Federal ethics 
        enforcement and anti-corruption public integrity efforts;
            ``(B) to conduct anti-corruption, ethics, and public 
        integrity oversight of officers and employees of the Federal 
        Government through investigations, corrective action, and other 
        actions and penalties;
            ``(C) to promote public integrity and prevent corruption 
        within the Federal Government through education, advisory, 
        guidance, and rulemaking;
            ``(D) to facilitate accountability through affirmative 
        public disclosures, lobbying registration, and the promotion of 
        transparency across the Federal Government; and
            ``(E) to protect the public's interest in democracy and 
        Federal policymaking.''; and
                    (C) by adding after subsection (d), as added by 
                section 309 of this Act, the following:
    ``(e)(1) There is established within the Office of Public Integrity 
a division to be known as the `Government Ethics Division'.
    ``(2) The Government Ethics Division shall carry out all functions 
of the Office of Government Ethics under this Act as of the day before 
the date of enactment of this subsection, including--
            ``(A) providing advice to designated agency ethics 
        officials, including legal advisories, education advisories, 
        and program management advisories on substantive ethics issues;
            ``(B) providing training and education opportunities to 
        designated agency ethics officials on an ongoing basis; and
            ``(C) providing confidential advice, which, subject to 
        paragraph (3), shall not lead to enforcement action, for any 
        agency employee seeking confidential ethics advice.
    ``(3)(A) The Government Ethics Division may refer a matter for 
enforcement based on information obtained in providing advice to an 
employee under paragraph (2)(C) if the employee--
            ``(i) knowingly makes a material misrepresentation, 
        including making a significant omission in providing 
        information, to the Government Ethics Division;
            ``(ii) has already taken the action in violation of the 
        laws or regulations relating to conflicts of interest or other 
        ethics issues;
            ``(iii) reveals significant criminal activity, particularly 
        criminal activity outside the jurisdiction of the Office of 
        Public Integrity;
            ``(iv) engaged in a prohibited personnel practice described 
        in paragraph (8) or subparagraph (A)(i), (B), (C), or (D) of 
        paragraph (9) of section 2302(b) of title 5, United States 
        Code; or
            ``(v) engaged in other actions, as established by the 
        Director by regulation.
    ``(B) An employee who seeks advice under paragraph (2)(C) may be 
subject to administrative remedies, such as reprimand, divestiture, 
forced recusal, or other corrective actions to remedy the violation.
    ``(C) Notwithstanding any other provision in this paragraph, the 
Director may promulgate regulations (including regulations under 
subparagraph (A)(v)) to ensure that--
            ``(i) an employee who engages in conduct in good faith 
        reliance upon an advisory opinion issued to the employee by the 
        Government Ethics Division or a designated agency ethics 
        official generally shall not be subject to civil, criminal, or 
        disciplinary action by the Office of Public Integrity;
            ``(ii) an advisory opinion issued to an employee by the 
        Government Ethics Division or a designated agency ethics 
        official shall not prevent the employee from being subject to 
        other civil or disciplinary action if the conduct of the 
        employee violates another law, rule, regulation, or lawful 
        management policy or directive; and
            ``(iii) if an employee has actual knowledge or reason to 
        believe that an advisory opinion issued to the employee by the 
        Government Ethics Division or a designated agency ethics 
        official is based on fraudulent, misleading, or otherwise 
        incorrect information, the reliance of the employee on the 
        opinion not be deemed to be in good faith.'';
            (4) in section 403, by striking ``Government Ethics'' each 
        place it appears and inserting ``Public Integrity''; and
            (5) in section 503(2), by striking ``Government Ethics'' 
        and inserting ``Public Integrity''.
    (b) Officers.--
            (1) Director.--Section 401(b) of the Ethics in Government 
        Act of 1978 (5 U.S.C. App.) is amended--
                    (A) by inserting ``(1)'' before ``There shall be'';
                    (B) by inserting ``without regard to political 
                affiliation and solely on the basis of integrity and 
                demonstrated ability to fulfill the responsibilities of 
                the role of Director'' after ``who shall be 
                appointed'';
                    (C) by striking ``Effective with respect'' and 
                inserting the following:
    ``(3) Effective with respect'';
                    (D) by inserting after paragraph (1), as so 
                designated, the following:
    ``(2) Each individual appointed by the President to the position of 
Director--
            ``(A) shall not have any conflict of interest with respect 
        to any aspect of performing the duties and responsibilities of 
        the Director;
            ``(B) shall have a demonstrated record in public integrity 
        and ethics enforcement;
            ``(C) shall not have ever been registered, or required to 
        be registered, as a lobbyist under the Lobbying Disclosure Act 
        of 1995 (2 U.S.C. 1601 et seq.);
            ``(D) during the 4-year period ending on the date on which 
        the President nominates the individual to the position of 
        Director, shall not have engaged in any significant political 
        activity (including being a candidate for public office, 
        fundraising for a candidate for public office or a political 
        party, or serving as an officer or employee of a political 
        campaign or party);
            ``(E) shall not have ever been an agent of a foreign 
        principal registered under the Foreign Agents Registration Act 
        of 1938 (22 U.S.C. 611 et seq.); and
            ``(F) during the 4-year period ending on the date on which 
        the President nominates the individual to the position of 
        Director, shall not served as a fiduciary or personal attorney 
        for an officer or employee of the Federal Government, including 
        anyone elected to public office.''; and
                    (E) by adding at the end the following:
    ``(4) The Director may only be removed from office by the President 
for inefficiency, neglect of duty, or malfeasance in office.
    ``(5) Not later than 30 days before the date on which the President 
removes the Director from office or transfers the Director to another 
position or location for inefficiency, neglect of duty, or malfeasance 
in office, the President shall submit to the Senate and the House of 
Representatives written notice of the reasons for the removal or 
transfer.
    ``(6) During the period of any absence or unavailability of the 
Director, including a vacancy in the office of the Director, all powers 
and duties of the Director shall be vested in the Deputy Director.
    ``(7) The Director may continue to serve beyond the expiration of 
the term of the Director until a successor is appointed, by and with 
the advice and consent of the Senate.''.
            (2) Assistant directors.--Section 401(c)(1) of the Ethics 
        in Government Act of 1978 (5 U.S.C. App.) is amended by 
        inserting ``and Assistant Directors (which may include an 
        Assistant Director for Investigations, an Assistant Director 
        for Government Transparency, and an Assistant Director for the 
        Government Ethics Division)'' after ``including attorneys''.
            (3) Deputy director.--Section 401 of the Ethics in 
        Government Act of 1978 (5 U.S.C. App.) is amended by adding 
        after subsection (e), as added by subsection (a) of this 
        section, the following:
    ``(f)(1) There shall be in the Office of Public Integrity a Deputy 
Director, who shall--
            ``(A) be appointed by the President in accordance with 
        paragraph (2), by and with the advice and consent of the 
        Senate; and
            ``(B) serve as acting Director in the event of the absence 
        or unavailability of the Director, including a vacancy in the 
        office of the Director.
    ``(2) Each individual appointed by the President to the position of 
Deputy Director--
            ``(A) shall not have any conflict of interest with respect 
        to any aspect of performing the duties and responsibilities of 
        the Deputy Director;
            ``(B) shall have a demonstrated record in public integrity 
        and ethics enforcement;
            ``(C) shall not have ever been registered, or required to 
        be registered, as a lobbyist under the Lobbying Disclosure Act 
        of 1995 (2 U.S.C. 1601 et seq.);
            ``(D) during the 4-year period ending on the date on which 
        the President nominates the individual to the position of 
        Deputy Director, shall not have engaged in any significant 
        political activity (including being a candidate for public 
        office, fundraising for a candidate for public office or a 
        political party, or serving as an officer or employee of a 
        political campaign or party);
            ``(E) shall not have ever been an agent of a foreign 
        principal registered under the Foreign Agents Registration Act 
        of 1938 (22 U.S.C. 611 et seq.); and
            ``(F) during the 4-year period ending on the date on which 
        the President nominates the individual to the position of 
        Deputy Director, shall not served as a fiduciary or personal 
        attorney for an officer or employee of the Federal Government, 
        including anyone elected to public office.''.
    (c) Authority and Functions.--Section 402 of the Ethics in 
Government Act of 1978 (5 U.S.C. App) is amended--
            (1) in subsection (a)--
                    (A) by striking ``shall provide'' and inserting the 
                following: ``shall--
    ``(1) provide'';
                    (B) by striking the period at the end and inserting 
                ``; and''; and
                    (C) by adding at the end the following:
    ``(2) investigate potential violations by officers and employees in 
all branches of the Federal Government or by any other person of the 
laws or regulations relating to conflicts of interest or other ethics 
issues, to the extent allowable by law and the Constitution.'';
            (2) in subsection (b)--
                    (A) in paragraph (1)--
                            (i) by striking ``the President or'';
                            (ii) by striking ``ethics'' and inserting 
                        ``other ethics issues''; and
                            (iii) by striking ``title II of this Act'' 
                        and inserting ``title I'';
                    (B) in paragraph (2)--
                            (i) by striking ``the President or''; and
                            (ii) by inserting ``and other ethics 
                        issues'' before the semicolon;
                    (C) in paragraph (3), by striking ``title II of 
                this Act'' and inserting ``title I'';
                    (D) in paragraph (4)--
                            (i) by striking ``conflict of interest laws 
                        or regulations'' and inserting ``laws or 
                        regulations relating to conflicts of interest 
                        or other ethics issues''; and
                            (ii) by striking ``ethical problems'' and 
                        inserting ``other ethics issue'';
                    (E) in paragraph (6)--
                            (i) by striking ``the President or''; and
                            (ii) by striking ``ethical problems'' and 
                        inserting ``other ethics issues'';
                    (F) in paragraph (7), by striking ``conflict of 
                interest problems'' and inserting ``conflicts of 
                interest or other ethics issues'';
                    (G) by striking paragraph (9) and inserting the 
                following:
            ``(9)(A) investigating potential violations by officers and 
        employees in the Federal Government (including officers and 
        employees in positions in the Executive Office of the President 
        (including the White House Office)) of the laws or regulations 
        relating to conflicts of interest or other ethics issues;
            ``(B) ordering (or with respect to the President, 
        recommending) corrective action on the part of agencies, 
        officers, and employees, as determined appropriate by the 
        Director;
            ``(C) as the Director determines appropriate, referring an 
        alleged violation of the laws or regulations relating to 
        conflicts of interest or other ethics issues to the Attorney 
        General or the head of the appropriate agency for civil or 
        criminal enforcement; and
            ``(D) order appropriate disciplinary action with respect to 
        an officer or employee in the executive branch, in accordance 
        with subsection (f)(2);'';
                    (H) by striking paragraph (11) and inserting the 
                following:
            ``(11)(A) evaluating the effectiveness of the laws and 
        regulations relating to conflicts of interest and other ethics 
        issues and recommending to Congress appropriate amendments to 
        prevent corruption and to improve Government ethics, 
        accountability, public integrity, and transparency; and
            ``(B) preparing an annual report to Congress, which shall 
        include--
                    ``(i) any recommended amendments described in 
                subparagraph (A);
                    ``(ii) a description of any significant actions 
                taken by the Director in carrying out the duties of the 
                Director, including specific steps taken to ensure that 
                Federal officers and employees are complying with the 
                laws and regulations relating to conflicts of interest 
                or other ethics issues;
                    ``(iii) information concerning significant 
                violations of the laws or regulations relating to 
                conflicts of interest or other ethics issues; and
                    ``(iv) corrective action concerning violations 
                described in clause (iii) and progress made in 
                implementing such corrective action;'';
                    (I) in paragraph (12), by striking ``conflict of 
                interest and ethical problems'' and inserting 
                ``conflicts of interest and other ethics issues'';
                    (J) by striking paragraph (13) and inserting the 
                following:
            ``(13) referring any potential violation of the laws and 
        regulations relating to conflicts of interest and other ethics 
        issues determined appropriate by the Director for criminal 
        enforcement to the Attorney General, accompanied by any 
        evidence in the possession of the Director and recommendations, 
        if any, of the Director regarding the appropriate charges or 
        penalties;'';
                    (K) in paragraph (14), by striking ``and'' at the 
                end;
                    (L) in paragraph (15), by striking ``title II of 
                this Act.'' and inserting ``title I;''; and
                    (M) by adding at the end the following:
            ``(16)(A) assuming responsibilities for disclosures of 
        executive branch financial holdings, lobbying, and influencing 
        activities;
            ``(B) conducting periodic and routine audits of disclosures 
        described in subparagraph (A) to ensure the accuracy of the 
        documents; and
            ``(C) conducting targeted audits of disclosures described 
        in subparagraph (A) when the Director has reason to believe 
        such disclosures contain inaccuracies or misinformation;
            ``(17) receiving, and within a reasonable timeframe 
        responding to, complaints from members of the public of alleged 
        violations of the laws or regulations relating to conflicts of 
        interest or other ethics issues;
            ``(18) reporting publicly anonymized information regarding 
        the resolution of complaints received under paragraph (17);
            ``(19) making available online on a central website that 
        allows records to be available in a searchable, sortable, and 
        downloadable format all ethics records that are required to be 
        made publicly available under any provision of law, or that the 
        Director determines may and should be made publicly available, 
        including ethics records described subsection (j)(1);
            ``(20) after providing notice and an opportunity for a 
        hearing, imposing appropriate civil monetary penalties against 
        individuals and entities who violate the laws or regulations 
        relating to conflicts of interest or other ethics issues;
            ``(21) making appropriate enforcement referrals to the 
        Securities and Exchange Commission, the Office of the Special 
        Counsel, and other relevant Federal or State law enforcement 
        agencies in instances of violations of Federal or State law, 
        where appropriate;
            ``(22) except as otherwise required by law or reserved to 
        the President, making and overseeing any waiver of the laws or 
        regulations relating to conflicts of interest or other ethics 
        issues;
            ``(23) testifying before each House of Congress at least 
        annually;
            ``(24) approving any significant determination by a 
        designated agency ethics official, including any ethics 
        agreement, financial disclosure, recusal agreement, or 
        divestment determination, for any individual serving in a 
        position--
                    ``(A) on any level of the Executive Schedule under 
                subchapter II of chapter 53 of title 5, United States 
                Code;
                    ``(B) in the executive branch pursuant to an 
                appointment by the President, by and with the advice 
                and consent of the Senate; or
                    ``(C) in the Executive Office of the President;
            ``(25) overseeing the day to day activities of each 
        Inspector General in the executive branch, except to the extent 
        provided otherwise by law; and
            ``(26) administering the provisions of this title as they 
        pertain to the heads of agencies.'';
            (3) in subsection (e)--
                    (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) each executive agency shall furnish to the Director 
        all information and records in the possession of the executive 
        agency that the Director determines to be necessary for the 
        performance of the duties of the Director.'';
            (4) in subsection (f)--
                    (A) in paragraph (1)(A)--
                            (i) in clause (i), by inserting ``(or, with 
                        respect to the President, recommend)'' after 
                        ``order'' the first place it appears; and
                            (ii) in clause (ii), by inserting ``(or, 
                        with respect to the President, recommend)'' 
                        after ``order'';
                    (B) in paragraph (2)--
                            (i) in subparagraph (A)--
                                    (I) in clause (ii)(II), by 
                                inserting ``and Congress'' after the 
                                ``the President''; and
                                    (II) in clause (iv)--
                                            (aa) in subclause (I), by 
                                        striking ``may recommend'' and 
                                        all that follows through 
                                        ``brought against the officer 
                                        or employee'' and inserting 
                                        ``may recommend that the agency 
                                        head take a specific 
                                        disciplinary action (including 
                                        reprimand, suspension, 
                                        demotion, or dismissal) or that 
                                        the agency head take such 
                                        disciplinary action as the 
                                        agency head determines 
                                        appropriate with respect to the 
                                        officer or employee''; and
                                            (bb) by striking subclause 
                                        (II) and inserting the 
                                        following:
                                    ``(II) if the Director recommends a 
                                specific disciplinary action under 
                                subclause (I) and the head of the 
                                agency (not including the President) 
                                has not taken appropriate disciplinary 
                                action within 90 days after the 
                                Director recommends such action, may, 
                                after notifying the President and 
                                Congress in writing, order appropriate 
                                disciplinary action with respect to the 
                                officer or employee, in accordance with 
                                subparagraph (B), including reprimand, 
                                suspension, demotion, or dismissal of 
                                the officer or employee.'';
                            (ii) in subparagraph (B)--
                                    (I) by striking clause (iii) and 
                                inserting the following:
    ``(iii) Subject to clause (iv) of this subparagraph, before the 
Director orders any action under subparagraph (A)(iii) or orders any 
disciplinary action under subparagraph (A)(iv), the Director shall 
afford the officer or employee involved an opportunity for a hearing, 
if requested by such officer or employee, which shall be conducted on 
the record.'';
                                    (II) by redesignating clause (iv) 
                                as clause (vi);
                                    (III) by inserting after clause 
                                (iii) the following:
    ``(iv) The Director shall make publicly available any 
recommendation of a specific disciplinary action made by the Director 
under subparagraph (A)(iv)(I).
    ``(v) The authority of the Director under subparagraph (A)(iv)(II) 
to order disciplinary action may not be delegated.''; and
                                    (IV) in clause (vi), as so 
                                redesignated--
                                            (aa) by striking ``title 
                                        2'' and inserting ``title I''; 
                                        and
                                            (bb) by striking ``section 
                                        206'' and inserting ``section 
                                        104''; and
                            (iii) by adding at the end the following:
    ``(C)(i)(I) A political appointee (as defined in section 714(h) of 
title 38, United States Code) with respect to whom the Director orders 
a disciplinary action under subparagraph (A)(iv) may appeal the order 
to the President.
    ``(II) A determination by the President in an appeal under 
subclause (I) shall be--
            ``(aa) made in writing;
            ``(bb) submitted to Congress; and
            ``(cc) made publicly available by the President.
    ``(III) A determination by the President in an appeal under 
subclause (I) shall not be subject to judicial review.
    ``(ii) An officer or employee who is not a political appointee with 
respect to whom the Director orders a disciplinary action under 
subparagraph (A)(iv) may--
            ``(I) appeal a final order or decision of the Director to 
        the Merit Systems Protection Board under section 7701 of title 
        5, United States Code; and
            ``(II) seek judicial review of a final order or decision of 
        the Merit Systems Protection Board in the Court of Appeals for 
        the Federal Circuit in accordance with section 7703 of title 5, 
        United States Code.'';
                    (C) in paragraph (3), in the matter preceding 
                subparagraph (A), by striking ``paragraph (2)(A)(iii)'' 
                and inserting ``clause (iii) or (iv) of paragraph 
                (2)(A)'';
                    (D) by striking paragraph (5); and
                    (E) by redesignating paragraph (6) as paragraph 
                (5); and
            (5) by adding at the end the following:
    ``(g) As part of an investigation of potential violations of the 
laws or regulations relating to conflicts of interest or other ethics 
issues, the Director may require by subpoena the attendance of and 
testimony by witnesses and the production any book, check, canceled 
check, correspondence, communication, document, email, papers, physical 
evidence, record, recording, tape, or other material (including 
electronic records) relating to any matter or question the Director is 
authorized to investigate from any individual or entity.
    ``(h)(1) If the Attorney General declines to prosecute a criminal 
matter referred by the Director, the Attorney General shall submit to 
the Director and make publicly available written notice regarding the 
declination.
    ``(2) The Attorney General may redact information from the publicly 
available written notice under paragraph (1) if the Attorney General 
determines that disclosure of the information would constitute a 
clearly unwarranted invasion of personal privacy.
    ``(i)(1) In addition to the authority otherwise provided by this 
Act, the Director, any Assistant Director for Investigations under the 
Director who is appointed by the Director, and any special agent 
supervised by the Director or Assistant Director may be authorized by 
the Attorney General to seek warrants for search of a premises or 
seizure of evidence issued under the authority of the United States 
upon probable cause to believe that a violation has been committed.
    ``(2) The Attorney General shall promulgate, and revise as 
appropriate, guidelines which shall govern the exercise of the law 
enforcement powers established under paragraph (1).
    ``(3)(A) The power authorized for the Office of Public Integrity 
under paragraph (1) may be rescinded or suspended upon--
            ``(i) a determination by the Attorney General that the 
        exercise of authorized power by the Office of Public Integrity 
        has not complied with the guidelines promulgated by the 
        Attorney General under paragraph (2); or
            ``(ii) a determination by the Attorney General that 
        available assistance from other law enforcement agencies is 
        sufficient to meet the need for such powers.
    ``(B) The powers authorized to be exercised by any individual under 
paragraph (1) may be rescinded or suspended with respect to that 
individual upon a determination by the Attorney General that such 
individual has not complied with guidelines promulgated by the Attorney 
General under paragraph (2).
    ``(4) No provision of this subsection shall limit the exercise of 
law enforcement powers established under any other statutory authority, 
including United States Marshals Service special deputation.
    ``(j)(1) In carrying out subsection (b)(19), except for classified 
records and any specific record described in this paragraph the 
Director determines should not be made publicly available, the website 
described in subsection (b)(19) shall include--
            ``(A) public financial disclosure reports of nominees and 
        appointees to positions on any level of the Executive Schedule 
        under subchapter II of chapter 53 of title 5, United States 
        Code;
            ``(B) other public financial disclosure reports reviewed by 
        the Office of Public Integrity;
            ``(C) ethics agreements of individuals nominated or 
        appointed to a position by the President;
            ``(D) certifications of compliance with ethics agreements 
        by individuals appointed to a position by the President;
            ``(E) ethics agreements of individuals appointed pursuant 
        to subparagraph (A), (B), or (C) of section 105(a)(2) or 
        subparagraph (A), (B), or (C) of section 106(a)(1) of title 3, 
        United States Code;
            ``(F) certifications of compliance with ethics agreements 
        by individuals appointed pursuant to subparagraph (A), (B), or 
        (C) of section 105(a)(2) or subparagraph (A), (B), or (C) of 
        section 106(a)(1) of title 3, United States Code;
            ``(G) all ethics waivers, including waivers for senior 
        government officials as defined in section 101 of the Anti-
        Corruption and Public Integrity Act, issued pursuant to--
                    ``(i) section 207 or 208 of title 18, United States 
                Code;
                    ``(ii) section 2635.502(d) of title 5, Code of 
                Federal Regulations, or any successor thereto;
                    ``(iii) section 2635.503(c) of title 5, Code of 
                Federal Regulations, or any successor thereto;
                    ``(iv) any Executive order; and
                    ``(v) any other authority to waive other ethics 
                requirements or extend any ethics-related deadlines;
            ``(H) certificates of divestiture;
            ``(I) records of approval by agencies of the acceptance of 
        gifts by individuals appointed to a position by the President 
        from outside sources for which employees must obtain agency 
        approval;
            ``(J) records relating to the initial ethics briefings of 
        individuals appointed to a position by the President required 
        by section 2638.305 of title 5, Code of Federal Regulations, or 
        any successor thereto;
            ``(K) records of ethics training completed by individuals 
        appointed to a position by the President;
            ``(L) reports of the review by the Office of Public 
        Integrity of agency ethics programs;
            ``(M) report filed by executive agencies with the General 
        Services Administration regarding the use of Government 
        aircraft by senior officials, which shall be posted at least 
        every 90 days and shall contain a complete explanation of the 
        decision to use a Government aircraft, the cost of the use of a 
        Government aircraft, and the selection of the type of aircraft 
        used;
            ``(N) any reports submitted to Congress by the Office of 
        Public Integrity; and
            ``(O) any other ethics records that the Director makes 
        available to the public.
    ``(2) The Director shall ensure that--
            ``(A) all ethics agreements approved by the Director 
        specify conflicts of interest for each individual, including 
        all matters from which the individual shall be recused; and
            ``(B) the information relating to ethics agreements made 
        available under subsection (b)(19) is updated to reflect any 
        additional matters from which the individual shall be 
        recused.''.
    (d) Reports to Congress.--Section 408 of the Ethics in Government 
Act of 1978 (5 U.S.C. App.) is amended--
            (1) by inserting ``(a)'' before ``The Director shall,''; 
        and
            (2) by adding at the end the following:
    ``(b) Notwithstanding any other provision of law or any rule, 
regulation, or policy directive, upon request by a committee or 
subcommittee of Congress, the Director, or any employee of the Office 
of Public Integrity designated by the Director, may transmit to the 
committee or subcommittee, by report, testimony, or otherwise, 
information and views on functions, responsibilities, or other matters 
relating to the Office of Public Integrity, without review, clearance, 
or approval by any other administrative authority.
    ``(c)(1) For each fiscal year, the Director may transmit a budget 
estimate and request to Congress.
    ``(2) The President shall include in each budget submitted under 
section 1105 of title 31, United States Code--
            ``(A) a separate statement of the budget estimate and 
        request prepared with the Director;
            ``(B) the amount requested by the President for the Office 
        of Public Integrity; and
            ``(C) any comments of the Director with respect to the 
        proposal by the President if the Director concludes that the 
        budget submitted by the President would substantially inhibit 
        the Director from performing the duties of the office.''.
    (e) Definitions.--Title IV of the Ethics in Government Act of 1978 
(5 U.S.C. App.) is amended by adding at the end the following:
    ``Sec. 409. Definitions.--For purposes of this title--
            ``(1) the term `agency' includes the Executive Office of 
        the President;
            ``(2) the term `head of an agency' includes the President 
        or a designee of the President, for purposes of applying this 
        title to the White House and the Executive Office of the 
        President; and
            ``(3) the term `laws or regulations relating to conflicts 
        of interest or other ethics issues' includes this Act, sections 
        203 through 209 of title 18, United States Code, the Stop 
        Trading on Congressional Knowledge Act of 2012 (Public Law 112-
        105; 5 U.S.C. App., note to section 101 of Public Law 95-521), 
        any Executive order substantially concerning Government ethics, 
        any written ethics agreement or pledge signed by a Presidential 
        appointee, and any other relevant ethics statutes or 
        regulations.''.
    (f) Provision of Financial Disclosures to the Office of Public 
Integrity.--Section 103(j) of the Ethics in Government Act of 1978 (5 
U.S.C. App.) is amended--
            (1) in paragraph (1), by inserting ``and the Director of 
        the Office of Public Integrity'' after ``Official Conduct of 
        the House of Representatives''; and
            (2) in paragraph (2), by inserting ``and the Director of 
        the Office of Public Integrity'' after ``Ethics of the 
        Senate''.
    (g) Technical and Conforming Amendments.--
            (1) Section 5314 of title 5, United States Code, is amended 
        by striking the item relating to the Director of the Office of 
        Government Ethics and inserting the following:
            ``Director of the Office of Public Integrity.''.
            (2) Section 7302(a) of title 5, United States Code, is 
        amended by striking ``Government Ethics'' and inserting 
        ``Public Integrity''.
            (3) Section 7353(d)(1)(D) of title 5, United States Code, 
        is amended by striking ``Government Ethics'' and inserting 
        ``Public Integrity''.
            (4) Section 11(b)(1)(E) of the Inspector General Act of 
        1978 (5 U.S.C. App.) is amended by striking ``Government 
        Ethics'' and inserting ``Public Integrity''.
            (5) Section 12(f) of the Federal Deposit Insurance Act (12 
        U.S.C. 1822(f)) is amended by striking ``Government Ethics'' 
        each place it appears and inserting ``Public Integrity''.
            (6) Section 152(g) of the Financial Stability Act of 2010 
        (12 U.S.C. 5342(g)) is amended by striking ``Government 
        Ethics'' and inserting ``Public Integrity''.
            (7) Section 9(o)(12) of the Small Business Act (15 U.S.C. 
        638(o)(12)) is amended by striking ``Government Ethics'' and 
        inserting ``Public Integrity''.
            (8) Section 207 of title 18, United States Code, is amended 
        by striking ``Government Ethics'' each place it appears and 
        inserting ``Public Integrity''.
            (9) Section 208 of title 18, United States Code, is amended 
        by striking ``Government Ethics'' each place it appears and 
        inserting ``Public Integrity''.
            (10) Section 1043(b) of the Internal Revenue Code of 1986 
        is amended by striking ``Government Ethics'' each place it 
        appears and inserting ``Public Integrity''.
            (11) Section 594(j)(5) of title 28, United States Code, is 
        amended by striking ``Government Ethics'' and inserting 
        ``Public Integrity''.
            (12) Section 1353 of title 31, United States Code, is 
        amended by striking ``Government Ethics'' each place it appears 
        and inserting ``Public Integrity''.
            (13) Section 2303(c) of title 41, United States Code, is 
        amended by striking ``Government Ethics'' and inserting 
        ``Public Integrity''.
            (14) Section 3(d)(3) of the Department of the Interior 
        Volunteer Recruitment Act of 2005 (43 U.S.C. 1475b(d)(3)) is 
        amended by striking ``Government Ethics'' and inserting 
        ``Public Integrity''.
            (15) Section 40122(d) of title 49, United States Code, is 
        amended by striking ``Government Ethics'' and inserting 
        ``Public Integrity''.
            (16) Section 102A of the National Security Act of 1947 (50 
        U.S.C. 3024) is amended by striking ``Government Ethics'' each 
        place it appears and inserting ``Public Integrity''.
            (17) Section 12(g) of the Central Intelligence Agency Act 
        of 1949 (50 U.S.C. 3512(g)) is amended in the matter preceding 
        paragraph (1) by striking ``Government Ethics'' and inserting 
        ``Public Integrity''.

SEC. 512. DESIGNATED AGENCY ETHICS OFFICIALS.

    (a) In General.--Section 109(3) of the Ethics in Government Act of 
1978 (5 U.S.C. App.) is amended to read as follows:
            ``(3) `designated agency ethics official' means an officer 
        or employee of an agency--
                    ``(A) who is appointed and supervised by the head 
                of the agency, after consultation with the Director of 
                the Office of Public Integrity and the Inspector 
                General of the agency;
                    ``(B) who may only be removed by the head of the 
                agency, after consultation with the Director of the 
                Office of Public Integrity and the Inspector General of 
                the agency;
                    ``(C) has a permanent duty station in the same 
                physical building as the head of the agency employing 
                the officer or employee, unless the head of the agency 
                is the President;
                    ``(D) is designated to administer the provisions of 
                this title within the agency, except as they pertain to 
                the head of the agency;
                    ``(E) may not have other significant duties or 
                responsibilities that might distract from the duty of 
                the officer or employee to administer the provisions of 
                this title within the agency; and
                    ``(F) who shall not, at any time or in any manner, 
                be prevented, inhibited, or prohibited by the head of 
                the agency from administering the provisions of this 
                title within the agency.''.
    (b) Review by Director.--Section 111 of the Ethics in Government 
Act of 1978 (5 U.S.C. App.) is amended--
            (1) by inserting ``(a)'' before ``The provisions'';
            (2) by inserting ``(subject to subsection (b))'' after 
        ``designated agency ethics official''; and
            (3) by adding at the end the following:
    ``(b)(1) A designated agency ethics official shall submit to the 
Director of the Office of Public Integrity--
            ``(A) each significant determination (including any ethics 
        agreement, financial disclosure, recusal agreement, or 
        divestment determination) by the designated agency ethics 
        official relating to the application or implementation of the 
        laws or regulations relating to conflicts of interest or other 
        ethics issues (including this title) for any individual serving 
        in a position--
                    ``(i) on any level of the Executive Schedule under 
                subchapter II of chapter 53 of title 5, United States 
                Code;
                    ``(ii) in the executive branch pursuant to an 
                appointment by the President, by and with the advice 
                and consent of the Senate; or
                    ``(iii) in the Executive Office of the President;
            ``(B) any determination by the designated agency ethics 
        official relating to the application or implementation of the 
        laws or regulations relating to conflicts of interest or other 
        ethics issues (including this title) that the Director requests 
        from the designated agency ethics official.
    ``(2) The Director of the Office of Public Integrity--
            ``(A) may review any determination received under paragraph 
        (1);
            ``(B) shall notify and advise the designated agency ethics 
        official if the Director determines that the determination 
        received under paragraph (1) does not comport with the laws or 
        regulations relating to conflicts of interest or other ethics 
        issues;
            ``(C) not later than 30 days after the notification and 
        advice under subparagraph (B), may reverse or modify the 
        determination if the Director determines that the determination 
        does not comport with the laws or regulations relating to 
        conflicts of interest or other ethics issues; and
            ``(D) shall periodically audit a sample of determinations 
        received under paragraph (1).''.
    (c) Authority To Recommend Discipline.--Section 111 of the Ethics 
in Government Act of 1978 (5 U.S.C. App.), as amended by subsection 
(b), is amended by adding at the end the following:
    ``(c)(1) If a designated agency ethics official has credible 
evidence or reason to believe that an officer or employee of the agency 
is violating, or has violated, any rule, regulation, or Executive order 
relating to conflicts of interest or standards of conduct, the 
designated agency ethics official may--
            ``(A) refer potential violations to the Inspector General 
        or the Director of the Office of Public Integrity; and
            ``(B) recommend that the head of the agency take a specific 
        disciplinary action (including dismissal).
    ``(2) A designated agency ethics official shall make publicly 
available any recommendation of a specific disciplinary action made by 
the designated agency ethics official under paragraph (1).''.
    (d) Current DAEOs.--An individual serving as a designated agency 
ethics official on the day before the date of enactment of this Act may 
continue to serve as the designated agency ethics official for the 
agency employing the individual if--
            (1) determined appropriate by the head of the agency 
        employing the designated agency ethics official; and
            (2) after the date of enactment of this Act, the 
        individual--
                    (A) reports directly to the head of the agency 
                employing the designated agency ethics official; and
                    (B) may only be removed by the head of the agency, 
                after consultation with the Director of the Office of 
                Public Integrity and the Inspector General of the 
                agency.

                     Subtitle B--Inspectors General

SEC. 531. GENERAL SUPERVISION AND REMOVAL OF INSPECTORS GENERAL.

    (a) In General.--The Inspector General Act of 1978 (5 U.S.C. App.) 
is amended--
            (1) in section 3--
                    (A) in subsection (a), by striking the second 
                sentence and inserting the following: ``Each Inspector 
                General shall report to and be under the general 
                supervision of the Director of the Office of Public 
                Integrity, and shall not report to, or be subject to 
                supervision by, any other officer of the establishment 
                involved.''; and
                    (B) in subsection (b)--
                            (i) in the first sentence--
                                    (I) by inserting ``(1)'' before 
                                ``An Inspector General''; and
                                    (II) by inserting ``for 
                                inefficiency, neglect of duty, or 
                                malfeasance in office'' before the 
                                period at the end;
                            (ii) by striking the second sentence and 
                        inserting the following: ``The Director of the 
                        Office of Public Integrity may make a formal 
                        recommendation to the President for the removal 
                        of an Inspector General under this subsection. 
                        If an Inspector General is removed from office, 
                        is transferred to another position or location 
                        within an establishment, or is placed on paid 
                        or unpaid leave, the President shall 
                        communicate in writing the reasons for any such 
                        removal, leave placement, or transfer to both 
                        Houses of Congress and to the Director of the 
                        Office of Public Integrity not later than 30 
                        days before the removal, leave placement, or 
                        transfer.''; and
                            (iii) by adding at the end the following:
    ``(2)(A) In the event of a vacancy in the position of Inspector 
General of an establishment of more than 210 days, the Director of the 
Office of Public Integrity may direct an officer or employee of the 
establishment to perform the functions and duties of the position of 
Inspector General temporarily in an acting capacity for a period of not 
more than 365 days.
    ``(B) If an Inspector General of an establishment is not appointed 
during the 365-day period described in subparagraph (A), the Director 
of the Office of Public Integrity may direct the same or another 
officer or employee of the establishment to perform the functions and 
duties of the position of Inspector General temporarily in an acting 
capacity for a period of not more than 365 days.
    ``(C) If an Inspector General of an establishment is not appointed 
during the 365-day period described in subparagraph (B), the Director 
of the Office of Public Integrity may direct the same or another 
officer or employee of the establishment to perform the functions and 
duties of the position of Inspector General temporarily in an acting 
capacity for a period of not more than 365 days.'';
            (2) in section 8A(a), by inserting ``and the Director of 
        the Office of Public Integrity'' before the period at the end;
            (3) in section 8B, by amending subsection (a) to read as 
        follows:
    ``(a) The Director of the Office of Public Integrity--
            ``(1) may delegate the authority specified in the second 
        sentence of section 3(a) to the Chairman or another member of 
        the Nuclear Regulatory Commission; and
            ``(2) may not delegate the authority specified in the 
        second sentence of section 3(a) to any other officer or 
        employee of the Nuclear Regulatory Commission.'';
            (4) in section 8C, by amending subsection (a) to read as 
        follows:
    ``(a) Delegation.--The Director of the Office of Public Integrity--
            ``(1) may delegate the authority specified in the second 
        sentence of section 3(a) to the Chairperson or Vice Chairperson 
        of the Federal Deposit Insurance Corporation; and
            ``(2) may not delegate the authority specified in the 
        second sentence of section 3(a) to any other officer or 
        employee of the Federal Deposit Insurance Corporation.'';
            (5) in section 8G--
                    (A) in subsection (a)--
                            (i) in paragraph (5), by striking ``and'' 
                        at the end;
                            (ii) in paragraph (6), by striking the 
                        period at the end and inserting ``; and''; and
                            (iii) by adding at the end the following:
            ``(7) the term `Director' means the Director of the Office 
        of Public Integrity.'';
                    (B) in subsection (c), in the first sentence, by 
                inserting ``, after consulting with the Director,'' 
                after ``head of the designated Federal entity'';
                    (C) in subsection (d)(1), by striking the first 
                sentence and inserting the following: ``Each Inspector 
                General shall report to and be under the general 
                supervision of the Director, and shall not report to, 
                or be subject to supervision by, any other officer or 
                employee of the designated Federal entity.''; and
                    (D) in subsection (e)--
                            (i) in paragraph (1), by inserting ``and 
                        after consulting with the Director'' before the 
                        period at the end; and
                            (ii) in paragraph (2), by inserting ``An 
                        Inspector General may be removed from office by 
                        the head of the designated Federal entity for 
                        inefficiency, neglect of duty, or malfeasance 
                        in office after the head of the designated 
                        entity consults with the Director, or by the 
                        President for inefficiency, neglect of duty, or 
                        malfeasance in office.'' before ``If an 
                        Inspector''; and
            (6) in section 8M(b)(1)--
                    (A) in subparagraph (A), by striking ``and'' at the 
                end;
                    (B) in subparagraph (B)(iii)(II), by striking the 
                period at the end and inserting a semicolon; and
                    (C) by adding at the end the following:
                    ``(C) ensure that, if any portion of a report 
                described in subparagraph (A) contains information that 
                is classified, sensitive, or otherwise prohibited from 
                disclosure by law, a redacted version of the report be 
                posted on the website of the Office of Inspector 
                General that does not contain the classified, 
                sensitive, or prohibited information;
                    ``(D) ensure that, if an entire report described in 
                subparagraph (A) is classified, sensitive, or otherwise 
                prohibited from disclosure by law, the Inspector 
                General posts the title of the report, the date of 
                publication of the report, a general description of the 
                subject matter of the report, and a justification for 
                the report not to be posted on the website of the 
                Office of Inspector General; and
                    ``(E) include on the website of the Office of 
                Inspector General a listing of each report described in 
                subparagraph (D) that is not posted on the website.''.
    (b) Inspector General of the Central Intelligence Agency.--Section 
17(b) of the Central Intelligence Agency Act of 1949 (50 U.S.C. 
3517(b)) is amended--
            (1) in paragraph (2), by inserting ``of the Office of 
        Public Integrity, who may delegate that authority to the 
        Director of the Agency'' before the period at the end; and
            (2) in paragraph (6)--
                    (A) in the first sentence, by inserting ``for 
                inefficiency, neglect of duty, or malfeasance in 
                office'' before the period at the end; and
                    (B) by inserting after the first sentence the 
                following: ``The Director of the Office of Public 
                Integrity may make a formal recommendation to the 
                President for the removal of the Inspector General 
                under this paragraph.''.
    (c) Inspector General of the Intelligence Community.--Section 
103H(c) of the National Security Act of 1947 (50 U.S.C. 3033(c)) is 
amended--
            (1) in paragraph (3), by striking ``National Intelligence'' 
        and inserting ``the Office of Public Integrity, who may 
        delegate that authority to the Director of National 
        Intelligence''; and
            (2) in paragraph (4)--
                    (A) in the first sentence, by inserting ``for 
                inefficiency, neglect of duty, or malfeasance in 
                office'' before the period at the end; and
                    (B) by inserting after the first sentence the 
                following: ``The Director of the Office of Public 
                Integrity may make a formal recommendation to the 
                President for the removal of the Inspector General 
                under this paragraph.''.
    (d) Inspector General of SIGAR.--Section 1229(e)(1) of the National 
Defense Authorization Act for Fiscal Year 2008 (Public Law 110-181; 122 
Stat. 379) is amended by striking ``the Secretary of State and the 
Secretary of Defense'' and inserting ``the Director of the Office of 
Public Integrity, who may delegate that authority to the Secretary of 
State and the Secretary of Defense''.
    (e) Inspector General of SIGTARP.--Section 121(b) of the Emergency 
Economic Stabilization Act of 2008 (12 U.S.C. 5231(b)) is amended by 
adding at the end the following:
    ``(7) The Special Inspector General shall report to and be under 
the general supervision of the Director of the Office of Public 
Integrity, who may delegate that authority to the Secretary.''.
    (f) Conforming Amendments to Federal Vacancies Reform Act.--
Subchapter III of chapter 33 of title 5, United States Code, is 
amended--
            (1) in section 3345--
                    (A) in subsection (a), in the matter preceding 
                paragraph (1), by striking ``If'' and inserting 
                ``Subject to subsection (d), if'' and
                    (B) by adding at the end the following:
    ``(d) After the date that is 210 days after the date on which a 
vacancy in the office of the Inspector General of an agency described 
in subsection (a) begins, the President may not exercise the authority 
under this section with respect to that vacancy in the office of the 
Inspector General.'';
            (2) in section 3346--
                    (A) in subsection (a), in the matter preceding 
                paragraph (1), by inserting ``and subject to subsection 
                (d),'' after ``sickness,''; and
                    (B) by adding at the end the following:
    ``(d) A person serving as acting officer in the office of the 
Inspector General of an agency under section 3345 may not serve in the 
office after the date that is 210 days after the date on which the 
vacancy in the office begins, without regard to whether a nomination to 
the office has been submitted to, is pending in, has been rejected by, 
has been withdrawn by the President from, or has been returned to the 
President by the Senate.'';
            (3) in section 3349(b), in the matter preceding paragraph 
        (1), by inserting ``, or, in the case of an Inspector General, 
        that an officer is serving after the end of the 210-day period 
        under section 3346(d),'' after ``3349a,''; and
            (4) in section 3349a(b), in the matter preceding paragraph 
        (1), by striking ``With'' and inserting ``Except in the case of 
        an Inspector General, with''.

