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Drain the Swamp Act
Introduced Jun 9, 2026 · Last action Jun 9, 2026 — Referred to the Committee on the Judiciary, and in addition to the Committees on Oversight and Government Reform, House Administration, Ways and Means, and Rules, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
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Summary
This legislation is called the Drain the Swamp Act. It is being reviewed by a committee.
Full bill text
[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 9222 Introduced in House (IH)]
<DOC>
119th CONGRESS
2d Session
H. R. 9222
To ban stock trading and prediction market participation for the
President, Vice President, and Members of Congress, suspend pay for
Members of Congress during shutdowns, establish term limits for
Congress, establish term limits and ethics rules for the Supreme Court,
reform the presidential pardon power, revoke the statute of limitations
for the President and Vice President, strengthen the foreign and
domestic emoluments clauses, overturn Citizens United, ban dark money,
corporate PACs, and partisan gerrymandering, end voter suppression, and
restrict government pensions for felony convictions and lawsuits by the
President, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
June 9, 2026
Mr. Landsman (for himself and Mr. Riley of New York) introduced the
following bill; which was referred to the Committee on the Judiciary,
and in addition to the Committees on Oversight and Government Reform,
House Administration, Ways and Means, and Rules, for a period to be
subsequently determined by the Speaker, in each case for consideration
of such provisions as fall within the jurisdiction of the committee
concerned
_______________________________________________________________________
A BILL
To ban stock trading and prediction market participation for the
President, Vice President, and Members of Congress, suspend pay for
Members of Congress during shutdowns, establish term limits for
Congress, establish term limits and ethics rules for the Supreme Court,
reform the presidential pardon power, revoke the statute of limitations
for the President and Vice President, strengthen the foreign and
domestic emoluments clauses, overturn Citizens United, ban dark money,
corporate PACs, and partisan gerrymandering, end voter suppression, and
restrict government pensions for felony convictions and lawsuits by the
President, 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 ``Drain the Swamp 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.
TITLE I--RESTORE TRUST IN GOVERNMENT ACT
Sec. 101. Short title.
Sec. 102. Restrictions on trade and ownership of covered investments.
TITLE II--NO PAY FOR CONGRESS DURING DEFAULT OR GOVERNMENT SHUTDOWN
Sec. 201. Short title.
Sec. 202. Requiring reduction of pay of Members of Congress if public
debt limit is reached.
Sec. 203. Requiring reduction of pay of Members of Congress if
Government shutdown occurs.
Sec. 204. Role of Secretary of the Treasury.
Sec. 205. Definitions.
TITLE III--SUPREME COURT DURATION OF ACTIVE SERVICE
Sec. 301. Short title.
Sec. 302. Supreme Court terms of office.
Sec. 303. Senior justices.
TITLE IV--CONSTITUTIONAL AMENDMENT FOR CONGRESSIONAL TERM LIMITS
Sec. 401. Constitutional amendment for congressional term limits.
TITLE V--SUPREME COURT ETHICS REQUIREMENTS
Sec. 501. Short title.
Sec. 502. Establishment of the Office of Ethics Counsel within the
Supreme Court of the United States.
Sec. 503. Establishment of the Office of Investigative Counsel within
the Supreme Court of the United States.
Sec. 504. Severability.
TITLE VI--PREVENTING ABUSES OF PRESIDENTIAL POWER
Sec. 600. Short title.
Subtitle A--Abuse of the Pardon Power Prevention
Sec. 601. Short title.
Sec. 602. Congressional oversight relating to certain pardons.
Sec. 603. Bribery in connection with pardons and commutations.
Sec. 604. Prohibition on presidential self-pardon.
Subtitle B--Ensuring No President Is Above the Law
Sec. 611. Short title.
Sec. 612. Tolling of statute of limitations.
Sec. 613. Contracts by the President, the Vice President, or a cabinet
member.
Sec. 614. Forfeiture of benefits for former Presidents convicted of a
felony.
Subtitle C--Enforcement of the Emoluments Clauses of the Constitution
Sec. 621. Short title.
Sec. 622. Definitions.
Sec. 623. Prohibition on acceptance of foreign emoluments.
Sec. 624. Civil actions by Congress concerning foreign emoluments.
Sec. 625. Prohibiting senior Federal officials from accepting foreign
payments.
Sec. 626. Disclosures concerning foreign and domestic emoluments.
Sec. 627. Enforcement authority for Office of Government Ethics and
financial disclosures.
Sec. 628. Jurisdiction of the Office of Special Counsel.
Sec. 629. Rulemaking for ethics requirements for legal expense funds.
Sec. 630. Limitations and disclosure of certain donations to, and
disbursements by, inaugural committees.
Sec. 631. Prohibition on payments to the President of Federal or State
government funds.
Sec. 632. Prohibition on payments to the President from individuals
receiving government positions or grants of
clemency from the President.
Sec. 633. Penalties.
Sec. 634. Exceptions.
Sec. 635. Severability.
Subtitle D--Investigative Integrity Protection
Sec. 641. Short title.
Sec. 642. Presidential oversight of Attorney General.
TITLE VII--CONSTITUTIONAL AMENDMENT TO OVERTURN CITIZENS UNITED
Sec. 701. Constitutional amendment to overturn Citizens United.
TITLE VIII--REPORTING OF CAMPAIGN-RELATED DISBURSEMENTS
Sec. 801. Short title.
Sec. 802. Reporting of campaign-related disbursements.
Sec. 803. Reporting of Federal judicial nomination disbursements.
Sec. 804. Coordination with FinCEN.
Sec. 805. Application of foreign money ban to disbursements for
campaign-related disbursements consisting
of covered transfers.
Sec. 806. Sense of Congress regarding implementation.
Sec. 807. Effective date.
TITLE IX--BAN CORPORATE PACS ACT
Sec. 901. Short title.
Sec. 902. Limiting authority of corporations to establish or operate
separate segregated funds for political
purposes to nonprofit corporations.
Sec. 903. Effective date; transition for existing funds and committees.
TITLE X--NONPARTISAN REDISTRICTING REFORM
Sec. 1001. Short title.
Sec. 1002. Finding of constitutional authority.
Sec. 1003. Ban on mid-decade redistricting.
Sec. 1004. Criteria for redistricting.
Sec. 1005. Development of plan.
Sec. 1006. Failure by State to enact plan.
Sec. 1007. Civil enforcement.
Sec. 1008. No effect on elections for State and local office.
Sec. 1009. Effective date.
TITLE XI--JOHN R. LEWIS VOTING RIGHTS ADVANCEMENT ACT
Sec. 1101. Short title.
Sec. 1102. Vote dilution, denial, and abridgment claims.
Sec. 1103. Retrogression.
Sec. 1104. Violations triggering authority of court to retain
jurisdiction.
Sec. 1105. Criteria for coverage of States and political subdivisions.
Sec. 1106. Determination of States and Political Subdivisions Subject
to Preclearance for Covered Practices.
Sec. 1107. Promoting transparency to enforce the Voting Rights Act.
Sec. 1108. Authority to assign observers.
Sec. 1109. Clarification of authority to seek relief.
Sec. 1110. Preventive relief.
Sec. 1111. Relief for violations of voting rights laws.
Sec. 1112. Enforcement of Voting Rights by Attorney General.
Sec. 1113. Definitions.
Sec. 1114. Attorneys' fees.
Sec. 1115. Other technical and conforming amendments.
Sec. 1116. Severability.
Sec. 1117. Grants to assist with notice requirements under the Voting
Rights Act of 1965.
TITLE XII--RESTRICTIONS ON GOVERNMENT PENSIONS FOR FELONY CONVICTIONS
Sec. 1201. Federal retirement benefits forfeiture for Members of
Congress and cabinet members convicted of
certain crimes.
Sec. 1202. Forfeiture of benefits for former Presidents convicted of a
felony.
TITLE XIII--RESTRICTION ON LAWSUITS BY PRESIDENT
Sec. 1301. Exceptions to Federal Tort Claims Act.
TITLE XIV--PROHIBITION ON PREDICTION MARKET PARTICIPATION
Sec. 1401. Short title.
Sec. 1402. Restrictions on trading on prediction markets.
TITLE I--RESTORE TRUST IN GOVERNMENT ACT
SECTION 101. SHORT TITLE.
This title may be cited as the ``Restore Trust in Government Act''.
SEC. 102. RESTRICTIONS ON TRADE AND OWNERSHIP OF COVERED INVESTMENTS.
(a) Table of Contents.--The table of contents for chapter 131 of
title 5, United States Code, is amended by adding at the end the
following:
subchapter iv. restrictions on trade and ownership of covered
investments
13151. Definitions.
13152. Trade and ownership of covered investments.
13153. Penalties.
(b) Restrictions.--Chapter 131 of title 5, United States Code, is
amended by adding at the end a new subchapter:
``SUBCHAPTER IV--RESTRICTIONS ON TRADE AND OWNERSHIP OF COVERED
INVESTMENTS
``Sec. 13151. Definitions
``In this subchapter:
``(1) Commodity.--The term `commodity'--
``(A) has the meaning given the term in section 1a
of the Commodity Exchange Act (7 U.S.C. 1a); and
``(B) does not include a precious metal (as defined
in section 1027.100 of title 31, Code of Federal
Regulations).
``(2) Covered individual.--The term `covered individual'
means any of the following:
``(A) A Member of Congress, as defined in section
13101.
``(B) A dependent child (as defined in section
13101) or a spouse of a Member of Congress.
``(C) A trustee of a trust in which an individual
described in subparagraph (A) or (B) has a beneficial
interest in the principal or income of the trust as
described in section 1403(b)(5) of the Internal Revenue
Code of 1986.
``(D) The President, or the spouse or a dependent
child (as defined in section 13101) of the President.
``(E) The Vice President, or the spouse or a
dependent child (as defined in section 13101) of the
Vice President.
``(F) The Chief Justice of the United States, or
the spouse or a dependent child (as defined in section
13101) of the Chief Justice.
``(G) An Associate Justice of the Supreme Court, or
the spouse or a dependent child (as defined in section
13101) of an Associate Justice.
``(3) Covered investment.--The term `covered investment'--
``(A) means an investment in a security, a
commodity, a future, or any comparable economic
interest acquired through synthetic means, such as the
use of a derivative, including an option, warrant, or
other similar means; and
``(B) does not include--
``(i) a widely held investment fund
described in section 13104(f)(8) that is
diversified and publicly traded on a national
or regional stock exchange;
``(ii) a United States Treasury bill, note,
or bond;
``(iii) a State or municipal government
bill, note, or bond;
``(iv) any compensation received by a
spouse or a dependent child described in
paragraph (2) from an employer of the spouse or
dependent child;
``(v) an interest in a small business
concern and, in the case of an investment in a
family farm or ranch that qualifies as an
interest in a small business concern, a future
or commodity directly related to the farming
activities and products of the farm or ranch;
``(vi) an interest in a limited liability
company created for the sole purpose of
purchasing or holding real estate that serves
as the personal residences of the Member of
Congress;
``(vii) any share 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
``(viii) any share of Settlement Common
Stock, as defined in section 3 of the Alaska
Native Claims Settlement Act (43 U.S.C. 1602).
``(4) Diversified.--The term `diversified', with respect to
an investment fund, means such fund does not have a stated
policy of concentrating its investments in any industry,
business, single country other than the United States, or bonds
of a single State within the United States except for the State
in which the Member of Congress resides.
``(5) Future.--The term `future' means a financial contract
obligating the buyer to purchase an asset or the seller to sell
an asset, such as a physical commodity or a financial
investment, at a predetermined future date and price.
``(6) Security.--The term `security' has the meaning given
the term in section 3(a) of the Securities Exchange Act of 1934
(15 U.S.C. 78c(a)).
``(7) Small business concern.--The term `small business
concern' has the meaning given that term under section 3 of the
Small Business Act (15 U.S.C. 632).
``(8) Supervising ethics office.--The term `supervising
ethics office' has the meaning given the term in section 13101.
``Sec. 13152. Trade and ownership of covered investments
``(a) Conduct During Federal Service.--Except as described in
subsection (b)(1)(B) and subsections (e) through (g), no covered
individual may, directly or indirectly, own or trade a covered
investment.
``(b) Compliance.--
``(1) Requirement.--To comply with subsection (a)--
``(A) a covered individual may not purchase a
covered investment; and
``(B) a covered individual shall divest of any
covered investment by the effective date established in
paragraph (2) at fair market value.
``(2) Effective date.--The effective date is established as
follows:
``(A) 180 days for an individual who is a covered
individual on the date of enactment of the Restore
Trust in Government Act.
``(B) 90 days within the date on which an
individual becomes a covered individual if such date
occurs after the date of enactment of the Restore Trust
in Government Act.
``(c) Certificates of Divestiture.--
``(1) Application of certificate of divestiture program.--
For purposes of section 1043 of the Internal Revenue Code of
1986--
``(A) this section shall be treated as a Federal
conflict of interest statute;
``(B) any covered individual described in section
13151(2)(A) shall be treated as an eligible person
described in section 1043(b)(1)(A) of such Code; and
``(C) any spouse or dependent child described in
section 13151(2)(B) shall be treated as an eligible
person described in section 1043(b)(1)(B) of such Code.
``(2) Issuance of certificate of divestiture.--
``(A) In general.--Each supervising ethics office
shall issue a certificate of divestiture to each
covered individual required to divest under this
subchapter upon submission of proof of compliance by
such individual with the requirements to divest or any
extensions granted by the supervising ethics office.
``(B) Eligibility.--Such certificate shall include
an identification of each specific property eligible
for the application of the certificate of divestiture
program as determined by the supervising ethics office.
``(d) Income Tax.--A loss from a transaction or holding involving a
covered financial instrument that is conducted in violation of this
section may not be deducted from the amount of income tax owed by the
covered individual.
``(e) Occupational Exception.--A spouse or dependent child of a
covered individual as described in section 13151(2)(B) may trade any
covered investment if such covered investment is not owned by a covered
individual and if such trade is performed as a function of the primary
occupation of the spouse or dependent child.
``(f) Trusts.--
``(1) Qualified blind trust.--Any covered investment held
in a qualified blind trust as defined in section 13104(f)(3)
shall be divested in accordance with subsection (b)(1)(B) by
the effective date established in subsection (b)(2).
