the date of the election and ends 14 days before the date of the
election.
``SEC. 533. AMOUNT.
``(a) In General.--Subject to subsection (b), the amount of the
additional payment made to an eligible candidate under this subtitle
shall be an amount equal to 50 percent of--
``(1) the amount of the payment made to the candidate under
section 501(b) with respect to the qualified small dollar
contributions which are received by the candidate during the
enhanced support qualifying period (as included in the request
submitted by the candidate under section 532(a)(4)); or
``(2) in the case of a candidate who is not eligible to
receive a payment under section 501(b) with respect to such
qualified small dollar contributions because the candidate has
reached the limit on the aggregate amount of payments under
subtitle A for the election cycle under section 501(c), the
amount of the payment which would have been made to the
candidate under section 501(b) with respect to such qualified
small dollar contributions if the candidate had not reached
such limit.
``(b) Limit.--The amount of the additional payment determined under
subsection (a) with respect to a candidate may not exceed $500,000.
``(c) No Effect on Aggregate Limit.--The amount of the additional
payment made to a candidate under this subtitle shall not be included
in determining the aggregate amount of payments made to a participating
candidate with respect to an election cycle under section 501(c).
``SEC. 534. WAIVER OF AUTHORITY TO RETAIN PORTION OF UNSPENT FUNDS
AFTER ELECTION.
``Notwithstanding section 524(a)(2), a candidate who receives an
additional payment under this subtitle with respect to an election is
not permitted to withhold any portion from the amount of unspent funds
the candidate is required to remit to the Commission under section
524(a)(1).
``Subtitle E--Administrative Provisions
``SEC. 541. FREEDOM FROM INFLUENCE FUND.
``(a) Establishment.--There is established in the Treasury a fund
to be known as the `Freedom From Influence Fund'.
``(b) Amounts Held by Fund.--The Fund shall consist of the
following amounts:
``(1) Assessments against fines, settlements, and
penalties.--Amounts transferred under section 3015 of title 18,
United States Code, section 9706 of title 31, United States
Code, and section 6761 of the Internal Revenue Code of 1986.
``(2) Deposits.--Amounts deposited into the Fund under--
``(A) section 521(c)(1)(B) (relating to exceptions
to contribution requirements);
``(B) section 523 (relating to remittance of unused
payments from the Fund); and
``(C) section 544 (relating to violations).
``(c) Use of Fund To Make Payments to Participating Candidates.--
``(1) Payments to participating candidates.--Amounts in the
Fund shall be available without further appropriation or fiscal
year limitation to make payments to participating candidates as
provided in this title.
``(2) Mandatory reduction of payments in case of
insufficient amounts in fund.--
``(A) Advance audits by commission.--Not later than
90 days before the first day of each election cycle
(beginning with the first election cycle that begins
after the date of the enactment of this title), the
Commission shall--
``(i) audit the Fund to determine whether
the amounts in the Fund will be sufficient to
make payments to participating candidates in
the amounts provided in this title during such
election cycle; and
``(ii) submit a report to Congress
describing the results of the audit.
``(B) Reductions in amount of payments.--
``(i) Automatic reduction on pro rata
basis.--If, on the basis of the audit described
in subparagraph (A), the Commission determines
that the amount anticipated to be available in
the Fund with respect to the election cycle
involved is not, or may not be, sufficient to
satisfy the full entitlements of participating
candidates to payments under this title for
such election cycle, the Commission shall
reduce each amount which would otherwise be
paid to a participating candidate under this
title by such pro rata amount as may be
necessary to ensure that the aggregate amount
of payments anticipated to be made with respect
to the election cycle will not exceed the
amount anticipated to be available for such
payments in the Fund with respect to such
election cycle.
``(ii) Restoration of reductions in case of
availability of sufficient funds during
election cycle.--If, after reducing the amounts
paid to participating candidates with respect
to an election cycle under clause (i), the
Commission determines that there are sufficient
amounts in the Fund to restore the amount by
which such payments were reduced (or any
portion thereof), to the extent that such
amounts are available, the Commission may make
a payment on a pro rata basis to each such
participating candidate with respect to the
election cycle in the amount by which such
candidate's payments were reduced under clause
(i) (or any portion thereof, as the case may
be).
``(iii) No use of amounts from other
sources.--In any case in which the Commission
determines that there are insufficient moneys
in the Fund to make payments to participating
candidates under this title, moneys shall not
be made available from any other source for the
purpose of making such payments.
``(d) Use of Fund To Make Other Payments.--In addition to the use
described in subsection (d), amounts in the Fund shall be available
without further appropriation or fiscal year limitation--
``(1) to make payments to States under the My Voice Voucher
Program under the Government By the People Act of 2021, subject
to reductions under section 5101(f)(3) of such Act;
``(2) to make payments to candidates under chapter 95 of
subtitle H of the Internal Revenue Code of 1986, subject to
reductions under section 9013(b) of such Code; and
``(3) to make payments to candidates under chapter 96 of
subtitle H of the Internal Revenue Code of 1986, subject to
reductions under section 9043(b) of such Code.