               Subtitle C--Office of Congressional Ethics

SEC. 551. DEFINITIONS.

    In this subtitle--
            (1) the term ``applicable ethics committee'' means the 
        Select Committee on Ethics of the Senate (for Senators and 
        employees of the Senate) or the Committee on Ethics of the 
        House of Representatives (for Members of the House of 
        Representatives and employees of the House of Representatives);
            (2) the term ``Board'' means the Congressional Ethics Board 
        established under section 553(a);
            (3) the term ``employee of Congress'' means an employee of 
        the House of Representatives or an employee of the Senate;
            (4) the term ``employee of the House of Representatives'' 
        has the meaning given the term in section 101 of the 
        Congressional Accountability Act of 1995 (2 U.S.C. 1301) and 
        includes an elected or appointed officer of the House of 
        Representatives;
            (5) the term ``employee of the Senate'' has the meaning 
        given the term in section 101 of the Congressional 
        Accountability Act of 1995 (2 U.S.C. 1301) and includes an 
        elected or appointed officer of the Senate; and
            (6) the term ``Member'' means any Senator or Representative 
        in, or Delegate or Resident Commissioner to, the Congress.

SEC. 552. THE OFFICE OF CONGRESSIONAL ETHICS.

    For the purpose of assisting the House of Representatives and the 
Senate in carrying out the responsibilities under article I, section 5, 
clause 2 of the Constitution of the United States (commonly referred to 
as the ``Discipline Clause''), there is established an independent 
office in the legislative branch to be known as the ``Office of 
Congressional Ethics'' (referred to in this subtitle as the 
``Office''), which shall be governed by the Congressional Ethics Board 
established under section 553(a).

SEC. 553. ESTABLISHMENT OF THE BOARD OF THE OFFICE OF CONGRESSIONAL 
              ETHICS.

    (a) Board.--
            (1) Establishment of board.--The Office shall be governed 
        by a Congressional Ethics Board consisting of 9 members, of 
        whom--
                    (A) 2 shall be appointed by the President pro 
                tempore of the Senate;
                    (B) 2 shall be appointed by the minority leader of 
                the Senate;
                    (C) 2 shall be appointed by the Speaker of the 
                House of Representatives;
                    (D) 2 shall be appointed by the minority leader of 
                the House of Representatives; and
                    (E) 1 shall be appointed by agreement of the 
                President pro tempore of the Senate, the minority 
                leader of the Senate, the Speaker of the House of 
                Representatives, and the minority leader of the House 
                of Representatives, or by agreement of not less than 3 
                of those individuals.
            (2) Qualifications of board members.--
                    (A) Expertise.--Each member of the Board shall be 
                an individual of exceptional public standing who is 
                specifically qualified to serve on the Board by virtue 
                of the individual's education, training, or experience 
                in 1 or more of the legislative, judicial, regulatory, 
                professional ethics, legal, or academic fields.
                    (B) Selection basis.--Selection and appointment of 
                each member of the Board shall be without regard to 
                political affiliation and solely on the basis of 
                fitness to perform the duties of a member of the Board.
                    (C) Citizenship.--Each member of the Board shall be 
                a United States citizen.
                    (D) Disqualifications.--No individual shall be 
                eligible for appointment to, or service on, the Board 
                who--
                            (i) has ever been registered, or required 
                        to be registered, as a lobbyist under the 
                        Lobbying Disclosure Act of 1995 (2 U.S.C. 1601 
                        et seq.);
                            (ii) engages in, or is otherwise employed 
                        in, lobbying of the Congress;
                            (iii) is registered or is required to be 
                        registered as an agent of a foreign principal 
                        under the Foreign Agents Registration Act of 
                        1938 (22 U.S.C. 611 et seq.);
                            (iv) is, or has been in the 4 years 
                        preceding the date of appointment, a Member, 
                        employee of the Senate, or employee of the 
                        House of Representatives;
                            (v) is an officer or employee of the 
                        Federal Government;
                            (vi) during the 4 years preceding the date 
                        of appointment, engaged in any significant 
                        political activity (including being a candidate 
                        for public office, fundraising for a candidate 
                        for public office or a political party, or 
                        serving as an officer or employee of a 
                        political campaign or party); or
                            (vii) during the 4 years preceding the date 
                        of appointment, served as a fiduciary or 
                        personal attorney for an officer or employee of 
                        the Federal Government, including any Member.
            (3) Term and removal.--
                    (A) Length of term.--The term of a member of the 
                Board shall be for 2 Congresses.
                    (B) Term limits.--A member of the Board may not 
                serve during 4 consecutive Congresses.
                    (C) Removal.--A member of the Board may be removed 
                only for cause and upon unanimous agreement among the 
                President pro tempore and the minority leader of the 
                Senate and the Speaker and the minority leader of the 
                House of Representatives.
                    (D) Vacancies.--Any vacancy on the Board shall be 
                filled for the unexpired portion of the term in the 
                same manner, and by the same appointing authority, as 
                the original appointment under paragraph (1).
    (b) Chairperson and Vice-Chairperson.--
            (1) In general.--The members of the Board shall elect a 
        chairperson and a vice-chairperson of the Board by a majority 
        vote. The chairperson and the vice-chairperson shall serve a 1-
        year term, and may be reelected for additional 1-year terms.
            (2) Duties.--The chairperson of the Board shall preside at 
        the meetings of the Board, and the vice-chairperson shall 
        preside in the absence or disability of the chairperson.
    (c) Meetings.--
            (1) Quorum.--A majority of the members of the Board shall 
        constitute a quorum, except that a lesser number of members may 
        hold hearings.
            (2) Meetings.--The Board shall meet at the call of the 
        chairperson or the call of a majority of its members, pursuant 
        to the rules of the Board.
            (3) Voting.--Except as otherwise specifically provided, a 
        majority vote of the Board under this subtitle shall require an 
        affirmative vote of 5 or more members.
    (d) Compensation.--A member of the Board shall not be considered to 
be an officer or employee of the House or Senate, but shall be 
compensated at a rate equal to the daily equivalent of the minimum 
annual rate of basic pay prescribed for GS-15 of the General Schedule 
under section 5107 of title 5, United States Code, for each day 
(including travel time) during which such member is engaged in the 
performance of the duties of the Board.
    (e) Duties of Board.--
            (1) In general.--The Board shall--
                    (A) be the governing body of the Office, and 
                oversee the Office in the implementation of all duties 
                required under this subtitle; and
                    (B) review allegations of violations made against a 
                Member or employee of Congress through the review 
                process described in section 555(b).
            (2) Hearings.--The Board may hold such hearings as are 
        necessary and may sit and act only in executive session at such 
        times and places, solicit such testimony, and receive such 
        relevant evidence, as may be necessary to carry out its duties.
    (f) Financial Disclosure Reports.--
            (1) In general.--Each member of the Board shall file an 
        annual financial disclosure report with the Secretary of the 
        Senate and the Clerk of the House of Representatives on or 
        before May 15 of each calendar year immediately following any 
        year in which the member served on the Board. Each such report 
        shall be on a form prepared jointly by the Clerk and the 
        Secretary that is substantially similar to the form required 
        for individuals at the executive branch who must complete a 
        confidential financial disclosure report under section 102 of 
        the Ethics in Government Act of 1978 (5 U.S.C. App.).
            (2) Distribution of report.--The Secretary of the Senate 
        and the Clerk of the House of Representatives, working jointly, 
        shall--
                    (A) not later than 7 days after the date each 
                financial disclosure report under paragraph (1) is 
                filed, send a copy of each such report to the 
                applicable ethics committees; and
                    (B) annually print all such financial disclosure 
                reports as a document of Congress, and make the 
                document available to the public.

SEC. 554. DUTIES AND POWERS OF THE OFFICE AND THE BOARD.

    (a) In General.--The Office is authorized--
            (1) in accordance with section 555--
                    (A) to investigate any alleged violation, by a 
                Member or employee of Congress, of any ethics law 
                (including regulations), rule, or other standard of 
                conduct applicable to the conduct of such Member or 
                employee under applicable House or Senate rules in the 
                performance of the duties, or the discharge of the 
                responsibilities, of the Member or employee; and
                    (B) in any case where the Board determines, after 
                the investigation described in subparagraph (A), that 
                there is a reasonable basis to believe an alleged 
                violation of any ethics law, rule, or other standard of 
                conduct described in such subparagraph, to present the 
                alleged ethics violation and any material evidence to 
                the applicable ethics committee;
            (2) to refer to appropriate Federal or State authorities, 
        including the Office of Public Integrity and the Department of 
        Justice as appropriate, any evidence of a violation by a Member 
        or employee of Congress of any law (including laws applicable 
        to the performance of the duties, or the discharge of the 
        responsibilities, of the Member or employee), which may have 
        been disclosed in an investigation by the Office, in accordance 
        with subsection (b);
            (3) to provide advice and informal guidance to Members and 
        employees of Congress regarding any ethics law (including 
        regulations), rule, or other standard of conduct applicable to 
        such individuals in their official capacities, and develop and 
        carry out periodic educational briefings for Members and 
        employees of Congress on those laws, rules, and other 
        standards;
            (4)(A) to give consideration to the request of any Member 
        or employee of Congress for a formal advisory opinion or other 
        formal ruling, subject to the approval of the applicable ethics 
        committee, with respect to the general propriety of any current 
        or proposed conduct of such Member or employee;
            (B) to provide a formal advisory opinion or other formal 
        ruling, in accordance with subparagraph (A), in situations that 
        the Board determines appropriate; and
            (C) subject to the requirement for approval by the 
        applicable ethics committee in accordance with subsection (c), 
        and with appropriate deletions to assure the privacy of the 
        individual concerned, to publish such opinion for the guidance 
        of other Members and employees of Congress;
            (5) if the Office determines, during the course of any 
        investigation under this subtitle, that a lobbyist or lobbying 
        firm may be in noncompliance with the Lobbying Disclosure Act 
        of 1995 (2 U.S.C. 1601 et seq.)--
                    (A) to notify the United States Attorney for the 
                District of Columbia and the Director of the Office of 
                Public Integrity of the potential violation; and
                    (B) to notify the lobbyist or lobbying firm of such 
                determination, in writing;
            (6) to provide informal guidance to lobbyists or lobbying 
        firms engaged in lobbying activity or lobbying contacts under 
        the Lobbying Disclosure Act of 1995 (2 U.S.C. 1601 et seq.) to 
        covered legislative branch officials (as defined in section 3 
        of such Act (2 U.S.C. 1602)) of their responsibilities under 
        such Act;
            (7) to aid in the enforcement of ethics requirements for 
        Members or employees of Congress under this subtitle or any 
        other provision of law; and
            (8) to administer the process for Members and employees of 
        Congress to seek and receive any waivers from any ethics law 
        (including regulations), rule, or other standard that applies 
        to Members and employees of Congress, subject to approval of 
        the applicable ethics committee.
    (b) Referrals to Law Enforcement Officials.--
            (1) In general.--Upon a majority vote of the Board, the 
        Office may refer potential legal violations committed by a 
        Member or employee of Congress to the Department of Justice or 
        other relevant Federal or State law enforcement officials, 
        which referral shall include all appropriate evidence gathered 
        during any review conducted under this subtitle.
            (2) No approval required.--A referral under paragraph (1) 
        does not require the approval of either of the applicable 
        ethics committees.
            (3) Notification.--The Board shall notify the Select 
        Committee on Ethics of the Senate or the Committee on Ethics of 
        the House of Representatives, and the Director of the Office of 
        Public Integrity of all referrals under this subsection.
    (c) Advisory Opinions.--
            (1) In general.--Upon a majority vote of the Board, the 
        Office may draft and publish recommended formal advisory 
        opinions and interpretations of rules and other standards of 
        conduct applicable to Members and employees of Congress, which 
        shall be submitted to each applicable ethics committee for 
        approval.
            (2) Requirements for ethics committee review.--Each 
        applicable ethics committee may revise, overturn, dismiss, or 
        issue any recommended formal advisory opinions or 
        interpretations under paragraph (1) that is applicable to the 
        Members and employees of that House of Congress. A recommended 
        formal advisory opinion or interpretation under paragraph (1) 
        is only binding if issued by one of the applicable ethics 
        committees.
            (3) Requirements.--Any applicable ethics committee decision 
        described in paragraph (2) shall be recorded and made publicly 
        available, and shall be accompanied by a written explanation 
        for that action. Dissenting members of the applicable ethics 
        committee are allowed to issue their own report detailing 
        reasons for disagreeing with the decision.
    (d) Limitations on Review.--No review shall be undertaken by the 
Board of any alleged violation of law, rule, regulation or standard of 
conduct not in effect at the time of the alleged violation, nor shall 
any review be undertaken by the Board of any alleged violation that 
occurred before the date of enactment of this Act.
    (e) Prohibition on Public Disclosure.--
            (1) In general.--
                    (A) Required affirmation by members and staff.--
                When an individual becomes a member of the Board or 
                employee of the Office, that individual shall execute 
                the following oath or affirmation in writing: ``I do 
                solemnly swear (or affirm) that I will not disclose to 
                any person or entity outside of the Office any 
                information received in the course of my service with 
                the Office, except as authorized by the Board by 
                majority vote as necessary to conduct official business 
                or pursuant to its rules.''. Copies of the executed 
                oath shall be provided to the Clerk of the House of 
                Representatives and the Secretary of the Senate as part 
                of the records of the House and Senate.
                    (B) Prohibition on public disclosure.--No testimony 
                received, or any other information obtained, by a 
                member of the Board or employee of the Office shall be 
                publicly disclosed to any person or entity outside the 
                Office, unless approved by a majority vote of the 
                Board. Any communication to any person or entity 
                outside the Office may occur only as authorized by the 
                Board.
                    (C) Procedures and investigation.--The Office shall 
                establish procedures necessary to prevent the 
                unauthorized disclosure of any information received by 
                the Office. Any breaches of confidentiality shall be 
                investigated by the Board and appropriate action shall 
                be taken.
            (2) Provision with respect to office of public integrity or 
        ethics committees.--Paragraph (1) shall not preclude--
                    (A) any member of the Board or any employee of the 
                Office from presenting a report or findings of the 
                Board, or testifying before the Select Committee on 
                Ethics of the Senate or the Committee on Ethics of the 
                House of Representatives, if requested by either 
                committee pursuant to the rules of the committee;
                    (B) any necessary communication with the Office of 
                Public Integrity;
                    (C) any necessary communication with the Department 
                of Justice or any other law enforcement agency;
                    (D) any necessary communication with any members, 
                or employees, of the applicable ethics committee; or
                    (E) any necessary communication with the President 
                pro tempore of the Senate, majority leader of the 
                Senate, minority leader of the Senate, Speaker of the 
                House of Representatives, or minority leader of the 
                House of Representatives.
            (3) Opportunity to present.--Before the Board votes on a 
        recommendation or statement to be transmitted to the 
        appropriate congressional committee relating to official 
        conduct of any Member or employee of Congress, the Board shall 
        provide that individual the opportunity to present, orally or 
        in writing (at the discretion of the Board), a statement to the 
        Board.
    (f) Presentation of Reports to Select Committee on Ethics of the 
Senate or the Committee on Ethics of the House of Representatives.--
Whenever the Board transmits any report to the applicable ethics 
committee relating to the official conduct of any Member or employee of 
Congress, it shall designate a member of the Board or employee to 
present the report to such committee if requested by such committee.
    (g) Maintaining of Financial Disclosure Reports.--The Office shall 
receive, and maintain, a copy of each report filed under section 101 of 
the Ethics in Government Act of 1978 (5 U.S.C. App.) by a Member or 
employee of Congress.
    (h) Memorandum of Understanding With the Office of Public 
Integrity.--The Office shall enter into a memorandum of understanding 
with the Director of the Office of Public Integrity in order--
            (1) to share any information necessary for the execution of 
        each office's respective duties and responsibilities, including 
        the copies of reports described in subsection (g);
            (2) to ensure consistent interpretation and enforcement of 
        the Nation's ethics laws for executive and legislative branch 
        employees and officials; and
            (3) to reduce and mitigate jurisdictional confusion.
    (i) Investigative Authority.--In the course of an investigation 
described in subsection (a)(1)(A), the Board may require by subpoena 
the attendance of and testimony by witnesses and the production of any 
book, check, canceled check, correspondence, communication, document, 
email, papers, physical evidence, record, recording, tape, or other 
material (including electronic records) relating to any matter or 
question the Office is authorized to investigate from any individual or 
entity.

SEC. 555. REVIEW PROCESS OF SUBMISSIONS.

    (a) Source of Submissions.--
            (1) Citizen submissions.--
                    (A) Citizen submissions.--Any citizen of the United 
                States, including a Member or employee of Congress, may 
                submit to the Office an allegation of a violation or 
                any material information regarding an alleged 
                violation, by a Member or employee of Congress of any 
                law (including any regulation), rule, or other standard 
                of conduct applicable to the conduct of such Member or 
                employee in the performance of the duties, or the 
                discharge of the responsibilities, of the Member or 
                employee, subject to subparagraph (B) and paragraph 
                (4).
                    (B) Ban on filing submissions prior to election.--
                The Board may not accept citizen submissions regarding 
                the conduct of a Member filed in the--
                            (i) 30 days prior to a primary election for 
                        which the Member in question is a candidate; 
                        and
                            (ii) 60 days prior to a general election 
                        for which the Member in question is a 
                        candidate.
            (2) Board member or office of congressional ethics 
        submissions.--A member of the Board or an employee of the 
        Office may submit an allegation of a violation by a Member or 
        employee of Congress of any law (including any regulation), 
        rule, or other standard of conduct applicable to the conduct of 
        such Member or employee in the performance of the duties, or 
        the discharge of the responsibilities, of the Member or 
        employee.
            (3) False claims acknowledgment and statement.--Any 
        submission under paragraph (1) shall include a signed statement 
        acknowledging that the individual submitting the allegation or 
        material information understands that section 1001 of title 18, 
        United States Code (popularly known as the ``False Statements 
        Act''), applies to the allegation or information the individual 
        is submitting.
            (4) Past frivolous charges.--The Board shall not accept any 
        submission under paragraph (1)(A) from an individual who has 
        previously violated section 1001 of title 18, United States 
        Code, with respect to this subtitle.
            (5) Notification.--Upon receipt of a submission filed under 
        paragraph (1) or (2) that meets the requirements of this 
        subsection and that the Office determines contains a material 
        allegation of a violation, or material information, described 
        in paragraph (1)(A), the Office shall refer the submission to 
        the Board for consideration under the review process described 
        in subsection (b).
    (b) Review Process of Alleged Violations by Members or Employees of 
Congress.--
            (1) Request.--After receiving a submission under subsection 
        (a)(5), 2 or more members of the Board may submit a joint 
        written statement to all members of the Board authorizing the 
        Office to undertake a preliminary review of any alleged 
        violation by a Member or employee of Congress of any law 
        (including any regulation), rule, or other standard of conduct 
        applicable to the conduct of such Member or employee in the 
        performance of the duties, or the discharge of the 
        responsibilities, of the Member or employee, along with a brief 
        description of the specific matter.
            (2) Preliminary review.--
                    (A) In general.--Not later than 7 business days 
                after receipt of an authorization statement from 2 or 
                more members of the Board under paragraph (1), the 
                Board shall--
                            (i) instruct the Office to initiate a 
                        preliminary review of the alleged violation; 
                        and
                            (ii) provide a written notification of the 
                        commencement of the preliminary review, 
                        including a statement of the nature of the 
                        review, to--
                                    (I) the applicable ethics 
                                committee;
                                    (II) any individual who is the 
                                subject of the preliminary review; and
                                    (III) the Director of the Office of 
                                Public Integrity.
                    (B) Opportunity to terminate preliminary review.--
                At any time, the Board may, by a majority vote, 
                terminate a preliminary review on any ground, including 
                that the matter under review is de minimis in nature. 
                If the Board votes to terminate the preliminary 
                review--
                            (i) the review process under this section 
                        is completed and no further actions shall be 
                        taken; and
                            (ii) the Board--
                                    (I) shall notify, in writing, the 
                                individual who was the subject of the 
                                preliminary review, the Director of the 
                                Office of Public Integrity, and the 
                                applicable ethics committee, of its 
                                decision to terminate the review of the 
                                matter; and
                                    (II) may, in any case where the 
                                Board votes to terminate the 
                                preliminary review, send a report, 
                                including any findings of the Board, to 
                                the applicable ethics committee and to 
                                the Director of the Office of Public 
                                Integrity.
            (3) Second-phase review process.--
                    (A) Vote for second-phase review.--
                            (i) In general.--After the preliminary 
                        review conducted under paragraph (2) is 
                        completed, the Board shall vote on whether to 
                        authorize a second-phase review of the matter 
                        under consideration. If there is an affirmative 
                        vote of 4 or more members of the Board to 
                        authorize the second-phase review, the Board 
                        shall authorize the second-phase review process 
                        in accordance with subparagraph (B).
                            (ii) Termination of matter.--If a vote to 
                        authorize a second-phase review under clause 
                        (i) does not succeed, the review process under 
                        this section shall be completed and no further 
                        actions shall be taken.
                            (iii) Notification to parties.--The Board--
                                    (I) shall notify, in writing, the 
                                individual who was the subject of the 
                                preliminary review, the Director of the 
                                Office of Public Integrity, and the 
                                applicable ethics committee, of its 
                                decision to authorize a second-phase 
                                review of the matter or to terminate 
                                the review process; and
                                    (II) may, in any case where the 
                                Board decides to terminate the review 
                                process of the violation under clause 
                                (ii), send a report, including any 
                                findings of the Board, to the 
                                applicable ethics committee and to the 
                                Director of the Office of Public 
                                Integrity.
                    (B) Second-phase review.--In any case where a 
                second-phase review is required, the Board shall 
                authorize the Office to commence, and complete, a 
                second-phase review.
                    (C) Completion of second-phase review.--Upon the 
                completion of any second-phase review, the Board 
                shall--
                            (i) evaluate the review and determine, 
                        based on a majority vote, whether--
                                    (I) the applicable ethics committee 
                                should dismiss the matter that was the 
                                subject of such review, which may be 
                                made on any ground, including that the 
                                matter under review is de minimis in 
                                nature;
                                    (II) the matter requires further 
                                review by the applicable ethics 
                                committee; or
                                    (III) the applicable ethics 
                                committee should take action relating 
                                to the matter, including any 
                                recommendation for the disciplinary 
                                action or sanctions that the committee 
                                should take;
                            (ii) transmit to the applicable ethics 
                        committee a written report that includes--
                                    (I) a statement of the nature of 
                                the review and the Member or employee 
                                of Congress who is the subject of the 
                                review, including any alleged 
                                violations uncovered in either the 
                                preliminary or second-phase review;
                                    (II) any recommendations of the 
                                Board based on votes conducted under 
                                clause (i), or a statement that the 
                                matter is unresolved because of a tie 
                                vote of the Board or a failure to meet 
                                the majority vote threshold established 
                                under section 553(c)(3);
                                    (III) a description of the number 
                                of members voting in the affirmative 
                                and in the negative for any action 
                                described in clause (i);
                                    (IV) any findings of the Board, 
                                including--
                                            (aa) any findings of fact;
                                            (bb) a description of any 
                                        relevant information that the 
                                        Board was unable to obtain or 
                                        witnesses whom the Board was 
                                        unable to interview, and the 
                                        reasons therefor; and
                                            (cc) a citation of any 
                                        relevant law, regulation, or 
                                        standard of conduct relating to 
                                        the violation; and
                                    (V) any supporting documentation;
                            (iii) transmit to the individual who is the 
                        subject of the second-phase review the written 
                        report of the Board described in clause (ii);
                            (iv) transmit to the Director of the Office 
                        of Public Integrity the written report of the 
                        Board described in clause (ii), and may include 
                        any recommendations for action by the Director 
                        that the Board may recommend; and
                            (v) make public, on a website maintained by 
                        the Office, the written report of the Board 
                        described in clause (ii), unless a majority of 
                        the members of the Board vote to withhold the 
                        report from the public where public disclosure 
                        could compromise the ability of the applicable 
                        ethics committee or a law enforcement agency to 
                        act on an alleged ethics violation.
                    (D) Authority for reprimand.--Upon the completion 
                of any second-phase review, the Board--
                            (i) may, upon a majority vote, reprimand, 
                        in writing, the alleged violator for potential 
                        violations of the law;
                            (ii) in any case where a reprimand under 
                        clause (i) is issued, shall provide a copy of 
                        the reprimand to--
                                    (I) the presiding officer of the 
                                House of Congress in which the alleged 
                                violator serves (if such individual is 
                                a Member of Congress); or
                                    (II) the alleged violator's 
                                employer, if the individual is an 
                                employee of Congress; and
                            (iii) may make the reprimand available to 
                        the public.
    (c) Requests From Applicable Ethics Committees.--
            (1) In general.--Notwithstanding any other provision of 
        this subtitle, upon receipt of a written request from an 
        applicable ethics committee that the Board cease its review of 
        any matter and refer such matter to the committee because the 
        committee has voted to open an investigation of such matter by 
        the committee or by an investigatory subcommittee of the 
        committee, the Board shall refer such matter to the committee, 
        cease its preliminary or second-phase review, as applicable, of 
        that matter and so notify any individual who is the subject of 
        the review. In any such case, the Board shall send a written 
        report to the committee containing a statement that, upon the 
        request of that committee, the matter is referred to it for its 
        consideration. Nothing in this paragraph shall be construed to 
        prevent the Board from sending any information regarding the 
        matter to the Director of the Office of Public Integrity or to 
        other law enforcement agencies.
            (2) Resumption of review.--If the applicable ethics 
        committee notifies the Board in writing that it is unable to 
        resolve any matter described in paragraph (1), the Board may 
        begin or continue, as the case may be, a second-phase review of 
        the matter in accordance with subsection (b)(3).
    (d) Procedures.--
            (1) Review powers.--Members of the Board or employees of 
        the Office may, during either an initial review or second-phase 
        review--
                    (A) administer oaths;
                    (B) require, by subpoena or otherwise, the 
                attendance and testimony of such witnesses and the 
                production of such books, records, correspondence, 
                accounts, memoranda, papers, documents, tapes, and 
                materials as the Board or the Office considers 
                advisable;
                    (C) take the deposition of witnesses; and
                    (D) conduct general audits of filings under the 
                Lobbying Disclosure Act of 1995 (2 U.S.C. 1601 et 
                seq.).
            (2) Witnesses.--
                    (A) Witnesses.--Any witness interviewed as part of 
                a review under this section shall sign a statement 
                acknowledging that the witness understands that section 
                1001 of title 18, United States Code (popularly known 
                as the ``False Statements Act'') applies to the 
                testimony of the witness and to any documents the 
                witness provides.
                    (B) Payment.--Witnesses appearing before the Office 
                may be paid in the same manner as prescribed by clause 
                5 of rule XI of the Rules of the House of 
                Representatives, as in effect on the day before the 
                date of enactment of this Act.
            (3) Prohibition of ex parte communications.--There shall be 
        no ex parte communications between any member of the Board or 
        employee of the Office and any individual who is the subject of 
        any review by the Board or between any member of the Board and 
        any interested party, and no Member or employee of the Congress 
        may communicate with any member of the Board or employee of the 
        Office regarding any matter under review by the Board except as 
        authorized by the Board.
            (4) Contempt of congress.--If a person disobeys or refuses 
        to comply with a subpoena, or if a witness refuses to testify 
        to a matter, the Board may recommend to the applicable ethics 
        committee that such person be held in contempt of Congress.

SEC. 556. PERSONNEL MATTERS.

    (a) Compensation of Employees.--
            (1) Appointment.--Upon a majority vote of the Board, the 
        Board may appoint and fix the compensation of such 
        professional, nonpartisan staff (including staff with relevant 
        experience in investigations and law enforcement) of the Office 
        as the Board considers necessary to perform its duties.
            (2) Qualifications.--Each employee of the Office shall be 
        professional and demonstrably qualified for the position for 
        which the employee is hired.
            (3) Staffing requirements.--
                    (A) In general.--The employees of the Office shall 
                be assembled and retained as a professional, 
                nonpartisan staff, and the Office as a whole, and each 
                individual employee, shall perform all official duties 
                in a nonpartisan manner.
                    (B) No partisan political activity.--No employee of 
                the Office shall engage in any partisan political 
                activity directly affecting any congressional or 
                presidential election.
                    (C) Limitation or public speaking or publication.--
                No employee of the Office may accept public speaking 
                engagements or write for publication on any subject 
                that is in any way related to the employee's employment 
                or duties with the Office without specific prior 
                approval from the chairperson and vice-chairperson of 
                the Board.
    (b) Termination of Employees.--The employment of an employee of the 
Office may be terminated during a Congress solely by a majority vote of 
the Board.
    (c) Reimbursements.--Members of the Board, and employees of the 
Office, may be reimbursed for travel, subsistence, and other necessary 
expenses incurred by members or employees in the performance of their 
duties in the same manner as is permissible for such expenses of other 
employees of the House or Senate.
    (d) Agreements for Members and Employees; Retention of Documents by 
the Clerk.--
            (1) In general.--Before any individual who is appointed to 
        serve on the Board or before any individual is hired to be an 
        employee of the Office may do so, the individual shall execute 
        a signed document containing the following statement: ``I agree 
        not to be a candidate for the office of Senator or 
        Representative in, or Delegate or Resident Commissioner to, the 
        Congress for purposes of the Federal Election Campaign Act of 
        1971 until at least 4 years after I am no longer a member of 
        the Congressional Ethics Board or employee of the Office of 
        Congressional Ethics.''.
            (2) Retention of documents.--Copies of the signed and 
        executed document shall be retained by the Clerk of the House 
        of Representatives and the Secretary of the Senate as part of 
        the records of the House and the Senate. The Clerk and the 
        Secretary, working jointly, shall make the signatures a matter 
        of public record, causing the names of each individual who has 
        signed the document to be published in a portion of the 
        Congressional Record designed for that purpose, and make 
        cumulative lists of such names available on the websites of the 
        Clerk and the Secretary.
    (e) Code of Conduct.--The Board--
            (1) shall establish a code of conduct to govern the 
        behavior of the members of the Board and the employee of the 
        Office, which shall include the avoidance of conflicts of 
        interest; and
            (2) may issue other rules as the Board determines necessary 
        to carry out the functions of the Board and the Office.

SEC. 557. AUTHORIZATION OF APPROPRIATIONS.

    There is authorized to be appropriated to carry out this subtitle 
such sums as may be necessary.

SEC. 558. CONFORMING AMENDMENTS AND RULES OF CONSTRUCTION.

    (a) Conforming Amendments to the Ethics in Government Act of 
1978.--Section 109(18) of the Ethics in Government Act of 1978 (5 
U.S.C. App.) is amended--
            (1) by redesignating subparagraphs (A) through (D), as 
        amended, as subparagraphs (B) through (E), respectively;
            (2) by inserting before subparagraph (B), as redesignated 
        by paragraph (1) of this subsection, the following:
                    ``(A) the Office of Congressional Ethics 
                established under section 552 of the Anti-Corruption 
                and Public Integrity Act, for Senators, Members of the 
                House of Representatives, officers and employees of the 
                Senate, and officers and employees of the House of 
                Representatives required to file financial disclosure 
                reports with the Secretary of the Senate pursuant to 
                section 103(h) of this title;'';
            (3) in subparagraph (B) (as so redesignated), by striking 
        ``Senators, officers and employees of the Senate, and other 
        officers or employees of the legislative branch'' and inserting 
        ``officers or employees of the legislative branch not described 
        in subparagraph (A)''; and
            (4) in subparagraph (C) (as so redesignated), by striking 
        ``Members, officers and employees of the House of 
        Representatives and other officers or employees of the 
        legislative branch'' and inserting ``officers or employees of 
        the legislative branch not described in subparagraph (A)''.
    (b) Termination of the Office of Congressional Ethics of the House 
of Representatives.--Beginning on the date on which all members of the 
Board are appointed, the Office of Congressional Ethics of the House of 
Representatives shall be eliminated and section 1 of H. Res. 895 (110th 
Congress, March 11, 2008) shall cease to have any force or effect.
    (c) Rulemaking Authority.--The provisions of this subtitle are 
enacted--
            (1) as an exercise of the rulemaking power of the Senate 
        and of the House of Representatives, and as such they shall be 
        considered as part of the rules of the Senate and the House, 
        respectively, and shall supersede other rules only to the 
        extent that they are inconsistent therewith; and
            (2) with full recognition of the constitutional right of 
        the Senate and the House of Representatives to change such 
        rules at any time, in the same manner, and to the same extent 
        as in the case of any other rule of the Senate or House of 
        Representatives.

                       Subtitle D--Applicability

SEC. 571. APPLICABILITY.

    This title and the amendments made by this title shall apply on and 
after the date of enactment of this Act.

             TITLE VI--TRANSPARENCY AND GOVERNMENT RECORDS

   Subtitle A--Transparency for Federal Personnel and Candidates for 
                             Federal Office

SEC. 601. CATEGORIES RELATING TO THE AMOUNT OR VALUE OF CERTAIN INCOME.

    Section 102 of the Ethics in Government Act of 1978 (5 U.S.C. App.) 
is amended--
            (1) in subsection (a)--
                    (A) in paragraph (1)(B)--
                            (i) in the matter preceding clause (i), by 
                        striking ``which of the following categories 
                        the amount or value of such item of income is 
                        within'' and inserting ``the amount or value of 
                        such item of income in accordance with the 
                        following'';
                            (ii) by redesignating clauses (i) through 
                        (iv) as subclauses (I) through (IV), 
                        respectively, and adjusting the margin 
                        accordingly;
                            (iii) by inserting before subclause (I), as 
                        so redesignated, the following:
                            ``(i) For items of income with an amount or 
                        value of not more than $25,000, which of the 
                        following categories the amount or value of 
                        such item of income is within:'';
                            (iv) in clause (i)(III), as so designated, 
                        by adding ``or'' at the end;
                            (v) in clause (i)(IV), as so designated, by 
                        striking ``$15,000,'' and inserting 
                        ``$25,000.''; and
                            (vi) by striking clauses (v) through (ix) 
                        and inserting the following:
                            ``(ii) For items of income with an amount 
                        or value of greater than $25,000, the amount or 
                        value of the item of income, rounded as 
                        follows:
                                    ``(I) For items of income with an 
                                amount or value of greater than $25,000 
                                but not more than $100,000, the amount 
                                or value rounded to the nearest 
                                $10,000.
                                    ``(II) For items of income with an 
                                amount or value of greater than 
                                $100,000 but not more than $1,000,000, 
                                the amount or value rounded to the 
                                nearest $100,000.
                                    ``(III) For items of income with an 
                                amount or value of greater than 
                                $1,000,000, the amount or value rounded 
                                to the nearest $1,000,000.'';
                    (B) in paragraph (3), by striking ``category of 
                value'' and inserting ``value, in accordance with 
                subsection (d)(2),''; and
                    (C) in paragraph (4), in the matter preceding 
                subparagraph (A), by striking ``category of value'' and 
                inserting ``value, in accordance with subsection 
                (d)(2),''; and
            (2) in subsection (d)--
                    (A) in paragraph (1), in the matter preceding 
                subparagraph (A), by striking ``(3), (4), (5), and 
                (8)'' and inserting ``(5) and (8)'';
                    (B) by redesignating paragraph (2) as paragraph 
                (3); and
                    (C) by inserting after paragraph (1) the following:
    ``(2) The amount or value of the items covered in paragraphs (3) 
and (4) of subsection (a) shall be reported as follows:
            ``(A) For items with an amount or value of not more than 
        $25,000, which of the following categories the amount or value 
        of such item is within:
                    ``(i) Not more than $15,000.
                    ``(ii) Greater than $15,000 but not more than 
                $25,000.
            ``(B) For items with an amount or value of greater than 
        $25,000, the amount or value of the item, rounded as follows:
                    ``(i) For items with an amount or value of greater 
                than $25,000 but not more than $100,000, the amount or 
                value rounded to the nearest $10,000.
                    ``(ii) For items with an amount or value of greater 
                than $100,000 but not more than $1,000,000, the amount 
                or value rounded to the nearest $100,000.
                    ``(iii) For items with an amount or value of 
                greater than $1,000,000, the amount or value rounded to 
                the nearest $1,000,000.''.

SEC. 602. DISCLOSURE OF PERSONAL INCOME TAX RETURNS BY PRESIDENTS, VICE 
              PRESIDENTS, MEMBERS OF CONGRESS, AND CERTAIN CANDIDATES.