``(2) Family trust.--A supervising ethics office may grant
an exemption for covered investments held in a family trust
only if--
``(A) no covered individual--
``(i) is a grantor of the family trust;
``(ii) contributed any covered investment
to the family trust; or
``(iii) has any authority over a trustee of
the family trust, including the authority to
appoint, replace, or direct the actions of such
a trustee; and
``(B) the grantor of the family trust is or was a
family member of the covered individual.
``(3) Requests.--A covered individual seeking an exemption
under paragraph (2) shall submit to the applicable supervising
ethics office a request for the exemption, in writing,
certifying that the conditions described in that paragraph are
met.
``(g) Assets Acquired in Special Circumstances.--In the event that
a covered individual acquires a covered investment after the date of
enactment of the Restore Trust in Government Act other than by purchase
(such as by marriage, inheritance, divorce settlement, or other
circumstance), the covered individual shall have 90 days from the date
on which such investment was acquired to divest such covered investment
at fair market value.
``(h) Extension.--A supervising ethics office may grant a covered
individual an extension of time to comply with a divestment deadline
under this subchapter if a covered investment cannot be divested by
such deadline due to low liquidity, vesting schedules, or contractual
restrictions.
``(i) Interpretative Guidance.--The supervising ethics office shall
issue interpretive guidance on any relevant term not defined in this
subchapter.
``Sec. 13153. Penalties
``(a) In General.--
``(1) Penalties.--Any covered individual who violates the
restrictions on trading or ownership of covered investments in
section 13152 shall, at the direction of the supervising ethics
office--
``(A) pay a fee equal to ten percent of the value
of the covered investment; and
``(B) disgorge the profits of any transaction that
violates the provisions of this subchapter.
``(2) Payment of penalty to treasury.--A penalty imposed
under paragraph (1)(B) shall be payable into the Treasury of
the United States.
``(b) Payment Restrictions.--A Member of Congress may not pay any
of the penalties under this section by using amounts from the following
sources:
``(1) The Members' Representational Allowance.
``(2) The Senators' Official Personnel and Office Expense
Account.
``(3) Any contribution (as defined in section 301(8) of the
Federal Election Campaign Act of 1971 (52 U.S.C. 30101(8)))
accepted as a candidate, and any other donation received as
support for activities of the individual as a holder of Federal
office.
``(c) Publication.--Each supervising ethics office shall publish on
a publicly available website a description of--
``(1) each fine assessed by the supervising ethics office
pursuant to this section;
``(2) the reason why each such fine was assessed; and
``(3) the result of each assessment.''.
TITLE II--NO PAY FOR CONGRESS DURING DEFAULT OR GOVERNMENT SHUTDOWN
SEC. 201. SHORT TITLE.
This title may be cited as the ``No Pay for Congress During Default
or Government Shutdown Act''.
SEC. 202. REQUIRING REDUCTION OF PAY OF MEMBERS OF CONGRESS IF PUBLIC
DEBT LIMIT IS REACHED.
(a) Reduction of Pay for Each Day of Government Shutdown.--
(1) In general.--If on any day during a year the public
debt limit is reached, the annual rate of pay applicable under
section 601(a) of the Legislative Reorganization Act of 1946 (2
U.S.C. 4501) with respect to each Member of Congress for the
year shall be reduced by an amount equal to the product of--
(A) an amount equal to one day's worth of pay under
such annual rate; and
(B) the number of 24-hour periods during which the
public debt limit is reached.
(2) Effective date.--This subsection shall apply with
respect to days occurring after the date of the regularly
scheduled general election for Federal office held in November
2026.
(b) Special Rule for One Hundred Nineteenth Congress.--
(1) Holding salaries in escrow.--If on any day during the
One Hundred Nineteenth Congress the public debt limit is
reached, the payroll administrator of that House of Congress
shall--
(A) withhold from the payments otherwise required
to be made with respect to a pay period for the
compensation of each Member of Congress who serves in
that House of Congress an amount equal to the product
of--
(i) an amount equal to one day's worth of
pay under the annual rate of pay applicable to
the Member under section 601(a) of the
Legislative Reorganization Act of 1946 (2
U.S.C. 4501); and
(ii) the number of 24-hour periods during
which the public debt limit is reached which
occur during the pay period; and
(B) deposit in an escrow account all amounts
withheld under subparagraph (A).
(2) Release of amounts at end of the congress.--In order to
ensure that this subsection is carried out in a manner that
shall not vary the compensation of Members of Congress in
violation of the twenty-seventh article of amendment to the
Constitution of the United States, the payroll administrator of
a House of Congress shall release for payments to Members of
that House of Congress any amounts remaining in any escrow
account under this subsection on the last day of the One
Hundred Nineteenth Congress.
(3) Exception for days occurring after general election.--
This subsection does not apply with respect to any day during
the One Hundred Nineteenth Congress which occurs after the date
of the regularly scheduled general election for Federal office
held in November 2026.
(c) Determination of Reaching of Public Debt Limit.--For purposes
of this section, the public debt limit shall be considered to be
reached if the Federal Government is unable to make payments or meet
obligations because the public debt limit under section 3101 of title
31, United States Code, has been reached.
SEC. 203. REQUIRING REDUCTION OF PAY OF MEMBERS OF CONGRESS IF
GOVERNMENT SHUTDOWN OCCURS.
(a) Reduction of Pay for Each Day of Government Shutdown.--
(1) In general.--If on any day during a year a Government
shutdown is in effect, the annual rate of pay applicable under
section 601(a) of the Legislative Reorganization Act of 1946 (2
U.S.C. 4501) with respect to each Member of Congress for the
year shall be reduced by an amount equal to the product of--
(A) an amount equal to one day's worth of pay under
such annual rate; and
(B) the number of 24-hour periods during which the
Government shutdown is in effect.
(2) Effective date.--This subsection shall apply with
respect to days occurring after the date of the regularly
scheduled general election for Federal office held in November
2026.
(b) Special Rule for One Hundred Nineteenth Congress.--
(1) Holding salaries in escrow.--If on any day during the
One Hundred Nineteenth Congress a Government shutdown is in
effect, the payroll administrator of that House of Congress
shall--
(A) withhold from the payments otherwise required
to be made with respect to a pay period for the
compensation of each Member of Congress who serves in
that House of Congress an amount equal to the product
of--
(i) an amount equal to one day's worth of
pay under the annual rate of pay applicable to
the Member under section 601(a) of the
Legislative Reorganization Act of 1946 (2
U.S.C. 4501); and
(ii) the number of 24-hour periods during
which the Government shutdown is in effect
which occur during the pay period; and
(B) deposit in an escrow account all amounts
withheld under subparagraph (A).
(2) Release of amounts at end of the congress.--In order to
ensure that this subsection is carried out in a manner that
shall not vary the compensation of Senators or Representatives
in violation of the twenty-seventh article of amendment to the
Constitution of the United States, the payroll administrator of
a House of Congress shall release for payments to Members of
that House of Congress any amounts remaining in any escrow
account under this subsection on the last day of the One
Hundred Nineteenth Congress.
(3) Exception for days occurring after general election.--
This subsection does not apply with respect to any day during
the One Hundred Nineteenth Congress which occurs after the date
of the regularly scheduled general election for Federal office
held in November 2026.
(c) Determination of Government Shutdown.--For purposes of this
section, a Government shutdown shall be considered to be in effect if
there is a lapse in appropriations for any Federal agency or department
as a result of a failure to enact a regular appropriations bill or
continuing resolution.
SEC. 204. ROLE OF SECRETARY OF THE TREASURY.
The Secretary of the Treasury shall provide the payroll
administrators of the Houses of Congress with such assistance as may be
necessary to enable the payroll administrators to carry out this title.
SEC. 205. DEFINITIONS.
(a) Member of Congress.--In this title, the term ``Member of
Congress'' means an individual serving in a position under subparagraph
(A), (B), or (C) of section 601(a) of the Legislative Reorganization
Act of 1946 (2 U.S.C. 4501).
(b) Payroll Administrator.--In this title, the ``payroll
administrator'' of a House of Congress means--
(1) in the case of the House of Representatives, the Chief
Administrative Officer of the House of Representatives, or an
employee of the Office of the Chief Administrative Officer who
is designated by the Chief Administrative Officer to carry out
this title; and
(2) in the case of the Senate, the Secretary of the Senate,
or an employee of the Office of the Secretary of the Senate who
is designated by the Secretary to carry out this title.
TITLE III--SUPREME COURT DURATION OF ACTIVE SERVICE
SECTION 301. SHORT TITLE.
This title may be cited as the ``Supreme Court Tenure Establishment
and Retirement Modernization Act''.
SEC. 302. SUPREME COURT TERMS OF OFFICE.
(a) In General.--Chapter 1 of title 28, United States Code, is
amended by adding at the end the following:
``Sec. 7. Appointment
``(a) Regular Appointment of Justices.--The President shall, during
the first and third years after a year in which there is a Presidential
election, nominate, and by and with the advice and consent of the
Senate, appoint one justice of the Supreme Court.
``(b) Exclusive Method of Appointment.--The President shall not
appoint any justice of the Supreme Court except as provided in this
section.
``(c) Limitation on Repeat Appointments.--An individual, once
confirmed by the Senate, may only serve one 18-year term as a Supreme
Court Justice.
``(d) Senate Confirmation.--
``(1) In general.--The Senate shall exercise its authority
to provide advice and consent on nominations made under
subsection (a) not later than 90 days after the date on which
the individual is nominated by the President.
``(2) Withdrawal or disapproval.--If the President
withdraws a nomination under subsection (a) or the Senate
disapproves such a nomination, the President shall make another
nomination under subsection (a). The Senate shall exercise its
authority to provide advice and consent on such a subsequent
nomination not later than 120 days after the date on which the
individual is nominated by the President.
``Sec. 8. Duration of active service
``(a) New Justices.--Each justice shall serve in regular active
service for 18 years beginning on the date on which the justice is
sworn in, after which the justice shall be deemed to have retired from
regular active service under section 371.
``(b) Current Justices.--Each justice who was appointed before the
date of enactment of this section and who is serving as a justice on
the date of enactment of this section shall, notwithstanding the period
of service of the justice, in order of duration of service beginning
with the justice who has served on the Supreme Court for the longest
period of time, be deemed to have retired from regular active service
under section 371(b) upon the date of commission of each new justice as
they are appointed under section 7.''.
(b) Clerical Amendment.--The table of sections for chapter 1 of
title 28, United States Code, is amended by adding at the end the
following:
``7. Appointment.
``8. Duration of active service.''.
SEC. 303. SENIOR JUSTICES.
Section 294 of title 28, United States Code, is amended--
(1) in subsection (d), by striking the period at the end
and inserting ``except as provided by subsection (e).'';
(2) by redesignating subsection (e) as subsection (f); and
(3) by inserting after subsection (d) the following:
``(e) In the event that the number of justices of the Supreme Court
falls below that provided in section 1 due to vacancy, disability, or
disqualification, a justice of the Supreme Court who has retired from
regular active service under section 371 but retained their office
shall be chosen by the Chief Justice through a publicly transparent and
randomized process to serve as an associate justice until the number of
justices who have not retired from regular active service equals that
provided in section 1.''.
TITLE IV--CONSTITUTIONAL AMENDMENT FOR CONGRESSIONAL TERM LIMITS
SEC. 401. CONSTITUTIONAL AMENDMENT FOR CONGRESSIONAL TERM LIMITS.
The following article is proposed as an amendment to the
Constitution of the United States, which shall be valid to all intents
and purposes as part of the Constitution when ratified by the
legislatures of three-fourths of the several States within seven years
after the date of its submission for ratification:
``Article--
``Section 1. No person who has served 9 terms as a Representative
shall be eligible for election to the House of Representatives. For
purposes of this section, the election of a person to fill a vacancy in
the House of Representatives shall be included as 1 term in determining
the number of terms that such person has served as a Representative if
the person fills the vacancy for more than 1 year.
``Section 2. No person who has served 3 terms as a Senator shall be
eligible for election or appointment to the Senate. For purposes of
this section, the election or appointment of a person to fill a vacancy
in the Senate shall be included as 1 term in determining the number of
terms that such person has served as a Senator if the person fills the
vacancy for more than 3 years.
``Section 3. No term beginning before the date of the ratification
of this article shall be taken into account in determining eligibility
for election or appointment under this article.''.
TITLE V--SUPREME COURT ETHICS REQUIREMENTS
SEC. 501. SHORT TITLE.
This title may be cited as the ``Supreme Court Ethics and
Investigations Act''.
SEC. 502. ESTABLISHMENT OF THE OFFICE OF ETHICS COUNSEL WITHIN THE
SUPREME COURT OF THE UNITED STATES.
(a) In General.--Chapter 45 of title 28, United States Code, is
amended by adding at the end the following:
``Sec. 678. Office of Ethics Counsel
``(a) The Office of Ethics Counsel.--The Chief Justice is
authorized to establish an Office of Ethics Counsel within the Supreme
Court of the United States--
``(1) constituted by one chief ethics counsel who may
employ such officers and employees, subject to the provisions
of title 5, governing appointments in the competitive service,
and the provisions of chapter 51 and subchapter III of chapter
53 of such title relating to classification and General
Schedule pay rates; and
``(2) to advise and provide guidance to justices of the
Supreme Court, and their spouses, on matters of judicial
ethics, including--
``(A) financial disclosure requirements;
``(B) the acceptance of gifts;
``(C) political activity;
``(D) conflicts of interest and recusal; and
``(E) the unauthorized disclosure of official Court
documents.
``(b) Ethics Counsels.--
``(1) Staffing and compensation of counsels.--
``(A) Chief ethics counsel.--The chief ethics
counsel within the Office of Ethics Counsel--
``(i) may not be employed by the Court on
the date of enactment of this section;
``(ii) shall be appointed by the Chief
Justice;
``(iii) shall serve not more than two 6-
year terms; and
``(iv) shall receive an annual rate of pay
of at least $225,000.
