Sec. 511. Establishment of Office of Public Integrity

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The Ethics in Government Act of 1978 (5 U.S.C. App.) is amended— in title I, by striking Government Ethics each place it appears and inserting Public Integrity ; in the heading for title IV, by striking and inserting Government Ethics ; Public Integrity in section 401— by striking Government Ethics each place it appears and inserting Public Integrity ; in subsection (a)— by inserting

(1)before There is established ; and by adding at the end the following: The purposes of the Office of Public Integrity are— to consolidate and strengthen Federal ethics enforcement and anti-corruption public integrity efforts; 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; to promote public integrity and prevent corruption within the Federal Government through education, advisory, guidance, and rulemaking; to facilitate accountability through affirmative public disclosures, lobbying registration, and the promotion of transparency across the Federal Government; and to protect the public's interest in democracy and Federal policymaking. ; and by adding after subsection (d), as added by section 309 of this Act, the following: There is established within the Office of Public Integrity a division to be known as the Government Ethics Division . 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— providing advice to designated agency ethics officials, including legal advisories, education advisories, and program management advisories on substantive ethics issues; providing training and education opportunities to designated agency ethics officials on an ongoing basis; and providing confidential advice, which, subject to paragraph (3), shall not lead to enforcement action, for any agency employee seeking confidential ethics advice. 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— knowingly makes a material misrepresentation, including making a significant omission in providing information, to the Government Ethics Division; has already taken the action in violation of the laws or regulations relating to conflicts of interest or other ethics issues; reveals significant criminal activity, particularly criminal activity outside the jurisdiction of the Office of Public Integrity; 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 engaged in other actions, as established by the Director by regulation. 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. Notwithstanding any other provision in this paragraph, the Director may promulgate regulations (including regulations under subparagraph (A)(v)) to ensure that— 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; 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 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. ; in section 403, by striking Government Ethics each place it appears and inserting Public Integrity ; and in section 503(2), by striking Government Ethics and inserting Public Integrity . Section 401(b) of the Ethics in Government Act of 1978 (5 U.S.C. App.) is amended— by inserting

(1)before There shall be ; 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 ; by striking Effective with respect and inserting the following: Effective with respect ; by inserting after paragraph (1), as so designated, the following: Each individual appointed by the President to the position of Director— shall not have any conflict of interest with respect to any aspect of performing the duties and responsibilities of the Director; shall have a demonstrated record in public integrity and ethics enforcement; 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.); 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); 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 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 by adding at the end the following: The Director may only be removed from office by the President for inefficiency, neglect of duty, or malfeasance in office. 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. 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. 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. . 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 . 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: There shall be in the Office of Public Integrity a Deputy Director, who shall— be appointed by the President in accordance with paragraph (2), by and with the advice and consent of the Senate; and serve as acting Director in the event of the absence or unavailability of the Director, including a vacancy in the office of the Director. Each individual appointed by the President to the position of Deputy Director— shall not have any conflict of interest with respect to any aspect of performing the duties and responsibilities of the Deputy Director; shall have a demonstrated record in public integrity and ethics enforcement; 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.); 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); 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 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. . Section 402 of the Ethics in Government Act of 1978 (5 U.S.C. App) is amended— in subsection (a)— by striking shall provide and inserting the following: “shall— provide ; by striking the period at the end and inserting ; and ; and by adding at the end the following: 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. ; in subsection (b)— in paragraph (1)— by striking the President or ; by striking ethics and inserting other ethics issues ; and by striking title II of this Act and inserting title I ; in paragraph (2)— by striking the President or ; and by inserting and other ethics issues before the semicolon; in paragraph (3), by striking title II of this Act and inserting title I ; in paragraph (4)— by striking conflict of interest laws or regulations and inserting laws or regulations relating to conflicts of interest or other ethics issues ; and by striking ethical problems and inserting other ethics issues ; in paragraph (6)— by striking the President or ; and by striking ethical problems and inserting other ethics issues ; in paragraph (7), by striking conflict of interest problems and inserting conflicts of interest or other ethics issues ; by striking paragraph

(9)and inserting the following: 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; ordering (or with respect to the President, recommending) corrective action on the part of agencies, officers, and employees, as determined appropriate by the Director; 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 order appropriate disciplinary action with respect to an officer or employee in the executive branch, in accordance with subsection (f)(2); ; by striking paragraph

(11)and inserting the following: 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 preparing an annual report to Congress, which shall include— any recommended amendments described in subparagraph (A); 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; information concerning significant violations of the laws or regulations relating to conflicts of interest or other ethics issues; and corrective action concerning violations described in clause

(iii)and progress made in implementing such corrective action; ; in paragraph (12), by striking conflict of interest and ethical problems and inserting conflicts of interest and other ethics issues ; by striking paragraph

(13)and inserting the following: 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; ; in paragraph (14), by striking and at the end; in paragraph (15), by striking title II of this Act. and inserting title I; ; and by adding at the end the following: assuming responsibilities for disclosures of executive branch financial holdings, lobbying, and influencing activities; conducting periodic and routine audits of disclosures described in subparagraph

(A)to ensure the accuracy of the documents; and conducting targeted audits of disclosures described in subparagraph