    (a) In General.--Title I of the Ethics in Government Act of 1978 (5 
U.S.C. App.) is amended--
            (1) by inserting after section 102 the following:

``SEC. 102A. DISCLOSURE OF PERSONAL INCOME TAX RETURNS BY PRESIDENTS, 
              VICE PRESIDENTS, MEMBERS OF CONGRESS, AND CERTAIN 
              CANDIDATES.

    ``(a) Definitions.--In this section--
            ``(1) the term `covered candidate' means an individual--
                    ``(A) required to file a report under section 
                101(c); and
                    ``(B) who is nominated by a major party as a 
                candidate for the office of President, Vice President, 
                or Member of Congress;
            ``(2) the term `covered individual' means--
                    ``(A) a President, Vice President, or Member of 
                Congress required to file a report under subsection (a) 
                or (d) of section 101; and
                    ``(B) an individual who occupies the office of the 
                President, Vice President, or a Member of Congress 
                required to file a report under section 101(e);
            ``(3) the term `income tax return' means, with respect to 
        any covered candidate or covered individual, any return (within 
        the meaning of section 6103(b) of the Internal Revenue Code of 
        1986) related to Federal income taxes, but does not include--
                    ``(A) information returns issued to persons other 
                than such covered candidate or covered individual; and
                    ``(B) declarations of estimated tax; and
            ``(4) the term `major party' has the meaning given the term 
        in section 9002 of the Internal Revenue Code of 1986.
    ``(b) Disclosure.--
            ``(1) Covered individuals.--
                    ``(A) In general.--In addition to the information 
                described in subsections (a) and (b) of section 102, a 
                covered individual shall include in each report 
                required to be filed under this title a copy of the 
                income tax returns of the covered individual for--
                            ``(i) with respect to the President or Vice 
                        President, the 8 most recent taxable years and 
                        every year the individual was in Federal 
                        elected office for which a return have been 
                        filed with the Internal Revenue Service as of 
                        the date on which the report is filed; and
                            ``(ii) with respect to a Member of 
                        Congress, the 2 most recent taxable years and 
                        every year the individual was in Federal 
                        elected office for which a return has been 
                        filed with the Internal Revenue Service as of 
                        the date on which the report is filed.
                    ``(B) Failure to disclose.--If an income tax return 
                is not disclosed under subparagraph (A), the Director 
                of the Office of Public Integrity shall submit to the 
                Secretary of the Treasury a request that the Secretary 
                of the Treasury provide the Director of the Office of 
                Public Integrity with a copy of the income tax return.
                    ``(C) Publicly available.--Each income tax return 
                submitted under this paragraph shall be filed with the 
                Director of the Office of Public Integrity and made 
                publicly available in the same manner as the 
                information described in subsections (a) and (b) of 
                section 102.
                    ``(D) Redaction of certain information.--Before 
                making any income tax return submitted under this 
                paragraph available to the public, the Director of the 
                Office of Public Integrity shall redact such 
                information as the Director of the Office of Public 
                Integrity, in consultation with the Secretary of the 
                Treasury determines appropriate.
            ``(2) Candidates.--
                    ``(A) In general.--Not later than 15 days after the 
                date on which a covered candidate is nominated, the 
                covered candidate shall amend the report filed by the 
                covered candidate under section 101(c) with the Federal 
                Election Commission to include a copy of the income tax 
                returns of the covered candidate for--
                            ``(i) with respect to a candidate for 
                        nomination or election to the office of 
                        President or Vice President, the 8 most recent 
                        taxable years and every year the individual was 
                        in Federal elected office for which a return 
                        has been filed with the Internal Revenue 
                        Service; and
                            ``(ii) with respect to a candidate for 
                        nomination or election to the office of Member 
                        of Congress, the 2 most recent taxable years 
                        and every year the individual was in Federal 
                        elected office for which a return has been 
                        filed with the Internal Revenue Service.
                    ``(B) Failure to disclose.--If an income tax return 
                is not disclosed under subparagraph (A) the Federal 
                Election Commission shall submit to the Secretary of 
                the Treasury a request that the Secretary of the 
                Treasury provide the Federal Election Commission with 
                the income tax return.
                    ``(C) Publicly available.--Each income tax return 
                submitted under this paragraph shall be filed with the 
                Federal Election Commission and made publicly available 
                in the same manner as the information described in 
                section 102(b).
                    ``(D) Redaction of certain information.--Before 
                making any income tax return submitted under this 
                paragraph available to the public, the Federal Election 
                Commission shall redact such information as the Federal 
                Election Commission, in consultation with the Secretary 
                of the Treasury and the Director of the Office of 
                Public Integrity, determines appropriate.
            ``(3) Special rule for sitting presidents.--Not later than 
        30 days after the date of enactment of this section, the 
        President shall submit to the Director of the Office of Public 
        Integrity a copy of the income tax returns described in 
        paragraph (1)(A)(i).''; and
            (2) in section 104--
                    (A) in subsection (a)--
                            (i) in paragraph (1), in the first 
                        sentence, by inserting ``, 102B, or 102C, or 
                        any individual who knowingly and willfully 
                        falsifies or who knowingly and willfully fails 
                        to file an income tax return that such 
                        individual is required to disclose pursuant to 
                        section 102A, 102B, or 102C'' before the 
                        period; and
                            (ii) in paragraph (2)(A)--
                                    (I) in clause (i), by inserting 
                                ``102B, or 102C, or falsify any income 
                                tax return that such person is required 
                                to disclose under section 102A, 102B, 
                                or 102C'' before the semicolon; and
                                    (II) in clause (ii), by inserting 
                                ``102B, or 102C, or fail to file any 
                                income tax return that such person is 
                                required to disclosed under section 
                                102A, 102B, or 102C'' before the 
                                period;
                    (B) in subsection (b), in the first sentence by 
                inserting ``or willfully failed to file or has 
                willfully falsified an income tax return required to be 
                disclosed under section 102A, 102B, or 102C'' before 
                the period;
                    (C) in subsection (c), by inserting ``or failing to 
                file or falsifying an income tax return required to be 
                disclosed under section 102A, 102B, or 102C'' before 
                the period; and
                    (D) in subsection (d)(1)--
                            (i) in the matter preceding subparagraph 
                        (A), by inserting ``or files an income tax 
                        return required to be disclosed under section 
                        102A, 102B, or 102C'' after ``title''; and
                            (ii) in subparagraph (A), by inserting ``or 
                        such income tax return, as applicable,'' after 
                        ``report''.
    (b) Authority To Disclose Information.--
            (1) In general.--Section 6103(l) of the Internal Revenue 
        Code of 1986 is amended by adding at the end the following new 
        paragraph:
            ``(23) Disclosure of return information of presidents, vice 
        presidents, members of congress, and certain candidates.--
                    ``(A) Disclosure of returns of presidents, vice 
                presidents, and members of congress.--
                            ``(i) In general.--The Secretary shall, 
                        upon written request from the Director of the 
                        Office of Public Integrity pursuant to section 
                        102A(b)(1)(B) of the Ethics in Government Act 
                        of 1978, provide to officers and employees of 
                        the Office of Public Integrity a copy of any 
                        income tax return of any President, Vice 
                        President, or Member of Congress that is 
                        required to be filed under section 102A(b)(1) 
                        of such Act.
                            ``(ii) Disclosure to public.--The Director 
                        of the Office of Public Integrity may disclose 
                        to the public any income tax return of any 
                        President, Vice President, and Member of 
                        Congress that is required to be filed with the 
                        Director of the Office of Public Integrity 
                        pursuant to section 102A(b)(1) of the Ethics in 
                        Government Act of 1978.
                    ``(B) Disclosure of returns of certain candidates 
                for president, vice president, and members of 
                congress.--
                            ``(i) In general.--The Secretary shall, 
                        upon written request from the Chairman of the 
                        Federal Election Commission pursuant to section 
                        102A(b)(2)(B) of the Ethics in Government Act 
                        of 1978, provide to officers and employees of 
                        the Federal Election Commission copies of the 
                        applicable returns of any covered candidate (as 
                        defined in section 102A(a) of such Act).
                            ``(ii) Disclosure to public.--The Federal 
                        Election Commission may disclose to the public 
                        any applicable return of any covered candidate 
                        (as defined in section 102A(a) of such Act) 
                        that is required to be filed with the 
                        Commission pursuant to section 102A(b)(2) of 
                        the Ethics in Government Act.
                            ``(iii) Applicable returns.--For purposes 
                        of this paragraph, the term `applicable 
                        returns' means--
                                    ``(I) with respect to any covered 
                                candidate for the office of President 
                                or Vice President, income tax returns 
                                for the 8 most recent taxable years and 
                                every year the individual was in 
                                Federal elected office for which a 
                                return has been filed as of the date of 
                                the nomination; and
                                    ``(II) with respect to any covered 
                                candidate for the office of Member of 
                                Congress, income tax returns for the 2 
                                most recent taxable years and every 
                                year the individual was in Federal 
                                elected office for which a return has 
                                been filed as of the date of the 
                                nomination.''.
            (2) Conforming amendments.--Section 6103(p)(4) of such 
        Code, in the matter preceding subparagraph (A) and in 
        subparagraph (F)(ii), is amended by striking ``or (22)'' and 
        inserting ``(22), or (23)'' each place it appears.

SEC. 603. TRANSPARENCY RELATING TO CANDIDATES FOR FEDERAL OFFICE AND 
              MEMBERS OF CONGRESS.

    (a) In General.--Title I of the Ethics in Government Act of 1978 (5 
U.S.C. App.) is amended by inserting after section 102A, as added by 
section 602 of this Act, the following:

``SEC. 102B. DISCLOSURE RELATING TO COVERED ENTITIES ASSOCIATED WITH 
              MEMBERS OF CONGRESS AND COVERED CANDIDATES.

    ``(a) Definitions.--In this section--
            ``(1) the term `close family member', with respect to a 
        reporting individual, includes--
                    ``(A) a parent of the reporting individual;
                    ``(B) a spouse of the reporting individual; and
                    ``(C) an adult child of the reporting individual;
            ``(2) the term `covered candidate' has the meaning given 
        the term in section 102A(a);
            ``(3) the term `covered entity' means a corporation, 
        company, firm, partnership, or other business enterprise;
            ``(4) the term `gross receipts' has the meaning given the 
        term in section 993(f) of the Internal Revenue Code of 1986;
            ``(5) the term `income tax return' has the meaning given 
        the term in section 102A(a);
            ``(6) the term `Member of Congress' means--
                    ``(A) a Member of Congress required to file a 
                report under subsection (a) or (d) of section 101; and
                    ``(B) an individual who occupies the office of 
                Member of Congress and is required to file a report 
                under section 101(e); and
            ``(7) the term `reporting individual' means--
                    ``(A) a covered candidate; or
                    ``(B) a Member of Congress.
    ``(b) Disclosure.--
            ``(1) Members of congress.--
                    ``(A) In general.--On and after the date that is 
                180 days after the date on which the Director of the 
                Office of Public Integrity, in consultation with the 
                Federal Election Commission, promulgates regulations 
                under paragraph (3), in addition to the information 
                described in subsections (a) and (b) of section 102, a 
                Member of Congress shall include in each report 
                required to be filed under this title, with respect to 
                the 2 most recent taxable years and every year the 
                Member of Congress was in Federal elected office for 
                which an income tax return has been filed with the 
                Internal Revenue Service as of the date on which the 
                report is filed--
                            ``(i) a statement of the name of any 
                        covered entity--
                                    ``(I) in which the Member of 
                                Congress has a significant direct or 
                                indirect ownership interest; and
                                    ``(II) that has gross receipts that 
                                meet or exceed the threshold value 
                                established by regulations promulgated 
                                pursuant to paragraph (3);
                            ``(ii) a copy of any income tax return 
                        filed by a covered entity described in clause 
                        (i) for any taxable year ending with or within 
                        such years; and
                            ``(iii) in the case of a covered entity 
                        described in clause (i) that is a privately 
                        owned or closely held covered entity, a 
                        statement of--
                                    ``(I) each--
                                            ``(aa) asset of the covered 
                                        entity; and
                                            ``(bb) liability of the 
                                        covered entity;
                                    ``(II) all--
                                            ``(aa) income from sources 
                                        within the United States, as 
                                        described in section 861 of the 
                                        Internal Revenue Code of 1986; 
                                        and
                                            ``(bb) income from sources 
                                        without the United States, as 
                                        described in section 862 of the 
                                        Internal Revenue Code of 1986;
                                    ``(III) the name of each co-owner 
                                or co-member of the covered entity; and
                                    ``(IV) for any co-owner or co-
                                member described in subclause (III) 
                                that is not a natural person, the name 
                                of each natural person that controls, 
                                directly or indirectly, the co-owner or 
                                co-member.
                    ``(B) Close family members.--In addition to the 
                information described in subparagraph (A), the Director 
                of the Office of Public Integrity may, on a case-by-
                case basis and in accordance with the regulations 
                promulgated under paragraph (3), require that a Member 
                of Congress include in each report required to be filed 
                under this title by the Member of Congress the 
                information described in subparagraph (A) with respect 
                to any covered entity--
                            ``(i) in which a close family member of the 
                        Member of Congress has a significant direct or 
                        indirect ownership interest; and
                            ``(ii) that has gross receipts that meet or 
                        exceed the threshold value established by 
                        regulations promulgated pursuant to paragraph 
                        (3).
                    ``(C) Failure to disclose.--If an income tax return 
                is not disclosed under subparagraph (A)(ii), the 
                Director of the Office of Public Integrity shall submit 
                to the Secretary of the Treasury a request that the 
                Secretary of the Treasury provide the Director of the 
                Office of Public Integrity with a copy of the income 
                tax return.
                    ``(D) Publicly available.--All information, 
                including any income tax return, described in this 
                subsection required to be included in a report under 
                this title shall be filed with the Director of the 
                Office of Public Integrity and made publicly available 
                in the same manner as the information described in 
                subsections (a) and (b) of section 102.
                    ``(E) Redaction of certain information.--
                            ``(i) In general.--Before making any 
                        information, including any income tax return, 
                        described in this paragraph required to be 
                        included in a report under this title available 
                        to the public, the Director of the Office of 
                        Public Integrity shall redact--
                                    ``(I) if the information contained 
                                in the report contains a trade secret 
                                the disclosure of which is likely to 
                                cause substantial harm to the 
                                competitive position of the covered 
                                entity to which the information 
                                contained in the report pertains, the 
                                information relating to the trade 
                                secret; and
                                    ``(II) such information as the 
                                Director of the Office of Public 
                                Integrity, in consultation with the 
                                Secretary of the Treasury, determines 
                                appropriate.
                            ``(ii) Request for redaction.--A Member of 
                        Congress submitting a report under this title 
                        that contains information, including any income 
                        tax return, described in this paragraph that 
                        contains a trade secret described in clause 
                        (i)(I) may request that the Director of the 
                        Office of Public Integrity redact the 
                        information relating to the trade secret.
            ``(2) Candidates.--
                    ``(A) In general.--On and after the date that is 
                180 days after the date on which the Director of the 
                Office of Public Integrity, in consultation with the 
                Federal Election Commission, promulgates regulations 
                under paragraph (3), not later than 15 days after the 
                date on which a covered candidate is nominated, the 
                covered candidate shall amend the report filed by the 
                covered candidate under section 101(c) with the Federal 
                Election Commission to include, with respect to the 
                years described in subparagraph (B)--
                            ``(i) a statement of the name of any 
                        covered entity--
                                    ``(I) in which the covered 
                                candidate has a significant direct or 
                                indirect ownership interest; and
                                    ``(II) that has gross receipts that 
                                meet or exceed the threshold value 
                                established by regulations promulgated 
                                pursuant to paragraph (3);
                            ``(ii) a copy of any income tax return 
                        filed by a covered entity described in clause 
                        (i) for any taxable year ending with or within 
                        such years; and
                            ``(iii) in the case of a covered entity 
                        described in clause (i) that is a privately 
                        owned or closely held covered entity, a 
                        statement of--
                                    ``(I) each--
                                            ``(aa) asset of the covered 
                                        entity; and
                                            ``(bb) liability of the 
                                        covered entity;
                                    ``(II) all--
                                            ``(aa) income from sources 
                                        within the United States, as 
                                        described in section 861 of the 
                                        Internal Revenue Code of 1986; 
                                        and
                                            ``(bb) income from sources 
                                        without the United States, as 
                                        described in section 862 of the 
                                        Internal Revenue Code of 1986;
                                    ``(III) the name of each co-owner 
                                or co-member of the covered entity; and
                                    ``(IV) for any co-owner or co-
                                member described in subclause (III) 
                                that is not a natural person, the name 
                                of each natural person that controls, 
                                directly or indirectly, the co-owner or 
                                co-member.
                    ``(B) Applicable years.--The years described in 
                this subparagraph are as follows:
                            ``(i) In the case of a report filed under 
                        section 101(c) by a covered candidate for the 
                        office of President or Vice President, the 8 
                        years preceding the date on which the report is 
                        filed.
                            ``(ii) In the case of a report filed under 
                        section 101(c) by a covered candidate for the 
                        office of Member of Congress, the 2 years 
                        preceding the date on which the report is 
                        filed.
                    ``(C) Close family members.--In addition to the 
                information described in subparagraph (A), the Federal 
                Election Commission may, on a case-by-case basis and in 
                accordance with the regulations promulgated under 
                paragraph (3), require that a covered candidate include 
                in each report required to be filed under section 
                101(c) by the covered candidate the information 
                described in subparagraph (A) with respect to any 
                covered entity--
                            ``(i) in which a close family member of the 
                        covered candidate has a significant direct or 
                        indirect ownership interest; and
                            ``(ii) that has gross receipts that meet or 
                        exceed the threshold value established by 
                        regulations promulgated pursuant to paragraph 
                        (3).
                    ``(D) Failure to disclose.--If an income tax return 
                is not disclosed under subparagraph (A)(ii), the 
                Chairman of the Federal Election Commission shall 
                submit to the Secretary of the Treasury a request that 
                the Secretary of the Treasury provide the Federal 
                Election Commission with a copy of the income tax 
                return.
                    ``(E) Publicly available.--All information, 
                including any income tax return, described in this 
                subsection required to be included in a report under 
                section 101(c) shall be filed with the Federal Election 
                Commission and made publicly available in the same 
                manner as the information described in subsections (a) 
                and (b) of section 102.
                    ``(F) Redaction of certain information.--
                            ``(i) In general.--Before making any 
                        information, including any income tax return, 
                        described in this paragraph required to be 
                        included in a report under section 101(c) 
                        available to the public, the Federal Election 
                        Commission shall redact--
                                    ``(I) if the information contained 
                                in the report contains a trade secret 
                                the disclosure of which is likely to 
                                cause substantial harm to the 
                                competitive position of the covered 
                                entity to which the information 
                                contained in the report pertains, the 
                                information relating to the trade 
                                secret; and
                                    ``(II) such information as the 
                                Federal Election Commission, in 
                                consultation with the Secretary of the 
                                Treasury, determines appropriate.
                            ``(ii) Request for redaction.--A covered 
                        candidate submitting a report under section 
                        101(c) that contains information, including any 
                        income tax return, described in this paragraph 
                        that contains a trade secret described in 
                        clause (i)(I) may request that the Federal 
                        Election Commission redact the information 
                        relating to the trade secret.
            ``(3) Regulations.--Not later than 120 days after the date 
        of enactment of this section, the Director of the Office of 
        Public Integrity shall, in consultation with the Federal 
        Elections Commission, promulgate regulations to--
                    ``(A) establish each threshold value for purposes 
                of--
                            ``(i) subparagraphs (A)(i)(II) and (B)(ii) 
                        of paragraph (1); and
                            ``(ii) subparagraphs (A)(i)(II) and (C)(ii) 
                        of paragraph (2);
                    ``(B) define the term `significant direct or 
                indirect interest';
                    ``(C) ensure that information described in this 
                subsection that is required to be contained in a report 
                filed under this title does not--
                            ``(i) disclose any trade secret that is 
                        likely to cause substantial harm to the 
                        competitive position of the covered entity to 
                        which it pertains; or
                            ``(ii) violate the privacy of any 
                        individual who is not the reporting individual 
                        who files the report; and
                    ``(D) prescribe appropriate circumstances in which 
                to require a Member of Congress or covered candidate to 
                provide information under paragraph (1)(B) or (2)(C).

``SEC. 102C. DISCLOSURE RELATING TO COVERED ORGANIZATIONS ASSOCIATED 
              WITH COVERED CANDIDATES.

    ``(a) Definitions.--In this section--
            ``(1) the term `covered candidate' has the meaning given 
        the term in section 102A(a);
            ``(2) the term `covered organization' means an organization 
        required to--
                    ``(A) file an income tax return under section 6033 
                of the Internal Revenue Code of 1986; and
                    ``(B) include information under subsection (e) 
                thereof;
            ``(3) the term `income tax return' has the meaning given 
        the term in section 102A(a); and
            ``(4) the term `key employee' means--
                    ``(A) an individual who is 1 of the 5 individuals 
                receiving the highest amount of compensation paid by a 
                covered organization; or
                    ``(B) an individual receiving compensation paid by 
                a covered organization in an amount that exceeds 
                $100,000.
    ``(b) Disclosure.--
            ``(1) In general.--Not later than 15 days after the date on 
        which a covered candidate is nominated, the covered candidate 
        shall amend the report filed by the covered candidate under 
        section 101(c) with the Federal Election Commission to 
        include--
                    ``(A) a statement identifying each covered 
                organization of which the covered candidate has been an 
                officer, director, trustee, board member, or key 
                employee during the 2 years preceding the date on which 
                the report is filed; and
                    ``(B) for each covered organization identified 
                under subparagraph (A), a copy of each income tax 
                return required to be filed by the covered organization 
                under section 6033 of the Internal Revenue Code of 1986 
                for each taxable year ending with or within any taxable 
                years described in subparagraph (A) in which the 
                covered candidate was an officer, director, trustee, 
                board member, or key employee of the covered 
                organization.
            ``(2) Failure to disclose.--If an income tax return is not 
        disclosed under paragraph (1)(B), the Federal Election 
        Commission shall submit to the Secretary of the Treasury a 
        request that the Secretary of the Treasury provide the Federal 
        Election Commission with the income tax return.
            ``(3) Publicly available.--
                    ``(A) In general.--All information, including any 
                income tax return, described in this subsection 
                required to be included in a report under section 
                101(c) shall be filed with the Federal Election 
                Commission and made publicly available in the same 
                manner as the information described in section 102(b).
                    ``(B) Income tax returns.--The Director of the 
                Office of Public Integrity shall make a copy of each 
                income tax return described in paragraph (1)(B) 
                included in a report filed under section 101(c) 
                publicly available on the website described in section 
                402(b)(19) until--
                            ``(i) the date on which the reporting 
                        individual ceases to be a covered candidate; or
                            ``(ii) if the reporting individual is 
                        elected to the office for which the reporting 
                        individual was a covered candidate, the date on 
                        which the reporting individual ceases to serve 
                        in the office for which the reporting 
                        individual was a covered candidate.
            ``(4) Redaction.--Before making any information, including 
        any income tax return, described in this subsection required to 
        be included in a report under section 101(c) available to the 
        public, the Federal Election Commission shall redact such 
        information as the Federal Election Commission, in consultation 
        with the Secretary of the Treasury and the Director of the 
        Office of Public Integrity, determines appropriate.''.
    (b) Authority To Disclose Information.--Paragraph (23) of section 
6103(l) of the Internal Revenue Code of 1986, as added by section 602, 
is amended by adding at the end the following new subparagraphs:
                    ``(C) Disclosure of returns of covered entities 
                associated with members of congress and covered 
                candidates.--
                            ``(i) In general.--
                                    ``(I) Covered entities associated 
                                with members of congress.--The 
                                Secretary shall, upon written request 
                                from the Director of the Office of 
                                Public Integrity pursuant to section 
                                102B(b)(1)(C) of the Ethics in 
                                Government Act of 1978 provide to 
                                officers and employees of the Office of 
                                Public Integrity a copy of any income 
                                tax return of a covered entity (as 
                                defined in section 102B(a) of such Act) 
                                that relates to a year described in 
                                section 102B(b)(1)(A) of such Act and 
                                is required to be filed under section 
                                102B(b) of such Act.
                                    ``(II) Covered entities associated 
                                with covered candidates.--The Secretary 
                                shall, upon written request from the 
                                Chairman of the Federal Election 
                                Commission pursuant to section 
                                102B(b)(2)(D) of the Ethics in 
                                Government Act of 1978 provide to 
                                officers and employees of the Federal 
                                Election Commission a copy of any 
                                income tax return of a covered entity 
                                (as defined in section 102B(a) of such 
                                Act) that relates to a year described 
                                in section 102B(b)(2)(B) of such Act 
                                and is required to be filed under 
                                section 102B(b) of such Act.
                            ``(ii) Disclosure to public.--The Director 
                        of the Office of Public Integrity and the 
                        Chairman of the Federal Election Commission may 
                        disclose to the public the income tax return of 
                        any covered entity (as so defined) that is 
                        required to be filed pursuant to section 
                        102B(b) of the Ethics in Government Act of 
                        1978.
                    ``(D) Disclosure of returns of covered 
                organizations associated with covered candidates.--
                            ``(i) In general.--The Secretary shall, 
                        upon written request from the Chairman of the 
                        Federal Election Commission pursuant to section 
                        102C(b)(2) of the Ethics in Government Act of 
                        1978, provide to officers and employees of the 
                        Federal Election Commission copies of any 
                        income tax return required to be filed under 
                        section 6033 by an organization described in 
                        clause (iii) for any year taxable year ending 
                        with or within the period described in section 
                        102C(b)(1)(B) of such Act.
                            ``(ii) Disclosure to public.--The Federal 
                        Election Commission may disclose to the public 
                        income tax returns of any organization 
                        described in clause (iii) that is required to 
                        be filed with the Commission pursuant to 
                        section 102C(b) of the Ethics in Government Act 
                        of 1978.
                            ``(iii) Organization described.--An 
                        organization is described in this clause if 
                        such organization is a covered organization (as 
                        defined in section 102C(a) of the Ethics in 
                        Government Act of 1978) of which a person who 
                        has been nominated as a covered candidate (as 
                        defined in section 102A(a) of such Act) has 
                        been an officer, director, trustee, board 
                        member, or key employee (as defined in section 
                        102C(a) of such Act) during the period 
                        described in section 102C(b)(1)(A) of such 
                        Act.''.
    (c) Provision of Financial Disclosures to the Federal Election 
Commission.--Section 103(j) of the Ethics in Government Act of 1978 (5 
U.S.C. App.) is amended--
            (1) in paragraph (1), by adding at the end the following: 
        ``In the case of a report filed under this title with the Clerk 
        of the House of Representatives by a covered candidate, as 
        defined in section 102A(a), a copy of the report shall also be 
        sent by the Clerk to the Federal Election Commission within the 
        7-day period beginning on the day the report is filed.''; and
            (2) in paragraph (2), by adding at the end the following: 
        ``In the case of a report filed under this title with the 
        Secretary of the Senate by a covered candidate, as defined in 
        section 102A(a), a copy of the report shall also be sent by the 
        Secretary to the Federal Election Commission within the 7-day 
        period beginning on the day the report is filed.''.

      Subtitle B--Think Tank, Nonprofit, and Advocate Transparency

SEC. 611. AMENDMENTS TO THE LOBBYING DISCLOSURE ACT OF 1995.

    (a) Enforcement Report.--Section 6(b) of the Lobbying Disclosure 
Act of 1995 (2 U.S.C. 1605(b)) is amended--
            (1) by striking paragraph (1) and inserting the following:
            ``(1) Reports.--
                    ``(A) In general.--Subject to subparagraph (B), 
                after the end of each semiannual period beginning on 
                January 1 and July 1, the Attorney General, in 
                consultation with the Director of the Office of Public 
                Integrity, shall submit to each congressional committee 
                referred to in paragraph (2) a report that includes, 
                for that semiannual period a statement of--
                            ``(i) the aggregate number of enforcement 
                        actions taken by the Department of Justice 
                        under this Act; and
                            ``(ii) by case, any sentence or fine 
                        imposed in each such enforcement action.
                    ``(B) Information not already a matter of public 
                record.--A report submitted under subparagraph (A) may 
                not include the name of any individual, or any 
                personally identifiable information, that is not 
                already a matter of public record, as of the date on 
                which the report is submitted.''; and
            (2) in paragraph (2)--
                    (A) by striking ``paragraph (1)'' and inserting 
                ``paragraph (1)(A)''; and
                    (B) by inserting ``and the Committee on Oversight 
                and Reform'' after ``Committee on the Judiciary''.
    (b) Reports by Think Tank, Nonprofit, and Advocacy Groups.--The 
Lobbying Disclosure Act of 1995 (2 U.S.C. 1601 et seq.) is amended--
            (1) by redesignating sections 6 through 28 (2 U.S.C. 1605 
        et seq.), as amended by title II of this Act, as sections 7 
        through 29, respectively; and
            (2) by inserting after section 5 (2 U.S.C. 1604) the 
        following:

``SEC. 6. REPORTS BY THINK TANK, NONPROFIT, AND ADVOCACY GROUPS.

    ``(a) Definition.--In this section--
            ``(1) the term `covered organization' means any 
        organization--
                    ``(A) that is described in paragraph (3), (4), or 
                (6) of section 501(c) of the Internal Revenue Code of 
                1986 and exempt from tax under section 501(a) of such 
                Code; and
                    ``(B) that--
                            ``(i) engages in lobbying activities; or
                            ``(ii) is a client; and
            ``(2) the term `covered product' means any communication 
        that is--
                    ``(A) made to a covered legislative branch official 
                or covered executive branch official in the course of 
                any lobbying contact by, or on behalf of, a covered 
                organization;
                    ``(B) testimony--
                            ``(i) given by, or on behalf of, a covered 
                        organization before a committee, subcommittee, 
                        or task force of Congress; or
                            ``(ii) submitted by, or on behalf of, a 
                        covered organization for inclusion in the 
                        public record of a hearing conducted by such 
                        committee, subcommittee, or task force; or
                    ``(C) made by, or on behalf of, a covered 
                organization 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.
    ``(b) Reports.--Not later than 1 year after the date of enactment 
of this section, and not later than January 30th of each year 
thereafter, or on the first business day after January 30th if January 
30th is not a business day, each covered organization shall submit to 
the Director of the Office of Public Integrity a report for the 
preceding calendar year that includes, with respect to each covered 
product made or given by, or on behalf of, the covered organization 
during that year--
            ``(1) the name of each donor who donated any amount that 
        was--
                    ``(A) used to pay the cost of making or giving the 
                covered product; and
                    ``(B) donated with the intention of supporting any 
                lobbying activity by the covered organization; and
            ``(2) a statement of whether, before the date on which the 
        covered product was made or given, any existing or potential 
        donor to the covered organization previewed, commented on, 
        reviewed, or edited the covered product.
    ``(c) Disclosure.--The information required to be submitted with 
respect to a covered product under subsection (b)(2) shall be included 
on or with that covered product.''.
    (c) Technical and Conforming Amendment.--Section 25(b) of the 
Lobbying Disclosure Act of 1995, as so redesignated, is amended, in the 
matter preceding paragraph (1), by striking ``9, 10, 11, and 12'' and 
inserting ``10, 11, 12, and 13''.

SEC. 612. AMENDMENTS TO THE INTERNAL REVENUE CODE OF 1986.

    (a) Inclusion of Lobbying Information on Annual Returns of 
Charitable Organizations.--Section 6033(b)(5) of the Internal Revenue 
Code of 1986 is amended--
            (1) by striking ``and'' before ``the names''; and
            (2) by inserting ``and, if it engages in lobbying 
        activities (as defined in section 3 of the Lobbying Disclosure 
        Act of 1995) or is a client (as defined in such section), a 
        statement of whether any such contribution was intended to 
        support any lobbying activity (as so defined) or lobbying 
        contact (as defined in such section) by or on behalf of it, 
        and, if so, a description of such lobbying activity or lobbying 
        contact'' after ``substantial contributors,''.
    (b) Effective Date.--The amendments made by this section shall 
apply to returns required to be filed for taxable years ending on or 
after the date that is 1 year after the date of the enactment of this 
Act.

               Subtitle C--Strengthening FOIA Enforcement

SEC. 621. STRENGTHENING FOIA ENFORCEMENT.

    (a) In General.--Section 552 of title 5, United States Code 
(commonly known as the ``Freedom of Information Act'') is amended--
            (1) in subsection (a)--
                    (A) in paragraph (4)--
                            (i) in subparagraph (B), in the first 
                        sentence--
                                    (I) by striking ``and to order'' 
                                and inserting ``, to order''; and
                                    (II) by inserting before the period 
                                at the end the following: ``, to order 
                                an agency to make available for public 
                                inspection, including by posting 
                                electronically, the records described 
                                in paragraph (2), to make available to 
                                the public on the website of the agency 
                                the records described in subsection 
                                (p), and to award other appropriate 
                                equitable relief''; and
                            (ii) in subparagraph (F)(i), in the first 
                        sentence--
                                    (I) by inserting ``, orders an 
                                agency to make available for public 
                                inspection, including by posting 
                                electronically, the records described 
                                in paragraph (2), or orders an agency 
                                to make available to the public on the 
                                website of the agency the records 
                                described in subsection (p),'' after 
                                ``improperly withheld from the 
                                complainant''; and
                                    (II) by inserting ``or 
                                unavailability of records'' after ``the 
                                withholding'' each place that term 
                                appears; and
                    (B) in paragraph (6), by adding at the end the 
                following:
            ``(G)(i) Notwithstanding any determination made under 
        subparagraph (A)(i), or any appeal to such a determination 
        under subparagraph (A)(ii), the Office of Government 
        Information Services established under subsection (h) shall 
        require an agency to comply with a request for records made 
        under paragraph (1), (2), or (3), or any other requirement of 
        this subsection, if the Office determines that the agency has 
        not reasonably and impartially complied with the requirements 
        of this subsection.
            ``(ii) If the Office makes a determination under clause (i) 
        that an agency has not reasonably or impartially complied with 
        a request for records made under paragraph (1), (2), or (3), or 
        any other requirement of this subsection, and requires the 
        agency to comply with that request or requirement, the Office 
        shall make available to the public on the website of the Office 
        that determination and any response and regular update by the 
        agency of compliance by the agency.
            ``(iii) Nothing in clause (i) or (ii) shall be construed to 
        prevent or restrict the ability of an individual to bring a 
        suit to compel the disclosure of records under this section.'';
            (2) in subsection (d), by inserting ``any Member of'' 
        before ``Congress'';
            (3) in subsection (h)(3)--
                    (A) by inserting ``(A)'' before ``The Office''; and
                    (B) by adding at the end the following:
            ``(B) The Director of the Office of Public Integrity, or a 
        designee of the Director, may submit a non-binding 
        recommendation to the Office of Government Information Services 
        regarding the disclosure of information under this section 
        during a mediation service provided under subparagraph (A).''; 
        and
            (4) by adding at the end the following:
    ``(n) Each agency shall maintain and make available through a 
single website, which may be the website described in subsection (m) 
and shall be managed by the Office of Public Integrity, an agency 
record database that--
            ``(1) contains a log of the status of each open request for 
        records from the agency under this section; and
            ``(2) makes each request for records under this section 
        with which the agency complies available in a format that is 
        searchable, sortable, machine-readable, and downloadable not 
        later than 60 days after the date on which the request is first 
        received by the agency.''.

SEC. 622. EXEMPTIONS FROM DISCLOSURE.

    (a) In General.--Section 552(b) of title 5, United States Code, is 
amended--
            (1) in paragraph (3)(B), by inserting ``with an explanation 
        for the exemption'' after ``specifically cites to this 
        paragraph'';
            (2) in paragraph (4), by inserting before the semicolon at 
        the end the following: ``, only if disclosure of the commercial 
        or financial information is likely to cause substantial harm to 
        the competitive position of the person from whom the 
        information was obtained'';
            (3) in paragraph (5)--
                    (A) by striking ``provided that the deliberative 
                process privilege shall not apply to records created 25 
                years or more before the date on which the records were 
                requested'' and inserting ``and excluding--
            ``(A) any opinion that is a controlling interpretation of 
        law;
            ``(B) any final report or memorandum created by an entity 
        other than the agency, including other Governmental entities, 
        at the request of the agency and used to make a final policy 
        decision;
            ``(C) any guidance document used by the agency to respond 
        to the public; and
            ``(D) any record created not less than 25 years before the 
        date on which the records were requested'';
            (4) in paragraph (6), by striking ``similar files'' and 
        inserting ``personal information, such as personal contact 
        information or personal financial information,'';
            (5) in paragraph (7)--
                    (A) in subparagraph (E)--
                            (i) by inserting a comma before ``if 
                        such''; and
                            (ii) by inserting ``and the record or 
                        information was created less than 25 years 
                        before the date on which the records were 
                        requested'' after ``circumvention of the law''; 
                        and
                    (B) by adding ``or'' at the end;
            (6) by striking paragraph (8);
            (7) by redesignating paragraph (9) as paragraph (8); and
            (8) in the flush text following paragraph (8), as so 
        redesignated--
                    (A) by inserting before ``Any reasonably segregable 
                portion'' the following: ``An agency may not withhold 
                information under this subsection unless the agency 
                reasonably foresees that disclosure would cause 
                specific identifiable harm to an interest protected by 
                an exemption, or if disclosure is prohibited by law.''; 
                and
                    (B) by inserting before ``If technically 
                feasible,'' the following: ``For each record withheld 
                in whole or in part under paragraph (3), the agency 
                shall identify the statute that exempts the record from 
                disclosure.''.
    (b) Technical and Conforming Amendments.--
            (1) Energy policy and conservation act.--Section 
        254(a)(2)(A) of the Energy Policy and Conservation Act (42 
        U.S.C. 6274(a)(2)(A)) is amended by striking ``(b)(9)'' and 
        inserting ``(b)(8)''.
            (2) Federal credit union act.--Section 216(j)(3)(A) of the 
        Federal Credit Union Act (12 U.S.C. 1790d(j)(3)(A)) is 
        amended--
                    (A) by striking ``; or'' and all that follows and 
                inserting a period; and
                    (B) by striking ``excising'' and all that follows 
                through ``any portion'' and inserting ``excising any 
                portion''.
            (3) Securities exchange act of 1934.--Section 24 of the 
        Securities Exchange Act of 1934 (15 U.S.C. 78x) is amended--
                    (A) in subsection (d), by striking ``(g)'' and 
                inserting ``(f)'';
                    (B) by striking subsection (e); and
                    (C) by redesignating subsections (f) and (g) as 
                subsections (e) and (f), respectively.

SEC. 623. PUBLIC INTEREST BALANCING TEST.

    Section 552 of title 5, United States Code (commonly known as the 
``Freedom of Information Act''), as amended by this subtitle, is 
amended--
            (1) in subsection (b), in the matter preceding paragraph 
        (1), by striking ``This section'' and inserting ``Subject to 
        subsection (o), this section''; and
            (2) by adding at the end the following:
    ``(o)(1) Notwithstanding the applicability of an exemption from 
disclosure under subsection (b), an agency shall make available a 
record or any segregable portion of a record if the public interest in 
disclosure clearly outweighs the interest protected by the exemption.
    ``(2) In evaluating the public interest in disclosing a record or a 
portion of a record under paragraph (1), an agency and courts shall 
consider--
            ``(A) the extent to which access to the record will further 
        public understanding of the operations or decision making of an 
        agency or Government official;
            ``(B) the extent to which the age of the record diminishes 
        the rationale for withholding the record;
            ``(C) any reasonable suspicion of governmental wrongdoing;
            ``(D) the importance of the record to the public in order 
        for the public to make informed decisions with respect to the 
        electoral and democratic process; and
            ``(E) any other factors that the agency or court determines 
        necessary.''.