``(B) Other counsels.--Any counsel other than the
chief ethics counsel within the Office of Ethics
Counsel--
``(i) may not be employed by the Court on
the date of enactment of this section;
``(ii) shall be appointed by the chief
ethics counsel;
``(iii) shall serve not more than two 6-
year terms; and
``(iv) shall receive an annual rate of pay
of at least $180,000.
``(2) Qualifications.--Each counsel of the Office of Ethics
Counsel shall--
``(A) be licensed to practice law in a State or
territory of the United States and a member of the bar
in good standing; and
``(B) possess at least 5 years of experience as a
practicing attorney.
``(3) Expertise.--Each counsel shall be an individual of
exceptional public standing who is specifically qualified to
serve within the Office of Ethics Counsel by virtue of the
individual's education, training, and experience, as determined
by the Chief Justice.
``(4) Termination of counsels.--The employment of a counsel
may only be terminated by the Chief Justice for cause.
``(c) Training.--On a biannual basis, the Office of Ethics Counsel
shall provide, and each justice shall take, a training course on the
judicial ethics matters described in subsection (a)(2).
``(d) Report.--On an annual basis, the chief ethics counsel shall
submit to the Committees on the Judiciary of the House of
Representatives and of the Senate a report on the ethics advice given
by the Office of Ethics Counsel during the previous year, including--
``(1) the number of times advice was sought and given;
``(2) whether the advice was sought by judicial officers or
by judicial employees;
``(3) information about the topics covered by the advice
given, including the number of questions related to gifts,
financial disclosures, nonpublic information, and political
activity;
``(4) the number and types of mitigation measures that were
recommended, including recusal, divestiture, and resignation;
and
``(5) the number of times advice described in this
subsection was not followed by the individual to whom it was
given, if known by the Office.
``(e) Definitions.--In this section:
``(1) The term `gift' means any gratuity, favor, discount,
entertainment, hospitality, loan, forbearance, or other item
having monetary value. The term includes services as well as
gifts of training, transportation, local travel, lodgings and
meals, whether provided in-kind, by purchase of a ticket,
payment in advance, or reimbursement after the expense has been
incurred.
``(2) The term `political activity' means political
engagements, such as paid speaking events, fundraisers, or
donations to political parties, politicians, political action
groups, or endorsements of political candidates.''.
(b) Clerical Amendment.--The table of contents of chapter 45 of
title 28, United States Code, is amended by inserting after the item
relating to section 678 the following:
``678. Office of Ethics Counsel.''.
SEC. 503. ESTABLISHMENT OF THE OFFICE OF INVESTIGATIVE COUNSEL WITHIN
THE SUPREME COURT OF THE UNITED STATES.
(a) In General.--Chapter 45 of title 28, United States Code, as
amended by section 502, is further amended by adding at the end the
following:
``Sec. 679. Office of Investigative Counsel
``(a) Office of Investigative Counsel.--The Chief Justice is
authorized to establish an Office of Investigative Counsel within the
Supreme Court of the United States--
``(1) constituted by one Chief Investigative Counsel and at
least two additional investigative counsels; and
``(2) to review and investigate ethics complaints against
justices arising from their actions or the actions of their
spouses and dependents.
``(b) Investigative Counsels.--
``(1) Staffing and compensation of counsels.--
``(A) Chief investigative counsel.--The Chief
Investigative Counsel--
``(i) may not be employed by the court on
the date of enactment of this section;
``(ii) shall be appointed by the Chief
Justice;
``(iii) shall serve not more than one 6-
year term; and
``(iv) shall receive an annual rate of pay
of at least $225,000.
``(B) Additional investigative counsels.--The
investigative counsels--
``(i) may not be employed by the court on
the date of enactment of this section;
``(ii) shall be appointed by the Chief
Investigative Counsel;
``(iii) shall serve at the pleasure of the
Chief Investigative Counsel; and
``(iv) shall receive an annual rate of pay
of at least $180,000.
``(C) Qualifications.--Each investigative counsel
of the Office of Investigative Counsel shall--
``(i) be licensed to practice law in a
State or territory of the United States and a
member of the bar in good standing; and
``(ii) possess at least 7 years of
experience as a practicing attorney.
``(D) Expertise.--Each investigative counsel and
the Chief Investigative Counsel shall be an individual
of exceptional public standing who is specifically
qualified to serve within the Office of Investigative
Counsel by virtue of the individual's education,
training, and experience.
``(E) Termination of counsels.--The employment of
the Chief Investigative Counsel may only be terminated
by the Chief Justice for cause.
``(2) Subpoena power.--
``(A) In general.--For the discharge of their
duties, the Chief Investigative Counsel shall have the
authority to issue subpoenas to compel witnesses to
appear and testify and to produce books, papers,
correspondence, memoranda, documents, or other relevant
records. The Chief Investigative Counsel may issue
subpoenas requiring the attendance and testimony of
witnesses and the production of any evidence relating
to any matter under investigation by the Office of
Investigative Counsel, which the Office is empowered to
investigate by this section. The attendance of
witnesses and the production of evidence may be
required from any place within the United States at any
designated place of hearing within the United States.
``(B) Failure to obey a subpoena.--If a person
refuses to obey a subpoena issued under subparagraph
(A), the Chief Investigative Counsel may apply to a
United States district court for an order requiring
that person to appear before the Office of
Investigative Counsel to give testimony, produce
evidence, or both, relating to the matter under
investigation. The application may be made within the
judicial district where the hearing is conducted or
where that person is found, resides, or transacts
business. Any failure to obey the order of the court
shall be punishable by contempt of court.
``(C) Service of subpoenas.--The subpoenas of the
Office of Investigative Counsel shall be served in the
manner provided for subpoenas issued by a United States
district court under the Federal Rules of Civil
Procedure for the United States district courts.
``(D) Service of process.--All process of any court
to which application is made under subparagraph (B) may
be served in the judicial district in which the person
required to be served resides or may be found.
``(c) Ethics Complaints.--
``(1) Filing.--An ethics complaint against a justice may be
filed with the Office of Investigative Counsel by--
``(A) the chair or ranking minority member of the
Committee on the Judiciary of the House of
Representatives or of the Senate;
``(B) the Majority Leader or Minority Leader of the
Senate; or
``(C) the Speaker or the Minority Leader of the
House of Representatives.
``(2) Review.--Not later than 60 days after an ethics
complaint is filed under paragraph (1), the Office of
Investigative Counsel shall review the complaint and determine
whether a full investigation is appropriate. In making a
determination under this paragraph, the Office shall consider
whether the alleged behavior of a justice violates the Code of
Conduct of the Supreme Court, the Judicial Code of Conduct, or
any applicable law or regulation. Upon making a determination
under this paragraph, the chief counsel shall respond to each
ethics complaint filed under paragraph (1), regardless of
whether the Office of Investigative Counsel determines that an
investigation is appropriate.
``(3) Investigation.--If the Office determines that a full
investigation is appropriate, it shall open the investigation
not later than 15 days after making such determination.
``(4) Reporting.--
``(A) In general.--The Office of Investigative
Counsel shall submit to the Chief Justice a report
containing its findings and recommendations about an
ethics complaint filed under paragraph (2) (including
in the case of a complaint with respect to which the
Office determines that no violation has occurred),
except that in the case of an ethics complaint with
respect to which the Chief Justice is the subject, the
Office shall deliver such report to the most senior
associate justice.
``(B) Contents.--A report under subparagraph (A)
shall include--
``(i) each violation of the Code of Conduct
for the Supreme Court committed by the justice
who was the subject of the investigation under
paragraph (3), including any such violation
that arose as a result of the actions of a
spouse or dependent of the justice; and
``(ii) substantive and actionable
recommendations from the Office of
Investigative Counsel including recusal,
divestment and neutralization conflicts of
interest, and other remedies.
``(C) Publication.--
``(i) Chief justice.--The Chief Justice
may, in his sole discretion, release to the
public a report received under subparagraph
(A), but may not alter such a report in any
way, except to redact any classified or
personally identifiable information. In the
case of an ethics complaint with respect to
which the Chief Justice is the subject, the
most senior associate justice is authorized to
carry out this clause.
``(ii) Availability to congress.--Not later
than 10 days after completing a report under
subparagraph (A), the Office of Investigative
Counsel shall make the report available to--
``(I) the Committees on the
Judiciary of the House of
Representatives and of the Senate;
``(II) the Committee on Oversight
and Government Reform of the House of
Representatives; and
``(III) the Committee on Homeland
Security and Governmental Affairs of
the Senate.
``(iii) Duty to inform the attorney
general.--In carrying out the duties of the
Office, the Investigative Counsel shall report
expeditiously to the Attorney General whenever
the Investigative Counsel has reasonable
grounds to believe there has been a violation
of Federal criminal law.''.
(b) Clerical Amendment.--The table of contents of chapter 45 of
title 28, United States Code, is amended by inserting after the item
relating to section 678, as added by section 2, the following:
``679. Office of Investigative Counsel.''.
SEC. 504. SEVERABILITY.
If any provision of this title, or any application of such
provision to any person or circumstance, is held to be
unconstitutional, the remainder of this title and the application of
this title to any other person or circumstance shall not be affected.
TITLE VI--PREVENTING ABUSES OF PRESIDENTIAL POWER
SEC. 600. SHORT TITLE.
This title may be cited as the ``Division A of the Protecting Our
Democracy Act''.
Subtitle A--Abuse of the Pardon Power Prevention
SEC. 601. SHORT TITLE.
This subtitle may be cited as the ``Abuse of the Pardon Power
Prevention Act''.
SEC. 602. CONGRESSIONAL OVERSIGHT RELATING TO CERTAIN PARDONS.
(a) Submission of Information.--Not later than 30 days after the
date on which the President grants an individual a pardon for a covered
offense, the Attorney General shall submit to the chair and ranking
member of each appropriate congressional committee--
(1) all materials obtained or produced by the prosecution
team, including the Attorney General and any United States
Attorney, and all materials obtained or prepared by any
investigative agency of the Federal Government, relating to the
offense for which the individual was pardoned; and
(2) all materials obtained or produced by the Department of
Justice in relation to the pardon.
(b) Treatment of Information.--Rule 6(e) of the Federal Rules of
Criminal Procedure may not be construed to prohibit the disclosure of
information required by subsection (a) of this section.
(c) Definitions.--In this section:
(1) Appropriate congressional committee.--The term
``appropriate congressional committee'' means--
(A) the Committee on the Judiciary of the Senate
and the Committee on the Judiciary of the House of
Representatives; and
(B) if an investigation relates to intelligence or
counterintelligence matters, the Select Committee on
Intelligence of the Senate and the Permanent Select
Committee on Intelligence of the House of
Representatives.
(2) Covered offense.--The term ``covered offense'' means--
(A) an offense against the United States that
arises from an investigation in which a target or
subject is--
(i) the President;
(ii) a relative of the President;
(iii) a former President;
(iv) any individual who is serving or
previously served as a political appointee (as
defined in section 1216(f)(6) of title 5,
United States Code, as added by title XXVI of
this Act) under the President;
(v) any individual who was an employee of
an authorized committee (as defined in section
301(6) of the Federal Election Campaign Act of
1971 (52 U.S.C. 30101(6))) of the President for
any election to the office of President; or
(vi) in the case of an offense motivated by
a direct and significant personal or pecuniary
interest of any individual described in clause
(i), (ii), (iii), (iv), or (v), any person or
entity;
(B) an offense under section 102 of the Revised
Statutes of the United States (2 U.S.C. 192); or
(C) an offense under section 1001, 1505, 1512, or
1621 of title 18, United States Code, if the offense
occurred in relation to a congressional proceeding or
investigation.
(3) Pardon.--The term ``pardon'' includes a commutation of
a sentence.
(4) Relative.--The term ``relative'', with respect to the
President, means--
(A) a family member (as defined in section
1635.3(a) of title 29, Code of Federal Regulations, or
any successor regulation) of the President who is a
first-degree relative, second-degree relative, or
third-degree relative (as those terms are defined in
such section 1635.3(a) or any successor regulation) of
the President; or
(B) a spouse of a family member described in
subparagraph (A).
SEC. 603. BRIBERY IN CONNECTION WITH PARDONS AND COMMUTATIONS.
Section 201 of title 18, United States Code, is amended--
(1) in subsection (a)--
(A) in paragraph (1), by inserting ``, including
the President and the Vice President of the United
States,'' after ``or an officer or employee or
person''; and
(B) in paragraph (2)--
(i) by striking ``means any person'' and
inserting the following: ``means--
``(A) any person'';
(ii) by striking ``and'' at the end; and
(iii) by adding at the end the following:
``(B) any person who is an apparent successful
candidate for the office of President, as determined
under section 3(c) of the Presidential Transition Act
of 1963 (3 U.S.C. 102 note; Public Law 88-277) and has
not yet assumed the office of President; and
``(C) any person who is an apparent successful
candidate for the office of Vice President, as
determined under section 3(c) of the Presidential
Transition Act of 1963 (3 U.S.C. 102 note; Public Law
88-277) and has not yet assumed the office of Vice
President; and''; and
(2) in subsection (b)(3), by inserting ``(including, for
purposes of this paragraph, any pardon, commutation, or
reprieve, or an offer of any such pardon, commutation, or
reprieve)'' after ``corruptly gives, offers, or promises
anything of value''.
SEC. 604. PROHIBITION ON PRESIDENTIAL SELF-PARDON.
The President's grant of a pardon to himself or herself is void and
of no effect, and shall not deprive the courts of jurisdiction, or
operate to confer on the President any legal immunity from
investigation or prosecution.
Subtitle B--Ensuring No President Is Above the Law
SEC. 611. SHORT TITLE.
This subtitle may be cited as the ``No President is Above the Law
Act''.
SEC. 612. TOLLING OF STATUTE OF LIMITATIONS.
(a) Offenses Committed by the President or Vice President During or
Prior to Tenure in Office.--Section 3282 of title 18, United States
Code, is amended by adding at the end the following:
``(c) Offenses Committed by the President or Vice President During
or Prior to Tenure in Office.--In the case of any person serving in the
office of President or Vice President, the duration of that person's
tenure in such office shall not be considered for purposes of any
period of limitations applicable to any Federal criminal offense
committed by that person (including any offense committed during any
period of time preceding such tenure in office).''.