(A)when the Director has reason to believe such disclosures contain inaccuracies or misinformation; 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; reporting publicly anonymized information regarding the resolution of complaints received under paragraph (17); 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); 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; 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; 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; testifying before each House of Congress at least annually; 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— on any level of the Executive Schedule under subchapter II of chapter 53 of title 5, United States Code; in the executive branch pursuant to an appointment by the President, by and with the advice and consent of the Senate; or in the Executive Office of the President; overseeing the day to day activities of each Inspector General in the executive branch, except to the extent provided otherwise by law; and administering the provisions of this title as they pertain to the heads of agencies. ; in subsection (e)— in paragraph (1), by striking and at the end; in paragraph (2), by striking the period at the end and inserting ; and ; and by adding at the end the following: 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. ; in subsection (f)— in paragraph (1)(A)— in clause (i), by inserting (or, with respect to the President, recommend) after order the first place it appears; and in clause (ii), by inserting (or, with respect to the President, recommend) after order ; in paragraph (2)— in subparagraph (A)— in clause (ii)(II), by inserting and Congress after the the President ; and in clause (iv)— 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 by striking subclause

(II)and inserting the following: 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. ; in subparagraph (B)— by striking clause

(iii)and inserting the following: 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. ; by redesignating clause

(iv)as clause (vi); by inserting after clause

(iii)the following: The Director shall make publicly available any recommendation of a specific disciplinary action made by the Director under subparagraph (A)(iv)(I). The authority of the Director under subparagraph (A)(iv)(II) to order disciplinary action may not be delegated. ; and in clause (vi), as so redesignated— by striking title 2 and inserting title I ; and by striking section 206 and inserting section 104 ; and by adding at the end the following: 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. A determination by the President in an appeal under subclause

(I)shall be— made in writing; submitted to Congress; and made publicly available by the President. A determination by the President in an appeal under subclause

(I)shall not be subject to judicial review. 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— 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 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. ; 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) ; by striking paragraph (5); and by redesignating paragraph

(6)as paragraph (5); and by adding at the end the following: 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. 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. 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. 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. The Attorney General shall promulgate, and revise as appropriate, guidelines which shall govern the exercise of the law enforcement powers established under paragraph (1). The power authorized for the Office of Public Integrity under paragraph

(1)may be rescinded or suspended upon— 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 a determination by the Attorney General that available assistance from other law enforcement agencies is sufficient to meet the need for such powers. 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). 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. 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— 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; other public financial disclosure reports reviewed by the Office of Public Integrity; ethics agreements of individuals nominated or appointed to a position by the President; certifications of compliance with ethics agreements by individuals appointed to a position by the President; 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; 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; 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— section 207 or 208 of title 18, United States Code; section 2635.502(d) of title 5, Code of Federal Regulations, or any successor thereto; section 2635.503(c) of title 5, Code of Federal Regulations, or any successor thereto; any Executive order; and any other authority to waive other ethics requirements or extend any ethics-related deadlines; certificates of divestiture; 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; 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; records of ethics training completed by individuals appointed to a position by the President; reports of the review by the Office of Public Integrity of agency ethics programs; 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; any reports submitted to Congress by the Office of Public Integrity; and any other ethics records that the Director makes available to the public. The Director shall ensure that— 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 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. . Section 408 of the Ethics in Government Act of 1978 (5 U.S.C. App.) is amended— by inserting

(a)before The Director shall, ; and by adding at the end the following: 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. For each fiscal year, the Director may transmit a budget estimate and request to Congress. The President shall include in each budget submitted under section 1105 of title 31, United States Code— a separate statement of the budget estimate and request prepared with the Director; the amount requested by the President for the Office of Public Integrity; and 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. . Title IV of the Ethics in Government Act of 1978 (5 U.S.C. App.) is amended by adding at the end the following: For purposes of this title— the term agency includes the Executive Office of the President; 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 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. . Section 103(j) of the Ethics in Government Act of 1978 (5 U.S.C. App.) is amended— in paragraph (1), by inserting and the Director of the Office of Public Integrity after Official Conduct of the House of Representatives ; and in paragraph (2), by inserting and the Director of the Office of Public Integrity after Ethics of the Senate . 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. . Section 7302(a) of title 5, United States Code, is amended by striking Government Ethics and inserting Public Integrity . Section 7353(d)(1)(D) of title 5, United States Code, is amended by striking Government Ethics and inserting Public Integrity . 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 . 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 . 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 . 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 . Section 207 of title 18, United States Code, is amended by striking Government Ethics each place it appears and inserting Public Integrity . Section 208 of title 18, United States Code, is amended by striking Government Ethics each place it appears and inserting Public Integrity . Section 1043(b) of the Internal Revenue Code of 1986 is amended by striking Government Ethics each place it appears and inserting Public Integrity . Section 594(j)(5) of title 28, United States Code, is amended by striking Government Ethics and inserting Public Integrity . Section 1353 of title 31, United States Code, is amended by striking Government Ethics each place it appears and inserting Public Integrity . Section 2303(c) of title 41, United States Code, is amended by striking Government Ethics and inserting Public Integrity . 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 . Section 40122(d) of title 49, United States Code, is amended by striking Government Ethics and inserting Public Integrity . 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 . 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 .

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