SEC. 624. AFFIRMATIVE DISCLOSURE OF AGENCY RECORDS ON WEBSITE.

    Section 552 of title 5, United States Code (commonly known as the 
``Freedom of Information Act''), as amended by this subtitle, is 
amended by adding at the end the following:
    ``(p)(1) Each agency shall make available to the public on the 
website of the agency--
            ``(A) information relating to each advisory committee (as 
        defined in section 3 of the Federal Advisory Committee Act (5 
        U.S.C. App.)) of the agency, including--
                    ``(i) the charter of the advisory committee and a 
                description of the activities of the advisory 
                committee;
                    ``(ii) the name and basic biography of each member 
                of the advisory committee, and any conflict of 
                interest, ethics waiver, or recusal information 
                relating to each member;
                    ``(iii) the meeting agendas, minutes, transcripts, 
                and any recordings of the advisory committee;
                    ``(iv) any upcoming events of the advisory 
                committee;
                    ``(v) timelines of any ongoing advisory committee 
                work; and
                    ``(vi) a full list of nominated members of the 
                advisory committee and the final selected membership of 
                the advisory committee;
            ``(B) information relating to Federal contracts of the 
        agency, including--
                    ``(i) a copy of each contract, task, and delivery 
                order;
                    ``(ii) information on past performance of 
                contractors, if available; and
                    ``(iii) except for information that is exempt from 
                disclosure under subsection (b)(4), all correspondence 
                and documents related to the provision of services to 
                the Federal Government by contractors earning--
                            ``(I) $10,000,000 during a 1-year period 
                        under a Federal contract or license; or
                            ``(II) more than 20 percent of total 
                        revenue of the contractor from Federal sources;
            ``(C) ethics documents maintained by the Office of Public 
        Integrity, including--
                    ``(i) final submissions of ethics paperwork for an 
                individual in a position on any level of the Executive 
                Schedule under subchapter II of chapter 53 of this 
                title;
                    ``(ii) waivers; and
                    ``(iii) any document granting a recusal on a 
                specific issue for an individual in a position on any 
                level of the Executive Schedule under subchapter II of 
                chapter 53 of this title;
            ``(D) basic employee organizational charts and office 
        contact information, including--
                    ``(i) charts that minimally include the names, job 
                titles, and salaries of all noncareer appointees and 
                career appointees, as defined in section 3132 of this 
                title; and
                    ``(ii) front office contact information for every 
                office within the agency;
            ``(E) each communication sent to Congress or to a committee 
        of Congress, including--
                    ``(i) congressional testimony;
                    ``(ii) each unclassified report submitted to 
                Congress, as required by statute; and
                    ``(iii) each response to questions for 
                congressional hearing records, provided that the 
                response does not include individual casework or 
                constituent information; and
            ``(F) human resources data of the agency, in the aggregate, 
        including--
                    ``(i) the number of involuntary transfers, hires, 
                and voluntary and involuntary departures each quarter; 
                and
                    ``(ii) information on the racial, ethnic, and 
                gender diversity with respect to hires, departures, and 
                involuntary transfers.
    ``(2) If an agency is unable to maintain a website described in 
paragraph (1) due to resource constraints, the agency shall submit the 
information required to be made available under paragraph (1) to the 
Director of the Office of Public Integrity, who shall make the 
information available on a website managed by the Office of Public 
Integrity, such as the website described in subsection (m).''.

SEC. 625. APPLICABILITY.

    This subtitle and the amendments made by this subtitle shall apply 
on and after the date of enactment of this Act.

              Subtitle D--Federal Contractor Transparency

SEC. 631. EXPANDING APPLICABILITY OF THE FREEDOM OF INFORMATION ACT TO 
              FEDERAL CONTRACTORS.

    (a) Definition of Agency.--In this section, the term ``agency'' has 
the meaning given the term in section 552(f) of title 5, United States 
Code.
    (b) Applicability of FOIA.--A record relating to a Federal 
contractor, including a record relating to a non-Federal prison, 
correctional, or detention facility, produced during fulfillment of the 
Federal contract with an agency with funds provided under the contract 
shall be--
            (1) considered a record for purposes of section 552(f)(2) 
        of title 5, United States Code, whether in the possession of 
        the Federal contractor or an agency; and
            (2) subject to section 552 of title 5, United States Code 
        (commonly known as the ``Freedom of Information Act''), to the 
        same extent as if the record was maintained by an agency.
    (c) Withholding of Information.--An agency may not withhold 
information that would otherwise be required to be disclosed under 
subsection (b) unless--
            (1) the agency, based on the independent assessment of the 
        agency, reasonably foresees that disclosure of the information 
        would cause specific identifiable harm to an interest protected 
        by an exemption from disclosure under section 552(b) of title 
        5, United States Code; or
            (2) disclosure of the information is prohibited by law.
    (d) Regulations.--
            (1) In general.--An agency may promulgate regulations or 
        guidance to ensure compliance with this section by the agency 
        and Federal contractors.
            (2) Compliance by federal contractors.--
                    (A) In general.--Compliance with this section by an 
                applicable entity shall be included as a material term 
                in any contract, agreement, or renewal of a contract or 
                agreement between the agency and the Federal 
                contractor.
                    (B) Modification of contract or agreement.--Not 
                later than 1 year after the date of enactment of this 
                Act, an agency shall secure a modification to include 
                compliance with this section by a Federal contractor as 
                a material term in any contract or agreement described 
                under subparagraph (A) that will not otherwise be 
                renegotiated, renewed, or modified before the date that 
                is 1 year after the date of enactment of this Act.
    (e) Rule of Construction.--Nothing in this section shall be 
construed to limit or reduce the scope of State or local open records 
laws.

SEC. 632. PUBLIC DISCLOSURE BY LARGE CONTRACTORS.

    (a) Definition.--In this section, the term ``covered contractor'' 
means an entity that earns more than--
            (1) $10,000,000 during a 1-year period under a Federal 
        contract or license; or
            (2) 20 percent of the total revenue of the entity from 
        Federal sources.
    (b) Requirement.--Each covered contractor shall, on an annual 
basis, submit to the Director of the Office of Public Integrity and the 
Administrator of the Office of Federal Procurement Policy--
            (1) any audited financial statements of the covered 
        contractor;
            (2) a listing of the salaries of employees of the covered 
        contractor providing services on Federal contracts that are 
        compensated over $100,000 per year;
            (3) a detailed list of all Federal political spending by 
        the covered contractor; and
            (4) the identity of each beneficial owner of the covered 
        contractor, including--
                    (A) name;
                    (B) current residential or business street address; 
                and
                    (C) whether the beneficial owner is a foreign 
                person.
    (c) Penalty.--The Director of the Office of Management and Budget 
may--
            (1) in consultation with the Administrator of the Office of 
        Federal Procurement Policy and the Director of the Office of 
        Public Integrity, temporarily or indefinitely disqualify a 
        covered contractor from receiving a Federal contract if the 
        Director of the Office of Management and Budget determines that 
        the covered contractor failed to comply with the requirement 
        under subsection (b); and
            (2) reinstate the ability of a covered contractor described 
        in paragraph (1) to receive a Federal contract.

                 Subtitle E--Congressional Transparency

SEC. 641. INCREASED TRANSPARENCY OF COMMITTEE WORK.

    (a) Definitions.--In this section--
            (1) the term ``Committee'' means--
                    (A) a committee of the House of Representatives;
                    (B) a committee of the Senate; and
                    (C) a subcommittee of a committee described in 
                paragraph (1) or (2);
            (2) the term ``covered hearing'' means a public hearing 
        held by a Committee; and
            (3) the term ``covered markup'' means a public markup held 
        by a Committee.
    (b) Schedule.--At the same time as the schedule is made available 
to members of a Committee, but not later than 7 days before the date of 
a covered hearing or covered markup (unless the Chairman and Ranking 
Minority Member of the Committee agree to waive the 7-day requirement), 
each Committee shall make available on the website of the Committee the 
schedule of covered hearings and covered markups of the Committee.
    (c) Information Required for Markups.--At the same time as the 
materials are made available to members of a Committee, but not later 
than 24 hours before the time of a covered markup (unless the Chairman 
and Ranking Minority Member of the Committee agree to waive the 24-hour 
requirement), the Committee shall make available on the website of the 
Committee any bill or resolution to be considered at the covered markup 
and any amendments to such a bill or resolution filed with the 
Committee.
    (d) Additional Required Information.--Not later than 24 hours after 
holding a covered hearing or a covered markup, a Committee shall make 
available on the website of the Committee--
            (1) a description of the topic of the covered hearing or 
        covered markup;
            (2) any legislation related to the covered hearing or 
        covered markup;
            (3) the written testimony of any witness;
            (4) any documents or materials entered into the record;
            (5) any written opening statements of the Chairman or 
        Ranking Minority Member of the Committee; and
            (6) audio and video recordings of the covered hearing or 
        covered markup.
    (e) Transcripts.--Not later than 45 days after holding a covered 
hearing or covered markup, a Committee shall make available on the 
website of the Committee transcripts of the covered hearing or covered 
markup.
    (f) Reported Measures.--Not later than 24 hours after a covered 
markup during which a Committee orders a bill or resolution to be 
reported, the Committee shall post on the website of the Committee--
            (1) each amendment to the bill or resolution that was 
        agreed to, except for technical and conforming changes 
        authorized by the Committee; and
            (2) a record of each vote taken on the bill or resolution 
        or an amendment thereto.
    (g) Comparative Print.--
            (1) In general.--Not later than 45 days after a Committee 
        reports a bill or joint resolution proposing to repeal or amend 
        a statute or part thereof, the Committee shall include in its 
        report or in an accompanying document and make available on the 
        website of the Committee--
                    (A) the entire text of each section of a statute 
                that is proposed to be repealed or amended; and
                    (B) a comparative print of each amendment to a 
                section of a statute that the bill or joint resolution 
                proposes to make, showing by appropriate typographical 
                devices the omissions and insertions proposed.
            (2) Committee amendments.--If a Committee reports a bill or 
        joint resolution proposing to repeal or amend a statute or part 
        thereof with a recommendation that the bill or joint resolution 
        be amended, the comparative print required by paragraph (1) 
        shall reflect the changes in existing law proposed to be made 
        by the bill or joint resolution as proposed to be amended.
            (3) Availability.--Each Committee shall make reasonable 
        efforts to make a comparative print required by paragraph (1) 
        available to the members of the Committee and to the public as 
        early as practicable, and before a covered markup, if 
        practical.
    (h) Questions for the Record.--
            (1) In general.--Except as provided in paragraph (2), for 
        each covered hearing or covered markup, a Committee shall make 
        available on the website of the Committee any response to 
        questions for the record of the covered hearing or covered 
        markup that the Committee receives from a testifying witness.
            (2) Protection of certain information.--Upon agreement by 
        the Chairman and Ranking Minority Member of a Committee, a 
        response described in paragraph (1) may be withheld from the 
        website of the Committee if it includes individual casework or 
        constituent information or information that the Chairman and 
        Ranking Minority Member determine is confidential information.

SEC. 642. INCREASED TRANSPARENCY OF RECORDED VOTES.

    (a) Definition.--In this section, the term ``Member of Congress'' 
means a member of the House of Representatives and a member of the 
Senate.
    (b) Additional Duties of the Clerk of the House of Representatives 
and the Secretary of the Senate.--The Clerk of the House of 
Representatives and the Secretary of the Senate shall make available on 
the website of the Office of the Clerk or of the Secretary, 
respectively, a record of the recorded votes of each Member of Congress 
who is a member of their House of Congress, organized by the name of 
the Member of Congress, in a structured data format, which shall 
include the roll, date, issue, question, result, and title or 
description of the vote.
    (c) Web Link.--Each Member of Congress shall provide a link on the 
website of the Member of Congress to the record of recorded votes of 
the Member of Congress made available by the Clerk of the House of 
Representatives or the Secretary of the Senate, as applicable.
    (d) Effective Date.--This section shall apply to recorded votes by 
Members of Congress occurring after the date of enactment of this Act.

SEC. 643. INCREASED TRANSPARENCY OF APPROPRIATIONS BILLS.

    (a) Inclusion.--The Clerk of the House of Representatives and the 
Secretary of the Senate shall ensure that each report accompanying any 
appropriations bill reported by the Committees on Appropriations of the 
House of Representatives or the Committee on Appropriations of the 
Senate, respectively, includes a formatted spreadsheet showing the 
amounts made available by the bill, in a tabular, digital format that 
shows separate entries for each fiscal year covered by the bill.
    (b) Effective Date.--Subsection (a) shall apply with respect to any 
appropriations bill making funds available for fiscal year 2019 or any 
fiscal year thereafter.

                  TITLE VII--CAMPAIGN FINANCE REFORMS

 Subtitle A--Requirements Relating to Preventing Conflicts of Interest

 PART I--REQUIREMENTS RELATING TO REGISTERED LOBBYISTS AND GOVERNMENT 
                              CONTRACTORS

SEC. 701. REQUIREMENTS RELATING TO REGISTERED LOBBYISTS.

    (a) In General.--Title III of the Federal Election Campaign Act of 
1971 (52 U.S.C. 30101 et seq.), as amended by section 141, is amended 
by adding at the end the following new section:

``SEC. 326. REQUIREMENTS RELATING TO REGISTERED LOBBYISTS.

    ``(a) Prohibition of Contributions or Fundraising by Registered 
Lobbyists.--It shall be unlawful for any registered lobbyist to--
            ``(1) make a contribution to any candidate for Federal 
        office or member of Congress; or
            ``(2) fundraise for any candidate for Federal office, 
        member of Congress, authorized committee of a candidate, 
        leadership PAC, or political party committee.
    ``(b) Prohibition of Soliciting Funds From Lobbyists.--It shall be 
unlawful for any candidate for Federal office, member of Congress, an 
agent of such candidate or member of Congress, or an entity directly or 
indirectly established, financed, maintained, or controlled by or 
acting on behalf of 1 or more such candidates or members of Congress to 
directly solicit funds from any registered lobbyist in connection with 
any election for Federal office.
    ``(c) Definitions.--For purposes of this section:
            ``(1) Registered lobbyist.--The term `registered lobbyist' 
        means a lobbyist, as defined in section 3 of the Lobbying 
        Disclosure Act of 1995 (2 U.S.C. 1602), that is registered or 
        is required to register under section 4(a) of that Act (2 
        U.S.C. 1603(a)).
            ``(2) Other terms.--The terms `fundraise' and `solicit' 
        have the meaning given those terms in section 301.
    ``(d) Clarification.--Nothing in this section shall be construed to 
prohibit--
            ``(1) any person from engaging in volunteer activity on 
        behalf of a candidate or from making communications which 
        provide information about the candidate but which do not 
        include the solicitation of contributions or other fundraising 
        activity in support of the candidate;
            ``(2) any registered lobbyist from making an independent 
        expenditure or fundraising for an independent expenditure; or
            ``(3) any candidate for Federal office, member of Congress, 
        an agent of such candidate or member of Congress, or an entity 
        directly or indirectly established, financed, maintained, or 
        controlled by or acting on behalf of 1 or more such candidates 
        or members of Congress from including registered lobbyists in 
        any mass communication, including a mass communication that 
        solicits a contribution.''.
    (b) Definitions.--Section 301 of the Federal Election Campaign Act 
of 1971 (52 U.S.C. 30101) is amended by adding at the end the following 
new paragraphs:
            ``(27) Fundraise.--The term `fundraise' means--
                    ``(A) hosting or underwriting an event where funds 
                are raised with the intention to contribute such funds 
                to any candidate for Federal office, member of 
                Congress, authorized committee of a candidate, 
                leadership PAC, or political party committee;
                    ``(B) transmitting or delivering a contribution to 
                any candidate for Federal office, member of Congress, 
                authorized committee of a candidate, leadership PAC, or 
                political party committee from another person;
                    ``(C) making or sending a communication soliciting 
                contributions for any candidate for Federal office, 
                member of Congress, authorized committee of a 
                candidate, leadership PAC, or political party 
                committee; or
                    ``(D) otherwise directly or indirectly soliciting, 
                transmitting, or facilitating a contribution to any 
                candidate for Federal office, member of Congress, 
                authorized committee of a candidate, leadership PAC, or 
                political party committee.
            ``(28) Solicit.--The term `solicit' means to directly or 
        indirectly ask, request, or recommend, explicitly or 
        implicitly, that another person make a contribution, donation, 
        transfer of funds, or otherwise provide anything of value.''.

SEC. 702. DISCLOSURE OF POLITICAL SPENDING BY GOVERNMENT CONTRACTORS.

    Section 735 of division D of the Consolidated Appropriations Act, 
2019 is repealed.

SEC. 703. REPEAL OF RESTRICTION OF USE OF FUNDS BY INTERNAL REVENUE 
              SERVICE TO BRING TRANSPARENCY TO POLITICAL ACTIVITY OF 
              CERTAIN NONPROFIT ORGANIZATIONS.

    Section 124 of the Financial Services and General Government 
Appropriations Act, 2019 (division D of Public Law 116-6) is hereby 
repealed.

SEC. 704. REPEAL OF REVENUE PROCEDURE THAT ELIMINATED REQUIREMENT TO 
              REPORT INFORMATION REGARDING CONTRIBUTORS TO CERTAIN TAX-
              EXEMPT ORGANIZATIONS.

    Revenue Procedure 2018-38 shall have no force and effect.

             PART II--REQUIREMENTS RELATING TO CORPORATIONS

SEC. 711. BANNING CORPORATIONS FROM FUNDRAISING.

    Section 316(a) of the Federal Election Campaign Act of 1971 (52 
U.S.C. 30118(a)) is amended by inserting the following before the 
period at the end: ``, or for any corporation to fundraise (as defined 
in section 301) for any candidate for Federal office or member of 
Congress''.

SEC. 712. BANNING CONTRIBUTIONS TO MEMBERS OF CONGRESS FROM 
              CORPORATIONS UNDER THE JURISDICTION OF THEIR COMMITTEES.

    (a) Prohibition.--
            (1) In general.--Title III of the Federal Election Campaign 
        Act of 1971 (52 U.S.C. 30101 et seq.), as amended by sections 
        141 and 701, is amended by adding at the end the following new 
        section:

``SEC. 327. PROHIBITING CAMPAIGN CONTRIBUTIONS TO MEMBERS OF CONGRESS 
              BY PERSONS WITH FINANCIAL INTERESTS IN CATEGORIES OF 
              BUSINESS UNDER JURISDICTION OF COMMITTEES ON WHICH 
              MEMBERS SERVE.

    ``(a) Prohibiting Contributions and Solicitation of 
Contributions.--
            ``(1) Contributions.--No person shall make a contribution 
        to a member of Congress, an authorized committee of a member of 
        Congress, or a leadership PAC of a member of Congress unless, 
        at the time the person makes the contribution, the person 
        certifies under penalty of perjury that the person is not 
        affiliated with a corporation (other than a nonprofit 
        corporation) or a membership organization described in section 
        501(c)(6) of the Internal Revenue Code of 1986 and exempt from 
        tax under section 501(a) of such Code any member of which is a 
        corporation which has a financial interest in a category of 
        business which is under the jurisdiction of a committee of 
        Congress on which the member serves.
            ``(2) Solicitation of contributions.--A member of Congress 
        may not solicit from a person any contribution, including a 
        contribution to an authorized committee of the member, a 
        leadership PAC of the member, a political committee of a 
        political party, or any other political committee, if the 
        member knows or reasonably should know that the person has a 
        financial interest in a category of business which is under the 
        jurisdiction of a committee of Congress on which the member 
        serves.
            ``(3) Solicitation of donations to certain foundations and 
        other nonprofit organizations.--
                    ``(A) Solicitations prohibited.--A member of 
                Congress may not solicit from a person any donation to 
                a foundation or other nonprofit organization whose 
                governing board includes the member or an immediate 
                family member of the member if the member knows or 
                reasonably should know that the person has a financial 
                interest in a category of business which is under the 
                jurisdiction of a committee of Congress on which the 
                Member serves.
                    ``(B) Definitions.--For purposes of this 
                paragraph--
                            ``(i) the term `immediate family member' 
                        means, with respect to a member of Congress, a 
                        parent, child, sibling, spouse, or parent-in-
                        law; and
                            ``(ii) the term `nonprofit organization' 
                        means an organization which is described in 
                        section 501(c) of the Internal Revenue Code of 
                        1986 and exempt from taxation under section 
                        501(a) of such Code.
            ``(4) Determination of categories of businesses under 
        committee jurisdiction.--For purposes of this subsection, the 
        determination as to whether a category of business is under the 
        jurisdiction of a committee of Congress shall be based on the 
        most recent report filed with the Commission by the Committee 
        on Ethics of the House of Representatives or the Select 
        Committee on Ethics of the Senate under section 712(b) of the 
        Anti-Corruption and Public Integrity Act.
    ``(b) Description of Persons Affiliated With a Corporation or Trade 
Association.--For purposes of subsection (a), a person is affiliated 
with a corporation (other than a nonprofit corporation) or membership 
organization if the person is any of the following:
            ``(1) A separate segregated fund established by the 
        membership organization under section 316.
            ``(2) An individual who is a treasurer, agent, or other 
        officer of a separate segregated fund established by a 
        membership organization under section 316.
            ``(3) An individual who is general partner, managing 
        member, or executive officer, or other individual with a 
        similar status or function of the corporation or membership 
        organization for purposes of section 316, or who would be 
        treated as a general partner, managing member, or executive 
        officer, or other individual with a similar status of the 
        corporation or membership organization for purposes of section 
        316 if the corporation or membership organization established a 
        separate segregated fund or solicited contributions under such 
        section.
            ``(4) An individual who owns or controls 5 percent or more 
        of the voting shares of the corporation, except that this 
        paragraph does not apply with respect to a corporation whose 
        annual revenues were less than $5,000,000 during any of the 3 
        most recent fiscal years ending before the date on which the 
        individual makes the contribution.
    ``(c) Exceptions.--Subsection (a) does not apply with respect to 
any of the following:
            ``(1) A contribution to a candidate for election to the 
        office of Representative in, or Delegate or Resident 
        Commissioner to, the Congress, an authorized committee of such 
        a candidate, or a leadership PAC of such a candidate which is 
        made by an individual who is a resident of the congressional 
        district such candidate represents.
            ``(2) A contribution to a candidate for election to the 
        office of Senator, an authorized committee of such a candidate, 
        or a leadership PAC of such a candidate which is made by an 
        individual who is a resident of the State such candidate 
        represents.
            ``(3) A contribution made to a political committee by an 
        individual whose identification the political committee is not 
        required to disclose under section 304(b)(3)(A) because the 
        aggregate amount or value of the contributions made by the 
        individual to the committee during the election cycle involved 
        is not in excess of $200.
            ``(4) A contribution made to a political committee by a 
        separate segregated fund established by a labor organization 
        under section 316.
    ``(d) Other Definitions.--In this section--
            ``(1) the term `leadership PAC' means, with respect to a 
        candidate or a Member of Congress, a political committee that 
        is directly or indirectly established, financed, maintained or 
        controlled by the candidate or the member but which is not an 
        authorized committee of the candidate or the member and which 
        is not affiliated with an authorized committee of the candidate 
        or the member, except that such term does not include a 
        political committee of a political party; and
            ``(2) the term `member of Congress' means a Senator or 
        Representative in, or Delegate or Resident Commissioner to, the 
        Congress.''.
            (2) Effective date.--The amendments made by this subsection 
        shall apply with respect to contributions and donations made or 
        solicited after the expiration of the 120-day period which 
        begins on the date the Committee on Ethics of the House of 
        Representatives and the Select Committee on Ethics of the 
        Senate file the first reports required under subsection (b).
    (b) Reports by Congressional Ethics Committees on Categories of 
Businesses Under Jurisdiction of Committees.--
            (1) Reports; submission to federal election commission.--
        During each Congress, the Committee on Ethics of the House of 
        Representatives and the Select Committee on Ethics of the 
        Senate shall prepare and submit to the Federal Election 
        Commission a report listing for each standing committee of the 
        House or Senate (as the case may be) the categories of 
        businesses which are under the jurisdiction of such committee, 
        in such form and in accordance with such criteria as the 
        Committee on Ethics of the House of Representatives and the 
        Select Committee on Ethics of the Senate may each establish.
            (2) Office of congressional ethics recommendations.--The 
        Office of Congressional Ethics shall annually make 
        recommendations to the Committee on Ethics of the House of 
        Representatives and the Select Committee on Ethics of the 
        Senate regarding updates to each report under paragraph (1).
            (3) Report contents.--The Committee on Ethics of the House 
        of Representatives and the Select Committee on Ethics of the 
        Senate shall prepare each report under paragraph (1) in 
        consultation with--
                    (A) the Parliamentarian of the Senate or the 
                Parliamentarian of the House, respectively, to consider 
                the assignment of legislation to each committee as an 
                indicator in preparation of the report; and
                    (B) the Clerk of the Senate or Clerk of the House, 
                respectively, to consider the lobbying activity of 
                businesses in each business category as an indicator in 
                preparation of the report.
            (4) Timing.--The Committee on Ethics of the House of 
        Representatives and the Select Committee on Ethics of the 
        Senate shall each submit the first report for a Congress under 
        this section not later than 90 days after the beginning of the 
        Congress.
            (5) Updates.--The Committee on Ethics of the House of 
        Representatives and the Select Committee on Ethics of the 
        Senate shall each prepare and submit to the Federal Election 
        Commission updates to reports required under this subsection on 
        a regular and ongoing basis.

SEC. 713. CORPORATE PAC BAN.

    (a) Limitation.--
            (1) In general.--Section 316(b)(2)(C) of the Federal 
        Election Campaign Act of 1971 (52 U.S.C. 30118(b)(2)(C)) is 
        amended by striking ``a corporation'' and inserting ``a 
        nonprofit corporation''.
            (2) Definition.--Section 316(b) of such Act (52 U.S.C. 
        30118(b)) is amended by adding at the end the following new 
        paragraph:
    ``(8) For purposes of this section, the term `nonprofit 
corporation' means a corporation described in section 501(c) of the 
Internal Revenue Code of 1986 and exempt from taxation under section 
501(a) of such Code, other than a corporation which is ineligible to be 
exempt from taxation under section 501(a) of such Code if it 
establishes a separate segregated fund under this subsection.''.
    (b) Permitting Solicitation of Contributions Only From Executive 
and Administrative Personnel.--Section 316(b) of such Act (52 U.S.C. 
30118(b)) is amended--
            (1) in paragraph (4)(A)(i), by striking ``its stockholders 
        and their families and'';
            (2) in paragraph (4)(B)--
                    (A) by striking ``a corporation'' the first place 
                it appears and inserting ``a nonprofit corporation'';
                    (B) by striking ``any stockholder, executive or 
                administrative personnel,'' and inserting ``any 
                executive or administrative personnel''; and
                    (C) by striking ``stockholders, executive or 
                administrative personnel,'' and inserting ``executive 
                or administrative personnel'';
            (3) in paragraph (4)(D)--
                    (A) by striking ``stockholders and'';
                    (B) by striking ``such stockholders or personnel'' 
                and inserting ``such personnel''; and
                    (C) by striking ``such stockholders and personnel'' 
                and inserting ``such personnel''; and
            (4) in paragraph (5), by striking ``stockholders and''.
    (c) Treatment of Government Contractors.--Section 317(b) of such 
Act (52 U.S.C. 30119(b)) is amended--
            (1) by striking ``any corporation'' and inserting ``any 
        nonprofit corporation''; and
            (2) by striking ``a corporation'' and inserting ``a 
        nonprofit corporation''.
    (d) Effective Date; Transition for Existing Funds and Committees.--
            (1) Effective date.--The amendments made by this Act shall 
        take effect on the date of the enactment of this Act.
            (2) Transition for existing funds and committees.--In the 
        case of a separate segregate fund established and operating 
        under section 316(b)(2)(C) of the Federal Election Campaign Act 
        of 1971 (52 U.S.C. 30118(b)(2)(C)) as of the date of the 
        enactment of this Act which is not a fund of a nonprofit 
        corporation as defined in section 316(b)(8) of such Act (as 
        added by subsection (a)(2)), the fund shall terminate and 
        disburse its entire balance not later than 1 year after the 
        date of the enactment of this Act.

SEC. 714. DISCLOSURE OF CAMPAIGN-RELATED DISBURSEMENTS.

    (a) Disclosure Requirements for Corporations, Labor Organizations, 
and Certain Other Entities.--
            (1) In general.--Section 324 of the Federal Election 
        Campaign Act of 1971 (52 U.S.C. 30126) is amended to read as 
        follows:

``SEC. 324. DISCLOSURE OF CAMPAIGN-RELATED DISBURSEMENTS BY COVERED 
              ORGANIZATIONS.

    ``(a) Disclosure Statement.--
            ``(1) In general.--Any covered organization that makes 
        campaign-related disbursements aggregating more than $10,000 in 
        an election reporting cycle shall, not later than 24 hours 
        after each disclosure date, file a statement with the 
        Commission made under penalty of perjury that contains the 
        information described in paragraph (2)--
                    ``(A) in the case of the first statement filed 
                under this subsection, for the period beginning on the 
                first day of the election reporting cycle (or, if 
                earlier, the period beginning one year before the first 
                such disclosure date) and ending on the first such 
                disclosure date; and
                    ``(B) in the case of any subsequent statement filed 
                under this subsection, for the period beginning on the 
                previous disclosure date and ending on such disclosure 
                date.
            ``(2) Information described.--The information described in 
        this paragraph is as follows:
                    ``(A) The name of the covered organization and the 
                principal place of business of such organization and, 
                in the case of a covered organization that is a 
                corporation (other than a business concern that is an 
                issuer of a class of securities registered under 
                section 12 of the Securities Exchange Act of 1934 (15 
                U.S.C. 78l) or that is required to file reports under 
                section 15(d) of that Act (15 U.S.C. 78o(d))) or an 
                entity described in subsection (e)(2), a list of the 
                beneficial owners (as defined in paragraph (4)(A)) of 
                the entity that--
                            ``(i) identifies each beneficial owner by 
                        name and current residential or business street 
                        address; and
                            ``(ii) if any beneficial owner exercises 
                        control over the entity through another legal 
                        entity, such as a corporation, partnership, 
                        limited liability company, or trust, identifies 
                        each such other legal entity and each such 
                        beneficial owner who will use that other entity 
                        to exercise control over the entity.
                    ``(B) The amount of each campaign-related 
                disbursement made by such organization during the 
                period covered by the statement of more than $1,000, 
                and the name and address of the person to whom the 
                disbursement was made.
                    ``(C) In the case of a campaign-related 
                disbursement that is not a covered transfer, the 
                election to which the campaign-related disbursement 
                pertains and if the disbursement is made for a public 
                communication, the name of any candidate identified in 
                such communication and whether such communication is in 
                support of or in opposition to a candidate.
                    ``(D) A certification by the chief executive 
                officer or person who is the head of the covered 
                organization that the campaign-related disbursement is 
                not made in cooperation, consultation, or concert with 
                or at the request or suggestion of a candidate, 
                authorized committee, or agent of a candidate, 
                political party, or agent of a political party.
                    ``(E)(i) If the covered organization makes 
                campaign-related disbursements using exclusively funds 
                in a segregated bank account consisting of funds that 
                were paid directly to such account by persons other 
                than the covered organization that controls the 
                account, for each such payment to the account--
                            ``(I) the name and address of each person 
                        who made such payment during the period covered 
                        by the statement;
                            ``(II) the date and amount of such payment; 
                        and
                            ``(III) the aggregate amount of all such 
                        payments made by the person during the period 
                        beginning on the first day of the election 
                        reporting cycle (or, if earlier, the period 
                        beginning one year before the disclosure date) 
                        and ending on the disclosure date,
                but only if such payment was made by a person who made 
                payments to the account in an aggregate amount of 
                $10,000 or more during the period beginning on the 
                first day of the election reporting cycle (or, if 
                earlier, the period beginning one year before the 
                disclosure date) and ending on the disclosure date.
                    ``(ii) In any calendar year after 2020, section 
                315(c)(1)(B) shall apply to the amount described in 
                clause (i) in the same manner as such section applies 
                to the limitations established under subsections 
                (a)(1)(A), (a)(1)(B), (a)(3), and (h) of such section, 
                except that for purposes of applying such section to 
                the amounts described in subsection (b), the `base 
                period' shall be 2020.
                    ``(F)(i) If the covered organization makes 
                campaign-related disbursements using funds other than 
                funds in a segregated bank account described in 
                subparagraph (E), for each payment to the covered 
                organization--
                            ``(I) the name and address of each person 
                        who made such payment during the period covered 
                        by the statement;
                            ``(II) the date and amount of such payment; 
                        and
                            ``(III) the aggregate amount of all such 
                        payments made by the person during the period 
                        beginning on the first day of the election 
                        reporting cycle (or, if earlier, the period 
                        beginning one year before the disclosure date) 
                        and ending on the disclosure date,
                but only if such payment was made by a person who made 
                payments to the covered organization in an aggregate 
                amount of $10,000 or more during the period beginning 
                on the first day of the election reporting cycle (or, 
                if earlier, the period beginning one year before the 
                disclosure date) and ending on the disclosure date.
                    ``(ii) In any calendar year after 2020, section 
                315(c)(1)(B) shall apply to the amount described in 
                clause (i) in the same manner as such section applies 
                to the limitations established under subsections 
                (a)(1)(A), (a)(1)(B), (a)(3), and (h) of such section, 
                except that for purposes of applying such section to 
                the amounts described in subsection (b), the `base 
                period' shall be 2020.
                    ``(G) Such other information as required in rules 
                established by the Commission to promote the purposes 
                of this section.
            ``(3) Exceptions.--
                    ``(A) Amounts received in ordinary course of 
                business.--The requirement to include in a statement 
                filed under paragraph (1) the information described in 
                paragraph (2) shall not apply to amounts received by 
                the covered organization in commercial transactions in 
                the ordinary course of any trade or business conducted 
                by the covered organization or in the form of 
                investments (other than investments by the principal 
                shareholder in a limited liability corporation) in the 
                covered organization. For purposes of this 
                subparagraph, amounts received by a covered 
                organization as remittances from an employee to the 
                employee's collective bargaining representative shall 
                be treated as amounts received in commercial 
                transactions in the ordinary course of the business 
                conducted by the covered organization.
                    ``(B) Donor restriction on use of funds.--The 
                requirement to include in a statement submitted under 
                paragraph (1) the information described in subparagraph 
                (F) of paragraph (2) shall not apply if--
                            ``(i) the person described in such 
                        subparagraph prohibited, in writing, the use of 
                        the payment made by such person for campaign-
                        related disbursements; and
                            ``(ii) the covered organization agreed to 
                        follow the prohibition and deposited the 
                        payment in an account which is segregated from 
                        any account used to make campaign-related 
                        disbursements.
                    ``(C) Threat of harassment or reprisal.--The 
                requirement to include any information relating to the 
                name or address of any person (other than a candidate) 
                in a statement submitted under paragraph (1) shall not 
                apply if the inclusion of the information would subject 
                the person to serious threats, harassment, or 
                reprisals.
            ``(4) Other definitions.--For purposes of this section:
                    ``(A) Beneficial owner defined.--
                            ``(i) In general.--Except as provided in 
                        clause (ii), the term `beneficial owner' means, 
                        with respect to any entity, a natural person 
                        who, directly or indirectly--
                                    ``(I) exercises substantial control 
                                over an entity through ownership, 
                                voting rights, agreement, or otherwise; 
                                or
                                    ``(II) has a substantial interest 
                                in or receives substantial economic 
                                benefits from the assets of an entity.
                            ``(ii) Exceptions.--The term `beneficial 
                        owner' shall not include--
                                    ``(I) a minor child;
                                    ``(II) a person acting as a 
                                nominee, intermediary, custodian, or 
                                agent on behalf of another person;
                                    ``(III) a person acting solely as 
                                an employee of an entity and whose 
                                control over or economic benefits from 
                                the entity derives solely from the 
                                employment status of the person;
                                    ``(IV) a person whose only interest 
                                in an entity is through a right of 
                                inheritance, unless the person also 
                                meets the requirements of clause (i); 
                                or
                                    ``(V) a creditor of an entity, 
                                unless the creditor also meets the 
                                requirements of clause (i).
                            ``(iii) Anti-abuse rule.--The exceptions 
                        under clause (ii) shall not apply if used for 
                        the purpose of evading, circumventing, or 
                        abusing the provisions of clause (i) or 
                        paragraph (2)(A).
                    ``(B) Disclosure date.--The term `disclosure date' 
                means--
                            ``(i) the first date during any election 
                        reporting cycle by which a person has made 
                        campaign-related disbursements aggregating more 
                        than $10,000; and
                            ``(ii) any other date during such election 
                        reporting cycle by which a person has made 
                        campaign-related disbursements aggregating more 
                        than $10,000 since the most recent disclosure 
                        date for such election reporting cycle.
                    ``(C) Election reporting cycle.--The term `election 
                reporting cycle' means the 2-year period beginning on 
                the date of the most recent general election for 
                Federal office.
                    ``(D) Payment.--The term `payment' includes any 
                contribution, donation, transfer, payment of dues, or 
                other payment.
    ``(b) Coordination With Other Provisions.--
            ``(1) Other reports filed with the commission.--Information 
        included in a statement filed under this section may be 
        excluded from statements and reports filed under section 304.
            ``(2) Treatment as separate segregated fund.--A segregated 
        bank account referred to in subsection (a)(2)(E) may be treated 
        as a separate segregated fund for purposes of section 527(f)(3) 
        of the Internal Revenue Code of 1986.
    ``(c) Filing.--Statements required to be filed under subsection (a) 
shall be subject to the requirements of section 304(d) to the same 
extent and in the same manner as if such reports had been required 
under subsection (c) or (g) of section 304.
    ``(d) Campaign-Related Disbursement Defined.--
            ``(1) In general.--In this section, the term `campaign-
        related disbursement' means a disbursement by a covered 
        organization for any of the following:
                    ``(A) An independent expenditure which expressly 
                advocates the election or defeat of a clearly 
                identified candidate for election for Federal office, 
                or is the functional equivalent of express advocacy 
                because, when taken as a whole, it can be interpreted 
                by a reasonable person only as advocating the election 
                or defeat of a candidate for election for Federal 
                office.
                    ``(B) Any public communication which refers to a 
                clearly identified candidate for election for Federal 
                office and which promotes or supports the election of a 
                candidate for that office, or attacks or opposes the 
                election of a candidate for that office, without regard 
                to whether the communication expressly advocates a vote 
                for or against a candidate for that office.
                    ``(C) An electioneering communication, as defined 
                in section 304(f)(3).
                    ``(D) A covered transfer.
            ``(2) Intent not required.--A disbursement for an item 
        described in subparagraph (A), (B), (C), or (D) of paragraph 
        (1) shall be treated as a campaign-related disbursement 
        regardless of the intent of the person making the disbursement.
    ``(e) Covered Organization Defined.--In this section, the term 
`covered organization' means any of the following:
            ``(1) A corporation (other than an organization described 
        in section 501(c)(3) of the Internal Revenue Code of 1986).
            ``(2) A limited liability corporation that is not otherwise 
        treated as a corporation for purposes of this Act (other than 
        an organization described in section 501(c)(3) of the Internal 
        Revenue Code of 1986).
            ``(3) An organization described in section 501(c) of such 
        Code and exempt from taxation under section 501(a) of such Code 
        (other than an organization described in section 501(c)(3) of 
        such Code).
            ``(4) A labor organization (as defined in section 316(b)).
            ``(5) Any political organization under section 527 of the 
        Internal Revenue Code of 1986, other than a political committee 
        under this Act (except as provided in paragraph (6)).
            ``(6) A political committee with an account that accepts 
        donations or contributions that do not comply with the 
        contribution limits or source prohibitions under this Act, but 
        only with respect to such accounts.
    ``(f) Covered Transfer Defined.--
            ``(1) In general.--In this section, the term `covered 
        transfer' means any transfer or payment of funds by a covered 
        organization to another person if the covered organization--
                    ``(A) designates, requests, or suggests that the 
                amounts be used for--
                            ``(i) campaign-related disbursements (other 
                        than covered transfers); or
                            ``(ii) making a transfer to another person 
                        for the purpose of making or paying for such 
                        campaign-related disbursements;
                    ``(B) made such transfer or payment in response to 
                a solicitation or other request for a donation or 
                payment for--
                            ``(i) the making of or paying for campaign-
                        related disbursements (other than covered 
                        transfers); or
                            ``(ii) making a transfer to another person 
                        for the purpose of making or paying for such 
                        campaign-related disbursements;
                    ``(C) engaged in discussions with the recipient of 
                the transfer or payment regarding--
                            ``(i) the making of or paying for campaign-
                        related disbursements (other than covered 
                        transfers); or
                            ``(ii) donating or transferring any amount 
                        of such transfer or payment to another person 
                        for the purpose of making or paying for such 
                        campaign-related disbursements;
                    ``(D) made campaign-related disbursements (other 
                than a covered transfer) in an aggregate amount of 
                $50,000 or more during the 2-year period ending on the 
                date of the transfer or payment, or knew or had reason 
                to know that the person receiving the transfer or 
                payment made such disbursements in such an aggregate 
                amount during that 2-year period; or
                    ``(E) knew or had reason to know that the person 
                receiving the transfer or payment would make campaign-
                related disbursements in an aggregate amount of $50,000 
                or more during the 2-year period beginning on the date 
                of the transfer or payment.
            ``(2) Exclusions.--The term `covered transfer' does not 
        include any of the following:
                    ``(A) A disbursement made by a covered organization 
                in a commercial transaction in the ordinary course of 
                any trade or business conducted by the covered 
                organization or in the form of investments made by the 
                covered organization.
                    ``(B) A disbursement made by a covered organization 
                if--
                            ``(i) the covered organization prohibited, 
                        in writing, the use of such disbursement for 
                        campaign-related disbursements; and
                            ``(ii) the recipient of the disbursement 
                        agreed to follow the prohibition and deposited 
                        the disbursement in an account which is 
                        segregated from any account used to make 
                        campaign-related disbursements.
            ``(3) Special rule regarding transfers among affiliates.--
                    ``(A) Special rule.--A transfer of an amount by one 
                covered organization to another covered organization 
                which is treated as a transfer between affiliates under 
                subparagraph (C) shall be considered a covered transfer 
                by the covered organization which transfers the amount 
                only if the aggregate amount transferred during the 
                year by such covered organization to that same covered 
                organization is equal to or greater than $50,000.
                    ``(B) Determination of amount of certain payments 
                among affiliates.--In determining the amount of a 
                transfer between affiliates for purposes of 
                subparagraph (A), to the extent that the transfer 
                consists of funds attributable to dues, fees, or 
                assessments which are paid by individuals on a regular, 
                periodic basis in accordance with a per-individual 
                calculation which is made on a regular basis, the 
                transfer shall be attributed to the individuals paying 
                the dues, fees, or assessments and shall not be 
                attributed to the covered organization.
                    ``(C) Description of transfers between 
                affiliates.--A transfer of amounts from one covered 
                organization to another covered organization shall be 
                treated as a transfer between affiliates if--
                            ``(i) one of the organizations is an 
                        affiliate of the other organization; or
                            ``(ii) each of the organizations is an 
                        affiliate of the same organization,
                except that the transfer shall not be treated as a 
                transfer between affiliates if one of the organizations 
                is established for the purpose of making campaign-
                related disbursements.
                    ``(D) Determination of affiliate status.--For 
                purposes of subparagraph (C), a covered organization is 
                an affiliate of another covered organization if--
                            ``(i) the governing instrument of the 
                        organization requires it to be bound by 
                        decisions of the other organization;
                            ``(ii) the governing board of the 
                        organization includes persons who are 
                        specifically designated representatives of the 
                        other organization or are members of the 
                        governing board, officers, or paid executive 
                        staff members of the other organization, or 
                        whose service on the governing board is 
                        contingent upon the approval of the other 
                        organization; or
                            ``(iii) the organization is chartered by 
                        the other organization.
                    ``(E) Coverage of transfers to affiliated section 
                501(c)(3) organizations.--This paragraph shall apply 
                with respect to an amount transferred by a covered 
                organization to an organization described in paragraph 
                (3) of section 501(c) of the Internal Revenue Code of 
                1986 and exempt from tax under section 501(a) of such 
                Code in the same manner as this paragraph applies to an 
                amount transferred by a covered organization to another 
                covered organization.
    ``(g) No Effect on Other Reporting Requirements.--Nothing in this 
section shall be construed to waive or otherwise affect any other 
requirement of this Act which relates to the reporting of campaign-
related disbursements.''.
            (2) Conforming amendment.--Section 304(f)(6) of such Act 
        (52 U.S.C. 30104) is amended by striking ``Any requirement'' 
        and inserting ``Except as provided in section 324(b), any 
        requirement''.
    (b) Coordination With FinCEN.--
            (1) In general.--The Director of the Financial Crimes 
        Enforcement Network of the Department of the Treasury shall 
        provide the Federal Election Commission with such information 
        as necessary to assist in administering and enforcing section 
        324 of the Federal Election Campaign Act of 1971, as added by 
        this section.
            (2) Report.--Not later than 6 months after the date of the 
        enactment of this Act, the Chairman of the Federal Election 
        Commission, in consultation with the Director of the Financial 
        Crimes Enforcement Network of the Department of the Treasury, 
        shall submit to Congress a report with recommendations for 
        providing further legislative authority to assist in the 
        administration and enforcement of such section 324.