(b) Applicability.--The amendment made by subsection (a) shall
apply to any offense committed before the date of enactment of this
section, if the period of limitations applicable to that offense had
not run as of such date.
(c) Rule of Construction.--Nothing in this section shall be
construed to preclude the indictment or prosecution of a person serving
in the office of President or Vice President, during that person's
tenure in such office, for a violation of the criminal laws of the
United States.
SEC. 613. CONTRACTS BY THE PRESIDENT, THE VICE PRESIDENT, OR A CABINET
MEMBER.
(a) Amendment.--Section 431 of title 18, United States Code, is
amended--
(1) in the section heading, by inserting ``the President,
the Vice President, a Cabinet Member, or a'' after ``Contracts
by''; and
(2) in the first undesignated paragraph, by inserting ``the
President, the Vice President, in a position at level I of the
Executive Schedule under section 5312 of title 5,'' 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, the Vice President, a Cabinet
Member, or a Member of Congress.''.
SEC. 614. FORFEITURE OF BENEFITS FOR FORMER PRESIDENTS CONVICTED OF A
FELONY.
The first section of the Act entitled ``An Act to provide
retirement, clerical assistants, and free mailing privileges to former
Presidents of the United States, and for other purposes'', approved
August 25, 1958 (commonly known as the ``Former Presidents Act of
1958''; 3 U.S.C. 102 note), is amended--
(1) in subsection (a), by striking ``Each former
President'' and inserting ``Subject to subsection (h), each
former President'';
(2) in subsection (f), by striking paragraph (2) and
inserting:
``(2) who has not been impeached by the House of
Representatives and convicted by the Senate pursuant to the
impeachment; and''; and
(3) by adding at the end the following new subsection:
``(h)(1) If a former President is finally convicted of a felony for
which every act or omission that is needed to satisfy the elements of
the felony is committed during or after the period such former
President holds the office of President, or was finally convicted of
such a felony while holding such office--
``(A) no monetary allowance under subsection (a) may be
provided to such former President;
``(B) no funds may be obligated or expended under
subsection (g) with respect to such former President except to
the extent necessary to maintain the security of such former
President, as determined by the Director of the Secret Service;
and
``(C) such former President shall repay any amounts
received under subsection (a) during the period beginning on
the date on which such former President is initially convicted
of the felony and ending on the date such former President is
finally convicted of the felony.
``(2) The term `finally convicted' means a conviction--
``(A) which has not been appealed and is no longer
appealable because the time for taking an appeal has expired;
or
``(B) which has been appealed and the appeals process for
which is completed.''.
Subtitle C--Enforcement of the Emoluments Clauses of the Constitution
SEC. 621. SHORT TITLE.
This subtitle may be cited as the ``Foreign and Domestic Emoluments
Enforcement Act''.
SEC. 622. DEFINITIONS.
In this subtitle:
(1) Emolument.--The term ``emolument'' means any profit,
gain, or advantage, including any payment that is received
directly or indirectly from any government of a foreign
country, the Federal Government, or any State or local
government, or from any instrumentality thereof.
(2) Government of a foreign country.--The term ``government
of a foreign country'' has the meaning given the term in
section 1(e) of the Foreign Agents Registration Act of 1938, as
amended (22 U.S.C. 611(e)).
(3) Payment.--The term ``payment''--
(A) means the direct or indirect provision of
anything of value, including any tangible item; and
(B) includes any direct or indirect payment in any
form arising from a commercial transaction of any kind,
including any payment involving a Presidentially-owned
entity, whether or not at fair market value.
(4) Person holding any office of profit or trust under the
united states.--The term ``person holding any office of profit
or trust under the United States'' includes--
(A) the President; and
(B) the Vice President.
(5) Presidentially-owned entity.--The term
``Presidentially-owned entity'' means a corporation,
association, partnership, limited liability company, limited
liability partnership, other legal entity, or sole
proprietorship in which the President has an ownership stake,
except that such term does not include an entity in which more
than 100 people have an ownership stake and the President holds
no more than five percent in a beneficial ownership stake and
that--
(A) issues securities registered with the
Securities and Exchange Commission pursuant to section
12 of the Securities Exchange Act of 1934 (15 U.S.C.
78l);
(B) is an investment company registered pursuant to
section 8 of the Investment Company Act of 1940 (15
U.S.C. 80a-8) that does not have a stated policy of
concentrating the investments of the investment company
in any industry, business, single country other than
the United States, or bonds of a single State within
the United States; or
(C) is a unit investment trust, as defined in
section 4 of the Investment Company Act of 1940 (15
U.S.C. 80a-4) that--
(i) is a regulated investment company, as
defined in section 851 of the Internal Revenue
Code of 1986; and
(ii) does not have a stated policy of
concentrating the investments of the investment
company in any industry, business, single
country other than the United States, or bonds
of a single State within the United States.
(6) State.--The term ``State'' means each of the several
States of the United States, the District of Columbia, or any
territory or possession of the United States.
(7) Covered official.--The term ``covered official''
means--
(A) any individual (other than an individual
nominated for appointment to a position as a Foreign
Service Officer or a grade or rank in the uniformed
services for which the pay grade prescribed by section
201 of title 37 is O-6 or below)--
(i) nominated by the President for a
position the appointment to which requires the
advice and consent of the Senate; or
(ii) whom the President-elect has publicly
announced an intent to nominate to such a
position; and
(B) any individual occupying--
(i) a position described under sections
5312 through 5316 of title 5, United States
Code (relating to the Executive Schedule);
(ii) a noncareer appointment in the Senior
Executive Service, as defined under section
3132(a) of such title 5;
(iii) a position in the executive branch of
the Government of a confidential or policy-
determining character under schedule C of
subpart C of part 213 of title 5, Code of
Federal Regulations; or
(iv) a position in the Executive Office of
the President pursuant to an appointment other
than a career or career-conditional
appointment.
SEC. 623. PROHIBITION ON ACCEPTANCE OF FOREIGN EMOLUMENTS.
(a) In General.--Except as otherwise provided in section 7342 of
title 5, United States Code, it shall be unlawful for any person
holding any office of profit or trust under the United States to accept
from a government of a foreign country, without first obtaining the
consent of Congress, any present, emolument, payment, office, or title.
(b) Application.--The prohibition under paragraph (1) shall apply
without regard to whether the present, emolument, payment, office, or
title is--
(1) provided directly or indirectly by the government of a
foreign country or an instrumentality thereof; or
(2) provided to the person holding any office of profit or
trust under the United States or to any private business
interest of that person.
SEC. 624. CIVIL ACTIONS BY CONGRESS CONCERNING FOREIGN EMOLUMENTS.
(a) Cause of Action.--The Senate or the House of Representatives
may bring a civil action against any person for a violation of section
1303(a).
(b) Special Rules.--In any civil action described in subsection
(a), the following rules shall apply:
(1) The action shall be filed before the United States
District Court for the District of Columbia.
(2) The action shall be heard by a three-judge court
convened pursuant to section 2284 of title 28, United States
Code. It shall be the duty of such court to advance on the
docket and to expedite to the greatest possible extent the
disposition of any such action. Such action shall be reviewable
only by appeal directly to the Supreme Court of the United
States. Such appeal shall be taken by the filing of a notice of
appeal within 10 days, and the filing of a jurisdictional
statement within 30 days, of the entry of the final decision.
(3) It shall be the duty of the Supreme Court of the United
States to advance on the docket and to expedite to the greatest
possible extent the disposition of any such action and appeal.
(c) Remedy.--If the court determines that a violation of section
1303(a) has occurred, the court shall issue an order enjoining the
course of conduct found to constitute the violation, and such of the
following as are appropriate:
(1) The disgorgement of the value of any present or
emolument from the government of a foreign country.
(2) The surrender of the physical present or emolument to
the Department of State, which shall, if practicable, dispose
of the present or emolument and deposit the proceeds into the
United States Treasury.
(3) The renunciation of any office or title accepted in
violation of such subsection.
(4) A prohibition on the use or holding of such an office
or title.
(5) Such other relief as the court determines appropriate.
(d) Use of Government Funds Prohibited.--No appropriated funds,
funds provided from any accounts in the United States Treasury, funds
derived from the collection of fees, or any other Government funds
shall be used to pay any disgorgement imposed by the court pursuant to
this section.
SEC. 625. PROHIBITING SENIOR FEDERAL OFFICIALS FROM ACCEPTING FOREIGN
PAYMENTS.
(a) In General.--Subchapter IV of chapter 73 of title 5, United
States Code, is amended by adding after section 7342 the following:
``Sec. 7343. Prohibiting senior Federal officials from accepting
foreign payments
``(a) Prohibition.--
``(1) In general.--It shall be unlawful for any senior
Federal official to receive, accept, or retain a foreign
payment, including through a business entity controlled by a
senior Federal official, without first obtaining the consent of
Congress pursuant to this section and section 7344.
``(2) Two-year post employment.--During the 2-year period
beginning on the date that an individual leaves the position of
a senior Federal official, it shall be unlawful for such
individual to receive, accept, or retain a foreign payment,
including through a business entity controlled by a senior
Federal official, without first obtaining the consent of
Congress pursuant to this section and section 7344. Such
individual shall make the requisite disclosures required under
subsection (b) of this section.
``(3) Candidate reports.--An individual other than an
incumbent President or Vice President who becomes a candidate
(as defined in section 301 of the Federal Election Campaign Act
of 1971 (52 U.S.C. 30101)) for the office of President or Vice
President shall submit a report to Congress at the end of each
30-day period such individual is such a candidate listing any
foreign payments such individual received during such period.
``(b) Disclosure.--
``(1) Notice.--Any senior Federal official that wishes to
receive, accept, or retain a foreign payment shall submit (in
writing) notice to the Director prior to receiving, accepting,
or retaining any foreign payment. Such request shall include,
at a minimum--
``(A) the name of, and position occupied by, the
senior Federal official;
``(B) details regarding the foreign payment the
senior Federal official wishes to receive, accept, and
retain, including the foreign government that would
provide the foreign payment, the type of payment and
the financial instrument to be used to provide the
payment, the value of the foreign payment, and whether
the foreign payment would be provided through a
business entity, and, if so, the business entity and
the specific transaction through which it would be
provided; and
``(C) a statement confirming that the senior
Federal official has not requested or otherwise
encouraged the tender of the foreign payment.
``(2) Notification to congress.--Not later than 10 days
after receiving notice under paragraph (1), the Director shall
submit such notice to Congress.
``(3) Members of congress.--For purposes of carrying out
this subsection with respect to Members of Congress--
``(A) with respect to any such Member who is a
Senator, the term `the Select Committee on Ethics of
the Senate' shall be substituted for `Director'; and
``(B) with respect to any such Member who is a
Member of the House of Representatives, the term
`Committee on Ethics of the House of Representatives'
shall be substituted for `Director'.
``(c) Definitions.--For purposes of this section and sections 7344
and 7345--
``(1) the term `business entity'--
``(A) means a for-profit corporation, association,
partnership, limited liability company, limited
liability partnership, other legal entity, or sole
proprietorship in which a senior Federal official has
an ownership stake; and
``(B) does not include an entity in which more than
100 people have an ownership stake and the senior
Federal official holds no more than 5 percent in a
beneficial ownership stake and that--
``(i) issues securities registered with the
Securities and Exchange Commission pursuant to
section 12 of the Securities Exchange Act of
1934 (15 U.S.C. 78l);
``(ii) is an investment company registered
pursuant to section 8 of the Investment Company
Act of 1940 (15 U.S.C. 80a-8) that does not
have a stated policy of concentrating the
investments of the investment company in any
industry, business, single country other than
the United States, or bonds of a single State
within the United States; or
``(iii) is a unit investment trust, as
defined in section 4 of the Investment Company
Act of 1940 (15 U.S.C. 80a-4) that--
``(I) is a regulated investment
company, as defined in section 851 of
the Internal Revenue Code of 1986; and
``(II) does not have a stated
policy of concentrating the investments
of the investment company in any
industry, business, single country
other than the United States, or bonds
of a single State within the United
States;
``(2) the term `Director' means the Director of the Office
of Government Ethics;
``(3) the term `foreign payment'--
``(A) means any direct or indirect payment in any
form, including any tangible item, arising from
commercial transactions of any kind, including any
payment involving a business entity, whether or not at
fair market value from--
``(i) any foreign government (as that term
is defined in section 7342(a));
``(ii) any corporate enterprise engaged in
commercial endeavors owned 50 percent or more
or controlled by a foreign government; or
``(iii) any member of the family of a
sovereign in a monarchical government; and
``(B) does not include any gift or decoration
covered under section 7342; and
``(4) the term `senior Federal official' means--
``(A) the President and the Vice President;
``(B) a Member of Congress (as that term is defined
in section 2106);
``(C) the head of any Executive department;
``(D) any individual employed on the staff of the
President in a position with the title of Assistant to
the President, Deputy Assistant to the President,
Special Assistant to the President, Advisor to the
President, or Counselor to the President; and
``(E) any other senior United States Government
employee designated by the Director.
``Sec. 7344. Congressional review of request to receive, accept, and
retain foreign payment
``(a) In General.--A senior Federal official may not receive,
accept, or retain a foreign payment unless Congress has, prior to such
receipt, acceptance, or retention, consented through enactment of a
concurrent resolution of approval as provided under this section.
``(b) Review.--
``(1) In general.--In this section, the term `concurrent
resolution' means only a concurrent resolution--
``(A) introduced during the period beginning on the
date Congress receives notice from the Director under
section 7343(b)(2) and ending on the date that is 90
days thereafter; and
``(B) consisting only of the following text in the
matter following the resolving clause: `That Congress
hereby consents to the acceptance by ______ of the
foreign payment described as follows: _____.', with the
first blank space filled in with the name of the senior
Federal official and the second blank space filled in
with a detailed description of the foreign payment.
``(2) Committee consideration.--A concurrent resolution
under this section shall be referred to the appropriate
committee of the House of Representatives and the Senate. One
such concurrent resolution shall be reported out by such
committee together with its recommendations within fifteen
legislative days after the day on which such resolution is
referred to such committee, unless such House shall otherwise
determine by the yeas and nays.
