Anti-Corruption and Public Integrity Act

I 116TH CONGRESS 2D SESSION H. R. 9029 To improve the anti-corruption and public integrity laws, and for other purposes. IN THE HOUSE OF REPRESENTATIVES DECEMBER 18, 2020 Ms. JAYAPAL (for herself, Ms. NORTON, Mr. SARBANES, Ms. OMAR, and Ms. SCHAKOWSKY) introduced the following bill; which was referred to the Committee on the Judiciary, and in addition to the Committees on Over- sight and Reform, House Administration, Ways and Means, Financial Services, Intelligence (Permanent Select), Rules, Foreign Affairs, Armed Services, and the Budget, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall with- in the jurisdiction of the committee concerned A BILL To improve the anti-corruption and public integrity laws, and for other purposes. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Anti-Corruption and 4 Public Integrity Act’’. 5 SEC. 2. TABLE OF CONTENTS. 6 The table of contents for this Act is as follows: 7 VerDate Sep 11 2014 00:09 Feb 17, 2021 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H9029.IH H9029 pbinns on DSKJLVW7X2PROD with BILLS 2 •HR 9029 IH 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 non- conflicted 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. VerDate Sep 11 2014 00:09 Feb 17, 2021 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6211 E:\BILLS\H9029.IH H9029 pbinns on DSKJLVW7X2PROD with BILLS 3 •HR 9029 IH 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. VerDate Sep 11 2014 00:09 Feb 17, 2021 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6211 E:\BILLS\H9029.IH H9029 pbinns on DSKJLVW7X2PROD with BILLS 4 •HR 9029 IH 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 Presi- dents, Members of Congress, and certain candidates. Sec. 603. Transparency relating to candidates for Federal office and Members of Congress. Subtitle B—Think Tank, Nonprofit, and Advocate Transparency Sec. 611. Amendments to the Lobbying Disclosure Act of 1995. Sec. 612. Amendments to the Internal Revenue Code of 1986. Subtitle C—Strengthening FOIA Enforcement Sec. 621. Strengthening FOIA enforcement. Sec. 622. Exemptions from disclosure. Sec. 623. Public interest balancing test. Sec. 624. Affirmative disclosure of agency records on website. Sec. 625. Applicability. Subtitle D—Federal Contractor Transparency Sec. 631. Expanding applicability of the Freedom of Information Act to Fed- eral contractors. Sec. 632. Public disclosure by large contractors. Subtitle E—Congressional Transparency Sec. 641. Increased transparency of committee work. Sec. 642. Increased transparency of recorded votes. Sec. 643. Increased transparency of appropriations bills. TITLE VII—CAMPAIGN FINANCE REFORMS Subtitle A—Requirements Relating to Preventing Conflicts of Interest VerDate Sep 11 2014 00:09 Feb 17, 2021 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6211 E:\BILLS\H9029.IH H9029 pbinns on DSKJLVW7X2PROD with BILLS 5 •HR 9029 IH 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 or- ganizations. Sec. 704. Repeal of revenue procedure that eliminated requirement to report in- formation regarding contributors to certain tax-exempt organi- zations. 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 pur- pose 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 presi- dential 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 for- eign nationals in the form of online advertising. Subtitle C—Public Financing VerDate Sep 11 2014 00:09 Feb 17, 2021 Jkt 019200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6211 E:\BILLS\H9029.IH H9029 pbinns on DSKJLVW7X2PROD with BILLS 6 •HR 9029 IH PART I—SMALL DOLLAR FINANCING OF SENATE ELECTION CAMPAIGNS Sec. 751. Eligibility requirements and benefits of fair elections financing of sen- ate 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 con- tributions. 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 ac- counting 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 VerDate Sep 11 2014 00:09 Feb 17, 2021 Jkt 019200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6211 E:\BILLS\H9029.IH H9029 pbinns on DSKJLVW7X2PROD with BILLS 7 •HR 9029 IH 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. 1 Except as provided otherwise in this Act, this Act and 2 the amendments made by this Act shall apply on and after 3 the date that is 1 year after the date of enactment of this 4 Act. 5 TITLE I—PUBLIC INTEGRITY, 6 ETHICS, CONFLICTS OF IN- 7 TEREST, AND REVOLVING 8 DOOR 9 Subtitle A—Conflicts of Interest 10 SEC. 101. DEFINITIONS. 11 In this subtitle: 12 (1) AGENT OF A FOREIGN PRINCIPAL.—The 13 term ‘‘agent of a foreign principal’’ has the meaning 14 given the term in section 1 of the Foreign Agents 15 Registration Act of 1938 (22 U.S.C. 611). 16 (2) BANK HOLDING COMPANY.—The term 17 ‘‘bank holding company’’ has the meaning given the 18 term in section 2 of the Bank Holding Company Act 19 of 1956 (12 U.S.C. 1841). 20 (3) CORPORATE LOBBYIST.—The term ‘‘cor- 21 porate lobbyist’’ has the meaning given the term in 22 VerDate Sep 11 2014 00:09 Feb 17, 2021 Jkt 019200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H9029.IH H9029 pbinns on DSKJLVW7X2PROD with BILLS 8 •HR 9029 IH section 3 of the Lobbying Disclosure Act of 1995, as 1 amended by section 202 of this Act. 2 (4) COVERED ENTITY.—The term ‘‘covered en- 3 tity’’ means any entity that is— 4 (A)(i) a for-profit company; or 5 (ii) a bank holding company, a savings and 6 loan holding company, or any other financial in- 7 stitution; and 8 (B)(i) operating under Federal settlement, 9 including a Federal consent decree; or 10 (ii) the subject of an enforcement action in 11 a court of the United States or by an agency. 12 (5) EXECUTIVE AGENCY.—The term ‘‘Executive 13 agency’’— 14 (A) has the meaning given the term [Text truncated for display. Full text available on Congress.gov.]