          PART III--REQUIREMENTS RELATING TO FOREIGN NATIONALS

SEC. 721. BANNING FOREIGN-OWNED AND PARTIALLY FOREIGN-OWNED 
              CORPORATIONS FROM SPENDING ON UNITED STATES ELECTIONS.

    Section 319 of the Federal Election Campaign Act of 1971 (52 U.S.C. 
30121) is amended--
            (1) in subsection (a)--
                    (A) in paragraph (1)--
                            (i) in subparagraph (A), by inserting the 
                        following before the semicolon: ``(including a 
                        State or local ballot initiative or 
                        referendum), including any disbursement to a 
                        political committee which accepts donations or 
                        contributions that do not comply with the 
                        limitations, prohibitions, and reporting 
                        requirements of this Act (or any disbursement 
                        to or on behalf of any account of a political 
                        committee which is established for the purpose 
                        of accepting such donations or 
                        contributions)'';
                            (ii) in subparagraph (B), by striking 
                        ``or'' at the end;
                            (iii) in subparagraph (C), by striking 
                        ``expenditure'' and all that follows through 
                        ``; or'' and inserting ``expenditure;''; and
                            (iv) by adding at the end the following new 
                        subparagraphs:
                    ``(D) an independent expenditure;
                    ``(E) a disbursement for an electioneering 
                communication (within the meaning of section 
                304(f)(3));
                    ``(F) a disbursement for a paid internet or paid 
                digital communication that refers to a clearly 
                identified candidate for election for Federal office 
                and is disseminated within 60 days before a general, 
                special or runoff election for the office sought by the 
                candidate or 30 days before a primary or preference 
                election, or a convention or caucus of a political 
                party that has authority to nominate a candidate for 
                the office sought by the candidate;
                    ``(G) a disbursement for a broadcast, cable or 
                satellite communication, or for a paid internet or paid 
                digital communication, that promotes, supports, attacks 
                or opposes the election of a clearly identified 
                candidate for Federal, State, or local office 
                (regardless of whether the communication contains 
                express advocacy or the functional equivalent of 
                express advocacy); or
                    ``(H) a disbursement for a broadcast, cable, or 
                satellite communication, or for a paid internet or paid 
                digital communication, that discusses a national 
                legislative issue of public importance in a year in 
                which a regularly scheduled general election for 
                Federal office is held and is made for the purpose of 
                influencing an election held during that year, but only 
                if the disbursement is made by a foreign principal who 
                is a government of a foreign country or a foreign 
                political party or an agent of such a foreign principal 
                as defined under section 1 of the Foreign Agents 
                Registration Act of 1938 (22 U.S.C. 611);'';
                    (B) in paragraph (2), by striking the period at the 
                end and inserting ``; or''; and
                    (C) by adding at the end the following new 
                paragraph:
            ``(3) a foreign national to direct, dictate, control, or 
        directly or indirectly participate in the decision-making 
        process of any person (including a corporation, labor 
        organization, political committee, or political organization) 
        with regard to the Federal or non-Federal election-related 
        activity of such person, including any decision concerning the 
        making of contributions, donations, expenditures, or 
        disbursements in connection with an election for any Federal, 
        State, or local office or any decision concerning the 
        administration of a political committee.'';
            (2) in subsection (b)--
                    (A) in paragraph (1), by striking ``or'' at the 
                end;
                    (B) in paragraph (2), by striking the period at the 
                end and inserting ``; or''; and
                    (C) by adding at the end the following new 
                paragraph:
            ``(3) any for-profit corporation, company, limited 
        liability company, limited partnership, business trust, 
        business association, or other similar entity, which is not a 
        foreign national described in paragraph (1) and--
                    ``(A) in which a foreign national described in 
                paragraph (1) or (2) or a foreign business as defined 
                in subsection (d) directly or indirectly holds, owns, 
                controls, or otherwise has direct or indirect 
                beneficial ownership of 1 percent or more of the total 
                equity, outstanding voting shares, membership units, or 
                other applicable ownership interests of the entity;
                    ``(B) in which two or more foreign nationals 
                described in paragraph (1) or (2) or foreign businesses 
                as so defined, in aggregate, directly, or indirectly 
                hold, own, control, or otherwise have direct or 
                indirect beneficial ownership of five percent or more 
                of the total equity, outstanding voting shares, 
                membership units, or other applicable ownership 
                interests of the entity;
                    ``(C) over which one or more foreign nationals 
                described in paragraph (1) or (2) or foreign businesses 
                as so defined has the power to direct, dictate, or 
                control the decision-making process of the entity with 
                respect to its interests in the United States; or
                    ``(D) over which one or more foreign nationals 
                described in paragraph (1) or (2) or foreign businesses 
                as so defined has the power to direct, dictate, or 
                control the decision-making process of the entity with 
                respect to activities in connection with a Federal, 
                State, or local election, including--
                            ``(i) the making of a contribution, 
                        donation, expenditure, independent expenditure, 
                        or disbursement for an electioneering 
                        communication (within the meaning of section 
                        304(f)(3)); or
                            ``(ii) the administration of a political 
                        committee established or maintained by the 
                        entity.''; and
            (3) by adding at the end the following new subsections:
    ``(c) Certification of Compliance Required for Carrying Out 
Activity.--Prior to the making in connection with an election for 
Federal office of any contribution, donation, expenditure, independent 
expenditure, or disbursement for an electioneering communication by a 
covered for-profit entity, as defined in section 3 of the Lobbying 
Disclosure Act of 1995 (2 U.S.C. 1602), during a year, the chief 
executive officer of the entity (or, if the entity does not have a 
chief executive officer, the highest ranking official of the entity), 
shall file a certification with the Commission, under penalty of 
perjury, avowing that the entity is not a foreign national and that a 
foreign national did not direct, dictate, control, or directly or 
indirectly participate in the decision-making process relating to such 
activity in violation of subsection (a)(3), unless the chief executive 
officer or highest ranking official, if applicable, has previously 
filed such a certification within the previous 30 days.
    ``(d) Definition of Foreign Business.--For purposes of this 
section, the term `foreign business' means any for-profit corporation, 
company, limited liability company, limited partnership, business 
trust, business association, or other similar entity wherein a foreign 
national holds, owns, controls, or otherwise has directly or indirectly 
acquired beneficial ownership of equity or voting shares in an amount 
that is equal to or greater than 50 percent of the total equity or 
outstanding voting shares.''.

                    PART IV--ADDITIONAL REQUIREMENTS

                      Subpart A--Campaign Finance

SEC. 731. CLARIFICATION ON TREATMENT OF INFORMATION USED TO INFLUENCE 
              AN ELECTION FOR FEDERAL OFFICE AS A CONTRIBUTION; 
              CLARIFICATION REGARDING PURPOSE OF INFLUENCING AN 
              ELECTION FOR FEDERAL OFFICE.

    (a) In General.--Section 301(8) of the Federal Election Campaign 
Act of 1971 (52 U.S.C. 30101(8)) is amended by adding at the end the 
following new subparagraph:
            ``(C) For purposes of subparagraph (A)(i) and section 
        319(a)(1)(A), material, non-public information, including 
        opposition research, intended to be used for the purpose of 
        influencing an election for Federal office as described in 
        subparagraph (A)(i), or in the case of section 319(a)(1)(A), in 
        connection with a Federal, State, or local election, shall be 
        considered a thing of value without regard to whether the 
        information provided has monetary value.''.
    (b) Clarification Regarding Purpose of Influencing an Election.--
            (1) Contributions.--Section 301(8)(A)(i) of such Act (52 
        U.S.C. 30101(8)(A)(i)) is amended by inserting the following 
        before the semicolon: ``(whether in whole or in part, or with 
        the predictable effect of, influencing an election for Federal 
        office)''.
            (2) Expenditures.--Section 301(9)(A)(i) of such Act (52 
        U.S.C. 30101(9)(A)(i)) is amended by inserting the following 
        before the semicolon: ``(whether in whole or in part, or with 
        the predictable effect of, influencing an election for Federal 
        office)''.
    (c) Application of Penalties.--Section 309(d)(1)(A)(ii) of the such 
Act (52 U.S.C. 30109(d)(1)(A)(ii)) is amended--
            (1) by striking ``$2,000 or more (but less than $25,000)'' 
        and inserting ``less than $25,000''; and
            (2) by inserting ``or involving information described in 
        section 301(8)(C), and which has a value that is not 
        ascertainable'' after ``during a calendar year''.

SEC. 732. PROHIBITION ON SUPER PAC-CANDIDATE COORDINATION.

    (a) Clarification of Treatment of Coordinated Expenditures as 
Contributions to Candidates.--
            (1) Treatment as contribution to candidate.--Section 
        301(8)(A) of the Federal Election Campaign Act of 1971 (52 
        U.S.C. 30101(8)(A)), as amended by section 731, is amended--
                    (A) by striking ``or'' at the end of clause (i);
                    (B) by striking the period at the end of clause 
                (ii) and inserting ``; or''; and
                    (C) by adding at the end the following new clause:
                    ``(iii) any payment made by any person (other than 
                a candidate, an authorized committee of a candidate, or 
                a political committee of a political party) for a 
                coordinated expenditure (as such term is defined in 
                section 328) which is not otherwise treated as a 
                contribution under clause (i) or clause (ii).''.
            (2) Definitions.--Title III of such Act (52 U.S.C. 30101 et 
        seq.), as amended by sections 141, 701, and 712, is amended by 
        adding at the end the following new section:

``SEC. 328. PAYMENTS FOR COORDINATED EXPENDITURES.

    ``(a) Coordinated Expenditures.--
            ``(1) In general.--For purposes of section 301(8)(A)(iii), 
        the term `coordinated expenditure' means--
                    ``(A) any expenditure, or any payment for a covered 
                communication described in subsection (d), which is 
                made in cooperation, consultation, or concert with, or 
                at the request or suggestion of, a candidate, an 
                authorized committee of a candidate, a political 
                committee of a political party, or agents of the 
                candidate or committee, as defined in subsection (b); 
                or
                    ``(B) any payment for any communication which 
                republishes, disseminates, or distributes, in whole or 
                in part, any video or broadcast or any written, 
                graphic, or other form of campaign material prepared by 
                the candidate or committee or by agents of the 
                candidate or committee (including any excerpt or use of 
                any video from any such broadcast or written, graphic, 
                or other form of campaign material).
            ``(2) Exception for payments for certain communications.--A 
        payment for a communication (including a covered communication 
        described in subsection (d)) shall not be treated as a 
        coordinated expenditure under this subsection if--
                    ``(A) the communication appears in a news story, 
                commentary, or editorial distributed through the 
                facilities of any broadcasting station, newspaper, 
                magazine, or other periodical publication, unless such 
                facilities are owned or controlled by any political 
                party, political committee, or candidate; or
                    ``(B) the communication constitutes a candidate 
                debate or forum conducted pursuant to regulations 
                adopted by the Commission pursuant to section 
                304(f)(3)(B)(iii), or which solely promotes such a 
                debate or forum and is made by or on behalf of the 
                person sponsoring the debate or forum.
    ``(b) Coordination Described.--
            ``(1) In general.--For purposes of this section, a payment 
        is made `in cooperation, consultation, or concert with, or at 
        the request or suggestion of,' a candidate, an authorized 
        committee of a candidate, a political committee of a political 
        party, or agents of the candidate or committee, if the payment, 
        or any communication for which the payment is made, is not made 
        entirely independently of the candidate, committee, or agents. 
        For purposes of the previous sentence, a payment or 
        communication not made entirely independently of the candidate 
        or committee includes any payment or communication made 
        pursuant to any general or particular understanding with, or 
        pursuant to any communication with, the candidate, committee, 
        or agents about the payment or communication.
            ``(2) No finding of coordination based solely on sharing of 
        information regarding legislative or policy position.--For 
        purposes of this section, a payment shall not be considered to 
        be made by a person in cooperation, consultation, or concert 
        with, or at the request or suggestion of, a candidate or 
        committee, solely on the grounds that the person or the 
        person's agent engaged in discussions with the candidate or 
        committee, or with any agent of the candidate or committee, 
        regarding that person's position on a legislative or policy 
        matter (including urging the candidate or committee to adopt 
        that person's position), so long as there is no communication 
        between the person and the candidate or committee, or any agent 
        of the candidate or committee, regarding the candidate's or 
        committee's campaign advertising, message, strategy, policy, 
        polling, allocation of resources, fundraising, or other 
        campaign activities.
            ``(3) No effect on party coordination standard.--Nothing in 
        this section shall be construed to affect the determination of 
        coordination between a candidate and a political committee of a 
        political party for purposes of section 315(d).
            ``(4) No safe harbor for use of firewall.--A person shall 
        be determined to have made a payment in cooperation, 
        consultation, or concert with, or at the request or suggestion 
        of, a candidate or committee, in accordance with this section 
        without regard to whether or not the person established and 
        used a firewall or similar procedures to restrict the sharing 
        of information between individuals who are employed by or who 
        are serving as agents for the person making the payment.
    ``(c) Payments by Coordinated Spenders for Covered 
Communications.--
            ``(1) Payments made in cooperation, consultation, or 
        concert with candidates.--For purposes of subsection (a)(1)(A), 
        if the person who makes a payment for a covered communication, 
        as defined in subsection (d), is a coordinated spender under 
        paragraph (2) with respect to the candidate as described in 
        subsection (d)(1), the payment for the covered communication is 
        made in cooperation, consultation, or concert with the 
        candidate.
            ``(2) Coordinated spender defined.--For purposes of this 
        subsection, the term `coordinated spender' means, with respect 
        to a candidate or an authorized committee of a candidate, a 
        person (other than a political committee of a political party) 
        for which any of the following applies:
                    ``(A) During the 4-year period ending on the date 
                on which the person makes the payment, the person was 
                directly or indirectly formed or established by or at 
                the request or suggestion of, or with the encouragement 
                of, the candidate (including an individual who later 
                becomes a candidate) or committee or agents of the 
                candidate or committee, including with the approval of 
                the candidate or committee or agents of the candidate 
                or committee.
                    ``(B) The candidate or committee or any agent of 
                the candidate or committee solicits funds, appears at a 
                fundraising event, or engages in other fundraising 
                activity on the person's behalf during the election 
                cycle involved, including by providing the person with 
                names of potential donors or other lists to be used by 
                the person in engaging in fundraising activity, 
                regardless of whether the person pays fair market value 
                for the names or lists provided. For purposes of this 
                subparagraph, the term `election cycle' means, with 
                respect to an election for Federal office, the period 
                beginning on the day after the date of the most recent 
                general election for that office (or, if the general 
                election resulted in a runoff election, the date of the 
                runoff election) and ending on the date of the next 
                general election for that office (or, if the general 
                election resulted in a runoff election, the date of the 
                runoff election).
                    ``(C) The person is established, directed, or 
                managed by the candidate or committee or by any person 
                who, during the 4-year period ending on the date on 
                which the person makes the payment, has been employed 
                or retained as a political, campaign media, or 
                fundraising adviser or consultant for the candidate or 
                committee or for any other entity directly or 
                indirectly controlled by the candidate or committee, or 
                has held a formal position with the candidate or 
                committee (including a position as an employee of the 
                office of the candidate at any time the candidate held 
                any Federal, State, or local public office during the 
                4-year period).
                    ``(D) The person has retained the professional 
                services of any person who, during the 2-year period 
                ending on the date on which the person makes the 
                payment, has provided or is providing professional 
                services relating to the campaign to the candidate or 
                committee, without regard to whether the person 
                providing the professional services used a firewall. 
                For purposes of this subparagraph, the term 
                `professional services' includes any services in 
                support of the candidate's or committee's campaign 
                activities, including advertising, message, strategy, 
                policy, polling, allocation of resources, fundraising, 
                and campaign operations, but does not include 
                accounting or legal services.
                    ``(E) The person is established, directed, or 
                managed by a member of the immediate family of the 
                candidate, or the person or any officer or agent of the 
                person has had more than incidental discussions about 
                the candidate's campaign with a member of the immediate 
                family of the candidate. For purposes of this 
                subparagraph, the term `immediate family' has the 
                meaning given such term in section 9004(e) of the 
                Internal Revenue Code of 1986.
    ``(d) Covered Communication Defined.--
            ``(1) In general.--For purposes of this section, the term 
        `covered communication' means, with respect to a candidate or 
        an authorized committee of a candidate, a public communication 
        (as defined in section 301(22)) which--
                    ``(A) expressly advocates the election of the 
                candidate or the defeat of an opponent of the candidate 
                (or contains the functional equivalent of express 
                advocacy);
                    ``(B) promotes or supports the election of the 
                candidate, or attacks or opposes the election of an 
                opponent of the candidate (regardless of whether the 
                communication expressly advocates the election or 
                defeat of a candidate or contains the functional 
                equivalent of express advocacy); or
                    ``(C) refers to the candidate or an opponent of the 
                candidate but is not described in subparagraph (A) or 
                subparagraph (B), but only if the communication is 
                disseminated during the applicable election period.
            ``(2) Applicable election period.--In paragraph (1)(C), the 
        `applicable election period' with respect to a communication 
        means--
                    ``(A) in the case of a communication which refers 
                to a candidate in a general, special, or runoff 
                election, the 120-day period which ends on the date of 
                the election; or
                    ``(B) in the case of a communication which refers 
                to a candidate in a primary or preference election, or 
                convention or caucus of a political party that has 
                authority to nominate a candidate, the 60-day period 
                which ends on the date of the election or convention or 
                caucus.
            ``(3) Special rules for communications involving 
        congressional candidates.--For purposes of this subsection, a 
        public communication shall not be considered to be a covered 
        communication with respect to a candidate for election for an 
        office other than the office of President or Vice President 
        unless it is publicly disseminated or distributed in the 
        jurisdiction of the office the candidate is seeking.
    ``(e) Penalty.--
            ``(1) Determination of amount.--Any person who knowingly 
        and willfully commits a violation of this Act by making a 
        contribution which consists of a payment for a coordinated 
        expenditure shall be fined an amount equal to the greater of--
                    ``(A) in the case of a person who makes a 
                contribution which consists of a payment for a 
                coordinated expenditure in an amount exceeding the 
                applicable contribution limit under this Act, 300 
                percent of the amount by which the amount of the 
                payment made by the person exceeds such applicable 
                contribution limit; or
                    ``(B) in the case of a person who is prohibited 
                under this Act from making a contribution in any 
                amount, 300 percent of the amount of the payment made 
                by the person for the coordinated expenditure.
            ``(2) Joint and several liability.--Any director, manager, 
        or officer of a person who is subject to a penalty under 
        paragraph (1) shall be jointly and severally liable for any 
        amount of such penalty that is not paid by the person prior to 
        the expiration of the 1-year period which begins on the date 
        the Commission imposes the penalty or the 1-year period which 
        begins on the date of the final judgment following any judicial 
        review of the Commission's action, whichever is later.''.
            (3) Effective date.--
                    (A) Repeal of existing regulations on 
                coordination.--Effective upon the expiration of the 90-
                day period which begins on the date of the enactment of 
                this Act--
                            (i) the regulations on coordinated 
                        communications adopted by the Federal Election 
                        Commission which are in effect on the date of 
                        the enactment of this Act (as set forth in 11 
                        CFR Part 109, Subpart C, under the heading 
                        ``Coordination'') are repealed; and
                            (ii) the Federal Election Commission shall 
                        promulgate new regulations on coordinated 
                        communications which reflect the amendments 
                        made by this Act.
                    (B) Effective date.--The amendments made by this 
                subsection shall apply with respect to payments made on 
                or after the expiration of the 120-day period which 
                begins on the date of the enactment of this Act, 
                without regard to whether or not the Federal Election 
                Commission has promulgated regulations in accordance 
                with paragraph (1)(B) as of the expiration of such 
                period.
    (b) Clarification of Ban on Fundraising for Super PACs by Federal 
Candidates and Officeholders.--Section 323(e)(1) of the Federal 
Election Campaign Act of 1971 (52 U.S.C. 30125(e)(1)) is amended--
            (1) by striking ``or'' at the end of subparagraph (A);
            (2) by striking the period at the end of subparagraph (B) 
        and inserting ``; or''; and
            (3) by adding at the end the following new subparagraph:
                    ``(C) solicit, receive, direct, or transfer funds 
                to or on behalf of any political committee which 
                accepts donations or contributions that do not comply 
                with the limitations, prohibitions, and reporting 
                requirements of this Act (or to or on behalf of any 
                account of a political committee which is established 
                for the purpose of accepting such donations or 
                contributions), or to or on behalf of any political 
                organization under section 527 of the Internal Revenue 
                Code of 1986 which accepts such donations or 
                contributions (other than a committee of a State or 
                local political party or a candidate for election for 
                State or local office).''.

SEC. 733. DISCLOSURE OF MAJOR DONORS, BUNDLERS, AND FINANCE EVENTS IN 
              PRESIDENTIAL CAMPAIGNS.

    Section 304 of the Federal Election Campaign Act of 1971 (52 U.S.C. 
30104), as amended by section 141, is amended by adding at the end the 
following new subsection:
    ``(i) Disclosure of Major Donors, Bundlers, and Finance Events in 
Presidential Campaigns.--Each report under this section by an 
authorized committee of a candidate for the Office of President shall 
include the following information with respect to the reporting period:
            ``(1) The names and addresses of all donors, bundlers, and 
        fundraisers who are given titles, including national or 
        regional finance committee members.
            ``(2) The names and addresses of all members of fundraiser 
        host committees.
            ``(3) The names and addresses of all persons specifically 
        invited to campaign fundraisers.
            ``(4) The dates and locations of all fundraisers.''.

SEC. 734. LOWERING CONTRIBUTION LIMITS; REPEAL OF SPECIAL CONTRIBUTION 
              LIMITS FOR CONTRIBUTIONS TO NATIONAL PARTIES FOR CERTAIN 
              PURPOSES.

    (a) Decrease in Individual Limits for Certain Contributions.--
Section 315(a)(1) of the Federal Election Campaign Act of 1971 (52 
U.S.C. 30116(a)(1)) is amended--
            (1) in subparagraph (A), by striking ``$2,000'' and 
        inserting ``$1,000''; and
            (2) in subparagraph (B), by striking ``$25,000'' and 
        inserting ``$10,000''.
    (b) Repeal of Special Contribution Limits for Contributions to 
National Parties for Certain Purposes.--
            (1) In general.--Section 315(a) of the Federal Election 
        Campaign Act of 1971 (52 U.S.C. 30116(a)) is amended--
                    (A) in paragraph (1)(B), by striking ``, or, in the 
                case of contributions made to any of the accounts 
                described in paragraph (9), exceed 300 percent of the 
                amount otherwise applicable under this subparagraph 
                with respect to such calendar year'';
                    (B) in paragraph (2)(B), by striking ``, or, in the 
                case of contributions made to any of the accounts 
                described in paragraph (9), exceed 300 percent of the 
                amount otherwise applicable under this subparagraph 
                with respect to such calendar year''; and
                    (C) by striking paragraph (9).
            (2) Conforming amendment.--Section 315(d) of such Act (52 
        U.S.C. 30116(d)) is amended by striking paragraph (5).
            (3) Return of previously contributed amounts.--Not later 
        than 90 days after the effective date under subsection (d), 
        each political committee established and maintained by a 
        political party shall distribute all amounts in accounts 
        described in section 315(a)(9) of the Federal Election Campaign 
        Act of 1971 (52 U.S.C. 30116(a)(9)) to individuals who made 
        contributions to such accounts. The amount distributed to any 
        contributor form any account shall bear the same ratio to the 
        amount of contributions made by such contributor to such 
        account as the balance of such account on such effective date 
        bears to the total amount of contributions made to such 
        account.
    (c) Indexing of Revised Contribution Limits.--Section 315(c) of the 
Federal Election Campaign Act of 1971 (2 U.S.C. 441a(c)) is amended--
            (1) in paragraph (1)(B)--
                    (A) by redesignating clauses (i) through (iii) as 
                subclauses (I) through (III), respectively, and 
                indenting appropriately;
                    (B) in subclause (I), as resdesignated by 
                subparagraph (A), by striking ``(a)(1)(A), 
                (a)(1)(B),'';
                    (C) in subclause (III), as redesignated by such 
                subparagraph--
                            (i) by striking ``clause (i)'' and 
                        inserting ``subclause (I)''; and
                            (ii) by striking the period at the end and 
                        inserting ``; and'';
                    (D) in the matter preceding subclause (I), as so 
                redesignated, by striking ``subparagraph (C), in any 
                calendar year'' and inserting ``subparagraph (C)--
                            ``(i) in any calendar year''; and
                    (E) by adding at the end the following new clause:
                            ``(ii) in any calendar year after 2021--
                                    ``(I) a limitation established by 
                                subsection (a)(1)(A) or (a)(1)(B) shall 
                                be increased by the percent difference 
                                determined under subparagraph (A);
                                    ``(II) each amount so increased 
                                shall remain in effect for the calendar 
                                year; and
                                    ``(III) if any amount after 
                                adjustment under subclause (I) is not a 
                                multiple of $100, such amount shall be 
                                rounded to the nearest multiple of 
                                $100.''; and
            (2) in paragraph (2)(B)--
                    (A) in clause (i), by striking ``and'';
                    (B) in clause (ii)--
                            (i) by striking ``(a)(1)(A), (a)(1)(B), 
                        (a)(3),'' and inserting ``(a)(3)''; and
                            (ii) by striking the period and inserting 
                        ``; and''; and
                    (C) by adding at the end the following:
                            ``(iii) for purposes of subsections 
                        (a)(1)(A) and (a)(1)(B), calendar year 2020.''.
    (d) Effective Date.--The amendments made by this section shall 
apply with respect to contributions made on or after January 1, 2021.

SEC. 735. RESTRICTIONS ON TESTING THE WATERS.

    Section 315(a) of the Federal Election Campaign Act of 1971 (52 
U.S.C. 30116(a)) is amended by adding at the end the following new 
paragraph:
    ``(10) For purposes of paragraph (7)(B):
            ``(A) The term `expenditure made in cooperation, 
        consultation, or concert with, or at the request or suggestion 
        of a candidate, his authorized political committees, or their 
        agents' includes an expenditure made by a person--
                    ``(i) that during the four years preceding the 
                expenditure (for the office of President) or during the 
                two years preceding the expenditure (for all other 
                expenditures) was directly or indirectly established, 
                maintained, controlled, or principally funded by a 
                candidate, the candidate's committee, or an immediate 
                family member of a candidate;
                    ``(ii) that during the four years preceding the 
                expenditure (for the office of President) or during the 
                two years preceding the expenditure (for all other 
                expenditures) employed or otherwise retained the 
                services (other than accounting or legal services) of a 
                person who, whether paid or unpaid, at any point during 
                the same four-year or two-year period, had or exercised 
                executive or managerial authority for the candidate, or 
                acted as an agent of the candidate; or
                    ``(iii) for whom during the four years preceding 
                the expenditure (for the office of President) or during 
                the two years preceding the expenditure (for all other 
                expenditures) the candidate or candidate's committee 
                solicited funds, provided non-public fundraising 
                information or strategy, or appeared as a featured 
                guest at a fundraising event.
            ``(B) The term `expenditure' has the meaning given that 
        term in section 301 and section 316(b) and also includes the 
        following, when conducted by a person described in subparagraph 
        (A) of this paragraph:
                    ``(i) A public communication as defined in section 
                301(22) that--
                            ``(I) expressly advocates for the 
                        nomination or election of a clearly identified 
                        candidate for Federal office or against the 
                        nomination or election of a candidate for such 
                        office, or that is the functional equivalent of 
                        such express advocacy;
                            ``(II) promotes or supports a candidate for 
                        Federal office, or attacks or opposes a 
                        candidate for such office (regardless of 
                        whether the communication expressly advocates 
                        the election or defeat of a candidate or is the 
                        functional equivalent of express advocacy); or
                            ``(III) refers to a clearly identified 
                        candidate for Federal office at any time from 
                        120 days before a primary election or 
                        nominating caucus or convention through the 
                        general election, and is disseminated in the 
                        jurisdiction where the election for the office 
                        the candidate is seeking is held.
                    ``(ii) A disbursement for partisan voter activity 
                (such as partisan voter registration, get-out-the-vote 
                activity, phone banking, or generic campaign activity) 
                in the jurisdiction where the election for the office 
                the candidate is seeking is held.
                    ``(iii) A disbursement to pay for research, design, 
                or production costs, polling expenses, data analytics, 
                creating or purchasing mailing or social media lists, 
                or other activities related to those described in 
                clause (i) or (ii).
            ``(C) The term `candidate' includes any person who is a 
        candidate for Federal office at the time of the expenditure, 
        regardless of whether such person was a candidate at the time 
        of the conduct described in subparagraph (A).''.

SEC. 736. PERSONAL USE BAN FOR LEADERSHIP PACS.

    Section 313(a) of the Federal Election Campaign Act of 1971 (52 
U.S.C. 30114(a)) is amended, in the matter preceding paragraph (1), by 
inserting ``or a leadership PAC (as defined in subsection (c)(4)) of a 
candidate'' after ``by a candidate''.

SEC. 737. PROHIBITION ON JOINT FUNDRAISING COMMITTEES.

    Section 302(e) of the Federal Election Campaign Act of 1971 (52 
U.S.C. 30102(e)) is amended--
            (1) in paragraph (3)(A)--
                    (A) by striking clause (ii);
                    (B) in clause (i), by striking ``; and'' and 
                inserting a period; and
                    (C) by striking ``except that'' and all that 
                follows through ``the candidate'' and inserting 
                ``except that the candidate''; and
            (2) by adding at the end the following new paragraph:
            ``(6) A political committee may not engage in joint 
        fundraising with other political committees or with 
        unregistered committees or organizations.''.

Subpart B--Prohibition on the Appointment of Big Donor Ambassadors and 
                           Chiefs of Mission

SEC. 738. PROHIBITION ON THE APPOINTMENT OF BIG DONOR AMBASSADORS AND 
              CHIEFS OF MISSION.

     Section 304(a) of the Foreign Service Act of 1980 (22 U.S.C. 
3944(a)) is amended--
            (1) in paragraph (3)--
                    (A) by inserting ``(A)'' before ``Contributions'';
                    (B) by striking ``should not'' and inserting 
                ``shall not''; and
                    (C) by adding at the end the following: ``The 
                President may not appoint as chief of mission any 
                individual who has made any contribution or bundled 
                contribution in any amount to the political campaign of 
                the President or an authorized committee of the 
                President (as those terms are defined in paragraph 
                (4)(B)(ii)).
    ``(B) An individual who would otherwise be prohibited from 
appointment as chief of mission under subparagraph (A) because of one 
or more contributions or bundled contributions may be appointed by the 
President if such individual receives a full refund for each such 
contribution or bundled contribution prior to the President providing 
the report required under paragraph (4).''; and
            (2) in paragraph (4)--
                    (A) by inserting ``(A)'' before ``The President''; 
                and
                    (B) by adding at the end the following new 
                subparagraph:
            ``(B)(i) The report required under subparagraph (A) shall 
        include--
                    ``(I) an explanation of the nominee's knowledge, if 
                applicable, of the principal language or dialect of the 
                country in which the individual is to serve, and 
                knowledge, if applicable, of the history, culture, 
                economic and political institutions, and interests of 
                that country and its people; and
                    ``(II) a certification of the President that the 
                nominee, in accordance with this Act--
                            ``(aa) did not make any contributions or 
                        bundled contributions in any amount to the 
                        political campaign of the President or an 
                        authorized committee of the President at any 
                        time preceding the date that the Committee on 
                        Foreign Relations of the Senate receives the 
                        nominee's nomination; or
                            ``(bb) has received a full refund for each 
                        such contribution or bundled contribution.
            ``(ii) In this subparagraph, the terms `contribution', 
        `bundled contribution', and `authorized committee' have the 
        meanings given those terms in title III of the Federal Election 
        Campaign Act of 1971 (52 U.S.C. 30101 et seq.).''.

  Subtitle B--Strengthening Oversight of Online Political Advertising

SEC. 741. EXPANSION OF DEFINITION OF PUBLIC COMMUNICATION.

    (a) In General.--Paragraph (22) of section 301 of the Federal 
Election Campaign Act of 1971 (52 U.S.C. 30101(22)) is amended by 
striking ``or satellite communication'' and inserting ``satellite, paid 
internet, or paid digital communication''.
    (b) Treatment of Contributions and Expenditures.--Section 301 of 
such Act (52 U.S.C. 30101) is amended--
            (1) in paragraph (8)(B)--
                    (A) by striking ``on broadcasting stations, or in 
                newspapers, magazines, or similar types of general 
                public political advertising'' in clause (v) and 
                inserting ``in any public communication'';
                    (B) by striking ``broadcasting, newspaper, 
                magazine, billboard, direct mail, or similar type of 
                general public communication or political advertising'' 
                in clause (ix)(1) and inserting ``public 
                communication''; and
                    (C) by striking ``but not including the use of 
                broadcasting, newspapers, magazines, billboards, direct 
                mail, or similar types of general public communication 
                or political advertising'' in clause (x) and inserting 
                ``but not including use in any public communication''; 
                and
            (2) in paragraph (9)(B)--
                    (A) by amending clause (i) to read as follows:
                            ``(i) any news story, commentary, or 
                        editorial distributed through the facilities of 
                        any broadcasting station or any print, online, 
                        or digital newspaper, magazine, blog, 
                        publication, or periodical, unless such 
                        broadcasting, print, online, or digital 
                        facilities are owned or controlled by any 
                        political party, political committee, or 
                        candidate;''; and
                    (B) in clause (iv), by striking ``on broadcasting 
                stations, or in newspapers, magazines, or similar types 
                of general public political advertising'' and inserting 
                ``in any public communication''.
    (c) Disclosure and Disclaimer Statements.--Subsection (a) of 
section 318 of such Act (52 U.S.C. 30120) is amended--
            (1) by striking ``financing any communication through any 
        broadcasting station, newspaper, magazine, outdoor advertising 
        facility, mailing, or any other type of general public 
        political advertising'' and inserting ``financing any public 
        communication''; and
            (2) by striking ``solicits any contribution through any 
        broadcasting station, newspaper, magazine, outdoor advertising 
        facility, mailing, or any other type of general public 
        political advertising'' and inserting ``solicits any 
        contribution through any public communication''.