``(3) Consideration.--Any concurrent resolution so reported
shall become the pending business of the House in question (in
the case of the Senate the time for debate shall be equally
divided between the proponents and the opponents) and shall be
voted on within three legislative days after the day on which
such resolution is reported, unless such House shall otherwise
determine by yeas and nays.
``(4) Coordination.--Such a concurrent resolution passed by
one House shall be referred to the appropriate committee of the
other House and shall be reported out by such committee
together with its recommendations within fifteen legislative
days after the day on which such resolution is referred to such
committee and shall thereupon become the pending business of
such House and shall be voted upon within three legislative
days after the day on which such resolution is reported, unless
such House shall otherwise determine by yeas and nays.
``(5) Conference.--In the case of any disagreement between
the two Houses of Congress with respect to a joint resolution
passed by both Houses, conferees shall be promptly appointed
and the committee of conference shall make and file a report
with respect to such joint resolution within six legislative
days after the day on which managers on the part of the Senate
and the House have been appointed. Notwithstanding any rule in
either House concerning the printing of conference reports or
concerning any delay in the consideration of such reports, such
report shall be acted on by both Houses not later than six
legislative days after the conference report is filed in the
House in which such report is filed first. In the event the
conferees are unable to agree within forty-eight hours, they
shall report back to their respective Houses in disagreement.
``(c) Exercise of Rulemaking Powers.--This section is enacted by
the Congress--
``(1) as an exercise of the rulemaking power of the House
of Representatives and the Senate, respectively, and as such
they shall be considered as part of the rules of each House,
respectively, or of that House to which they specifically
apply, and such rules shall supersede other rules only to the
extent that they are inconsistent therewith; and
``(2) with full recognition of the constitutional right of
either House to change such rules (so far as relating to such
House) at any time, in the same manner, and to the same extent
as in the case of any other rule of such House.
``Sec. 7345. Penalties
``(a) Civil Action by the Attorney General.--The Attorney General
may bring a civil action against a senior Federal official in an
appropriate United States district court for a violation of section
7343 or 7344 for--
``(1) a civil monetary penalty in an amount not to exceed
$5,000 more than the retail value of the foreign payment; and
``(2) such injunctive relief as may be appropriate.
``(b) Criminal Penalty.--Whoever, being a senior Federal official,
knowingly violates section 7343 or 7344 shall be imprisoned for not
more than one year, fined in the amount of $50,000 or the total value
of the foreign payments accepted, whichever is greater, or both.
``(c) Forfeiture.--Any payment received, accepted, or retained in
violation of section 7343 or 7344 shall be seized and forfeited to the
United States in accordance with chapter 46 of title 18.
``(d) Actions by Private Persons.--A person may bring a civil
action for a violation of section 7343 or 7344 for the person and for
the United States Government in the same manner as an action under
section 3730(b) of title 31, except that--
``(1) any extension of time under section 3730(b)(3) of
title 31 shall not exceed 120 days;
``(2) section 3730(e)(2) of title 31 shall not apply; and
``(3) section 3730(e)(4) of title 31 shall not apply with
regard to a civil action brought against the President, the
Vice President, or the Attorney General.
``(e) Safe Harbor.--The penalties under this section shall not
apply with respect to a foreign payment made to a senior Federal
official if the official--
``(1) did not solicit the payment; and
``(2) not later than 72 hours after becoming aware of the
receipt of such a payment, and in no case later than 90 days
after its receipt--
``(A) notifies the Director (or, in the case of a
Member of Congress, the Select Committee on Ethics of
the Senate or the Committee on Ethics of the House of
Representatives, as the case may be) of the payment;
and
``(B) returns the payment in full to the entity
that made the payment or remits such payment to the
Treasury.''.
(b) Designation by OGE.--Not later than 90 days after the date of
the enactment of this Act, the Director of the Office of Government
Ethics shall publish, on the Office's public website, an initial list
of any individual designated by the Director under section
7343(c)(4)(E) of title 5, United States Code (as added by subsection
(a) of this Act). The Director shall update such list as appropriate.
(c) Clerical.--The table of sections for subchapter IV of chapter
73 of title 5, United States Code, is amended by adding after the item
relating to section 7342 the following:
``7343. Prohibiting senior Federal officials from accepting foreign
payments.
``7344. Congressional review of foreign payments.
``7345. Penalties.''.
SEC. 626. DISCLOSURES CONCERNING FOREIGN AND DOMESTIC EMOLUMENTS.
(a) Disclosures.--Section 13104(a) of title 5, United States Code,
is amended by adding at the end the following:
``(9) Foreign emoluments.--Any present, emolument, office,
or title received from a government of a foreign country (as
defined in section 1(e) of the Foreign Agents Registration Act
of 1938, as amended (22 U.S.C. 611(e))), including the source,
date, type, and amount or value of each present or emolument
accepted on or before the date of filing during the preceding
calendar year.
``(10) Business interests receiving foreign emoluments.--
Each business interest that is reasonably expected to result in
the receipt of any present or emolument from a government of a
foreign country (as defined in section 1(e) of the Foreign
Agents Registration Act of 1938, as amended (22 U.S.C. 611(e)))
during the current calendar year.
``(11) Emoluments from the united states.--In the case of
the President, any emolument received from the United States,
or a State, other than the compensation for services of the
President as President provided for by Federal law, including
the source, date, type, and amount or value of each emolument
accepted on or before the date of filing during the preceding
calendar year.
``(12) Business interests receiving emoluments from the
united states.--Each business interest that is reasonably
expected to result in the receipt of any emolument from the
United States or a State during the current calendar year.''.
(b) Reporting Requirements Relating to Spouses and Dependent
Children.--Section 13104(e)(1) of title 5, United States Code, is
amended--
(1) in the matter preceding subparagraph (A), by inserting
``and paragraphs (9) through (15)'' after ``(5)''; and
(2) by inserting after subparagraph (F) the following:
``(G) Foreign emoluments.--In the case of items
described in paragraphs (9) and (10) of subsection (a),
all information required to be reported under those
paragraphs.
``(H) Emoluments from united states.--In the case
of--
``(i) items described in paragraph (11)(A)
of subsection (a), any such items received by
spouse or dependent child of the President
other than items related to the services of the
President as President provided for by Federal
law; and
``(ii) items described in paragraph (11)(B)
of subsection (a), all information required to
be reported under that paragraph.''.
(c) Rule of Construction.--Nothing in the amendments made by this
section shall be construed to affect the prohibition against the
acceptance of presents and emoluments under section 1303.
SEC. 627. ENFORCEMENT AUTHORITY FOR OFFICE OF GOVERNMENT ETHICS AND
FINANCIAL DISCLOSURES.
(a) Enforcement.--
(1) In general.--Section 13122(a) of title 5, United States
Code, is amended--
(A) by striking ``The Director'' and inserting
``(1) In general.--The Director''; and
(B) by adding at the end the following:
``(2) Foreign payments.--
``(A) In general.--The Director shall provide
overall direction of executive branch policies related
to compliance with sections 7343 through 7345, and
shall have authority to--
``(i) order individuals to take corrective
action; and
``(ii) pursuant to section 7345, require
disgorgement and divestiture of any foreign
payment received, accepted, or retained by a
senior Federal official without the consent of
Congress to ensure compliance by a senior
Federal official with paragraphs (16) and (17)
of subsection (b) and (17), and with paragraphs
(9) through (15) of section 13104(a).
``(B) Definitions.--In this paragraph and for
purposes of subsection (b)(16), the terms `foreign
payment' and `senior Federal official' have the meaning
given those terms in section 7343(c).
``(3) Overall direction.--The Director shall--
``(A) provide overall direction of executive branch
policies related to compliance with section 1303 and
1304 of the Foreign and Domestic Emoluments Enforcement
Act and with paragraphs (9) through (15) of section
13104(a); and
``(B) shall have the authority, with respect to
section 1303 and 1304 of the Foreign and Domestic
Emoluments Enforcement Act and with paragraphs (9)
through (15) of section 13104(a), to--
``(i) issue administrative fines to
individuals for violations;
``(ii) order individuals to take corrective
action, including disgorgement, divestiture,
and recusal, as the Director deems necessary;
and
``(iii) bring civil actions to enforce such
fines and orders.''.
(2) Specific authority.--Section 13122(b) of title 5,
United States Code, is amended--
(A) in paragraph (14), by striking ``and'' at the
end;
(B) in paragraph (15), by striking the period at
the end and inserting a semicolon; and
(C) by adding after paragraph (15) the following:
``(16) developing and promulgating rules and regulations to
ensure compliance with the requirements of sections 7343
through 7345, including establishing--
``(A) a process for making required reports and
notifications to Congress;
``(B) a process for ensuring the surrender or
requiring the disgorgement and divestiture of a foreign
payment when Congress does not consent to retention of
the foreign payment;
``(C) a process for notifying Congress of non-
compliance with the requirements of section 7343 and
7344 or with any disapproval of retention of any
foreign payment by a senior Federal official; and
``(D) such other matters as are necessary to ensure
compliance with the requirements of section 7343 and
7344; and
``(17) developing and promulgating rules and regulations to
ensure compliance with section 1303 and 1304 of the Foreign and
Domestic Emoluments Enforcement Act and with paragraphs (9)
through (15) of section 13104(a), including establishing--
``(A) requirements for reporting and disclosure;
``(B) a schedule of administrative fines that may
be imposed by the Director for violations; and
``(C) a process for referral of matters to the
Office of Special Counsel for investigation in
compliance with section 1216(d).''.
(b) Disclosures.--Section 13104(a) of title 5, United States Code,
as amended by this Act, is further amended by adding at the end the
following:
``(13) Foreign payments.--Any foreign payment received by a
senior Federal official on or before the date of filing during
the preceding calendar year, including the source, date, type,
amount or value, date of surrender, or the date of adoption by
Congress of a concurrent resolution approving the retention of
the foreign payment under section 7344. In this paragraph, the
terms `foreign payment' and `senior Federal official' have the
meaning given those terms in section 7343(c).
``(14) Payments to business interest.--Each business
interest of a senior Federal official that is reasonably
expected to result in the receipt of any foreign payment during
the current calendar year. In this paragraph, the terms
`foreign payment' and `senior Federal official' have the
meaning given those terms in section 7343(c).''.
SEC. 628. JURISDICTION OF THE OFFICE OF SPECIAL COUNSEL.
Section 1216 of title 5, United States Code, is amended--
(1) in subsection (a)--
(A) in paragraph (4), by striking ``and'' at the
end;
(B) in paragraph (5) by striking the period and
inserting ``; and''; and
(C) by adding at the end the following:
``(6) any violation of--
``(A) section 1303 of the Foreign and Domestic
Emoluments Enforcement Act;
``(B) paragraphs (9) through (15) of section
13104(a); or
``(C) subparagraph (G) and (H) of section
13104(e)(1).''; and
(2) by adding at the end the following:
``(d) If the Director of the Office of Government Ethics refers a
matter for investigation pursuant to section 13122, or if the Special
Counsel receives a credible complaint of a violation described in
subsection (a)(6) of this section, the Special Counsel shall complete
an investigation not later than 120 days thereafter. If the Special
Counsel investigates any violation pursuant to subsection (a)(6), the
Special Counsel shall, not later than 7 days after the completion of
such investigation, report to the Director of the Office of Government
Ethics and to Congress on the results of such investigation.''.
SEC. 629. RULEMAKING FOR ETHICS REQUIREMENTS FOR LEGAL EXPENSE FUNDS.
(a) In General.--Not later than 1 year after the date of enactment
of this Act, the Director of the Office of Government Ethics shall
finalize a rule establishing ethics requirements for the establishment
or operation of a legal expense fund for the benefit of the President,
the Vice President, or any political appointee (as defined in section
1216(f)(6) of title 5, United States Code, as added by section 2621(a)
of this Act), consistent with the requirements of subsection (b).
(b) Limitations on Acceptance of Certain Payments.--
(1) In general.--A legal expense fund described in
subsection (a) may not accept any contribution or other payment
made by--
(A) an individual who is a registered lobbyist
under the Lobbying Disclosure Act of 1995 (2 U.S.C.
1601 et seq.); or
(B) an agent of a foreign principal, as defined in
section 1 of the Foreign Agents Registration Act of
1938, as amended (22 U.S.C. 611).
(2) Appropriate remedial action.--In the case of a
contribution described in paragraph (1)--
(A) the legal expense fund shall take appropriate
remedial action; and
(B) the Director of the Office of Government Ethics
may assess a fine against the individual or agent of a
foreign principal, as defined in section 1 of the
Foreign Agents Registration Act of 1938, as amended (22
U.S.C. 611), who made, or attempted to make, the
contribution or other payment.
SEC. 630. LIMITATIONS AND DISCLOSURE OF CERTAIN DONATIONS TO, AND
DISBURSEMENTS BY, INAUGURAL COMMITTEES.
(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 for--
``(A) an Inaugural Committee--
``(i) to solicit, accept, or receive a
donation from a person that is not an
individual; or
``(ii) to solicit, accept, or receive a
donation from a foreign national;
``(B) 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); or
``(C) 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.
``(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--
``(A) to fulfill a commitment, obligation, or
expense of a person that would exist irrespective of
the responsibilities of the Inaugural Committee; or
``(B) to benefit the personal business venture of
the President or Vice President of the United States,
the Inaugural Committee, or an immediate family member
of such individuals.
``(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 $50,000.
``(2) Indexing.--At the beginning of each Presidential
election year (beginning with 2028), 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) Donation.--
``(A) In general.--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) Exception.--The term `donation' does not
include the value of services provided without
compensation by any individual who volunteers on behalf
of the committee.
``(2) Foreign national.--The term `foreign national' has
the meaning given that term by section 319(b).
``(3) Immediate family member.--The term `immediate family
member' means a parent, parent-in-law, spouse, adult child, or
sibling.
``(4) Inaugural committee.--The term `Inaugural Committee'
has the meaning given that term by section 501 of title 36,
United States Code.
``(e) Rule of Construction.--Nothing in this section may be
construed to limit the authority of a Federal agency to enforce a
Federal law with respect to an Inaugural Committee.''.
