; or (B) to omit any material fact resulting in any statement or representation being false or misleading, shall be subject a civil penalty of not less than $250,000 for a first violation. (2) Any entity that has a subsequent violation of paragraph (1) shall be subject to a civil penalty of not less than $1,000,000 for each subsequent violation. (3) Any submission in violation of this subsection may be excluded from the record and from consideration by the agency or otherwise disregarded, and such submission (or any amendment to such submission) may not be resubmitted thereafter. An exclusion or other disregard of a submission pursuant to this subsection shall not affect the level of deference (in accordance with applicable law) accorded to agency action by a court reviewing such action. (k) Any entity required to file an annual report pursuant to section 13 of the Securities Exchange Act of 1934 ( 15 U.S.C. 78m ), shall include in a submission under subsection (c)(2) the annual report filed in the year previous to such submission and the quarterly report filed most recently prior to such submission. . 11. Establishment of the office of the public advocate Subchapter I of chapter 5 of title 5, United States Code, is amended as follows: (1) By adding at the end the following: 505. Office of the Public Advocate (a) Establishment There is established in the Office of Management and Budget an office to be known as the Office of the Public Advocate . (b) National Public Advocate The Office of the Public Advocate shall be under the supervision of an official to be known as the National Public Advocate , who shall— (1) be appointed by the President, by and with the advice and consent of the Senate; (2) report to the President; (3) be entitled to compensation at the same rate as the highest rate of basic pay established for the Senior Executive Service under section 5382; (4) have a background in customer service, consumer protection, or administrative law