SEC. 742. EXPANSION OF DEFINITION OF ELECTIONEERING COMMUNICATION.

    (a) Application to Qualified Internet and Digital Communications.--
            (1) In general.--Subparagraph (A) of section 304(f)(3) of 
        the Federal Election Campaign Act of 1971 (52 U.S.C. 
        30104(f)(3)(A)) is amended by striking ``or satellite 
        communication'' each place it appears in clauses (i) and (ii) 
        and inserting ``satellite, or qualified internet or digital 
        communication''.
            (2) Qualified internet or digital communication.--Paragraph 
        (3) of section 304(f) of such Act (52 U.S.C. 30104(f)) is 
        amended by adding at the end the following new subparagraph:
                    ``(D) Qualified internet or digital 
                communication.--The term `qualified internet or digital 
                communication' means any communication which is placed 
                or promoted for a fee on an online platform (as defined 
                in subsection (k)(3)).''.
    (b) Nonapplication of Relevant Electorate to Online 
Communications.--Section 304(f)(3)(A)(i)(III) of such Act (52 U.S.C. 
30104(f)(3)(A)(i)(III)) is amended by inserting ``any broadcast, cable, 
or satellite'' before ``communication''.
    (c) News Exemption.--Section 304(f)(3)(B)(i) of such Act (52 U.S.C. 
30104(f)(3)(B)(i)) is amended to read as follows:
                            ``(i) a communication appearing in a news 
                        story, commentary, or editorial distributed 
                        through the facilities of any broadcasting 
                        station or any online or digital newspaper, 
                        magazine, blog, publication, or periodical, 
                        unless such broadcasting, online, or digital 
                        facilities are owned or controlled by any 
                        political party, political committee, or 
                        candidate;''.

SEC. 743. APPLICATION OF DISCLAIMER STATEMENTS TO ONLINE 
              COMMUNICATIONS.

    (a) Clear and Conspicuous Manner Requirement.--Subsection (a) of 
section 318 of the Federal Election Campaign Act of 1971 (52 U.S.C. 
30120(a)) is amended--
            (1) by striking ``shall clearly state'' each place it 
        appears in paragraphs (1), (2), and (3) and inserting ``shall 
        state in a clear and conspicuous manner''; and
            (2) by adding at the end the following flush sentence: 
        ``For purposes of this section, a communication does not make a 
        statement in a clear and conspicuous manner if it is difficult 
        to read or hear or if the placement is easily overlooked.''.
    (b) Special Rules for Qualified Internet or Digital 
Communications.--
            (1) In general.--Section 318 of such Act (52 U.S.C. 30120) 
        is amended by adding at the end the following new subsection:
    ``(e) Special Rules for Qualified Internet or Digital 
Communications.--
            ``(1) Special rules with respect to statements.--In the 
        case of any communication to which this section applies which 
        is a qualified internet or digital communication (as defined in 
        section 304(f)(3)(D)) which is disseminated through a medium in 
        which the provision of all of the information specified in this 
        section is not possible, the communication shall, in a clear 
        and conspicuous manner--
                    ``(A) state the name of the person who paid for the 
                communication; and
                    ``(B) provide a means for the recipient of the 
                communication to obtain the remainder of the 
                information required under this section with minimal 
                effort and without receiving or viewing any additional 
                material other than such required information.
            ``(2) Safe harbor for determining clear and conspicuous 
        manner.--A statement in a qualified internet or digital 
        communication (as defined in section 304(f)(3)(D)) shall be 
        considered to be made in a clear and conspicuous manner as 
        provided in subsection (a) if the communication meets the 
        following requirements:
                    ``(A) Text or graphic communications.--In the case 
                of a text or graphic communication, the statement--
                            ``(i) appears in letters at least as large 
                        as the majority of the text in the 
                        communication; and
                            ``(ii) meets the requirements of paragraphs 
                        (2) and (3) of subsection (c).
                    ``(B) Audio communications.--In the case of an 
                audio communication, the statement is spoken in a 
                clearly audible and intelligible manner at the 
                beginning or end of the communication and lasts at 
                least 3 seconds.
                    ``(C) Video communications.--In the case of a video 
                communication which also includes audio, the 
                statement--
                            ``(i) is included at either the beginning 
                        or the end of the communication; and
                            ``(ii) is made both in--
                                    ``(I) a written format that meets 
                                the requirements of subparagraph (A) 
                                and appears for at least 4 seconds; and
                                    ``(II) an audible format that meets 
                                the requirements of subparagraph (B).
                    ``(D) Other communications.--In the case of any 
                other type of communication, the statement is at least 
                as clear and conspicuous as the statement specified in 
                subparagraph (A), (B), or (C).''.
            (2) Nonapplication of certain exceptions.--The exceptions 
        provided in section 110.11(f)(1) (i) and (ii) of title 11, Code 
        of Federal Regulations, or any successor to such rules, shall 
        have no application to qualified internet or digital 
        communications (as defined in section 304(f)(3)(D) of the 
        Federal Election Campaign Act of 1971, as added by this Act).
    (c) Modification of Additional Requirements for Certain 
Communications.--Section 318(d) of such Act (52 U.S.C. 30120(d)) is 
amended--
            (1) in paragraph (1)(A)--
                    (A) by striking ``which is transmitted through 
                radio'' and inserting ``which is in an audio format''; 
                and
                    (B) by striking ``By radio'' in the heading and 
                inserting ``Audio format'';
            (2) in paragraph (1)(B)--
                    (A) by striking ``which is transmitted through 
                television'' and inserting ``which is in video 
                format''; and
                    (B) by striking ``By television'' in the heading 
                and inserting ``Video format''; and
            (3) in paragraph (2)--
                    (A) by striking ``transmitted through radio or 
                television'' and inserting ``made in audio or video 
                format''; and
                    (B) by striking ``through television'' in the 
                second sentence and inserting ``in video format''.

SEC. 744. POLITICAL RECORD REQUIREMENTS FOR ONLINE PLATFORMS.

    (a) In General.--Section 304 of the Federal Election Campaign Act 
of 1971 (52 U.S.C. 30104), as amended by sections 141 and 733, is 
further amended by adding at the end the following new subsection:
    ``(j) Disclosure of Certain Online Advertisements.--
            ``(1) In general.--
                    ``(A) Requirements for online platforms.--An online 
                platform shall maintain, and make available for online 
                public inspection in machine readable format, a 
                complete record of any request to purchase on such 
                online platform a qualified political advertisement 
                which is made by a person whose aggregate requests to 
                purchase qualified political advertisements on such 
                online platform during the calendar year exceeds $500.
                    ``(B) Requirements for advertisers.--Any person who 
                requests to purchase a qualified political 
                advertisement on an online platform shall provide the 
                online platform with such information as is necessary 
                for the online platform to comply with the requirements 
                of subparagraph (A).
            ``(2) Contents of record.--A record maintained under 
        paragraph (1)(A) shall contain--
                    ``(A) a digital copy of the qualified political 
                advertisement;
                    ``(B) a description of the audience targeted by the 
                advertisement, the number of views generated from the 
                advertisement, and the date and time that the 
                advertisement is first displayed and last displayed; 
                and
                    ``(C) information regarding--
                            ``(i) the average rate charged for the 
                        advertisement;
                            ``(ii) the name of the candidate to which 
                        the advertisement refers and the office to 
                        which the candidate is seeking election, the 
                        election to which the advertisement refers, or 
                        the national legislative issue to which the 
                        advertisement refers (as applicable);
                            ``(iii) in the case of a request made by, 
                        or on behalf of, a candidate, the name of the 
                        candidate, the authorized committee of the 
                        candidate, and the treasurer of such committee; 
                        and
                            ``(iv) in the case of any request not 
                        described in clause (iii), the name of the 
                        person purchasing the advertisement, the name, 
                        address, and phone number of a contact person 
                        for such person, and a list of the chief 
                        executive officers or members of the executive 
                        committee or of the board of directors of such 
                        person.
            ``(3) Online platform.--For purposes of this subsection, 
        the term `online platform' means any public-facing website, web 
        application, or digital application (including a social 
        network, ad network, or search engine) which--
                    ``(A) sells qualified political advertisements; and
                    ``(B) has 50,000,000 or more unique monthly United 
                States visitors or users for a majority of months 
                during the preceding 12 months.
            ``(4) Qualified political advertisement.--For purposes of 
        this subsection, the term `qualified political advertisement' 
        means any advertisement (including search engine marketing, 
        display advertisements, video advertisements, native 
        advertisements, and sponsorships) that--
                    ``(A) is made by or on behalf of a candidate; or
                    ``(B) communicates a message relating to any 
                political matter of national importance, including--
                            ``(i) a candidate;
                            ``(ii) any election to Federal office; or
                            ``(iii) a national legislative issue of 
                        public importance.
            ``(5) Time to maintain file.--The information required 
        under this subsection shall be made available as soon as 
        possible and shall be retained by the online platform for a 
        period of not less than 4 years.
            ``(6) Penalties.--For penalties for failure by online 
        platforms, and persons requesting to purchase a qualified 
        political advertisement on online platforms, to comply with the 
        requirements of this subsection, see section 309.''.
    (b) Rulemaking.--Not later than 90 days after the date of the 
enactment of this Act, the Federal Election Commission shall establish 
rules--
            (1) requiring common data formats for the record required 
        to be maintained under section 304(j) of the Federal Election 
        Campaign Act of 1971 (as added by subsection (a)) so that all 
        online platforms submit and maintain data online in a common, 
        machine-readable and publicly accessible format; and
            (2) establishing search interface requirements relating to 
        such record, including searches by candidate name, issue, 
        purchaser, and date.
    (c) Reporting.--Not later than 2 years after the date of the 
enactment of this Act, and biannually thereafter, the Chairman of the 
Federal Election Commission shall submit a report to Congress on--
            (1) matters relating to compliance with and the enforcement 
        of the requirements of section 304(j) of the Federal Election 
        Campaign Act of 1971, as added by subsection (a);
            (2) recommendations for any modifications to such section 
        to assist in carrying out its purposes; and
            (3) identifying ways to bring transparency and 
        accountability to political advertisements distributed online 
        for free.

SEC. 745. PREVENTING CONTRIBUTIONS, EXPENDITURES, INDEPENDENT 
              EXPENDITURES, AND DISBURSEMENTS FOR ELECTIONEERING 
              COMMUNICATIONS BY FOREIGN NATIONALS IN THE FORM OF ONLINE 
              ADVERTISING.

    Section 319 of the Federal Election Campaign Act of 1971 (52 U.S.C. 
30121), as amended by section 721, is amended by adding at the end the 
following new subsection:
    ``(e) Each television or radio broadcast station, provider of cable 
or satellite television, or online platform (as defined in section 
304(k)(3)) shall exercise due diligence to ensure that communications 
described in section 318(a) and made available by such station, 
provider, or platform are not purchased by a foreign national, directly 
or indirectly.''.

                      Subtitle C--Public Financing

      PART I--SMALL DOLLAR FINANCING OF SENATE ELECTION CAMPAIGNS

SEC. 751. ELIGIBILITY REQUIREMENTS AND BENEFITS OF FAIR ELECTIONS 
              FINANCING OF SENATE ELECTION CAMPAIGNS.

    The Federal Election Campaign Act of 1971 (52 U.S.C. 30101 et seq.) 
is amended by adding at the end the following:

    ``TITLE V--FAIR ELECTIONS FINANCING OF SENATE ELECTION CAMPAIGNS

                    ``Subtitle A--General Provisions

``SEC. 501. DEFINITIONS.

    ``In this title:
            ``(1) Allocation from the fund.--The term `allocation from 
        the Fund' means an allocation of money from the Freedom From 
        Influence Fund to a participating candidate pursuant to section 
        522.
            ``(2) Commission.--The term `Commission' means the Federal 
        Election Commission.
            ``(3) Enhanced matching contribution.--The term `enhanced 
        matching contribution' means an enhanced matching payment 
        provided to a participating candidate for qualified small 
        dollar contributions, as provided under section 524.
            ``(4) Enhanced support qualifying period.--The term 
        `enhanced support qualifying period' means, with respect to a 
        general election, the period which begins 60 days before the 
        date of the election and ends 14 days before the date of the 
        election.
            ``(5) Fair elections qualifying period.--The term `Fair 
        Elections qualifying period' means, with respect to any 
        candidate for Senator, the period--
                    ``(A) beginning on the date on which the candidate 
                files a statement of intent under section 511(a)(1); 
                and
                    ``(B) ending on the date that is 30 days before--
                            ``(i) the date of the primary election; or
                            ``(ii) in the case of a State that does not 
                        hold a primary election, the date prescribed by 
                        State law as the last day to qualify for a 
                        position on the general election ballot.
            ``(6) Fair elections start date.--The term `Fair Elections 
        start date' means, with respect to any candidate, the date that 
        is 180 days before--
                    ``(A) the date of the primary election; or
                    ``(B) in the case of a State that does not hold a 
                primary election, the date prescribed by State law as 
                the last day to qualify for a position on the general 
                election ballot.
            ``(7) Fund.--The term `Fund' means the Freedom From 
        Influence Fund established by section 502.
            ``(8) Immediate family.--The term `immediate family' means, 
        with respect to any candidate--
                    ``(A) the candidate's spouse;
                    ``(B) a child, stepchild, parent, grandparent, 
                brother, half-brother, sister, or half-sister of the 
                candidate or the candidate's spouse; and
                    ``(C) the spouse of any person described in 
                subparagraph (B).
            ``(9) Matching contribution.--The term `matching 
        contribution' means a matching payment provided to a 
        participating candidate for qualified small dollar 
        contributions, as provided under section 523.
            ``(10) Nonparticipating candidate.--The term 
        `nonparticipating candidate' means a candidate for Senator who 
        is not a participating candidate.
            ``(11) Participating candidate.--The term `participating 
        candidate' means a candidate for Senator who is certified under 
        section 514 as being eligible to receive an allocation from the 
        Fund.
            ``(12) Qualifying contribution.--The term `qualifying 
        contribution' means, with respect to a candidate, a 
        contribution that--
                    ``(A) is in an amount that is--
                            ``(i) not less than the greater of $5 or 
                        the amount determined by the Commission under 
                        section 531; and
                            ``(ii) not more than the greater of $200 or 
                        the amount determined by the Commission under 
                        section 531;
                    ``(B) is made by an individual--
                            ``(i) who is a resident of the State in 
                        which such candidate is seeking election; and
                            ``(ii) who is not otherwise prohibited from 
                        making a contribution under this Act;
                    ``(C) is made during the Fair Elections qualifying 
                period; and
                    ``(D) meets the requirements of section 512(b).
            ``(13) Qualified small dollar contribution.--The term 
        `qualified small dollar contribution' means, with respect to a 
        candidate, any contribution (or series of contributions)--
                    ``(A) which is not a qualifying contribution (or 
                does not include a qualifying contribution);
                    ``(B) which is made by an individual who is not 
                prohibited from making a contribution under this Act; 
                and
                    ``(C) the aggregate amount of which does not exceed 
                the greater of--
                            ``(i) $200 per election; or
                            ``(ii) the amount per election determined 
                        by the Commission under section 531.
            ``(14) Qualifying multicandidate political committee 
        contribution.--
                    ``(A) In general.--The term `qualifying 
                multicandidate political committee contribution' means 
                any contribution to a candidate that is made from a 
                qualified account of a multicandidate political 
                committee (within the meaning of section 315(a)(2)).
                    ``(B) Qualified account.--For purposes of 
                subparagraph (A), the term `qualified account' means, 
                with respect to a multicandidate political committee, a 
                separate, segregated account of the committee that 
                consists solely of contributions which meet the 
                following requirements:
                            ``(i) All contributions to such account are 
                        made by individuals who are not prohibited from 
                        making contributions under this Act.
                            ``(ii) The aggregate amount of 
                        contributions from each individual to such 
                        account and all other accounts of the political 
                        committee do not exceed the amount described in 
                        paragraph (13)(C).

``SEC. 502. FREEDOM FROM INFLUENCE FUND.

    ``(a) Establishment.--There is established in the Treasury a fund 
to be known as the `Freedom From Influence Fund'.
    ``(b) Amounts Held by Fund.--The Fund shall consist of the 
following amounts:
            ``(1) Assessments against fines, settlements, and 
        penalties.--Amounts transferred under section 3015 of title 18, 
        United States Code, section 9707 of title 31, United States 
        Code, and section 6761 of the Internal Revenue Code of 1986.
            ``(2) Deposits.--Amounts deposited into the Fund under--
                    ``(A) section 513(c) (relating to exceptions to 
                contribution requirements);
                    ``(B) section 521(c) (relating to remittance of 
                unused payments from the Fund); and
                    ``(C) section 532 (relating to violations).
            ``(3) Investment returns.--Interest on, and the proceeds 
        from, the sale or redemption of any obligations held by the 
        Fund under subsection (c).
    ``(c) Investment.--The Commission shall invest portions of the Fund 
in obligations of the United States in the same manner as provided 
under section 9602(b) of the Internal Revenue Code of 1986.
    ``(d) Use of Fund To Make Payments to Participating Candidates.--
            ``(1) Payments to participating candidates.--Amounts in the 
        Fund shall be available without further appropriation or fiscal 
        year limitation to make payments to participating candidates as 
        provided in this title.
            ``(2) Mandatory reduction of payments in case of 
        insufficient amounts in fund.--
                    ``(A) Advance audits by commission.--Not later than 
                90 days before the first day of each election cycle 
                (beginning with the first election cycle that begins 
                after the date of the enactment of this title), the 
                Commission shall--
                            ``(i) audit the Fund to determine whether 
                        the amounts in the Fund will be sufficient to 
                        make payments to participating candidates in 
                        the amounts provided in this title during such 
                        election cycle; and
                            ``(ii) submit a report to Congress 
                        describing the results of the audit.
                    ``(B) Reductions in amount of payments.--
                            ``(i) Automatic reduction on pro rata 
                        basis.--If, on the basis of the audit described 
                        in subparagraph (A), the Commission determines 
                        that the amount anticipated to be available in 
                        the Fund with respect to the election cycle 
                        involved is not, or may not be, sufficient to 
                        satisfy the full entitlements of participating 
                        candidates to payments under this title for 
                        such election cycle, the Commission shall 
                        reduce each amount which would otherwise be 
                        paid to a participating candidate under this 
                        title by such pro rata amount as may be 
                        necessary to ensure that the aggregate amount 
                        of payments anticipated to be made with respect 
                        to the election cycle will not exceed the 
                        amount anticipated to be available for such 
                        payments in the Fund with respect to such 
                        election cycle.
                            ``(ii) Restoration of reductions in case of 
                        availability of sufficient funds during 
                        election cycle.--If, after reducing the amounts 
                        paid to participating candidates with respect 
                        to an election cycle under clause (i), the 
                        Commission determines that there are sufficient 
                        amounts in the Fund to restore the amount by 
                        which such payments were reduced (or any 
                        portion thereof), to the extent that such 
                        amounts are available, the Commission may make 
                        a payment on a pro rata basis to each such 
                        participating candidate with respect to the 
                        election cycle in the amount by which such 
                        candidate's payments were reduced under clause 
                        (i) (or any portion thereof, as the case may 
                        be).
                            ``(iii) No use of amounts from other 
                        sources.--In any case in which the Commission 
                        determines that there are insufficient moneys 
                        in the Fund to make payments to participating 
                        candidates under this title, moneys shall not 
                        be made available from any other source for the 
                        purpose of making such payments.
    ``(e) Use of Fund To Make Other Payments.--In addition to the use 
described in subsection (d), amounts in the Fund shall be available 
without further appropriation or fiscal year limitation--
            ``(1) to make payments under chapter 95 of subtitle H of 
        the Internal Revenue Code of 1986 pursuant to sections 9006(b) 
        and 9008(j) of such Code, subject to reductions under section 
        9013(b) of such Code; and
            ``(2) to make payments to candidates under chapter 96 of 
        subtitle H of the Internal Revenue Code of 1986, subject to 
        reductions under section 9043(b) of such Code.
    ``(f) Effective Date.--This section shall take effect on the date 
of the enactment of this title.

              ``Subtitle B--Eligibility and Certification

``SEC. 511. ELIGIBILITY.

    ``(a) In General.--A candidate for Senator is eligible to receive 
an allocation from the Fund for any election if the candidate meets the 
following requirements:
            ``(1) The candidate files with the Commission a statement 
        of intent to seek certification as a participating candidate 
        under this title during the period beginning on the Fair 
        Elections start date and ending on the last day of the Fair 
        Elections qualifying period.
            ``(2) The candidate meets the qualifying contribution 
        requirements of section 512.
            ``(3) Not later than the last day of the Fair Elections 
        qualifying period, the candidate files with the Commission an 
        affidavit signed by the candidate and the treasurer of the 
        candidate's principal campaign committee declaring that the 
        candidate--
                    ``(A) has complied and, if certified, will comply 
                with the contribution and expenditure requirements of 
                section 513;
                    ``(B) if certified, will not run as a 
                nonparticipating candidate during such year in any 
                election for the office that such candidate is seeking; 
                and
                    ``(C) has either qualified or will take steps to 
                qualify under State law to be on the ballot.
    ``(b) General Election.--Notwithstanding subsection (a), a 
candidate shall not be eligible to receive an allocation from the Fund 
for a general election or a general runoff election unless the 
candidate's party nominated the candidate to be placed on the ballot 
for the general election or the candidate otherwise qualified to be on 
the ballot under State law.

``SEC. 512. QUALIFYING CONTRIBUTION REQUIREMENT.

    ``(a) In General.--A candidate for Senator meets the requirement of 
this section if, during the Fair Elections qualifying period, the 
candidate obtains--
            ``(1) a number of qualifying contributions equal to the 
        greater of--
                    ``(A) the sum of--
                            ``(i) 2,000; plus
                            ``(ii) 500 for each congressional district 
                        in the State with respect to which the 
                        candidate is seeking election; or
                    ``(B) the amount determined by the Commission under 
                section 531; and
            ``(2) a total dollar amount of qualifying contributions 
        equal to the greater of--
                    ``(A) 10 percent of the amount of the allocation 
                such candidate would be entitled to receive for the 
                primary election under section 522(c)(1) (determined 
                without regard to paragraph (5) thereof) if such 
                candidate were a participating candidate; or
                    ``(B) the amount determined by the Commission under 
                section 531.
    ``(b) Requirements Relating to Receipt of Qualifying 
Contribution.--Each qualifying contribution--
            ``(1) may be made by means of a personal check, money 
        order, debit card, credit card, or electronic payment account;
            ``(2) shall be accompanied by a signed statement 
        containing--
                    ``(A) the contributor's name and the contributor's 
                address in the State in which the contributor is 
                registered to vote; and
                    ``(B) an oath declaring that the contributor--
                            ``(i) understands that the purpose of the 
                        qualifying contribution is to show support for 
                        the candidate so that the candidate may qualify 
                        for Fair Elections financing;
                            ``(ii) is making the contribution in his or 
                        her own name and from his or her own funds;
                            ``(iii) has made the contribution 
                        willingly; and
                            ``(iv) has not received anything of value 
                        in return for the contribution; and
            ``(3) shall be acknowledged by a receipt that is sent to 
        the contributor with a copy kept by the candidate for the 
        Commission and a copy kept by the candidate for the election 
        authorities in the State with respect to which the candidate is 
        seeking election.
    ``(c) Verification of Qualifying Contributions.--The Commission 
shall establish procedures for the auditing and verification of 
qualifying contributions to ensure that such contributions meet the 
requirements of this section.

``SEC. 513. CONTRIBUTION AND EXPENDITURE REQUIREMENTS.

    ``(a) General Rule.--A candidate for Senator meets the requirements 
of this section if, during the election cycle of the candidate, the 
candidate--
            ``(1) except as provided in subsection (b), accepts no 
        contributions other than--
                    ``(A) qualifying contributions;
                    ``(B) qualified small dollar contributions;
                    ``(C) qualifying multicandidate political committee 
                contributions;
                    ``(D) allocations from the Fund under section 522;
                    ``(E) matching contributions under section 523;
                    ``(F) enhanced matching contributions under section 
                524; and
                    ``(G) vouchers provided to the candidate under 
                section 525;
            ``(2) makes no expenditures from any amounts other than 
        from--
                    ``(A) qualifying contributions;
                    ``(B) qualified small dollar contributions;
                    ``(C) qualifying multicandidate political committee 
                contributions;
                    ``(D) allocations from the Fund under section 522;
                    ``(E) matching contributions under section 523;
                    ``(F) enhanced matching contributions under section 
                524; and
                    ``(G) vouchers provided to the candidate under 
                section 525; and
            ``(3) makes no expenditures from personal funds or the 
        funds of any immediate family member (other than funds received 
        through qualified small dollar contributions and qualifying 
        contributions).
For purposes of this subsection, a payment made by a political party in 
coordination with a participating candidate shall not be treated as a 
contribution to or as an expenditure made by the participating 
candidate.
    ``(b) Contributions for Leadership PACs, etc.--A political 
committee of a participating candidate which is not an authorized 
committee of such candidate may accept contributions other than 
contributions described in subsection (a)(1) from any person if--
            ``(1) the aggregate contributions from such person for any 
        calendar year do not exceed $200; and
            ``(2) no portion of such contributions is disbursed in 
        connection with the campaign of the participating candidate.
    ``(c) Exception.--Notwithstanding subsection (a), a candidate shall 
not be treated as having failed to meet the requirements of this 
section if any contributions that are not qualified small dollar 
contributions, qualifying contributions, qualifying multicandidate 
political committee contributions, or contributions that meet the 
requirements of subsection (b) and that are accepted before the date 
the candidate files a statement of intent under section 511(a)(1) are--
            ``(1) returned to the contributor; or
            ``(2) submitted to the Commission for deposit in the Fund.

``SEC. 514. CERTIFICATION.

    ``(a) In General.--Not later than 5 days after a candidate for 
Senator files an affidavit under section 511(a)(3), the Commission 
shall--
            ``(1) certify whether or not the candidate is a 
        participating candidate; and
            ``(2) notify the candidate of the Commission's 
        determination.
    ``(b) Revocation of Certification.--
            ``(1) In general.--The Commission may revoke a 
        certification under subsection (a) if--
                    ``(A) a candidate fails to qualify to appear on the 
                ballot at any time after the date of certification; or
                    ``(B) a candidate otherwise fails to comply with 
                the requirements of this title, including any 
                regulatory requirements prescribed by the Commission.
            ``(2) Repayment of benefits.--If certification is revoked 
        under paragraph (1), the candidate shall repay to the Fund an 
        amount equal to the value of benefits received under this title 
        plus interest (at a rate determined by the Commission) on any 
        such amount received.

                         ``Subtitle C--Benefits

``SEC. 521. BENEFITS FOR PARTICIPATING CANDIDATES.

    ``(a) In General.--For each election with respect to which a 
candidate is certified as a participating candidate under section 514, 
such candidate shall be entitled to--
            ``(1) an allocation from the Fund to make or obligate to 
        make expenditures with respect to such election, as provided in 
        section 522;
            ``(2) matching contributions, as provided in section 523;
            ``(3) enhanced matching contributions, as provided in 
        section 524; and
            ``(4) for the general election, vouchers for broadcasts of 
        political advertisements, as provided in section 525.
    ``(b) Restriction on Uses of Allocations From the Fund.--
Allocations from the Fund received by a participating candidate under 
section 522, matching contributions under section 523, and enhanced 
matching contributions under section 524 may only be used for campaign-
related costs.
    ``(c) Remitting Allocations From the Fund.--
            ``(1) In general.--Not later than the date that is 45 days 
        after an election in which the participating candidate appeared 
        on the ballot, such participating candidate shall remit to the 
        Commission for deposit in the Fund an amount equal to the 
        lesser of--
                    ``(A) the amount of money in the candidate's 
                campaign account; or
                    ``(B) the sum of the allocations from the Fund 
                received by the candidate under section 522, the 
                matching contributions received by the candidate under 
                section 523, and the enhanced matching contributions 
                under section 524.
            ``(2) Exception.--In the case of a candidate who qualifies 
        to be on the ballot for a primary runoff election, a general 
        election, or a general runoff election, the amounts described 
        in paragraph (1) may be retained by the candidate and used in 
        such subsequent election.

``SEC. 522. ALLOCATIONS FROM THE FUND.

    ``(a) In General.--The Commission shall make allocations from the 
Fund under section 521(a)(1) to a participating candidate--
            ``(1) in the case of amounts provided under subsection 
        (c)(1), not later than 48 hours after the date on which such 
        candidate is certified as a participating candidate under 
        section 514;
            ``(2) in the case of a general election, not later than 48 
        hours after--
                    ``(A) the date of the certification of the results 
                of the primary election or the primary runoff election; 
                or
                    ``(B) in any case in which there is no primary 
                election, the date the candidate qualifies to be placed 
                on the ballot; and
            ``(3) in the case of a primary runoff election or a general 
        runoff election, not later than 48 hours after the 
        certification of the results of the primary election or the 
        general election, as the case may be.
    ``(b) Method of Payment.--The Commission shall distribute funds 
available to participating candidates under this section through the 
use of an electronic funds exchange or a debit card.
    ``(c) Amounts.--
            ``(1) Primary election allocation; initial allocation.--
        Except as provided in paragraph (5), the Commission shall make 
        an allocation from the Fund for a primary election to a 
        participating candidate in an amount equal to 67 percent of the 
        base amount with respect to such participating candidate.
            ``(2) Primary runoff election allocation.--The Commission 
        shall make an allocation from the Fund for a primary runoff 
        election to a participating candidate in an amount equal to 25 
        percent of the amount the participating candidate was eligible 
        to receive under this section for the primary election.
            ``(3) General election allocation.--Except as provided in 
        paragraph (5), the Commission shall make an allocation from the 
        Fund for a general election to a participating candidate in an 
        amount equal to the base amount with respect to such candidate.
            ``(4) General runoff election allocation.--The Commission 
        shall make an allocation from the Fund for a general runoff 
        election to a participating candidate in an amount equal to 25 
        percent of the base amount with respect to such candidate.
            ``(5) Uncontested elections.--
                    ``(A) In general.--In the case of a primary or 
                general election that is an uncontested election, the 
                Commission shall make an allocation from the Fund to a 
                participating candidate for such election in an amount 
                equal to 25 percent of the allocation which such 
                candidate would be entitled to under this section for 
                such election if this paragraph did not apply.
                    ``(B) Uncontested election defined.--For purposes 
                of this subparagraph, an election is uncontested if not 
                more than 1 candidate has campaign funds (including 
                payments from the Fund) in an amount equal to or 
                greater than 10 percent of the allocation a 
                participating candidate would be entitled to receive 
                under this section for such election if this paragraph 
                did not apply.
    ``(d) Base Amount.--
            ``(1) In general.--Except as otherwise provided in this 
        subsection, the base amount for any candidate is an amount 
        equal to the greater of--
                    ``(A) the sum of--
                            ``(i) $750,000; plus
                            ``(ii) $150,000 for each congressional 
                        district in the State with respect to which the 
                        candidate is seeking election; or
                    ``(B) the amount determined by the Commission under 
                section 531.
            ``(2) Indexing.--In each even-numbered year after 2025--
                    ``(A) each dollar amount under paragraph (1)(A) 
                shall be increased by the percent difference between 
                the price index (as defined in section 315(c)(2)(A)) 
                for the 12 months preceding the beginning of such 
                calendar year and the price index for calendar year 
                2022;
                    ``(B) each dollar amount so increased shall remain 
                in effect for the 2-year period beginning on the first 
                day following the date of the last general election in 
                the year preceding the year in which the amount is 
                increased and ending on the date of the next general 
                election; and
                    ``(C) if any amount after adjustment under 
                subparagraph (A) is not a multiple of $100, such amount 
                shall be rounded to the nearest multiple of $100.

``SEC. 523. MATCHING PAYMENTS FOR QUALIFIED SMALL DOLLAR CONTRIBUTIONS.

    ``(a) In General.--The Commission shall pay to each participating 
candidate an amount equal to 600 percent of the amount of qualified 
small dollar contributions received by the candidate from individuals 
who are residents of the State in which such participating candidate is 
seeking election after the date on which such candidate is certified 
under section 514.
    ``(b) Limitation.--The aggregate payments under subsection (a) with 
respect to any candidate shall not exceed the greater of--
            ``(1) 400 percent of the allocation such candidate is 
        entitled to receive for such election under section 522 
        (determined without regard to subsection (c)(5) thereof); or
            ``(2) the percentage of such allocation determined by the 
        Commission under section 531.
    ``(c) Time of Payment.--The Commission shall make payments under 
this section not later than 2 business days after the receipt of a 
report made under subsection (d).
    ``(d) Reports.--
            ``(1) In general.--Each participating candidate shall file 
        reports of receipts of qualified small dollar contributions at 
        such times and in such manner as the Commission may by 
        regulations prescribe.
            ``(2) Contents of reports.--Each report under this 
        subsection shall disclose--
                    ``(A) the amount of each qualified small dollar 
                contribution received by the candidate;
                    ``(B) the amount of each qualified small dollar 
                contribution received by the candidate from a resident 
                of the State in which the candidate is seeking 
                election; and
                    ``(C) the name, address, and occupation of each 
                individual who made a qualified small dollar 
                contribution to the candidate.
            ``(3) Frequency of reports.--Reports under this subsection 
        shall be made no more frequently than--
                    ``(A) once every month until the date that is 90 
                days before the date of the election;
                    ``(B) once every week after the period described in 
                subparagraph (A) and until the date that is 21 days 
                before the election; and
                    ``(C) once every day after the period described in 
                subparagraph (B).
            ``(4) Limitation on regulations.--The Commission may not 
        prescribe any regulations with respect to reporting under this 
        subsection with respect to any election after the date that is 
        180 days before the date of such election.
    ``(e) Appeals.--The Commission shall provide a written explanation 
with respect to any denial of any payment under this section and shall 
provide the opportunity for review and reconsideration within 5 
business days of such denial.

``SEC. 524. ENHANCED MATCHING SUPPORT.

    ``(a) In General.--In addition to the payments made under section 
523, the Commission shall make an additional payment to an eligible 
candidate under this section.
    ``(b) Eligibility.--A candidate is eligible to receive an 
additional payment under this section if the candidate meets each of 
the following requirements:
            ``(1) The candidate is on the ballot for the general 
        election for the office the candidate seeks.
            ``(2) The candidate is certified as a participating 
        candidate under this title with respect to the election.
            ``(3) During the enhanced support qualifying period, the 
        candidate receives qualified small dollar contributions in a 
        total amount of not less than the sum of $15,000 for each 
        congressional district in the State with respect to which the 
        candidate is seeking election.
            ``(4) During the enhanced support qualifying period, the 
        candidate submits to the Commission a request for the payment 
        which includes--
                    ``(A) a statement of the number and amount of 
                qualified small dollar contributions received by the 
                candidate during the enhanced support qualifying 
                period;
                    ``(B) a statement of the amount of the payment the 
                candidate anticipates receiving with respect to the 
                request; and
                    ``(C) such other information and assurances as the 
                Commission may require.
            ``(5) After submitting a request for the additional payment 
        under paragraph (4), the candidate does not submit any other 
        application for an additional payment under this title.
    ``(c) Amount.--
            ``(1) In general.--Subject to paragraph (2), the amount of 
        the additional payment made to an eligible candidate under this 
        subtitle shall be an amount equal to 50 percent of--
                    ``(A) the amount of the payment made to the 
                candidate under section 523 with respect to the 
                qualified small dollar contributions which are received 
                by the candidate during the enhanced support qualifying 
                period (as included in the request submitted by the 
                candidate under (b)(4)(A)); or
                    ``(B) in the case of a candidate who is not 
                eligible to receive a payment under section 523 with 
                respect to such qualified small dollar contributions 
                because the candidate has reached the limit on the 
                aggregate amount of payments under section 523, the 
                amount of the payment which would have been made to the 
                candidate under section 523 with respect to such 
                qualified small dollar contributions if the candidate 
                had not reached such limit.
            ``(2) Limit.--The amount of the additional payment 
        determined under paragraph (1) with respect to a candidate may 
        not exceed the sum of $150,000 for each congressional district 
        in the State with respect to which the candidate is seeking 
        election.
            ``(3) No effect on aggregate limit.--The amount of the 
        additional payment made to a candidate under this section shall 
        not be included in determining the aggregate amount of payments 
        made to a participating candidate with respect to an election 
        cycle under section 523.

``SEC. 525. POLITICAL ADVERTISING VOUCHERS.

    ``(a) In General.--The Commission shall establish and administer a 
voucher program for the purchase of airtime on broadcasting stations 
for political advertisements in accordance with the provisions of this 
section.
    ``(b) Candidates.--The Commission shall only disburse vouchers 
under the program established under subsection (a) to participants 
certified pursuant to section 514 who have agreed in writing to keep 
and furnish to the Commission such records, books, and other 
information as it may require.
    ``(c) Amounts.--The Commission shall disburse vouchers to each 
candidate certified under subsection (b) in an aggregate amount equal 
to the greater of--
            ``(1) $100,000 multiplied by the number of congressional 
        districts in the State with respect to which such candidate is 
        running for office; or
            ``(2) the amount determined by the Commission under section 
        531.
    ``(d) Use.--
            ``(1) Exclusive use.--Vouchers disbursed by the Commission 
        under this section may be used only for the purchase of 
        broadcast airtime for political advertisements relating to a 
        general election for the office of Senate by the participating 
        candidate to which the vouchers were disbursed, except that--
                    ``(A) a candidate may exchange vouchers with a 
                political party under paragraph (2); and
                    ``(B) a political party may use vouchers only to 
                purchase broadcast airtime for political advertisements 
                for generic party advertising (as defined by the 
                Commission in regulations), to support candidates for 
                State or local office in a general election, or to 
                support participating candidates of the party in a 
                general election for Federal office, but only if it 
                discloses the value of the voucher used as an 
                expenditure under section 315(d).
            ``(2) Exchange with political party committee.--
                    ``(A) In general.--A participating candidate who 
                receives a voucher under this section may transfer the 
                right to use all or a portion of the value of the 
                voucher to a committee of the political party of which 
                the individual is a candidate (or, in the case of a 
                participating candidate who is not a member of any 
                political party, to a committee of the political party 
                of that candidate's choice) in exchange for money in an 
                amount equal to the cash value of the voucher or 
                portion exchanged.
                    ``(B) Continuation of candidate obligations.--The 
                transfer of a voucher, in whole or in part, to a 
                political party committee under this paragraph does not 
                release the candidate from any obligation under the 
                agreement made under subsection (b) or otherwise modify 
                that agreement or its application to that candidate.
                    ``(C) Party committee obligations.--Any political 
                party committee to which a voucher or portion thereof 
                is transferred under subparagraph (A)--
                            ``(i) shall account fully, in accordance 
                        with such requirements as the Commission may 
                        establish, for the receipt of the voucher; and
                            ``(ii) may not use the transferred voucher 
                        or portion thereof for any purpose other than a 
                        purpose described in paragraph (1)(B).
                    ``(D) Voucher as a contribution under feca.--If a 
                candidate transfers a voucher or any portion thereof to 
                a political party committee under subparagraph (A)--
                            ``(i) the value of the voucher or portion 
                        thereof transferred shall be treated as a 
                        contribution from the candidate to the 
                        committee, and from the committee to the 
                        candidate, for purposes of sections 302 and 
                        304;
                            ``(ii) the committee may, in exchange, 
                        provide to the candidate only funds subject to 
                        the prohibitions, limitations, and reporting 
                        requirements of title III of this Act; and
                            ``(iii) the amount, if identified as a 
                        `voucher exchange', shall not be considered a 
                        contribution for the purposes of sections 315 
                        and 513.
    ``(e) Value; Acceptance; Redemption.--
            ``(1) Voucher.--Each voucher disbursed by the Commission 
        under this section shall have a value in dollars, redeemable 
        upon presentation to the Commission, together with such 
        documentation and other information as the Commission may 
        require, for the purchase of broadcast airtime for political 
        advertisements in accordance with this section.
            ``(2) Acceptance.--A broadcasting station shall accept 
        vouchers in payment for the purchase of broadcast airtime for 
        political advertisements in accordance with this section.
            ``(3) Redemption.--The Commission shall redeem vouchers 
        accepted by broadcasting stations under paragraph (2) upon 
        presentation, subject to such documentation, verification, 
        accounting, and application requirements as the Commission may 
        impose to ensure the accuracy and integrity of the voucher 
        redemption system.
            ``(4) Expiration.--
                    ``(A) Candidates.--A voucher may only be used to 
                pay for broadcast airtime for political advertisements 
                to be broadcast before midnight on the day before the 
                date of the Federal election in connection with which 
                it was issued and shall be null and void for any other 
                use or purpose.
                    ``(B) Exception for political party committees.--A 
                voucher held by a political party committee may be used 
                to pay for broadcast airtime for political 
                advertisements to be broadcast before midnight on 
                December 31st of the odd-numbered year following the 
                year in which the voucher was issued by the Commission.
            ``(5) Voucher as expenditure under feca.--The use of a 
        voucher to purchase broadcast airtime constitutes an 
        expenditure as defined in section 301(9)(A).
    ``(f) Definitions.--In this section:
            ``(1) Broadcasting station.--The term `broadcasting 
        station' has the meaning given that term by section 315(f)(1) 
        of the Communications Act of 1934.
            ``(2) Political party.--The term `political party' means a 
        major party or a minor party as defined in section 9002 (3) or 
        (4) of the Internal Revenue Code of 1986 (26 U.S.C. 9002 (3) or 
        (4)).