(b) Confirming Amendments Related to Reporting Requirements.--
(1) Section 304 of the Federal Election Campaign Act of
1971 (52 U.S.C. 30104) is amended--
(A) by striking subsection (h); and
(B) by redesignating subsection (i) as subsection
(h).
(2) Section 309(a)(4)(C)(iv)(I) is amended by striking ``or
(i)'' and inserting ``or (h)''.
(3) Section 313(c)(4) is amended by striking ``section
304(i)(8)(B)'' and inserting ``section 304(h)(8)(B)''.
(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 section shall
apply with respect to Inaugural Committees established under chapter 5
of title 36, United States Code, for inaugurations held in 2029 and any
succeeding year.
SEC. 631. PROHIBITION ON PAYMENTS TO THE PRESIDENT OF FEDERAL OR STATE
GOVERNMENT FUNDS.
Section 102 of title 3, United States Code, is amended--
(1) by striking ``The President'' and inserting ``(a) In
General.--The President''; and
(2) by adding at the end the following:
``(b) Limitations.--
``(1) In general.--Except for the amounts provided by
subsection (a), and except as provided in paragraph (2) of this
subsection and section 1314 of the Foreign and Domestic
Emoluments Enforcement Act--
``(A) the President may not accept any payment,
including any payment to any Presidentially-owned
entity, from any Federal or State funds; and
``(B) no individual may cause an agency,
department, or other instrumentality of the Federal
Government to make such a payment.
``(2) Application.--Except for payments made to the
President or a Presidentially-owned entity, nothing in this
subsection shall be construed to limit the total amount of
funds a Government entity may obligate or expend to assist in
defraying expenses relating to or resulting from the discharge
of the President's official duties, including expenses for the
security necessary for the President to discharge such duties,
consistent with applicable levels of appropriations made
available for such expenses and the requirements of the Foreign
and Domestic Emoluments Enforcement Act.
``(3) Unofficial act.--The acceptance by the President of a
payment prohibited by this subsection is not an official act.
``(4) Disgorgement.--
``(A) Notice.--
``(i) Federal agencies.--Not later than 30
days after the date on which a Federal agency,
department, or other instrumentality of the
Government makes a payment that is prohibited
under paragraph (1), the head of such Federal
agency, department, or other instrumentality
shall submit a notice of such payment to the
President, the Committee on Oversight and
Government Reform of the House of
Representatives, and the Committee on Homeland
Security and Governmental Affairs of the
Senate.
``(ii) The president.--
``(I) In general.--Not later than
the earlier of 30 days after the date
on which the President learns of the
receipt of a payment prohibited under
paragraph (1) or seven days after
receiving notice under clause (i), the
President shall submit a notice of such
payment to the Committee on Oversight
and Government Reform of the House of
Representatives and the Committee on
Homeland Security and Governmental
Affairs of the Senate.
``(II) Contents.--A notice
submitted under subclause (I) with
respect to a payment prohibited under
paragraph (1) shall include--
``(aa) the date on which
the President received such
payment and the value of such
payment;
``(bb) the source of such
payment; and
``(cc) if the President
received the payment through a
Presidentially-owned entity,
the name of each
Presidentially-owned entity
through which the President
received such payment.
``(B) Return of prohibited state and federal
payments.--Not later than 60 days after the date on
which the President learns of the receipt of a payment
prohibited under paragraph (1), the President shall--
``(i) in the case of a payment from a State
government or subdivision thereof that is
prohibited under paragraph (1), return such
payment to the State or subdivision; and
``(ii) in the case of a payment from the
Federal Government that is prohibited under
such paragraph, transfer or return such payment
to the Treasury.
``(C) Certification of return.--
``(i) In general.--Not later than 30 days
after the date on which the President makes a
return payment to the Treasury under
subparagraph (B), the President and the
Secretary of the Treasury shall each submit to
the Committee on Oversight and Government
Reform of the House of Representatives and the
Committee on Homeland Security and Governmental
Affairs of the Senate a sworn certification of
such return payment to the Treasury.
``(ii) Contents.--A certification submitted
under clause (i) for a return payment with
respect to a payment prohibited under paragraph
(1) shall include--
``(I) the date on which the
President received such prohibited
payment and the value of such
prohibited payment;
``(II) the source of such
prohibited payment;
``(III) the date on which the
President made such return payment;
``(IV) the value of such return
payment;
``(V) each source of such return
payment; and
``(VI) if the President received
such prohibited payment through a
Presidentially-owned entity, the name
of each Presidentially-owned entity
through which the President received
such prohibited payment.
``(5) Definitions.--In this subsection--
``(A) the terms `Presidentially-owned entity' and
`payment' have the meaning given those terms in section
1302 of the Foreign and Domestic Emoluments Enforcement
Act; and
``(B) the term `return payment' means a payment
constituting the transfer or return payment prohibited
under paragraph (1).''.
SEC. 632. PROHIBITION ON PAYMENTS TO THE PRESIDENT FROM INDIVIDUALS
RECEIVING GOVERNMENT POSITIONS OR GRANTS OF CLEMENCY FROM
THE PRESIDENT.
(a) Prohibition on Payments.--
(1) Payments made.--
(A) Covered officials.--A covered official may not
knowingly make or cause to be made a payment to the
President, including any payment to a Presidentially-
owned entity.
(B) Individuals granted clemency.--An individual
granted clemency (including a pardon) by the President
may not knowingly make or cause to be made a payment to
the President, including any payment to a
Presidentially-owned entity, during any period that the
President that granted such clemency to such individual
is the President.
(2) Payments received.--The President may not accept any
payment that is unlawful to make or cause to be made under
paragraph (1).
(3) De minimis payments.--Paragraphs (1) and (2) shall not
apply with respect to a payment that is less than or equal to
$50.
(4) Unofficial act.--The acceptance by the President of a
payment prohibited by this section is not an official act.
(b) Required Disclosures to Congress.--
(1) Advice and consent positions.--On the date that the
President transmits to the Senate the nomination of an
individual to a position the appointment to which requires the
advice and consent of the Senate, the President shall submit
with such transmittal a report, to the applicable committee of
the Senate that will consider the nomination, listing any
payment made by such individual to the President, including any
payment to a Presidentially-owned entity, during the period
beginning on the date on which the President became a candidate
(as such term is defined in section 301 of the Federal Election
Campaign Act of 1971 (52 U.S.C. 30101)) for the office of the
President and ending on the date of such transmittal.
(2) Other positions.--On the date any individual is
appointed to a position described in section 1302(7)(B), the
President shall submit, to the Committee on Oversight and
Government Reform of the House of Representatives and the
Committee on Homeland Security and Governmental Affairs of the
Senate, a report listing any payment made by such individual to
the President, including any payment to a Presidentially-owned
entity, during the period beginning on the date on which the
President became a candidate (as such term is defined in
section 301 of the Federal Election Campaign Act of 1971 (52
U.S.C. 30101)) for the office of the President and ending on
the date of the submission of such report.
(3) Clemency.--On the date the President issues clemency,
including a pardon, to any individual, the President shall
submit, to the Committee on the Judiciary of the House of
Representatives, the Committee on Oversight and Government
Reform of the House of Representatives, the Committee on the
Judiciary of the Senate, and(1) the Committee on Homeland
Security and Governmental Affairs of the Senate, a report
listing any payment made by such individual to the President,
including any payment to a Presidentially-owned entity, during
the period beginning on the date on which the President became
a candidate (as such term is defined in section 301 of the
Federal Election Campaign Act of 1971 (52 U.S.C. 30101)) for
the office of the President and ending on the date of the
submission of such report.
(c) Return of Funds.--
(1) In general.--Not later than 60 days after the date of
the transmittal of a report under paragraph (1), (2), or (3) of
subsection (b), any payment listed in any such report shall be
transferred or returned to the general fund of the Treasury.
(2) Report.--Not later than 30 days after the date any
payment has been deposited in the general fund of the Treasury
pursuant to paragraph (1), the President shall submit a report,
to the Committee on Oversight and Government Reform of the
House of Representatives and the Committee on Homeland Security
and Governmental Affairs of the Senate, listing the name of the
individual who made such payment or caused such payment to be
made.
(d) Financial Disclosures.--Section 13104 of title 5, United States
Code, is amended--
(1) in subsection (a), by adding at the end the following
new paragraph:
``(15) Payments to president.--
``(A) In general.--Any payment, including any
payments to a Presidentially-owned entity, received by
the President during a calendar year from any covered
official, or from any individual granted clemency
(including a pardon) by the President, including the
source, date, type, amount or value of the payment,
and, if accepted through a Presidentially-owned entity,
the name of the business through which it was accepted.
``(B) Application.--The disclosure required under
this paragraph shall only apply to reports filed
pursuant to section 13103(d) and (e) by the President.
``(C) Definitions.--In this paragraph, terms
`Presidentially-owned entity', `covered official', and
`payment' have the meaning given those terms in section
1302 of the Foreign and Domestic Emoluments Enforcement
Act.''; and
(2) in subsection (b)--
(A) by redesignating paragraph (2) as paragraph
(3); and
(B) by inserting after paragraph (1) the following:
``(2) New appointee payments to the president.--
``(A) New appointees.--With respect to any report
filed under paragraph (1) pursuant to subsections (a)
or (b) of section 13103 by an individual nominated or
appointed (as the case may be) by the President to be a
covered official, such report shall include--
``(i) any payment made by the individual to
the President, including a payment to a
Presidentially-owned entity, during the period
beginning on the date on which the President
became a candidate (as such term is defined in
section 301 of the Federal Election Campaign
Act of 1971 (52 U.S.C. 30101)) for the office
of the President before being elected as
President and ending on the date on which such
individual files such report;
``(ii) the date of nomination or
appointment;
``(iii) the date, type, and amount or value
of the payment; and
``(iv) for any payment made to a
Presidentially-owned entity, the name of the
entity to which the payment was made.
``(B) Definitions.--In this paragraph, terms
`covered official', `Presidentially-owned entity', and
`payment' have the meaning given those terms in section
1302 of the Foreign and Domestic Emoluments Enforcement
Act.''.
SEC. 633. PENALTIES.
(a) Attorney General.--The Attorney General may bring a civil
action against any person in an appropriate United States district
court for receiving, accepting, making, or causing to be made a payment
in violation of section 1313(a) or section 102(b) of title 3, United
States Code, as added by section 1312 of this Act, for--
(1) a civil monetary penalty in an amount not to exceed
$5,000 more than the value of such payment; and
(2) such injunctive relief as may be appropriate.
(b) Private Action.--A person may bring a civil action for a
violation of subsections (a) and (c) of section 1313 or section 102(b)
of title 3, United States Code, as added by section 1312 of this Act,
for the person and for the United States Government in the same manner
as an action under subsection (b) of section 3730 of title 31, United
States Code, except that--
(1) any extension of time under paragraph (3) of such
subsection shall not exceed 120 days; and
(2) subsection (e) of such section, other than paragraph
(3) of such subsection, shall not apply.
(c) Statute of Limitation Tolled.--Any statute of limitations
applicable to an action for a payment in violation of section 1313(a)
or section 102(b) of title 3, United States Code, as added by section
1312 of this Act, shall be tolled for each period of time during
which--
(1) in the case of a payment to an individual holding the
office of President, such individual holds the office of
President; or
(2) in the case of a payment to a Presidentially-owned
entity, the individual holding the office of President at the
time of such payment holds the office of the President.
SEC. 634. EXCEPTIONS.
This subtitle, and the provisions of section 510 of title 36,
United States Code, section 325 of the Federal Election Campaign Act of
1971, and section 7343 of title 5, United States Code, do not apply in
the case of the following:
(1) Payment of compensation of the President under section
102 of title 3, United States Code.
(2) Any other payment derived from Federal or State funds,
or from any covered official, that is required under Federal or
State law, including Government contributions for health care,
pension payments, or any other authorized benefit.
(3) Any payment from the Federal Government or a State to
the President or a Presidentially-owned entity under a program
that is available to the public and which is made without
regard to the ownership of such entity by an individual holding
the office of the President.
SEC. 635. SEVERABILITY.
If any provision of this subtitle or amendment made by this
subtitle, or the application of a provision or amendment to any person
or circumstance, is held to be unconstitutional, the remainder of this
subtitle and amendments made by this subtitle, and the application of
the provisions and amendment to any person or circumstance, shall not
be affected by the holding.
Subtitle D--Investigative Integrity Protection
SEC. 641. SHORT TITLE.
This subtitle may be cited as the ``Investigative Integrity
Protection Act''.
SEC. 642. PRESIDENTIAL OVERSIGHT OF ATTORNEY GENERAL.
(a) In General.--Chapter 31 of title 28, United States Code, is
amended by adding at the end the following:
``Sec. 530E. Presidential oversight of Attorney General
``(a) Certification.--In the case of any criminal prosecution
against the President or a President-elect, irrespective of when the
prosecution was initiated, if the Government seeks dismissal of such
prosecution, the court shall require the Attorney General to submit a
sworn statement under penalty of perjury attesting as to whether the
dismissal was ordered by the President or President-elect, as
applicable, or anyone acting pursuant to the direction of the President
or President-elect, as applicable.
``(b) Considerations.--
``(1) In general.--The court shall only grant dismissal
under this section if the court determines such dismissal is
appropriate and in the interest of justice after having duly
considered--
``(A) the circumstances of the case;
``(B) the sworn statement required by subsection
(a);
``(C) any evidence in the record or ex curia, which
shall be reflected in the order of the court, to
support an inference that the decision to seek
dismissal of the prosecution is motivated by bad faith
or is a pretext to enable the President or President-
elect, as applicable, to act outside of the legal and
constitutional authority of the Presidency; and
``(D) any other factor the court determines is
appropriate.
``(2) Evidentiary considerations.--Evidence considered
under paragraph (1)(C) may include--
``(A) whether the dismissal was suggested,
encouraged, requested, or ordered by the President or
President-elect, as applicable; or
``(B) whether the Attorney General was, in the
opinion of the court, appointed in whole or in part for
the willingness of the Attorney General to dismiss the
prosecution or any other criminal prosecution against
the President or President-elect, as applicable.
``(c) Three-Judge Court.--Any action seeking dismissal under this
section shall be heard by a three-judge court convened pursuant to
section 2284.