                ``Subtitle D--Administrative Provisions

``SEC. 531. DUTIES OF THE FEDERAL ELECTION COMMISSION.

    ``(a) Duties and Powers.--
            ``(1) Administration.--The Commission shall have the power 
        to administer the provisions of this title and shall prescribe 
        regulations to carry out the purposes of this title, including 
        regulations--
                    ``(A) to establish procedures for--
                            ``(i) verifying the amount of valid 
                        qualifying contributions with respect to a 
                        candidate;
                            ``(ii) effectively and efficiently 
                        monitoring and enforcing the limits on the 
                        raising of qualified small dollar 
                        contributions;
                            ``(iii) monitoring the raising of 
                        qualifying multicandidate political committee 
                        contributions through effectively and 
                        efficiently monitoring and enforcing the limits 
                        on individual contributions to qualified 
                        accounts of multicandidate political 
                        committees;
                            ``(iv) effectively and efficiently 
                        monitoring and enforcing the limits on the use 
                        of personal funds by participating candidates;
                            ``(v) monitoring the use of allocations 
                        from the Fund and matching contributions under 
                        this title through audits or other mechanisms; 
                        and
                            ``(vi) the administration of the voucher 
                        program under section 525; and
                    ``(B) regarding the conduct of debates in a manner 
                consistent with the best practices of States that 
                provide public financing for elections.
            ``(2) Review of fair elections financing.--
                    ``(A) In general.--After each general election for 
                Federal office, the Commission shall conduct a 
                comprehensive review of the Fair Elections financing 
                program under this title, including--
                            ``(i) the maximum dollar amount of 
                        qualified small dollar contributions under 
                        section 501(13);
                            ``(ii) the maximum and minimum dollar 
                        amounts for qualifying contributions under 
                        section 501(12);
                            ``(iii) the number and value of qualifying 
                        contributions a candidate is required to obtain 
                        under section 512 to qualify for allocations 
                        from the Fund;
                            ``(iv) the amount of allocations from the 
                        Fund that candidates may receive under section 
                        522;
                            ``(v) the maximum amount of matching 
                        contributions a candidate may receive under 
                        section 523;
                            ``(vi) the maximum amount of enhanced 
                        matching contributions a candidate may receive 
                        under section 524;
                            ``(vii) the amount and usage of vouchers 
                        under section 525;
                            ``(viii) the overall satisfaction of 
                        participating candidates and the American 
                        public with the program; and
                            ``(ix) such other matters relating to 
                        financing of Senate campaigns as the Commission 
                        determines are appropriate.
                    ``(B) Criteria for review.--In conducting the 
                review under subparagraph (A), the Commission shall 
                consider the following:
                            ``(i) Qualifying contributions and 
                        qualified small dollar contributions.--The 
                        Commission shall consider whether the number 
                        and dollar amount of qualifying contributions 
                        required and maximum dollar amount for such 
                        qualifying contributions and qualified small 
                        dollar contributions strikes a balance 
                        regarding the importance of voter involvement, 
                        the need to assure adequate incentives for 
                        participating, and fiscal responsibility, 
                        taking into consideration the number of primary 
                        and general election participating candidates, 
                        the electoral performance of those candidates, 
                        program cost, and any other information the 
                        Commission determines is appropriate.
                            ``(ii) Review of program benefits.--The 
                        Commission shall consider whether the totality 
                        of the amount of funds allowed to be raised by 
                        participating candidates (including through 
                        qualifying contributions and small dollar 
                        contributions), allocations from the Fund under 
                        section 522, matching contributions under 
                        section 523, enhanced matching contributions 
                        under section 524, and vouchers under section 
                        525 are sufficient for voters in each State to 
                        learn about the candidates to cast an informed 
                        vote, taking into account the historic amount 
                        of spending by winning candidates, media costs, 
                        primary election dates, and any other 
                        information the Commission determines is 
                        appropriate.
                    ``(C) Adjustment of amounts.--
                            ``(i) In general.--Based on the review 
                        conducted under subparagraph (A), the 
                        Commission shall provide for the adjustments of 
                        the following amounts:
                                    ``(I) The maximum dollar amount of 
                                qualified small dollar contributions 
                                under section 501(13)(C).
                                    ``(II) The maximum and minimum 
                                dollar amounts for qualifying 
                                contributions under section 501(12)(A).
                                    ``(III) The number and value of 
                                qualifying contributions a candidate is 
                                required to obtain under section 
                                512(a)(1).
                                    ``(IV) The base amount for 
                                candidates under section 522(d).
                                    ``(V) The maximum amount of 
                                matching contributions a candidate may 
                                receive under section 523(b).
                                    ``(VI) The maximum amount of 
                                enhanced matching contributions a 
                                candidate may receive under section 
                                524(c).
                                    ``(VII) The dollar amount for 
                                vouchers under section 525(c).
                            ``(ii) Regulations.--The Commission shall 
                        promulgate regulations providing for the 
                        adjustments made under clause (i).
                    ``(D) Report.--Not later than March 30 following 
                any general election for Federal office, the Commission 
                shall submit a report to Congress on the review 
                conducted under subparagraph (A). Such report shall 
                contain a detailed statement of the findings, 
                conclusions, and recommendations of the Commission 
                based on such review.
    ``(b) Reports.--Not later than March 30, 2024, and every 2 years 
thereafter, the Commission shall submit to the Senate Committee on 
Rules and Administration a report documenting, evaluating, and making 
recommendations relating to the administrative implementation and 
enforcement of the provisions of this title.
    ``(c) Authorization of Appropriations.--There are authorized to be 
appropriated such sums as are necessary to carry out the purposes of 
this subtitle.

``SEC. 532. VIOLATIONS AND PENALTIES.

    ``(a) Civil Penalty for Violation of Contribution and Expenditure 
Requirements.--If a candidate who has been certified as a participating 
candidate under section 514 accepts a contribution or makes an 
expenditure that is prohibited under section 513, the Commission shall 
assess a civil penalty against the candidate in an amount that is not 
more than 3 times the amount of the contribution or expenditure. Any 
amounts collected under this subsection shall be deposited into the 
Fund.
    ``(b) Repayment for Improper Use of Freedom From Influence Fund.--
            ``(1) In general.--If the Commission determines that any 
        benefit made available to a participating candidate under this 
        title was not used as provided for in this title or that a 
        participating candidate has violated any of the dates for 
        remission of funds contained in this title, the Commission 
        shall so notify the candidate and the candidate shall pay to 
        the Fund an amount equal to--
                    ``(A) the amount of benefits so used or not 
                remitted, as appropriate; and
                    ``(B) interest on any such amounts (at a rate 
                determined by the Commission).
            ``(2) Other action not precluded.--Any action by the 
        Commission in accordance with this subsection shall not 
        preclude enforcement proceedings by the Commission in 
        accordance with section 309(a), including a referral by the 
        Commission to the Attorney General in the case of an apparent 
        knowing and willful violation of this title.''.

SEC. 752. EXCEPTION TO LIMITATION ON COORDINATED EXPENDITURES BY 
              POLITICAL PARTY COMMITTEES WITH PARTICIPATING CANDIDATES.

    Section 315(d) of the Federal Election Campaign Act of 1971 (52 
U.S.C. 30116(d)) is amended--
            (1) in paragraph (3)(A), by striking ``in the case of'' and 
        inserting ``except as provided in paragraph (6), in the case 
        of''; and
            (2) by adding at the end the following new paragraph:
            ``(6)(A) The limitation under paragraph (3)(A) shall not 
        apply with respect to any expenditure from a qualified 
        political party-participating candidate coordinated expenditure 
        fund.
            ``(B) In this paragraph, the term `qualified political 
        party-participating candidate coordinated expenditure fund' 
        means a fund established by the national committee of a 
        political party, or a State committee of a political party, 
        including any subordinate committee of a State committee, for 
        purposes of making expenditures in connection with the general 
        election campaign of a candidate for election to the office of 
        Senator who is a participating candidate (as defined in section 
        501), that only accepts qualified coordinated expenditure 
        contributions.
            ``(C) In this paragraph, the term `qualified coordinated 
        expenditure contribution' means, with respect to the general 
        election campaign of a candidate for election to the office of 
        Senator who is a participating candidate (as defined in section 
        501), any contribution (or series of contributions)--
                    ``(i) which is made by an individual who is not 
                prohibited from making a contribution under this Act; 
                and
                    ``(ii) the aggregate amount of which does not 
                exceed $500 per election.''.

SEC. 753. ASSESSMENTS AGAINST FINES AND PENALTIES.

    (a) Assessments Relating to Criminal Offenses.--
            (1) In general.--Chapter 201 of title 18, United States 
        Code, is amended by adding at the end the following new 
        section:
``Sec. 3015. Special assessments for Freedom From Influence Fund
    ``(a) Assessments.--
            ``(1) Convictions of crimes.--In addition to any assessment 
        imposed under this chapter, the court shall assess on any 
        organizational defendant or any defendant who is a corporate 
        officer or person with equivalent authority in any other 
        organization who is convicted of a criminal offense under 
        Federal law an amount equal to 2.75 percent of any fine imposed 
        on that defendant in the sentence imposed for that conviction.
            ``(2) Settlements.--The court shall assess on any 
        organizational defendant or defendant who is a corporate 
        officer or person with equivalent authority in any other 
        organization who has entered into a settlement agreement or 
        consent decree with the United States in satisfaction of any 
        allegation that the defendant committed a criminal offense 
        under Federal law an amount equal to 2.75 percent of the amount 
        of the settlement.
    ``(b) Manner of Collection.--An amount assessed under subsection 
(a) shall be collected in the manner in which fines are collected in 
criminal cases.
    ``(c) Transfers.--In a manner consistent with section 3302(b) of 
title 31, there shall be transferred from the General Fund of the 
Treasury to the Freedom From Influence Fund under section 502 of the 
Federal Election Campaign Act of 1971 an amount equal to the amount of 
the assessments collected under this section.''.
            (2) Clerical amendment.--The table of sections of chapter 
        201 of title 18, United States Code, is amended by adding at 
        the end the following:

``3015. Special assessments for Freedom From Influence Fund.''.
    (b) Assessments Relating to Civil Penalties.--
            (1) In general.--Chapter 97 of title 31, United States 
        Code, is amended by adding at the end the following new 
        section:
``Sec. 9707. Special assessments for Freedom From Influence Fund
    ``(a) Assessments.--
            ``(1) Civil penalties.--Any entity of the Federal 
        Government which is authorized under any law, rule, or 
        regulation to impose a civil penalty shall assess on each 
        person, other than a natural person who is not a corporate 
        officer or person with equivalent authority in any other 
        organization, on whom such a penalty is imposed an amount equal 
        to 2.75 percent of the amount of the penalty.
            ``(2) Administrative penalties.--Any entity of the Federal 
        Government which is authorized under any law, rule, or 
        regulation to impose an administrative penalty shall assess on 
        each person, other than a natural person who is not a corporate 
        officer or person with equivalent authority in any other 
        organization, on whom such a penalty is imposed an amount equal 
        to 2.75 percent of the amount of the penalty.
            ``(3) Settlements.--Any entity of the Federal Government 
        which is authorized under any law, rule, or regulation to enter 
        into a settlement agreement or consent decree with any person, 
        other than a natural person who is not a corporate officer or 
        person with equivalent authority in any other organization, in 
        satisfaction of any allegation of an action or omission by the 
        person which would be subject to a civil penalty or 
        administrative penalty shall assess on such person an amount 
        equal to 2.75 percent of the amount of the settlement.
    ``(b) Manner of Collection.--An amount assessed under subsection 
(a) shall be collected--
            ``(1) in the case of an amount assessed under paragraph (1) 
        of such subsection, in the manner in which civil penalties are 
        collected by the entity of the Federal Government involved;
            ``(2) in the case of an amount assessed under paragraph (2) 
        of such subsection, in the manner in which administrative 
        penalties are collected by the entity of the Federal Government 
        involved; and
            ``(3) in the case of an amount assessed under paragraph (3) 
        of such subsection, in the manner in which amounts are 
        collected pursuant to settlement agreements or consent decrees 
        entered into by the entity of the Federal Government involved.
    ``(c) Transfers.--In a manner consistent with section 3302(b) of 
this title, there shall be transferred from the General Fund of the 
Treasury to the Freedom From Influence Fund under section 502 of the 
Federal Election Campaign Act of 1971 an amount equal to the amount of 
the assessments collected under this section.
    ``(d) Exception for Penalties and Settlements Under Authority of 
the Internal Revenue Code of 1986.--
            ``(1) In general.--No assessment shall be made under 
        subsection (a) with respect to any civil or administrative 
        penalty imposed, or any settlement agreement or consent decree 
        entered into, under the authority of the Internal Revenue Code 
        of 1986.
            ``(2) Cross reference.--For application of special 
        assessments for the Freedom From Influence Fund with respect to 
        certain penalties under the Internal Revenue Code of 1986, see 
        section 6761 of the Internal Revenue Code of 1986.''.
            (2) Clerical amendment.--The table of sections of chapter 
        97 of title 31, United States Code, is amended by adding at the 
        end the following:

``9707. Special assessments for Freedom From Influence Fund.''.
    (c) Assessments Relating to Certain Penalties Under the Internal 
Revenue Code of 1986.--
            (1) In general.--Chapter 68 of the Internal Revenue Code of 
        1986 is amended by adding at the end the following new 
        subchapter:

  ``Subchapter D--Special Assessments for Freedom From Influence Fund

``SEC. 6761. SPECIAL ASSESSMENTS FOR FREEDOM FROM INFLUENCE FUND.

    ``(a) In General.--Each person required to pay a covered penalty 
shall pay an additional amount equal to 2.75 percent of the amount of 
such penalty.
    ``(b) Covered Penalty.--For purposes of this section, the term 
`covered penalty' means any addition to tax, additional amount, 
penalty, or other liability provided under subchapter A or B.
    ``(c) Exception for Certain Individuals.--
            ``(1) In general.--In the case of a taxpayer who is an 
        individual, subsection (a) shall not apply to any covered 
        penalty if such taxpayer is an exempt taxpayer for the taxable 
        year for which such covered penalty is assessed.
            ``(2) Exempt taxpayer.--For purposes of this subsection, a 
        taxpayer is an exempt taxpayer for any taxable year if the 
        taxable income of such taxpayer for such taxable year does not 
        exceed the dollar amount at which begins the highest rate 
        bracket in effect under section 1 with respect to such taxpayer 
        for such taxable year.
    ``(d) Application of Certain Rules.--Except as provided in 
subsection (e), the additional amount determined under subsection (a) 
shall be treated for purposes of this title in the same manner as the 
covered penalty to which such additional amount relates.
    ``(e) Transfer to Freedom From Influence Fund.--The Secretary shall 
deposit any additional amount under subsection (a) in the General Fund 
of the Treasury and shall transfer from such General Fund to the 
Freedom From Influence Fund established under section 502 of the 
Federal Election Campaign Act of 1971 an amount equal to the amounts so 
deposited (and, notwithstanding subsection (d), such additional amount 
shall not be the basis for any deposit, transfer, credit, 
appropriation, or any other payment, to any other trust fund or 
account). Rules similar to the rules of section 9601 shall apply for 
purposes of this subsection.''.
            (2) Clerical amendment.--The table of subchapters for 
        chapter 68 of such Code is amended by adding at the end the 
        following new item:

 ``subchapter d--special assessments for freedom from influence fund''.

    (d) Effective Dates.--
            (1) In general.--Except as provided in paragraph (2), the 
        amendments made by this section shall apply with respect to 
        convictions, agreements, and penalties which occur on or after 
        the date of the enactment of this Act.
            (2) Assessments relating to certain penalties under the 
        internal revenue code of 1986.--The amendments made by 
        subsection (c) shall apply to covered penalties assessed after 
        the date of the enactment of this Act.

                    PART II--PRESIDENTIAL ELECTIONS

                      Subpart A--Primary Elections

SEC. 761. INCREASE IN AND MODIFICATIONS TO MATCHING PAYMENTS.

    (a) Increase and Modification.--
            (1) In general.--The first sentence of section 9034(a) of 
        the Internal Revenue Code of 1986 is amended--
                    (A) by striking ``an amount equal to the amount of 
                each contribution'' and inserting ``an amount equal to 
                600 percent of the amount of each matchable 
                contribution (disregarding any amount of contributions 
                from any person to the extent that the total of the 
                amounts contributed by such person for the election 
                exceeds $200)''; and
                    (B) by striking ``authorized committees'' and all 
                that follows through ``$250'' and inserting 
                ``authorized committees''.
            (2) Matchable contributions.--Section 9034 of such Code is 
        amended--
                    (A) by striking the last sentence of subsection 
                (a); and
                    (B) by adding at the end the following new 
                subsection:
    ``(c) Matchable Contribution Defined.--For purposes of this section 
and section 9033(b)--
            ``(1) Matchable contribution.--The term `matchable 
        contribution' means, with respect to the nomination for 
        election to the office of President of the United States, a 
        contribution by an individual to a candidate or an authorized 
        committee of a candidate with respect to which the candidate 
        has certified in writing that--
                    ``(A) the individual making such contribution has 
                not made aggregate contributions (including such 
                matchable contribution) to such candidate and the 
                authorized committees of such candidate in excess of 
                $1,000 for the election;
                    ``(B) such candidate and the authorized committees 
                of such candidate will not accept contributions from 
                such individual (including such matchable contribution) 
                aggregating more than the amount described in 
                subparagraph (A); and
                    ``(C) such contribution was a direct contribution.
            ``(2) Contribution.--For purposes of this subsection, the 
        term `contribution' means a gift of money made by a written 
        instrument which identifies the individual making the 
        contribution by full name and mailing address, but does not 
        include a subscription, loan, advance, or deposit of money, or 
        anything of value or anything described in subparagraph (B), 
        (C), or (D) of section 9032(4).
            ``(3) Direct contribution.--
                    ``(A) In general.--For purposes of this subsection, 
                the term `direct contribution' means, with respect to a 
                candidate, a contribution which is made directly by an 
                individual to the candidate or an authorized committee 
                of the candidate and is not--
                            ``(i) forwarded from the individual making 
                        the contribution to the candidate or committee 
                        by another person; or
                            ``(ii) received by the candidate or 
                        committee with the knowledge that the 
                        contribution was made at the request, 
                        suggestion, or recommendation of another 
                        person.
                    ``(B) Other definitions.--In subparagraph (A)--
                            ``(i) the term `person' does not include an 
                        individual (other than an individual described 
                        in section 304(i)(7) of the Federal Election 
                        Campaign Act of 1971), a political committee of 
                        a political party, or any political committee 
                        which is not a separate segregated fund 
                        described in section 316(b) of the Federal 
                        Election Campaign Act of 1971 and which does 
                        not make contributions or independent 
                        expenditures, does not engage in lobbying 
                        activity under the Lobbying Disclosure Act of 
                        1995 (2 U.S.C. 1601 et seq.), and is not 
                        established by, controlled by, or affiliated 
                        with a registered lobbyist under such Act, an 
                        agent of a registered lobbyist under such Act, 
                        or an organization which retains or employs a 
                        registered lobbyist under such Act; and
                            ``(ii) a contribution is not `made at the 
                        request, suggestion, or recommendation of 
                        another person' solely on the grounds that the 
                        contribution is made in response to information 
                        provided to the individual making the 
                        contribution by any person, so long as the 
                        candidate or authorized committee does not know 
                        the identity of the person who provided the 
                        information to such individual.''.
            (3) Conforming amendments.--
                    (A) Section 9032(4) of such Code is amended by 
                striking ``section 9034(a)'' and inserting ``section 
                9034''.
                    (B) Section 9033(b)(3) of such Code is amended by 
                striking ``matching contributions'' and inserting 
                ``matchable contributions''.
    (b) Modification of Payment Limitation.--Section 9034(b) of such 
Code is amended--
            (1) by striking ``The total'' and inserting the following:
            ``(1) In general.--The total'';
            (2) by striking ``shall not exceed'' and all that follows 
        and inserting ``shall not exceed $250,000,000.''; and
            (3) by adding at the end the following new paragraph:
            ``(2) Inflation adjustment.--
                    ``(A) In general.--In the case of any applicable 
                period beginning after 2029, the dollar amount in 
                paragraph (1) shall be increased by an amount equal 
                to--
                            ``(i) such dollar amount, multiplied by
                            ``(ii) the cost-of-living adjustment 
                        determined under section 1(f)(3) for the 
                        calendar year following the year which such 
                        applicable period begins, determined by 
                        substituting `calendar year 2028' for `calendar 
                        year 1992' in subparagraph (B) thereof.
                    ``(B) Applicable period.--For purposes of this 
                paragraph, the term `applicable period' means the 4-
                year period beginning with the first day following the 
                date of the general election for the office of 
                President and ending on the date of the next such 
                general election.
                    ``(C) Rounding.--If any amount as adjusted under 
                subparagraph (A) is not a multiple of $10,000, such 
                amount shall be rounded to the nearest multiple of 
                $10,000.''.

SEC. 762. ELIGIBILITY REQUIREMENTS FOR MATCHING PAYMENTS.

    (a) Amount of Aggregate Contributions Per State; Disregarding of 
Amounts Contributed in Excess of $200.--Section 9033(b)(3) of the 
Internal Revenue Code of 1986 is amended--
            (1) by striking ``$5,000'' and inserting ``$25,000''; and
            (2) by striking ``20 States'' and inserting the following: 
        ``20 States (disregarding any amount of contributions from any 
        such resident to the extent that the total of the amounts 
        contributed by such resident for the election exceeds $200)''.
    (b) Contribution Limit.--
            (1) In general.--Paragraph (4) of section 9033(b) of such 
        Code is amended to read as follows:
            ``(4) the candidate and the authorized committees of the 
        candidate will not accept aggregate contributions from any 
        person with respect to the nomination for election to the 
        office of President of the United States in excess of $1,000 
        for the election.''.
            (2) Conforming amendments.--
                    (A) Section 9033(b) of such Code is amended by 
                adding at the end the following new flush sentence:
``For purposes of paragraph (4), the term `contribution' has the 
meaning given such term in section 301(8) of the Federal Election 
Campaign Act of 1971.''.
                    (B) Section 9032(4) of such Code, as amended by 
                section 761(a)(3)(A), is amended by inserting ``or 
                9033(b)'' after ``9034''.
    (c) Participation in System for Payments for General Election.--
Section 9033(b) of such Code is amended--
            (1) by striking ``and'' at the end of paragraph (3);
            (2) by striking the period at the end of paragraph (4) and 
        inserting ``, and''; and
            (3) by inserting after paragraph (4) the following new 
        paragraph:
            ``(5) if the candidate is nominated by a political party 
        for election to the office of President, the candidate will 
        apply for and accept payments with respect to the general 
        election for such office in accordance with chapter 95.''.
    (d) Prohibition on Joint Fundraising Committees.--Section 9033(b) 
of such Code, as amended by subsection (c), is amended--
            (1) by striking ``and'' at the end of paragraph (4);
            (2) by striking the period at the end of paragraph (5) and 
        inserting ``; and''; and
            (3) by inserting after paragraph (5) adding at the end the 
        following new paragraph:
            ``(6) the candidate will not establish a joint fundraising 
        committee with a political committee other than another 
        authorized committee of the candidate, except that candidate 
        established a joint fundraising committee with respect to a 
        prior election for which the candidate was not eligible to 
        receive payments under section 9037 and the candidate does not 
        terminate the committee, the candidate shall not be considered 
        to be in violation of this paragraph so long as that joint 
        fundraising committee does not receive any contributions or 
        make any disbursements during the election cycle for which the 
        candidate is eligible to receive payments under such 
        section.''.

SEC. 763. REPEAL OF EXPENDITURE LIMITATIONS.

    (a) In General.--Subsection (a) of section 9035 of the Internal 
Revenue Code of 1986 is amended to read as follows:
    ``(a) Personal Expenditure Limitation.--No candidate shall 
knowingly make expenditures from his personal funds, or the personal 
funds of his immediate family, in connection with his campaign for 
nomination for election to the office of President in excess of, in the 
aggregate, $50,000.''.
    (b) Conforming Amendment.--Paragraph (1) of section 9033(b) of the 
Internal Revenue Code of 1986 is amended to read as follows:
            ``(1) the candidate will comply with the personal 
        expenditure limitation under section 9035,''.

SEC. 764. PERIOD OF AVAILABILITY OF MATCHING PAYMENTS.

    Section 9032(6) of the Internal Revenue Code of 1986 is amended by 
striking ``the beginning of the calendar year in which a general 
election for the office of President of the United States will be 
held'' and inserting ``the date that is 6 months prior to the date of 
the earliest State primary election''.

SEC. 765. EXAMINATION AND AUDITS OF MATCHABLE CONTRIBUTIONS.

    Section 9038(a) of the Internal Revenue Code of 1986 is amended by 
inserting ``and matchable contributions accepted by'' after ``qualified 
campaign expenses of''.

SEC. 766. MODIFICATION TO LIMITATION ON CONTRIBUTIONS FOR PRESIDENTIAL 
              PRIMARY CANDIDATES.

    Section 315(a)(6) of the Federal Election Campaign Act of 1971 (52 
U.S.C. 30116(a)(6)) is amended by striking ``calendar year'' and 
inserting ``four-year election cycle''.

SEC. 767. USE OF FREEDOM FROM INFLUENCE FUND AS SOURCE OF PAYMENTS.

    (a) In General.--Chapter 96 of subtitle H of the Internal Revenue 
Code of 1986 is amended by adding at the end the following new section:

``SEC. 9043. USE OF FREEDOM FROM INFLUENCE FUND AS SOURCE OF PAYMENTS.

    ``(a) In General.--Effective with respect to the Presidential 
election held in 2028 and each succeeding Presidential election, all 
payments made to candidates under this chapter shall be made from the 
Freedom From Influence Fund established under section 502 of the 
Federal Election Campaign Act of 1971 (hereafter in this section 
referred to as the `Fund') and any reference in this chapter to the 
matching payment account shall be considered to be a reference to the 
Fund.
    ``(b) Mandatory Reduction of Payments in Case of Insufficient 
Amounts in Fund.--
            ``(1) Advance audits by commission.--Not later than 90 days 
        before the first day of each Presidential election cycle 
        (beginning with the cycle for the election held in 2028), the 
        Commission shall--
                    ``(A) audit the Fund to determine whether, after 
                first making payments to participating candidates under 
                title V of the Federal Election Campaign Act of 1971, 
                the amounts remaining in the Fund will be sufficient to 
                make payments to candidates under this chapter in the 
                amounts provided under this chapter during such 
                election cycle; and
                    ``(B) submit a report to Congress describing the 
                results of the audit.
            ``(2) Reductions in amount of payments.--
                    ``(A) Automatic reduction on pro rata basis.--If, 
                on the basis of the audit described in paragraph (1), 
                the Commission determines that the amount anticipated 
                to be available in the Fund with respect to the 
                Presidential election cycle involved is not, or may not 
                be, sufficient to satisfy the full entitlements of 
                candidates to payments under this chapter for such 
                cycle, the Commission shall reduce each amount which 
                would otherwise be paid to a candidate under this 
                chapter by such pro rata amount as may be necessary to 
                ensure that the aggregate amount of payments 
                anticipated to be made with respect to the cycle will 
                not exceed the amount anticipated to be available for 
                such payments in the Fund with respect to such cycle.
                    ``(B) Restoration of reductions in case of 
                availability of sufficient funds during election 
                cycle.--If, after reducing the amounts paid to 
                candidates with respect to an election cycle under 
                subparagraph (A), the Commission determines that there 
                are sufficient amounts in the Fund to restore the 
                amount by which such payments were reduced (or any 
                portion thereof), to the extent that such amounts are 
                available, the Commission may make a payment on a pro 
                rata basis to each such candidate with respect to the 
                election cycle in the amount by which such candidate's 
                payments were reduced under subparagraph (A) (or any 
                portion thereof, as the case may be).
                    ``(C) No use of amounts from other sources.--In any 
                case in which the Commission determines that there are 
                insufficient moneys in the Fund to make payments to 
                candidates under this chapter, moneys shall not be made 
                available from any other source for the purpose of 
                making such payments.
            ``(3) No effect on amounts transferred for pediatric 
        research initiative.--This section does not apply to the 
        transfer of funds under section 9008(i).
            ``(4) Presidential election cycle defined.--In this 
        section, the term `Presidential election cycle' means, with 
        respect to a Presidential election, the period beginning on the 
        day after the date of the previous Presidential general 
        election and ending on the date of the Presidential 
        election.''.
    (b) Conforming Amendments.--Section 9037(a) of the Internal Revenue 
Code of 1986 is amended by adding at the end the following: ``No amount 
shall be transferred under this subsection with respect to any 
Presidential election held after 2024, and any amounts remaining in 
such account after payments for such election are made shall be 
transferred to the Freedom from Influence Fund under section 502 of the 
Federal Election Campaign Act of 1971.''
    (c) Clerical Amendment.--The table of sections for chapter 96 of 
subtitle H of such Code is amended by adding at the end the following 
new item:

``Sec. 9043. Use of Freedom From Influence Fund as source of 
                            payments.''.

                      Subpart B--General Elections

SEC. 771. MODIFICATION OF ELIGIBILITY REQUIREMENTS FOR PUBLIC 
              FINANCING.

    Subsection (a) of section 9003 of the Internal Revenue Code of 1986 
is amended to read as follows:
    ``(a) In General.--In order to be eligible to receive any payments 
under section 9006, the candidates of a political party in a 
Presidential election shall meet the following requirements:
            ``(1) Participation in primary payment system.--The 
        candidate for President received payments under chapter 96 for 
        the campaign for nomination for election to be President.
            ``(2) Agreements with commission.--The candidates, in 
        writing--
                    ``(A) agree to obtain and furnish to the Commission 
                such evidence as it may request of the qualified 
                campaign expenses of such candidates,
                    ``(B) agree to keep and furnish to the Commission 
                such records, books, and other information as it may 
                request, and
                    ``(C) agree to an audit and examination by the 
                Commission under section 9007 and to pay any amounts 
                required to be paid under such section.
            ``(3) Prohibition on joint fundraising committees.--
                    ``(A) Prohibition.--The candidates certifies in 
                writing that the candidates will not establish a joint 
                fundraising committee with a political committee other 
                than another authorized committee of the candidate.
                    ``(B) Status of existing committees for prior 
                elections.--If a candidate established a joint 
                fundraising committee described in subparagraph (A) 
                with respect to a prior election for which the 
                candidate was not eligible to receive payments under 
                section 9006 and the candidate does not terminate the 
                committee, the candidate shall not be considered to be 
                in violation of subparagraph (A) so long as that joint 
                fundraising committee does not receive any 
                contributions or make any disbursements with respect to 
                the election for which the candidate is eligible to 
                receive payments under section 9006.''.

SEC. 772. REPEAL OF EXPENDITURE LIMITATIONS AND USE OF QUALIFIED 
              CAMPAIGN CONTRIBUTIONS.

    (a) Use of Qualified Campaign Contributions Without Expenditure 
Limits; Application of Same Requirements for Major, Minor, and New 
Parties.--Section 9003 of the Internal Revenue Code of 1986 is amended 
by striking subsections (b) and (c) and inserting the following:
    ``(b) Use of Qualified Campaign Contributions To Defray Expenses.--
            ``(1) In general.--In order to be eligible to receive any 
        payments under section 9006, the candidates of a party in a 
        Presidential election shall certify to the Commission, under 
        penalty of perjury, that--
                    ``(A) such candidates and their authorized 
                committees have not and will not accept any 
                contributions to defray qualified campaign expenses 
                other than--
                            ``(i) qualified campaign contributions, and
                            ``(ii) contributions to the extent 
                        necessary to make up any deficiency payments 
                        received out of the fund on account of the 
                        application of section 9006(c), and
                    ``(B) such candidates and their authorized 
                committees have not and will not accept any 
                contribution to defray expenses which would be 
                qualified campaign expenses but for subparagraph (C) of 
                section 9002(11).
            ``(2) Timing of certification.--The candidate shall make 
        the certification required under this subsection at the same 
        time the candidate makes the certification required under 
        subsection (a)(3).''.
    (b) Definition of Qualified Campaign Contribution.--Section 9002 of 
such Code is amended by adding at the end the following new paragraph:
            ``(13) Qualified campaign contribution.--The term 
        `qualified campaign contribution' means, with respect to any 
        election for the office of President of the United States, a 
        contribution from an individual to a candidate or an authorized 
        committee of a candidate which--
                    ``(A) does not exceed $1,000 for the election; and
                    ``(B) with respect to which the candidate has 
                certified in writing that--
                            ``(i) the individual making such 
                        contribution has not made aggregate 
                        contributions (including such qualified 
                        contribution) to such candidate and the 
                        authorized committees of such candidate in 
                        excess of the amount described in subparagraph 
                        (A), and
                            ``(ii) such candidate and the authorized 
                        committees of such candidate will not accept 
                        contributions from such individual (including 
                        such qualified contribution) aggregating more 
                        than the amount described in subparagraph (A) 
                        with respect to such election.''.
    (c) Conforming Amendments.--
            (1) Repeal of expenditure limits.--
                    (A) In general.--Section 315 of the Federal 
                Election Campaign Act of 1971 (52 U.S.C. 30116) is 
                amended by striking subsection (b).
                    (B) Conforming amendments.--Section 315(c) of such 
                Act (52 U.S.C. 30116(c)) is amended--
                            (i) in paragraph (1)(B)(i), by striking ``, 
                        (b)''; and
                            (ii) in paragraph (2)(B)(i), by striking 
                        ``subsections (b) and (d)'' and inserting 
                        ``subsection (d)''.
            (2) Repeal of repayment requirement.--
                    (A) In general.--Section 9007(b) of the Internal 
                Revenue Code of 1986 is amended by striking paragraph 
                (2) and redesignating paragraphs (3), (4), and (5) as 
                paragraphs (2), (3), and (4), respectively.
                    (B) Conforming amendment.--Paragraph (2) of section 
                9007(b) of such Code, as redesignated by subparagraph 
                (A), is amended--
                            (i) by striking ``a major party'' and 
                        inserting ``a party'';
                            (ii) by inserting ``qualified contributions 
                        and'' after ``contributions (other than''; and
                            (iii) by striking ``(other than qualified 
                        campaign expenses with respect to which payment 
                        is required under paragraph (2))''.
            (3) Criminal penalties.--
                    (A) Repeal of penalty for excess expenses.--Section 
                9012 of the Internal Revenue Code of 1986 is amended by 
                striking subsection (a).
                    (B) Penalty for acceptance of disallowed 
                contributions; application of same penalty for 
                candidates of major, minor, and new parties.--
                Subsection (b) of section 9012 of such Code is amended 
                to read as follows:
    ``(b) Contributions.--
            ``(1) Acceptance of disallowed contributions.--It shall be 
        unlawful for an eligible candidate of a party in a Presidential 
        election or any of his authorized committees knowingly and 
        willfully to accept--
                    ``(A) any contribution other than a qualified 
                campaign contribution to defray qualified campaign 
                expenses, except to the extent necessary to make up any 
                deficiency in payments received out of the fund on 
                account of the application of section 9006(c); or
                    ``(B) any contribution to defray expenses which 
                would be qualified campaign expenses but for 
                subparagraph (C) of section 9002(11).
            ``(2) Penalty.--Any person who violates paragraph (1) shall 
        be fined not more than $5,000, or imprisoned not more than one 
        year, or both. In the case of a violation by an authorized 
        committee, any officer or member of such committee who 
        knowingly and willfully consents to such violation shall be 
        fined not more than $5,000, or imprisoned not more than one 
        year, or both.''.

SEC. 773. MATCHING PAYMENTS AND OTHER MODIFICATIONS TO PAYMENT AMOUNTS.

    (a) In General.--
            (1) Amount of payments; application of same amount for 
        candidates of major, minor, and new parties.--Subsection (a) of 
        section 9004 of the Internal Revenue Code of 1986 is amended to 
        read as follows:
    ``(a) In General.--Subject to the provisions of this chapter, the 
eligible candidates of a party in a Presidential election shall be 
entitled to equal payment under section 9006 in an amount equal to 600 
percent of the amount of each matchable contribution received by such 
candidate or by the candidate's authorized committees (disregarding any 
amount of contributions from any person to the extent that the total of 
the amounts contributed by such person for the election exceeds $200), 
except that total amount to which a candidate is entitled under this 
paragraph shall not exceed $250,000,000.''.
            (2) Repeal of separate limitations for candidates of minor 
        and new parties; inflation adjustment.--Subsection (b) of 
        section 9004 of such Code is amended to read as follows:
    ``(b) Inflation Adjustment.--
            ``(1) In general.--In the case of any applicable period 
        beginning after 2029, the $250,000,000 dollar amount in 
        subsection (a) shall be increased by an amount equal to--
                    ``(A) such dollar amount; multiplied by
                    ``(B) the cost-of-living adjustment determined 
                under section 1(f)(3) for the calendar year following 
                the year which such applicable period begins, 
                determined by substituting `calendar year 2028' for 
                `calendar year 1992' in subparagraph (B) thereof.
            ``(2) Applicable period.--For purposes of this subsection, 
        the term `applicable period' means the 4-year period beginning 
        with the first day following the date of the general election 
        for the office of President and ending on the date of the next 
        such general election.
            ``(3) Rounding.--If any amount as adjusted under paragraph 
        (1) is not a multiple of $10,000, such amount shall be rounded 
        to the nearest multiple of $10,000.''.
            (3) Conforming amendment.--Section 9005(a) of such Code is 
        amended by adding at the end the following new sentence: ``The 
        Commission shall make such additional certifications as may be 
        necessary to receive payments under section 9004.''.
    (b) Matchable Contribution.--Section 9002 of such Code, as amended 
by section 772(b), is amended by adding at the end the following new 
paragraph:
            ``(14) Matchable contribution.--The term `matchable 
        contribution' means, with respect to the election to the office 
        of President of the United States, a contribution by an 
        individual to a candidate or an authorized committee of a 
        candidate with respect to which the candidate has certified in 
        writing that--
                    ``(A) the individual making such contribution has 
                not made aggregate contributions (including such 
                matchable contribution) to such candidate and the 
                authorized committees of such candidate in excess of 
                $1,000 for the election;
                    ``(B) such candidate and the authorized committees 
                of such candidate will not accept contributions from 
                such individual (including such matchable contribution) 
                aggregating more than the amount described in 
                subparagraph (A) with respect to such election; and
                    ``(C) such contribution was a direct contribution 
                (as defined in section 9034(c)(3)).''.

SEC. 774. INCREASE IN LIMIT ON COORDINATED PARTY EXPENDITURES.

    (a) In General.--Section 315(d)(2) of the Federal Election Campaign 
Act of 1971 (52 U.S.C. 30116(d)(2)) is amended to read as follows:
    ``(2)(A) The national committee of a political party may not make 
any expenditure in connection with the general election campaign of any 
candidate for President of the United States who is affiliated with 
such party which exceeds $100,000,000.
    ``(B) For purposes of this paragraph--
            ``(i) any expenditure made by or on behalf of a national 
        committee of a political party and in connection with a 
        Presidential election shall be considered to be made in 
        connection with the general election campaign of a candidate 
        for President of the United States who is affiliated with such 
        party; and
            ``(ii) any communication made by or on behalf of such party 
        shall be considered to be made in connection with the general 
        election campaign of a candidate for President of the United 
        States who is affiliated with such party if any portion of the 
        communication is in connection with such election.
    ``(C) Any expenditure under this paragraph shall be in addition to 
any expenditure by a national committee of a political party serving as 
the principal campaign committee of a candidate for the office of 
President of the United States.''.
    (b) Conforming Amendments Relating to Timing of Cost-of-Living 
Adjustment.--
            (1) In general.--Section 315(c)(1) of such Act (52 U.S.C. 
        30116(c)(1)) is amended--
                    (A) in subparagraph (B), by striking ``(d)'' and 
                inserting ``(d)(2)''; and
                    (B) by adding at the end the following new 
                subparagraph:
    ``(D) In any calendar year after 2028--
            ``(i) the dollar amount in subsection (d)(2) shall be 
        increased by the percent difference determined under 
        subparagraph (A);
            ``(ii) the amount so increased shall remain in effect for 
        the calendar year; and
            ``(iii) if the amount after adjustment under clause (i) is 
        not a multiple of $100, such amount shall be rounded to the 
        nearest multiple of $100.''.
            (2) Base year.--Section 315(c)(2)(B) of such Act (52 U.S.C. 
        30116(c)(2)(B)) is amended--
                    (A) in clause (i)--
                            (i) by striking ``(d)'' and inserting 
                        ``(d)(3)''; and
                            (ii) by striking ``and'' at the end;
                    (B) in clause (ii), by striking the period at the 
                end and inserting ``; and''; and
                    (C) by adding at the end the following new clause:
                    ``(iii) for purposes of subsection (d)(2), calendar 
                year 2027.''.

SEC. 775. ESTABLISHMENT OF UNIFORM DATE FOR RELEASE OF PAYMENTS.

    (a) Date for Payments.--
            (1) In general.--Section 9006(b) of the Internal Revenue 
        Code of 1986 is amended to read as follows:
    ``(b) Payments From the Fund.--If the Secretary of the Treasury 
receives a certification from the Commission under section 9005 for 
payment to the eligible candidates of a political party, the Secretary 
shall pay to such candidates out of the fund the amount certified by 
the Commission on the later of--
            ``(1) the last Friday occurring before the first Monday in 
        September; or
            ``(2) 24 hours after receiving the certifications for the 
        eligible candidates of all major political parties.
Amounts paid to any such candidates shall be under the control of such 
candidates.''.
            (2) Conforming amendment.--The first sentence of section 
        9006(c) of such Code is amended by striking ``the time of a 
        certification by the Commission under section 9005 for 
        payment'' and inserting ``the time of making a payment under 
        subsection (b)''.
    (b) Time for Certification.--Section 9005(a) of the Internal 
Revenue Code of 1986 is amended by striking ``10 days'' and inserting 
``24 hours''.

SEC. 776. AMOUNTS IN PRESIDENTIAL ELECTION CAMPAIGN FUND.

    Section 9006(c) of the Internal Revenue Code of 1986 is amended by 
adding at the end the following new sentence: ``In making a 
determination of whether there are insufficient moneys in the fund for 
purposes of the previous sentence, the Secretary shall take into 
account in determining the balance of the fund for a Presidential 
election year the Secretary's best estimate of the amount of moneys 
which will be deposited into the fund during the year, except that the 
amount of the estimate may not exceed the average of the annual amounts 
deposited in the fund during the previous 3 years.''.

SEC. 777. USE OF GENERAL ELECTION PAYMENTS FOR GENERAL ELECTION LEGAL 
              AND ACCOUNTING COMPLIANCE.

    Section 9002(11) of the Internal Revenue Code of 1986 is amended by 
adding at the end the following new sentence: ``For purposes of 
subparagraph (A), an expense incurred by a candidate or authorized 
committee for general election legal and accounting compliance purposes 
shall be considered to be an expense to further the election of such 
candidate.''.

SEC. 778. USE OF FREEDOM FROM INFLUENCE FUND AS SOURCE OF PAYMENTS.

    (a) In General.--Chapter 95 of subtitle H of the Internal Revenue 
Code of 1986 is amended by adding at the end the following new section:

``SEC. 9013. USE OF FREEDOM FROM INFLUENCE FUND AS SOURCE OF PAYMENTS.

    ``(a) In General.--Effective with respect to the Presidential 
election held in 2028 and each succeeding Presidential election, the 
Secretary of the Treasury shall transfer from the Freedom From 
Influence Fund established under section 502 of the Federal Election 
Campaign Act of 1971 to the Presidential Election Campaign Fund such 
additional amounts as are necessary to make payments pursuant to 
sections 9006(b) and 9008(j).
    ``(b) Mandatory Reduction of Amount Transferred in Case of 
Insufficient Amounts in Fund.--
            ``(1) Advance audits by commission.--Not later than 90 days 
        before the first day of each Presidential election cycle 
        (beginning with the cycle for the election held in 2028), the 
        Commission shall--
                    ``(A) audit the Freedom From Influence Fund to 
                determine whether, after first making payments to 
                participating candidates under title V of the Federal 
                Election Campaign Act of 1971 and then making payments 
                to candidates under chapter 96, the amounts remaining 
                in the Freedom From Influence Fund (in addition to 
                amounts otherwise available in the Presidential 
                Election Campaign Fund under section 9006(a)) will be 
                sufficient to make payments under this chapter in the 
                amounts provided under this chapter during such 
                election cycle; and
                    ``(B) submit a report to Congress describing the 
                results of the audit.
            ``(2) Reductions in amount transferred.--
                    ``(A) Automatic reduction.--If, on the basis of the 
                audit described in paragraph (1), the Commission 
                determines that the amount anticipated to be available 
                in the Freedom From Influence Fund with respect to the 
                Presidential election cycle involved is not, or may not 
                be, sufficient to satisfy the full entitlements to 
                payments under this chapter for such cycle, the 
                Commission shall reduce the amount transferred under 
                subsection (a) to ensure that the aggregate amount 
                transferred with respect to the cycle will not exceed 
                the amount anticipated to be available for making such 
                payments with respect to such cycle.
                    ``(B) Restoration of reductions in case of 
                availability of sufficient funds during election 
                cycle.--If, after reducing the amount transferred with 
                respect to an election cycle under subparagraph (A), 
                the Commission determines that there are sufficient 
                amounts in the Fund to restore the amount by which such 
                amounts were reduced (or any portion thereof), to the 
                extent that such amounts are available, the Commission 
                may provide for the transfer with respect to the 
                election cycle of the amount by which such transfer was 
                reduced under subparagraph (A) (or any portion thereof, 
                as the case may be).
                    ``(C) No use of amounts from other sources.--In any 
                case in which the Commission determines that there are 
                insufficient moneys in the Freedom From Influence Fund 
                under this paragraph, moneys shall not be made 
                available from any other source for the purpose of 
                transferring funds pursuant to this section.
            ``(3) No effect on amounts transferred for pediatric 
        research initiative.--This section does not apply to the 
        transfer of funds under section 9008(i).
            ``(4) Presidential election cycle defined.--In this 
        section, the term `Presidential election cycle' means, with 
        respect to a Presidential election, the period beginning on the 
        day after the date of the previous Presidential general 
        election and ending on the date of the Presidential 
        election.''.
    (b) Conforming Amendments.--Section 9006 of the Internal Revenue 
Code of 1986 is amended--
            (1) in subsection (a), by adding at the end the following 
        new sentence: ``In addition to any amounts transferred to the 
        fund under the preceding provisions of this subsection, with 
        respect to the Presidential election held in 2028 and each 
        succeeding Presidential election, the Secretary of the Treasury 
        shall make transfers to the fund as described in section 
        9013.''; and
            (2) in subsection (c), as amended by section 776, in the 
        third sentence, by striking ``9037(b)'' and inserting 
        ``9008(j)''.
    (c) Clerical Amendment.--The table of sections for chapter 95 of 
subtitle H of such Code is amended by adding at the end the following 
new item:

``Sec. 9013. Use of Freedom From Influence Fund as source of 
                            payments.''.

             Subpart C--Presidential Nominating Conventions

SEC. 779. PAYMENTS FOR PRESIDENTIAL NOMINATING CONVENTIONS.

    (a) In General.--Section 9008 of the Internal Revenue Code of 1986 
is amended--
            (1) in subsection (i)--
                    (A) in paragraph (1) by striking ``the 
                entitlement'' and inserting ``subject to subsection 
                (j), the entitlement'';
                    (B) in paragraph (2), by striking ``maintained 
                for'' and all that follows through ``under this 
                section''; and
            (2) by adding at the end the following new subsection:
    ``(j) Reestablishment of Payments.--
            ``(1) In general.--Notwithstanding subsection (i)(1), 
        effective with respect to nominating conventions for the 
        Presidential election held in 2028 and each succeeding 
        Presidential election, a major party or minor party shall be 
        entitled to a payment under this section.
            ``(2) Establishment of accounts.--The Secretary shall 
        maintain in the fund, in addition to any account which the 
        Secretary maintains under section 9006(a) or subsection (a), a 
        separate account for the national committee of each major party 
        and minor party. The Secretary shall deposit in each such 
        account an amount equal to the amount which each such committee 
        may receive under subsection (b). Such deposits shall be drawn 
        from amounts transferred under section 9013(a) and shall be 
        made before any transfer is made to any account for any 
        eligible candidate under section 9006(a).''.
    (b) Reports by Federal Election Commission.--Section 9009(a) of the 
Internal Revenue Code of 1986 is amended--
            (1) in paragraph (2), by striking ``and'' at the end;
            (2) in paragraph (3), by striking the period at the end and 
        inserting a semicolon; and
            (3) by adding at the end the following new paragraphs:
            ``(4) the expenses incurred by the national committee of a 
        major party or minor party with respect to a presidential 
        nominating convention;
            ``(5) the amounts certified by it under section 9008(g) for 
        payment to each such committee; and
            ``(6) the amount of payments, if any, required from such 
        committees under section 9008(h), and the reasons for such 
        payment.''.
    (c) Penalties.--Section 9012 of the Internal Revenue Code of 1986 
is amended--
            (1) in subsection (a)(1), by inserting the following after 
        the first sentence: ``It shall be unlawful for the national 
        committee of a major party or minor party knowingly and 
        willfully to incur expenses with respect to a presidential 
        nominating convention in excess of the expenditure limitation 
        applicable with respect to such committee under section 9008(d) 
        or for any host committee knowingly and willfully to incur such 
        expenses in excess of such expenditure limitation, unless the 
        incurring of such expenses is authorized by the Commission 
        under section 9008(d)(3).'';
            (2) in subsection (c), by redesignating paragraph (2) as 
        paragraph (3) and inserting the following after paragraph (1):
            ``(3) It shall be unlawful for the national committee of a 
        major party or minor party which receives any payment under 
        section 9008(b)(3) to use, or authorize the use of, such 
        payment for any purpose other than a purpose authorized by 
        section 9008(c).'';
            (3) in subsection (e)(1), by adding at the end the 
        following new sentence: ``It shall be unlawful for the national 
        committee of a major party or minor party knowingly and 
        willfully to give or accept any kickback or any illegal 
        payments in connection with any expense incurred by such 
        committee with respect to a presidential nominating 
        convention.''; and
            (4) in subsection (e)(3), by inserting ``, or in connection 
        with any expense incurred by the national committee of a major 
        party or minor party with respect to a presidential nominating 
        convention'' after ``or their authorized committees''.
    (d) Conforming Amendments.--Section 9008 of the Internal Revenue 
Code of 1986 is amended--
            (1) in subsection (a)--
                    (A) in the first sentence, by striking ``national 
                committee of each major party and minor party'' and 
                inserting ``amounts transferred under subsection 
                (i)(2)'';
                    (B) in the second sentence, by striking ``each such 
                account'' and all that follows through ``may receive'' 
                and inserting ``such account an amount equal to the 
                aggregate amount that the national committee of each 
                major party and minor party is entitled to receive 
                under subsection (b)'';
            (2) in subsection (b)(3), by striking ``subsection (a)'' 
        and inserting ``subsection (j)''; and
            (3) in subsection (i)(2), by striking ``all amounts'' and 
        all that follows through ``minor party'' and inserting ``all 
        amounts in the account established under subsection (a)''.
    (e) Clarification Regarding Amounts for Pediatric Research 
Initiative.--Nothing in the provisions of, or amendments made by, this 
section shall affect amounts transferred to the 10-Year Pediatric 
Research Initiative Fund pursuant to section 9008(i)(2) of the Internal 
Revenue Code of 1986.

                       Subpart D--Effective Date

SEC. 779A. EFFECTIVE DATE.

    (a) In General.--Except as otherwise provided, this part and the 
amendments made by this part shall apply with respect to the 
Presidential election held in 2028 and each succeeding Presidential 
election, without regard to whether or not the Federal Election 
Commission has promulgated the final regulations necessary to carry out 
this part and the amendments made by this part by the deadline set 
forth in subsection (b).
    (b) Deadline for Regulations.--Not later than June 30, 2026, the 
Federal Election Commission shall promulgate such regulations as may be 
necessary to carry out this part and the amendments made by this part.

                 Subtitle D--Enhancing FEC Enforcement

SEC. 781. MEMBERSHIP OF FEDERAL ELECTION COMMISSION.

    (a) Reduction in Number of Members; Removal of Secretary of Senate 
and Clerk of House as Ex Officio Members.--
            (1) In general; quorum.--Section 306(a)(1) of the Federal 
        Election Campaign Act of 1971 (52 U.S.C. 30106(a)(1)) is 
        amended by striking the second and third sentences and 
        inserting the following: ``The Commission is composed of 5 
        members appointed by the President by and with the advice and 
        consent of the Senate, of whom no more than two may be 
        affiliated with the same political party. A member shall be 
        treated as affiliated with a political party if the member was 
        affiliated, including as a registered voter, employee, 
        consultant, donor, officer, or attorney, with such political 
        party or any of its candidates or elected public officials at 
        any time during the 5-year period ending on the date on which 
        such individual is nominated to be a member of the Commission. 
        A majority of the number of members of the Commission who are 
        serving at the time shall constitute a quorum, except that 3 
        members shall constitute a quorum if there are 4 members 
        serving at the time.''.
            (2) Conforming amendments relating to reduction in number 
        of members.--(A) The second sentence of section 306(c) of such 
        Act (52 U.S.C. 30106(c)) is amended by striking ``affirmative 
        vote of 4 members of the Commission'' and inserting 
        ``affirmative vote of a majority of the members of the 
        Commission who are serving at the time''.
            (B) Such Act is further amended by striking ``affirmative 
        vote of 4 of its members'' and inserting ``affirmative vote of 
        a majority of the members of the Commission who are serving at 
        the time'' each place it appears in the following sections:
                    (i) Section 309(a)(2) (52 U.S.C. 30109(a)(2)).
                    (ii) Section 309(a)(4)(A)(i) (52 U.S.C. 
                30109(a)(4)(A)(i)).
                    (iii) Section 309(a)(5)(C) (52 U.S.C. 
                30109(a)(5)(C)).
                    (iv) Section 309(a)(6)(A) (52 U.S.C. 
                30109(a)(6)(A)).
                    (v) Section 311(b) (52 U.S.C. 30111(b)).
            (3) Conforming amendment relating to removal of ex officio 
        members.--Section 306(a) of such Act (52 U.S.C. 30106(a)) is 
        amended by striking ``(other than the Secretary of the Senate 
        and the Clerk of the House of Representatives)'' each place it 
        appears in paragraphs (4) and (5).
    (b) Terms of Service.--Section 306(a)(2) of such Act (52 U.S.C. 
30106(a)(2)) is amended to read as follows:
            ``(2) Terms of service.--
                    ``(A) In general.--Each member of the Commission 
                shall serve for a single term of 6 years.
                    ``(B) Special rule for initial appointments.--Of 
                the members first appointed to serve terms that begin 
                in January 2022, the President shall designate two to 
                serve for a 3-year term.
                    ``(C) No reappointment permitted.--An individual 
                who served a term as a member of the Commission may not 
                serve for an additional term, except that--
                            ``(i) an individual who served a 3-year 
                        term under subparagraph (B) may also be 
                        appointed to serve a 6-year term under 
                        subparagraph (A); and
                            ``(ii) for purposes of this subparagraph, 
                        an individual who is appointed to fill a 
                        vacancy under subparagraph (D) shall not be 
                        considered to have served a term if the portion 
                        of the unexpired term the individual fills is 
                        less than 50 percent of the period of the term.
                    ``(D) Vacancies.--Any vacancy occurring in the 
                membership of the Commission shall be filled in the 
                same manner as in the case of the original appointment. 
                Except as provided in subparagraph (C), an individual 
                appointed to fill a vacancy occurring other than by the 
                expiration of a term of office shall be appointed only 
                for the unexpired term of the member he or she 
                succeeds.
                    ``(E) Limitation on service after expiration of 
                term.--A member of the Commission may continue to serve 
                on the Commission after the expiration of the member's 
                term for an additional period, but only until the 
                earlier of--
                            ``(i) the date on which the member's 
                        successor has taken office as a member of the 
                        Commission; or
                            ``(ii) the expiration of the 1-year period 
                        that begins on the last day of the member's 
                        term.''.
    (c) Qualifications.--Section 306(a)(3) of such Act (52 U.S.C. 
30106(a)(3)) is amended to read as follows:
            ``(3) Qualifications.--
                    ``(A) In general.--The President may select an 
                individual for service as a member of the Commission if 
                the individual has experience in election law and has a 
                demonstrated record of integrity, impartiality, and 
                good judgment.
                    ``(B) Assistance of blue ribbon advisory panel.--
                            ``(i) In general.--Prior to the regularly 
                        scheduled expiration of the term of a member of 
                        the Commission and upon the occurrence of a 
                        vacancy in the membership of the Commission 
                        prior to the expiration of a term, the 
                        President shall convene a Blue Ribbon Advisory 
                        Panel, that includes individuals representing 
                        each major political party and individuals who 
                        are independent of a political party and that 
                        consists of an odd number of individuals 
                        selected by the President from retired Federal 
                        judges, former law enforcement officials, or 
                        individuals with experience in election law, 
                        except that the President may not select any 
                        individual to serve on the panel who holds any 
                        public office at the time of selection. The 
                        President shall also make reasonable efforts to 
                        encourage racial, ethnic, and gender diversity 
                        on the panel.
                            ``(ii) Recommendations.--With respect to 
                        each member of the Commission whose term is 
                        expiring or each vacancy in the membership of 
                        the Commission (as the case may be), the Blue 
                        Ribbon Advisory Panel shall recommend to the 
                        President at least one but not more than 3 
                        individuals for nomination for appointment as a 
                        member of the Commission.
                            ``(iii) Publication.--At the time the 
                        President submits to the Senate the nominations 
                        for individuals to be appointed as members of 
                        the Commission, the President shall publish the 
                        Blue Ribbon Advisory Panel's recommendations 
                        for such nominations.
                            ``(iv) Exemption from federal advisory 
                        committee act.--The Federal Advisory Committee 
                        Act (5 U.S.C. App.) does not apply to a Blue 
                        Ribbon Advisory Panel convened under this 
                        subparagraph.
                    ``(C) Prohibiting engagement with other business or 
                employment during service.--A member of the Commission 
                shall not engage in any other business, vocation, or 
                employment. Any individual who is engaging in any other 
                business, vocation, or employment at the time of his or 
                her appointment to the Commission shall terminate or 
                liquidate such activity no later than 90 days after 
                such appointment.''.

SEC. 782. ASSIGNMENT OF POWERS TO CHAIR OF FEDERAL ELECTION COMMISSION.

    (a) Appointment of Chair by President.--
            (1) In general.--Section 306(a)(5) of the Federal Election 
        Campaign Act of 1971 (52 U.S.C. 30106(a)(5)) is amended to read 
        as follows:
            ``(5) Chair.--
                    ``(A) Initial appointment.--Of the members first 
                appointed to serve terms that begin in January 2022, 
                one such member (as designated by the President at the 
                time the President submits nominations to the Senate) 
                shall serve as Chair of the Commission.
                    ``(B) Subsequent appointments.--Any individual who 
                is appointed to succeed the member who serves as Chair 
                of the Commission for the term beginning in January 
                2022 (as well as any individual who is appointed to 
                fill a vacancy if such member does not serve a full 
                term as Chair) shall serve as Chair of the Commission.
                    ``(C) Vice chair.--The Commission shall select, by 
                majority vote of its members, one of its members to 
                serve as Vice Chair, who shall act as Chair in the 
                absence or disability of the Chair or in the event of a 
                vacancy in the position of Chair.''.
            (2) Conforming amendment.--Section 309(a)(2) of such Act 
        (52 U.S.C. 30109(a)(2)) is amended by striking ``through its 
        chairman or vice chairman'' and inserting ``through the 
        Chair''.
    (b) Powers.--
            (1) Assignment of certain powers to chair.--Section 307(a) 
        of such Act (52 U.S.C. 30107(a)) is amended to read as follows:
    ``(a) Distribution of Powers Between Chair and Commission.--
            ``(1) Powers assigned to chair.--
                    ``(A) Administrative powers.--The Chair of the 
                Commission shall be the chief administrative officer of 
                the Commission and shall have the authority to 
                administer the Commission and its staff, and (in 
                consultation with the other members of the Commission) 
                shall have the power--
                            ``(i) to appoint and remove the staff 
                        director of the Commission;
                            ``(ii) to request the assistance (including 
                        personnel and facilities) of other agencies and 
                        departments of the United States, whose heads 
                        may make such assistance available to the 
                        Commission with or without reimbursement; and
                            ``(iii) to prepare and establish the budget 
                        of the Commission and to make budget requests 
                        to the President, the Director of the Office of 
                        Management and Budget, and Congress.
                    ``(B) Other powers.--The Chair of the Commission 
                shall have the power--
                            ``(i) to appoint and remove the general 
                        counsel of the Commission with the concurrence 
                        of at least 2 other members of the Commission;
                            ``(ii) to require by special or general 
                        orders, any person to submit, under oath, such 
                        written reports and answers to questions as the 
                        Chair may prescribe;
                            ``(iii) to administer oaths or 
                        affirmations;
                            ``(iv) to require by subpoena, signed by 
                        the Chair, the attendance and testimony of 
                        witnesses and the production of all documentary 
                        evidence relating to the execution of its 
                        duties;
                            ``(v) in any proceeding or investigation, 
                        to order testimony to be taken by deposition 
                        before any person who is designated by the 
                        Chair, and shall have the power to administer 
                        oaths and, in such instances, to compel 
                        testimony and the production of evidence in the 
                        same manner as authorized under clause (iv); 
                        and
                            ``(vi) to pay witnesses the same fees and 
                        mileage as are paid in like circumstances in 
                        the courts of the United States.
            ``(2) Powers assigned to commission.--The Commission shall 
        have the power--
                    ``(A) to initiate (through civil actions for 
                injunctive, declaratory, or other appropriate relief), 
                defend (in the case of any civil action brought under 
                section 309(a)(8) of this Act) or appeal (including a 
                proceeding before the Supreme Court on certiorari) any 
                civil action in the name of the Commission to enforce 
                the provisions of this Act and chapter 95 and chapter 
                96 of the Internal Revenue Code of 1986, through its 
                general counsel;
                    ``(B) to render advisory opinions under section 308 
                of this Act;
                    ``(C) to develop such prescribed forms and to make, 
                amend, and repeal such rules, pursuant to the 
                provisions of chapter 5 of title 5, United States Code, 
                as are necessary to carry out the provisions of this 
                Act and chapter 95 and chapter 96 of the Internal 
                Revenue Code of 1986;
                    ``(D) to conduct investigations and hearings 
                expeditiously, to encourage voluntary compliance, and 
                to report apparent violations to the appropriate law 
                enforcement authorities; and
                    ``(E) to transmit to the President and Congress not 
                later than June 1 of each year a report which states in 
                detail the activities of the Commission in carrying out 
                its duties under this Act, and which includes any 
                recommendations for any legislative or other action the 
                Commission considers appropriate.
            ``(3) Permitting commission to exercise other powers of 
        chair.--With respect to any investigation, action, or 
        proceeding, the Commission, by an affirmative vote of a 
        majority of the members who are serving at the time, may 
        exercise any of the powers of the Chair described in paragraph 
        (1)(B).''.
            (2) Conforming amendments relating to personnel 
        authority.--Section 306(f) of such Act (52 U.S.C. 30106(f)) is 
        amended--
                    (A) by amending the first sentence of paragraph (1) 
                to read as follows: ``The Commission shall have a staff 
                director who shall be appointed by the Chair of the 
                Commission in consultation with the other members and a 
                general counsel who shall be appointed by the Chair 
                with the concurrence of at least two other members.'';
                    (B) in paragraph (2), by striking ``With the 
                approval of the Commission'' and inserting ``With the 
                approval of the Chair of the Commission''; and
                    (C) by striking paragraph (3).
            (3) Conforming amendment relating to budget submission.--
        Section 307(d)(1) of such Act (52 U.S.C. 30107(d)(1)) is 
        amended by striking ``the Commission submits any budget'' and 
        inserting ``the Chair (or, pursuant to subsection (a)(3), the 
        Commission) submits any budget''.
            (4) Other conforming amendments.--Section 306(c) of such 
        Act (52 U.S.C. 30106(c)) is amended by striking ``All 
        decisions'' and inserting ``Subject to section 307(a), all 
        decisions''.
            (5) Technical amendment.--The heading of section 307 of 
        such Act (52 U.S.C. 30107) is amended by striking ``the 
        commission'' and inserting ``the chair and the commission''.

SEC. 783. REVISION TO ENFORCEMENT PROCESS.

    (a) Standard for Initiating Investigations and Determining Whether 
Violations Have Occurred.--
            (1) Revision of standards.--Section 309(a) of the Federal 
        Election Campaign Act of 1971 (52 U.S.C. 30109(a)) is amended 
        by striking paragraphs (2) and (3) and inserting the following:
    ``(2)(A) The general counsel, upon receiving a complaint filed with 
the Commission under paragraph (1) or upon the basis of information 
ascertained by the Commission in the normal course of carrying out its 
supervisory responsibilities, shall make a determination as to whether 
or not there is reason to believe that a person has committed, or is 
about to commit, a violation of this Act or chapter 95 or chapter 96 of 
the Internal Revenue Code of 1986, and as to whether or not the 
Commission should either initiate an investigation of the matter or 
that the complaint should be dismissed. The general counsel shall 
promptly provide notification to the Commission of such determination 
and the reasons therefore, together with any written response submitted 
under paragraph (1) by the person alleged to have committed the 
violation. Upon the expiration of the 30-day period which begins on the 
date the general counsel provides such notification, the general 
counsel's determination shall take effect, unless during such 30-day 
period the Commission, by vote of a majority of the members of the 
Commission who are serving at the time, overrules the general counsel's 
determination. If the determination by the general counsel that the 
Commission should investigate the matter takes effect, or if the 
determination by the general counsel that the complaint should be 
dismissed is overruled as provided under the previous sentence, the 
general counsel shall initiate an investigation of the matter on behalf 
of the Commission.
    ``(B) If the Commission initiates an investigation pursuant to 
subparagraph (A), the Commission, through the Chair, shall notify the 
subject of the investigation of the alleged violation. Such 
notification shall set forth the factual basis for such alleged 
violation. The Commission shall make an investigation of such alleged 
violation, which may include a field investigation or audit, in 
accordance with the provisions of this section. The general counsel 
shall provide notification to the Commission of any intent to issue a 
subpoena or conduct any other form of discovery pursuant to the 
investigation. Upon the expiration of the 15-day period which begins on 
the date the general counsel provides such notification, the general 
counsel may issue the subpoena or conduct the discovery, unless during 
such 15-day period the Commission, by vote of a majority of the members 
of the Commission who are serving at the time, prohibits the general 
counsel from issuing the subpoena or conducting the discovery.
    ``(3)(A) Upon completion of an investigation under paragraph (2), 
the general counsel shall promptly submit to the Commission the general 
counsel's recommendation that the Commission find either that there is 
probable cause or that there is not probable cause to believe that a 
person has committed, or is about to commit, a violation of this Act or 
chapter 95 or chapter 96 of the Internal Revenue Code of 1986, and 
shall include with the recommendation a brief stating the position of 
the general counsel on the legal and factual issues of the case.
    ``(B) At the time the general counsel submits to the Commission the 
recommendation under subparagraph (A), the general counsel shall 
simultaneously notify the respondent of such recommendation and the 
reasons therefore, shall provide the respondent with an opportunity to 
submit a brief within 30 days stating the position of the respondent on 
the legal and factual issues of the case and replying to the brief of 
the general counsel. The general counsel and shall promptly submit such 
brief to the Commission upon receipt.
    ``(C) Not later than 30 days after the general counsel submits the 
recommendation to the Commission under subparagraph (A) (or, if the 
respondent submits a brief under subparagraph (B), not later than 30 
days after the general counsel submits the respondent's brief to the 
Commission under such subparagraph), the Commission shall approve or 
disapprove the recommendation by vote of a majority of the members of 
the Commission who are serving at the time.''.
            (2) Conforming amendment relating to initial response to 
        filing of complaint.--Section 309(a)(1) of such Act (52 U.S.C. 
        30109(a)(1)) is amended--
                    (A) in the third sentence, by striking ``the 
                Commission'' and inserting ``the general counsel''; and
                    (B) by amending the fourth sentence to read as 
                follows: ``Not later than 15 days after receiving 
                notice from the general counsel under the previous 
                sentence, the person may provide the general counsel 
                with a written response that no action should be taken 
                against such person on the basis of the complaint.''.
    (b) Revision of Standard for Review of Dismissal of Complaints.--
            (1) In general.--Section 309(a)(8) of such Act (52 U.S.C. 
        30109(a)(8)) is amended to read as follows:
    ``(8)(A)(i) Any party aggrieved by an order of the Commission 
dismissing a complaint filed by such party or finding either no reason 
to believe a violation has occurred or no probable cause a violation 
has occurred may file a petition with the United States District Court 
for the District of Columbia. Any petition under this subparagraph 
shall be filed within 60 days after the date on which the party 
received notice of the dismissal of the complaint.
    ``(ii) In any proceeding under this subparagraph, the court shall 
determine by de novo review whether the agency's dismissal of the 
complaint is contrary to law. In any matter in which the penalty for 
the alleged violation is greater than $50,000, the court should 
disregard any claim or defense by the Commission of prosecutorial 
discretion as a basis for dismissing the complaint.
    ``(B)(i) Any party who has filed a complaint with the Commission 
and who is aggrieved by a failure of the Commission, within 180 days 
after the filing of the complaint, to either dismiss the complaint or 
to find reason to believe a violation has occurred or is about to 
occur, may file a petition with the United States District Court for 
the District of Columbia.
    ``(ii) In any proceeding under this subparagraph, the court shall 
treat the failure to act on the complaint as a dismissal of the 
complaint, and shall determine by de novo review whether the agency's 
failure to act on the complaint is contrary to law.
    ``(C) In any proceeding under this paragraph the court may declare 
that the dismissal of the complaint or the failure to act is contrary 
to law, and may direct the Commission to conform with such declaration 
within 30 days, failing which the complainant may bring, in the name of 
such complainant, a civil action to remedy the violation involved in 
the original complaint.''.
            (2) Effective date.--The amendments made by paragraph (1) 
        shall apply--
                    (A) in the case of complaints which are dismissed 
                by the Federal Election Commission, with respect to 
                complaints which are dismissed on or after the date of 
                the enactment of this Act; and
                    (B) in the case of complaints upon which the 
                Federal Election Commission failed to act, with respect 
                to complaints which were filed on or after the date of 
                the enactment of this Act.

SEC. 784. PERMITTING APPEARANCE AT HEARINGS ON REQUESTS FOR ADVISORY 
              OPINIONS BY PERSONS OPPOSING THE REQUESTS.

    (a) In General.--Section 308 of such Act (52 U.S.C. 30108) is 
amended by adding at the end the following new subsection:
    ``(e) To the extent that the Commission provides an opportunity for 
a person requesting an advisory opinion under this section (or counsel 
for such person) to appear before the Commission to present testimony 
in support of the request, and the person (or counsel) accepts such 
opportunity, the Commission shall provide a reasonable opportunity for 
an interested party who submitted written comments under subsection (d) 
in response to the request (or counsel for such interested party) to 
appear before the Commission to present testimony in response to the 
request.''.
    (b) Effective Date.--The amendment made by subsection (a) shall 
apply with respect to requests for advisory opinions under section 308 
of the Federal Election Campaign Act of 1971 which are made on or after 
the date of the enactment of this Act.

SEC. 785. PERMANENT EXTENSION OF ADMINISTRATIVE PENALTY AUTHORITY.

    (a) Extension of Authority.--Section 309(a)(4)(C)(v) of the Federal 
Election Campaign Act of 1971 (52 U.S.C. 30109(a)(4)(C)(v)), as amended 
by Public Law 115-386, is amended by striking ``, and that end on or 
before December 31, 2023''.
    (b) Effective Date.--The amendment made by subsection (a) shall 
take effect on December 31, 2018.

SEC. 786. REQUIRING FORMS TO PERMIT USE OF ACCENT MARKS.

    (a) Requirement.--Section 311(a)(1) of the Federal Election 
Campaign Act of 1971 (52 U.S.C. 30111(a)(1)) is amended by striking the 
semicolon at the end and inserting the following: ``, and shall ensure 
that all such forms (including forms in an electronic format) permit 
the person using the form to include an accent mark as part of the 
person's identification;''.
    (b) Effective Date.--The amendment made by subsection (a) shall 
take effect upon the expiration of the 90-day period which begins on 
the date of the enactment of this Act.

SEC. 787. RESTRICTIONS ON EX PARTE COMMUNICATIONS.

    Section 306(e) of the Federal Election Campaign Act of 1971 (52 
U.S.C. 30106(e)) is amended--
            (1) by striking ``(e) The Commission'' and inserting 
        ``(e)(1) The Commission''; and
            (2) by adding at the end the following new paragraph:
    ``(2) Members and employees of the Commission shall be subject to 
limitations on ex parte communications, as provided in the regulations 
promulgated by the Commission regarding such communications which are 
in effect on the date of the enactment of this paragraph.''.

SEC. 788. CLARIFYING AUTHORITY OF FEC ATTORNEYS TO REPRESENT FEC IN 
              SUPREME COURT.

    (a) Clarifying Authority.--Section 306(f)(4) of the Federal 
Election Campaign Act of 1971 (52 U.S.C. 30106(f)(4)) is amended by 
striking ``any action instituted under this Act, either (A) by 
attorneys'' and inserting ``any action instituted under this Act, 
including an action before the Supreme Court of the United States, 
either (A) by the General Counsel of the Commission and other 
attorneys''.
    (b) Effective Date.--The amendment made by paragraph (1) shall 
apply with respect to actions instituted before, on, or after the date 
of the enactment of this Act.

SEC. 789. EFFECTIVE DATE; TRANSITION.

    (a) In General.--Except as otherwise provided, the amendments made 
by this subtitle shall apply beginning January 1, 2022.
    (b) Transition.--
            (1) Termination of service of current members.--
        Notwithstanding any provision of the Federal Election Campaign 
        Act of 1971, the term of any individual serving as a member of 
        the Federal Election Commission as of December 31, 2021, shall 
        expire on that date.
            (2) No effect on existing cases or proceedings.--Nothing in 
        this subtitle or in any amendment made by this subtitle shall 
        affect any of the powers exercised by the Federal Election 
        Commission prior to December 31, 2021, including any 
        investigation initiated by the Commission prior to such date or 
        any proceeding (including any enforcement action) pending as of 
        such date.

                       Subtitle E--Miscellaneous

SEC. 791. COMPTROLLER GENERAL REPORT AND BRIEFING ON CAMPAIGN DONATIONS 
              BY NOMINEES BEFORE THE SENATE.

    (a) In General.--Not later than one year after the date of the 
enactment of this Act, the Comptroller General of the United States 
shall--
            (1) submit to the Select Committee on Ethics of the Senate 
        and the Committee on Ethics of the House of Representatives a 
        report on contributions made to members of the Senate by 
        individuals under consideration for Senate-confirmed positions, 
        including judicial nominees; and
            (2) provide a briefing to such committees on such 
        contributions.
    (b) Contents of Report.--The report submitted under subsection 
(a)(1) shall include--
            (1) a review of the frequency and amount of such 
        contributions made to members of the Senate by such 
        individuals, both directly and through political committees and 
        other vehicles with substantial connections to the individual 
        or the member, over the past 5 legislative sessions, and 
        identify the frequency of incidents in which such an individual 
        made such a contribution to a member of the Senate and was then 
        considered or supported by that member for a judicial 
        nomination or other Senate-confirmed position; and
            (2) recommendations for such legislative and administrative 
        action as the Comptroller General determines appropriate to 
        reduce any undue influence such contributions might exert upon 
        the constitutional advice and consent processes of the Senate.
    (c) Definitions.--In this section, the terms ``contribution'' and 
``political committee'' have the meaning given those terms in section 
301 of the Federal Election Campaign Act of 1971 (52 U.S.C. 30101).

SEC. 792. EFFECTIVE DATE.

    Except as otherwise provided in this title, the provisions of, and 
amendments made by, this title shall take effect on the date that is 
one year after the date of enactment of this Act, and shall apply with 
respect to elections for Federal office occurring on or after such 
date, without regard to whether or not the Federal Election Commission 
has promulgated regulations to carry out such amendments.

SEC. 793. SEVERABILITY.

    If any provision of this title or amendment made by this title, or 
the application of a provision or amendment to any person or 
circumstance, is held to be unconstitutional, the remainder of this 
title and amendments made by this title, and the application of the 
provisions and amendment to any person or circumstance, shall not be 
affected by the holding.
                                 <all>