``(d) Sanctions.--If the court, in making a determination under
subsection (b), additionally determines that the motion to dismiss was
made without good cause, the court may impose sanctions as appropriate.
``(e) Inspector General Responsibilities.--The Inspector General of
the Department of Justice, upon having a good-faith basis to conclude
that a motion to dismiss a prosecution against the President or
President-elect, as applicable, was brought at the direction of the
President or President-elect, as applicable, or anyone acting pursuant
to the direction of the President or President-elect, as applicable,
shall immediately report such findings to Congress.
``(f) Preservation and Submission of Materials.--If a court grants
a dismissal under this section, the Attorney General shall--
``(1) preserve any materials obtained or prepared by the
Department of Justice until the date on which the applicable
limitations period expires; and
``(2) submit to the Inspector General of the Department of
Justice and to Congress the materials described in paragraph
(1).''.
(b) Technical and Conforming Amendment.--The table of sections for
chapter 31 of title 28, United States Code, is amended by adding at the
end the following:
``530E. Presidential oversight of Attorney General.''.
TITLE VII--CONSTITUTIONAL AMENDMENT TO OVERTURN CITIZENS UNITED
SEC. 701. CONSTITUTIONAL AMENDMENT TO OVERTURN CITIZENS UNITED.
The following article is proposed as an amendment to the
Constitution of the United States, which shall be valid to all intents
and purposes as part of the Constitution when ratified by the
legislatures of three-fourths of the several States within seven years
after the date of its submission for ratification:
``Article--
``Section 1. Congress and the States may regulate and impose
reasonable viewpoint-neutral limitations on the raising and spending of
money by candidates and others to influence elections.
``Section 2. Congress and the States may regulate and enact systems
of public campaign financing, including those designed to restrict the
influence of private wealth by offsetting the raising and spending of
money by candidates and others to influence elections with increased
public funding.
``Section 3. Congress and the States shall have power to implement
and enforce this article by appropriate legislation, and may
distinguish between natural persons and corporations or other
artificial entities created by law, including by prohibiting such
entities from spending money to influence elections.
``Section 4. Nothing in this article shall be construed to grant
Congress or the States the power to abridge the freedom of the
press.''.
TITLE VIII--REPORTING OF CAMPAIGN-RELATED DISBURSEMENTS
SEC. 801. SHORT TITLE.
This title may be cited as the ``Title II of the DISCLOSE Act''.
SEC. 802. REPORTING OF CAMPAIGN-RELATED DISBURSEMENTS.
(a) 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 if such communication is in
support of or in opposition to the identified
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 campaign-related disbursement segregated fund, for
each payment made to the account by a person other than
the covered organization--
``(I) the name and address of each person
who made such payment to the account 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 2027, 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 calendar year 2027.
``(F)(i) If the covered organization makes
campaign-related disbursements using funds other than
funds in a campaign-related disbursement segregated
fund, 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 2027, 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 calendar year 2027.
``(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
a campaign-related disbursement segregated fund
and any other 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) Campaign-related disbursement segregated
fund.--The term `campaign-related disbursement
segregated fund' means 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.
``(C) 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.
``(D) 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.
``(E) 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 campaign-
related disbursement segregated fund 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) An applicable public communication.
``(C) An electioneering communication, as defined
in section 304(f)(3).
``(D) A covered transfer.
``(2) Applicable public communications.--
``(A) In general.--The term `applicable public
communication' means any public communication that
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.
``(B) Exception.--Such term shall not include any
news story, commentary, or editorial distributed
through the facilities of any broadcasting station or
any print, online, or digital newspaper, magazine,
publication, or periodical, unless such facilities are
owned or controlled by any political party, political
committee, or candidate.
``(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; or
``(D) 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 a campaign-related disbursement
segregated fund and any other 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.--Except as
provided in subsection (b)(1), 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.''.
(b) 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''.
(c) Regulations.--Not later than 6 months after the date of the
enactment of this Act, the Federal Election Commission shall promulgate
regulations relating the application of the exemption under section
324(a)(3)(C) of the Federal Election Campaign Act of 1971 (as added by
subsection (a)). Such regulations--
(1) shall require that the legal burden of establishing
eligibility for such exemption is upon the organization
required to make the report required under section 324(a)(1) of
such Act (as added by subsection (a)), and
(2) shall be consistent with the principles applied in
Citizens United v. Federal Election Commission, 558 U.S. 310
(2010).
SEC. 803. REPORTING OF FEDERAL JUDICIAL NOMINATION DISBURSEMENTS.
(a) Findings.--Congress makes the following findings:
(1) A fair and impartial judiciary is critical for our
democracy and crucial to maintain the faith of the people of
the United States in the justice system. As the Supreme Court
held in Caperton v. Massey, ``there is a serious risk of actual
bias--based on objective and reasonable perceptions--when a
person with a personal stake in a particular case had a
significant and disproportionate influence in placing the judge
on the case.'' (Caperton v. A.T. Massey Coal Co., 556 U.S. 868,
884 (2009)).
(2) Public trust in government is at a historic low.
According to polling, most Americans believe that corporations
have too much power and influence in politics and the courts.
(3) The prevalence and pervasiveness of dark money drives
public concern about corruption in politics and the courts.
Dark money is funding for organizations and political
activities that cannot be traced to actual donors. It is made
possible by loopholes in our tax laws and regulations, weak
oversight by the Internal Revenue Service, and donor-friendly
court decisions.
(4) Under current law, ``social welfare'' organizations and
business leagues can use funds to influence elections so long
as political activity is not their ``primary'' activity. Super
PACs can accept and spend unlimited contributions from any non-
foreign source. These groups can spend tens of millions of
dollars on political activities. Such dark money groups spent
an estimated $1,050,000,000 in the 2020 election cycle.
(5) Dark money is used to shape judicial decision making.
This can take many forms, akin to agency capture: influencing
judicial selection by controlling who gets nominated and
funding candidate advertisements; creating public relations
campaigns aimed at mobilizing the judiciary around particular
issues; and drafting law review articles, amicus briefs, and
other products which tell judges how to decide a given case and
provide ready-made arguments for willing judges to adopt.
(6) Over the past decade, nonprofit organizations that do
not disclose their donors have spent hundreds of millions of
dollars to influence the nomination and confirmation process
for Federal judges. One organization alone has spent nearly
$40,000,000 on advertisements supporting or opposing Supreme
Court nominees since 2016.
(7) Anonymous money spent on judicial nominations is not
subject to any disclosure requirements. Federal election laws
only regulate contributions and expenditures relating to
electoral politics; thus, expenditures, contributions, and
advocacy efforts for Federal judgeships are not covered under
the Federal Election Campaign Act of 1971. Without more
disclosure, the public has no way of knowing whether the people
spending money supporting or opposing judicial nominations have
business before the courts.
(8) Congress and the American people have a compelling
interest in knowing who is funding these campaigns to select
and confirm judges to lifetime appointments on the Federal
bench.
(b) Reporting.--Section 324 of the Federal Election Campaign Act of
1971 (52 U.S.C. 30126), as amended by section 802, is amended by
redesignating subsection (g) as subsection (h) and by inserting after
subsection (f) the following new subsection:
``(g) Application to Federal Judicial Nominations.--
``(1) In general.--For purposes of this section--
``(A) a disbursement by a covered organization for
a Federal judicial nomination communication shall be
treated as a campaign-related disbursement; and
``(B) in the case of campaign-related disbursements
which are for Federal judicial nomination
communications--
``(i) the dollar amounts in paragraphs (1)
and (2) of subsection (a) shall be applied
separately with respect to such disbursements
and other campaign-related disbursements;
``(ii) the election reporting cycle shall
be the calendar year in which the disbursement
for the Federal judicial nomination
communication is made;
``(iii) references to a candidate in
subsections (a)(2)(C), (a)(2)(D), and (a)(3)(C)
shall be treated as references to a nominee for
a Federal judge or justice; and
``(iv) the reference to an election in
subsection (a)(2)(C) shall be treated as a
reference to the nomination of such nominee.
``(2) Federal judicial nomination communication.--
``(A) In general.--The term `Federal judicial
nomination communication' means any communication--
``(i) that is by means of any broadcast,
cable, or satellite, paid internet, or paid
digital communication, paid promotion,
newspaper, magazine, outdoor advertising
facility, mass mailing, telephone bank,
telephone messaging effort of more than 500
substantially similar calls or electronic
messages within a 30-day period, or any other
form of general public political advertising;
and
``(ii) which promotes, supports, attacks,
or opposes the nomination or Senate
confirmation of an individual as a Federal
judge or justice.
``(B) Exception.--Such term shall not include any
news story, commentary, or editorial distributed
through the facilities of any broadcasting station or
any print, online, or digital newspaper, magazine,
publication, or periodical, unless such facilities are
owned or controlled by any political party, political
committee, or candidate.
``(C) Intent not required.--A disbursement for an
item described in subparagraph (A) shall be treated as
a disbursement for a Federal judicial nomination
communication regardless of the intent of the person
making the disbursement.''.
SEC. 804. COORDINATION WITH FINCEN.
(a) 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 amended by this title.
(b) 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.
SEC. 805. APPLICATION OF FOREIGN MONEY BAN TO DISBURSEMENTS FOR
CAMPAIGN-RELATED DISBURSEMENTS CONSISTING OF COVERED
TRANSFERS.
Section 319(b)(2) of the Federal Election Campaign Act of 1971 (52
U.S.C. 30121(a)(1)(A)), as amended by section 802, is amended--
(1) by striking ``includes any disbursement'' and inserting
``includes--
``(A) any disbursement'';
(2) by striking the period at the end and inserting ``;
and''; and
(3) by adding at the end the following new subparagraph:
``(B) any disbursement, other than a disbursement
described in section 324(a)(3)(A), to another person
who made a campaign-related disbursement consisting of
a covered transfer (as described in section 324) during
the 2-year period ending on the date of the
disbursement.''.
SEC. 806. SENSE OF CONGRESS REGARDING IMPLEMENTATION.
It is the sense of Congress that the Federal Election Commission
should simplify the process for filing any disclosure required under
the provisions of, and amendments made by, this title in order to
ensure that such process is as easy and accessible as possible.
SEC. 807. EFFECTIVE DATE.
The amendments made by this title shall apply with respect to
disbursements made on or after January 1, 2027, and shall take effect
without regard to whether or not the Federal Election Commission has
promulgated regulations to carry out such amendments.
TITLE IX--BAN CORPORATE PACS ACT
SECTION 901. SHORT TITLE.
This title may be cited as the ``Ban Corporate PACs Act''.
SEC. 902. LIMITING AUTHORITY OF CORPORATIONS TO ESTABLISH OR OPERATE
SEPARATE SEGREGATED FUNDS FOR POLITICAL PURPOSES TO
NONPROFIT CORPORATIONS.
(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''.
SEC. 903. EFFECTIVE DATE; TRANSITION FOR EXISTING FUNDS AND COMMITTEES.
(a) Effective Date.--The amendments made by this title shall take
effect on the date of the enactment of this Act.
(b) 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 section 2(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.
TITLE X--NONPARTISAN REDISTRICTING REFORM
SEC. 1001. SHORT TITLE.
This title may be cited as the ``Title V of the Freedom to Vote
Act''.
SEC. 1002. FINDING OF CONSTITUTIONAL AUTHORITY.
Congress finds that it has the authority to establish the terms and
conditions States must follow in carrying out congressional
redistricting after an apportionment of Members of the House of
Representatives because--
(1) the authority granted to Congress under article I,
section 4 of the Constitution of the United States gives
Congress the power to enact laws governing the time, place, and
manner of elections for Members of the House of
Representatives;
(2) the authority granted to Congress under section 5 of
the Fourteenth Amendment to the Constitution gives Congress the
power to enact laws to enforce section 2 of such amendment,
which requires Representatives to be apportioned among the
several States according to their number;
(3) the authority granted to Congress under section 5 of
the Fourteenth Amendment to the Constitution gives Congress the
power to enact laws to enforce section 1 of such amendment,
including protections against excessive partisan gerrymandering
that Federal courts have not enforced because they understand
such enforcement to be committed to Congress by the
Constitution;
(4) of the authority granted to Congress to enforce article
IV, section 4, of the Constitution, and the guarantee of a
Republican Form of Government to every State, which Federal
courts have not enforced because they understand such
enforcement to be committed to Congress by the Constitution;
(5) requiring States to use uniform redistricting criteria
is an appropriate and important exercise of such authority; and
(6) partisan gerrymandering dilutes citizens' votes because
partisan gerrymandering injures voters and political parties by
infringing on their First Amendment right to associate freely
and their Fourteenth Amendment right to equal protection of the
laws.
SEC. 1003. BAN ON MID-DECADE REDISTRICTING.
A State that has been redistricted in accordance with this title
may not be redistricted again until after the next apportionment of
Representatives under section 22(a) of the Act entitled ``An Act to
provide for the fifteenth and subsequent decennial censuses and to
provide for an apportionment of Representatives in Congress'', approved
June 18, 1929 (2 U.S.C. 2a), unless a court requires the State to
conduct such subsequent redistricting to comply with the Constitution
of the United States, the Voting Rights Act of 1965 (52 U.S.C. 10301 et
seq.), the terms or conditions of this title, or applicable State law.
SEC. 1004. CRITERIA FOR REDISTRICTING.
(a) Requiring Plans To Meet Criteria.--A State may not use a
congressional redistricting plan enacted following the notice of
apportionment transmitted to the President on April 26, 2021, or any
subsequent notice of apportionment, if such plan is not in compliance
with this section, without regard to whether or not the plan was
enacted by the State before, on, or after the effective date of this
title.
(b) Ranked Criteria.--Under the redistricting plan of a State,
there shall be established single-member congressional districts using
the following criteria as set forth in the following order of priority:
(1) Districts shall comply with the United States
Constitution, including the requirement that they substantially
equalize total population, without regard to age, citizenship
status, or immigration status.
(2) Districts shall comply with the Voting Rights Act of
1965 (52 U.S.C. 10301 et seq.), including by creating any
districts where, if based upon the totality of the
circumstances, 2 or more politically cohesive groups protected
by such Act are able to elect representatives of choice in
coalition with one another, and all applicable Federal laws.
(3)(A) Districts shall be drawn, to the extent that the
totality of the circumstances warrant, to ensure the practical
ability of a group protected under the Voting Rights Act of
1965 (52 U.S.C. 10301 et seq.) to participate in the political
process and to nominate candidates and to elect representatives
of choice is not diluted or diminished, regardless of whether
or not such protected group constitutes a majority of a
district's population, voting age population, or citizen voting
age population.
(B) For purposes of subparagraph (A), the assessment of
whether a protected group has the practical ability to nominate
candidates and to elect representatives of choice shall require
the consideration of the following factors:
(i) Whether the group is politically cohesive.
(ii) Whether there is racially polarized voting in
the relevant geographic region.
(iii) If there is racially polarized voting in the
relevant geographic region, whether the preferred
candidates of the group nevertheless receive a
sufficient amount of consistent crossover support from
other voters such that the group is a functional
majority with the ability to both nominate candidates
and elect representatives of choice.
(4)(A) Districts shall be drawn to represent communities of
interest and neighborhoods to the extent practicable after
compliance with the requirements of paragraphs (1) through (3).
A community of interest is defined as an area for which the
record before the entity responsible for developing and
adopting the redistricting plan demonstrates the existence of
broadly shared interests and representational needs, including
shared interests and representational needs rooted in common
ethnic, racial, economic, Indian, social, cultural, geographic,
or historic identities, or arising from similar socioeconomic
conditions. The term communities of interest may, if the record
warrants, include political subdivisions such as counties,
municipalities, Indian lands, or school districts, but shall
not include common relationships with political parties or
political candidates.
(B) For purposes of subparagraph (A), in considering the
needs of multiple, overlapping communities of interest, the
entity responsible for developing and adopting the
redistricting plan shall give greater weight to those
communities of interest whose representational needs would most
benefit from the community's inclusion in a single
congressional district.
(c) No Favoring or Disfavoring of Political Parties.--
(1) Prohibition.--A State may not use a redistricting plan
to conduct an election if the plan's congressional districts,
when considered cumulatively on a statewide basis, have been
drawn with the intent or have the effect of materially favoring
or disfavoring any political party.
(2) Determination of effect.--The determination of whether
a redistricting plan has the effect of materially favoring or
disfavoring a political party shall be based on an evaluation
of the totality of circumstances which, at a minimum, shall
involve consideration of each of the following factors:
(A) Computer modeling based on relevant statewide
general elections for Federal office held over the 8
years preceding the adoption of the redistricting plan
setting forth the probable electoral outcomes for the
plan under a range of reasonably foreseeable
conditions.
(B) An analysis of whether the redistricting plan
is statistically likely to result in partisan advantage
or disadvantage on a statewide basis, the degree of any
such advantage or disadvantage, and whether such
advantage or disadvantage is likely to be present under
a range of reasonably foreseeable electoral conditions.
(C) A comparison of the modeled electoral outcomes
for the redistricting plan to the modeled electoral
outcomes for alternative plans that demonstrably comply
with the requirements of paragraphs (1), (2), and (3)
of subsection (b) in order to determine whether
reasonable alternatives exist that would result in
materially lower levels of partisan advantage or
disadvantage on a statewide basis. For purposes of this
subparagraph, alternative plans considered may include
both actual plans proposed during the redistricting
process and other plans prepared for purposes of
comparison.
(D) Any other relevant information, including how
broad support for the redistricting plan was among
members of the entity responsible for developing and
adopting the plan and whether the processes leading to
the development and adoption of the plan were
transparent and equally open to all members of the
entity and to the public.
(3) Rebuttable presumption.--
(A) Trigger.--In any civil action brought under
section 1006 in which a party asserts a claim that a
State has enacted a redistricting plan which is in
violation of this subsection, a party may file a motion
not later than 30 days after the enactment of the plan
(or, in the case of a plan enacted before the effective
date of this Act, not later than 30 days after the
effective date of this Act) requesting that the court
determine whether a presumption of such a violation
exists. If such a motion is timely filed, the court
shall hold a hearing not later than 15 days after the
date the motion is filed to assess whether a
presumption of such a violation exists.
(B) Assessment.--To conduct the assessment required
under subparagraph (A), the court shall do the
following:
(i) Determine the number of congressional
districts under the plan that would have been
carried by each political party's candidates
for the office of President and the office of
Senator in the 2 most recent general elections
for the office of President and the 2 most
recent general elections for the office of
Senator (other than special general elections)
immediately preceding the enactment of the
plan, except that if a State conducts a primary
election for the office of Senator which is
open to candidates of all political parties,
the primary election shall be used instead of
the general election and the number of
districts carried by a party's candidates for
the office of Senator shall be determined on
the basis of the combined vote share of all
candidates in the election who are affiliated
with such party.
(ii) Determine, for each of the 4 elections
assessed under clause (i), whether the number
of districts that would have been carried by
any party's candidate as determined under
clause (i) results in partisan advantage or
disadvantage in excess of the applicable
threshold described in subparagraph (C). The
degree of partisan advantage or disadvantage
shall be determined by one or more standard
quantitative measures of partisan fairness
that--
(I) use a party's share of the
statewide vote to calculate a
corresponding benchmark share of seats;
and
(II) measure the amount by which
the share of seats the party's
candidate would have won in the
election involved exceeds the benchmark
share of seats.
(C) Applicable threshold described.--The applicable
threshold described in this subparagraph is, with
respect to a State and a number of seats, the greater
of--
(i) an amount equal to 7 percent of the
number of congressional districts in the State;
or
(ii) one congressional district.
(D) Description of quantitative measures;
prohibiting rounding.--In carrying out this
subsection--
(i) the standard quantitative measures of
partisan fairness used by the court may include
the simplified efficiency gap but may not
include strict proportionality; and
(ii) the court may not round any number.
(E) Presumption of violation.--A plan is presumed
to violate paragraph (1) if, on the basis of at least
one standard quantitative measure of partisan fairness,
it exceeds the applicable threshold described in
subparagraph (C) with respect to 2 or more of the 4
elections assessed under subparagraph (B).
(F) Stay of use of plan.--Notwithstanding any other
provision of this title, in any action under this
paragraph, the following rules shall apply:
(i) Upon filing of a motion under
subparagraph (A), a State's use of the plan
which is the subject of the motion shall be
automatically stayed pending resolution of such
motion.
(ii) If after considering the motion, the
court rules that the plan is presumed under
subparagraph (E) to violate paragraph (1), a
State may not use such plan until and unless
the court which is carrying out the
determination of the effect of the plan under
paragraph (2) determines that, notwithstanding
the presumptive violation, the plan does not
violate paragraph (1).
(G) No effect on other assessments.--The absence of
a presumption of a violation with respect to a
redistricting plan as determined under this paragraph
shall not affect the determination of the effect or
intent of the plan under this section.
(4) Determination of intent.--A court may rely on all
available evidence when determining whether a redistricting
plan was drawn with the intent to materially favor or disfavor
a political party, including evidence of the partisan effects
of a plan, the degree of support the plan received from members
of the entity responsible for developing and adopting the plan,
and whether the processes leading to development and adoption
of the plan were transparent and equally open to all members of
the entity and to the public.
(5) No violation based on certain criteria.--No
redistricting plan shall be found to be in violation of
paragraph (1) because of the proper application of the criteria
set forth in paragraphs (1), (2), or (3) of subsection (b),
unless one or more alternative plans could have complied with
such paragraphs without having the effect of materially
favoring or disfavoring a political party.
(d) Factors Prohibited From Consideration.--In developing the
redistricting plan for the State, the State may not take into
consideration any of the following factors, except as necessary to
comply with the criteria described in paragraphs (1) through (3) of
subsection (b), to achieve partisan fairness and comply with subsection
(b), and to enable the redistricting plan to be measured against the
external metrics described in section 1004(c):
(1) The residence of any Member of the House of
Representatives or candidate.
(2) The political party affiliation or voting history of
the population of a district.
(e) Additional Criteria.--A State may not rely upon criteria,
districting principles, or other policies of the State which are not
set forth in this section to justify non-compliance with the
requirements of this section.
(f) Applicability.--
(1) In general.--This section applies to any authority,
whether appointed, elected, judicial, or otherwise, responsible
for enacting the congressional redistricting plan of a State.
(2) Date of enactment.--This section applies to any
congressional redistricting plan enacted following the notice
of apportionment transmitted to the President on April 26,
2021, regardless of the date of enactment by the State of the
congressional redistricting plan.
(g) Severability of Criteria.--If any provision of this section, or
the application of any such provision to any person or circumstance, is
held to be unconstitutional, the remainder of this section, and the
application of such provision to any other person or circumstance,
shall not be affected by the holding.
SEC. 1005. DEVELOPMENT OF PLAN.
(a) Public Notice and Input.--
(1) Use of open and transparent process.--The entity
responsible for developing and adopting the congressional
redistricting plan of a State shall solicit and take into
consideration comments from the public throughout the process
of developing the plan, and shall carry out its duties in an
open and transparent manner which provides for the widest
public dissemination reasonably possible of its proposed and
final redistricting plans.
(2) Website.--
(A) Features.--The entity shall maintain a public
internet site which is not affiliated with or
maintained by the office of any elected official and
which includes the following features:
(i) All proposed redistricting plans and
the final redistricting plan, including the
accompanying written evaluation under
subsection (c).
(ii) All comments received from the public
submitted under paragraph (1).
(iii) Access in an easily usable format to
the demographic and other data used by the
entity to develop and analyze the proposed
redistricting plans, together with any reports
analyzing and evaluating such plans and access
to software that members of the public may use
to draw maps of proposed districts.
(iv) A method by which members of the
public may submit comments directly to the
entity.
(B) Searchable format.--The entity shall ensure
that all information posted and maintained on the site
under this paragraph, including information and
proposed maps submitted by the public, shall be
maintained in an easily searchable format.
(3) Multiple language requirements for all notices.--The
entity responsible for developing and adopting the plan shall
make each notice which is required to be posted and published
under this section available in any language in which the State
(or any jurisdiction in the State) is required to provide
election materials under section 203 of the Voting Rights Act
of 1965 (52 U.S.C. 10503).
(b) Development of Plan.--
(1) Hearings.--The entity responsible for developing and
adopting the congressional redistricting plan shall hold
hearings both before and after releasing proposed plans in
order to solicit public input on the content of such plans.
These hearings shall--
(A) be held in different regions of the State and
streamed live on the public internet site maintained
under subsection (a)(2); and
(B) be sufficient in number, scheduled at times and
places, and noticed and conducted in a manner to ensure
that all members of the public, including members of
racial, ethnic, and language minorities protected under
the Voting Rights Act of 1965, have a meaningful
opportunity to attend and provide input both before and
after the entity releases proposed plans.
(2) Posting of maps.--The entity responsible for developing
and adopting the congressional redistricting plan shall make
proposed plans, amendments to proposed plans, and the data
needed to analyze such plans for compliance with the criteria
of this title available for public review, including on the
public internet site required under subsection (a)(2), for a
period of not less than 5 days before any vote or hearing is
held on any such plan or any amendment to such a plan.
(c) Release of Written Evaluation of Plan Against External Metrics
Required Prior to Vote.--The entity responsible for developing and
adopting the congressional redistricting plan for a State may not hold
a vote on a proposed redistricting plan, including a vote in a
committee, unless at least 48 hours prior to holding the vote the State
has released a written evaluation that measures each such plan against
external metrics which cover the criteria set forth in section 1003(b),
including the impact of the plan on the ability of members of a class
of citizens protected by the Voting Rights Act of 1965 (52 U.S.C. 10301
et seq.) to elect candidates of choice, the degree to which the plan
preserves or divides communities of interest, and any analysis used by
the State to assess compliance with the requirements of section 1003(b)
and (c).
(d) Public Input and Comments.--The entity responsible for
developing and adopting the congressional redistricting plan for a
State shall make all public comments received about potential plans,
including alternative plans, available to the public on the internet
site required under subsection (a)(2), at no cost, not later than 24
hours prior to holding a vote on final adoption of a plan.
SEC. 1006. FAILURE BY STATE TO ENACT PLAN.
(a) Deadline for Enactment of Plan.--
(1) In general.--Except as provided in paragraph (2), each
State shall enact a final congressional redistricting plan
following transmission of a notice of apportionment to the
President by the earliest of--
(A) the deadline set forth in State law, including
any extension to the deadline provided in accordance
with State law;
(B) February 15 of the year in which regularly
scheduled general elections for Federal office are held
in the State; or
(C) 90 days before the date of the next regularly
scheduled primary election for Federal office held in
the State.
(2) Special rule for plans enacted prior to effective date
of title.--If a State enacted a final congressional
redistricting plan prior to the effective date of this title
and the plan is not in compliance with the requirements of this
title, the State shall enact a final redistricting plan which
is in compliance with the requirements of this title not later
than 45 days after the effective date of this title.
(b) Development of Plan by Court in Case of Missed Deadline.--If a
State has not enacted a final congressional redistricting plan by the
applicable deadline under subsection (a), or it appears reasonably
likely that a State will fail to enact a final congressional
redistricting plan by such deadline--
(1) any citizen of the State may file an action in the
United States district court for the applicable venue asking
the district court to assume jurisdiction;
(2) the United States district court for the applicable
venue, acting through a 3-judge court convened pursuant to
section 2284 of title 28, United States Code, shall have the
exclusive authority to develop and publish the congressional
redistricting plan for the State; and
(3) the final congressional redistricting plan developed
and published by the court under this section shall be deemed
to be enacted on the date on which the court publishes the
final congressional redistricting plan, as described in
subsection (e).
(c) Applicable Venue.--For purposes of this section, the
``applicable venue'' with respect to a Official legislative text sourced from the public record (cached on CivicsHQ). Display truncated for length.
Official source
View the original bill, actions, and full legislative record on Congress.gov.
Status
In Committee
- 1Introduced
- 2Committee
- 3Floor
- 4Passed
- 5Signed
Timeline reflects current normalized status only. Full action history is not yet stored in the API.
Sponsors
- Rep. Landsman, Greg [D-OH-1]DHouseOH
Votes
Voting records are not yet available for this bill.