``(e) No Taxpayer Funds Permitted.--No taxpayer funds may be
deposited into the Fund.
``(f) Effective Date.--This section shall take effect on the date
of the enactment of this title.
``SEC. 542. REVIEWS AND REPORTS BY GOVERNMENT ACCOUNTABILITY OFFICE.
``(a) Review of Small Dollar Financing.--
``(1) In general.--After each regularly scheduled general
election for Federal office, the Comptroller General of the
United States shall conduct a comprehensive review of the Small
Dollar financing program under this title, including--
``(A) the maximum and minimum dollar amounts of
qualified small dollar contributions under section 504;
``(B) the number and value of qualified small
dollar contributions a candidate is required to obtain
under section 512(a) to be eligible for certification
as a participating candidate;
``(C) the maximum amount of payments a candidate
may receive under this title;
``(D) the overall satisfaction of participating
candidates and the American public with the program;
``(E) the extent to which the program increased
opportunities for participation by candidates of
diverse racial, gender, and socio-economic backgrounds;
and
``(F) such other matters relating to financing of
campaigns as the Comptroller General determines are
appropriate.
``(2) Criteria for review.--In conducting the review under
subparagraph (A), the Comptroller General shall consider the
following:
``(A) Qualified small dollar contributions.--
Whether the number and dollar amounts of qualified
small dollar contributions required strikes an
appropriate balance regarding the importance of voter
involvement, the need to assure adequate incentives for
participating, and fiscal responsibility, taking into
consideration the number of primary and general
election participating candidates, the electoral
performance of those candidates, program cost, and any
other information the Comptroller General determines is
appropriate.
``(B) Review of payment levels.--Whether the
totality of the amount of funds allowed to be raised by
participating candidates (including through qualified
small dollar contributions) and payments under this
title are sufficient for voters in each State to learn
about the candidates to cast an informed vote, taking
into account the historic amount of spending by winning
candidates, media costs, primary election dates, and
any other information the Comptroller General
determines is appropriate.
``(3) Recommendations for adjustment of amounts.--Based on
the review conducted under subparagraph (A), the Comptroller
General may recommend to Congress adjustments of the following
amounts:
``(A) The number and value of qualified small
dollar contributions a candidate is required to obtain
under section 512(a) to be eligible for certification
as a participating candidate.
``(B) The maximum amount of payments a candidate
may receive under this title.
``(b) Reports.--Not later than each June 1 which follows a
regularly scheduled general election for Federal office for which
payments were made under this title, the Comptroller General shall
submit to the Committee on House Administration of the House of
Representatives a report--
``(1) containing an analysis of the review conducted under
subsection (a), including a detailed statement of Comptroller
General's findings, conclusions, and recommendations based on
such review, including any recommendations for adjustments of
amounts described in subsection (a)(3); and
``(2) documenting, evaluating, and making recommendations
relating to the administrative implementation and enforcement
of the provisions of this title.
``(c) Authorization of Appropriations.--There are authorized to be
appropriated such sums as are necessary to carry out the purposes of
this section.
``SEC. 543. ADMINISTRATION BY COMMISSION.
``The Commission shall prescribe regulations to carry out the
purposes of this title, including regulations to establish procedures
for--
``(1) verifying the amount of qualified small dollar
contributions with respect to a candidate;
``(2) effectively and efficiently monitoring and enforcing
the limits on the raising of qualified small dollar
contributions;
``(3) effectively and efficiently monitoring and enforcing
the limits on the use of personal funds by participating
candidates; and
``(4) monitoring the use of allocations from the Freedom
From Influence Fund established under section 541 and matching
contributions under this title through audits of not fewer than
1/10 (or, in the case of the first 3 election cycles during
which the program under this title is in effect, not fewer than
1/3) of all participating candidates or other mechanisms.
``SEC. 544. VIOLATIONS AND PENALTIES.
``(a) Civil Penalty for Violation of Contribution and Expenditure
Requirements.--If a candidate who has been certified as a participating
candidate accepts a contribution or makes an expenditure that is
prohibited under section 521, the Commission may assess a civil penalty
against the candidate in an amount that is not more than 3 times the
amount of the contribution or expenditure. Any amounts collected under
this subsection shall be deposited into the Freedom From Influence Fund
established under section 541.
``(b) Repayment for Improper Use of Freedom From Influence Fund.--
``(1) In general.--If the Commission determines that any
payment made to a participating candidate was not used as
provided for in this title or that a participating candidate
has violated any of the dates for remission of funds contained
in this title, the Commission shall so notify the candidate and
the candidate shall pay to the Fund an amount equal to--
``(A) the amount of payments so used or not
remitted, as appropriate; and
``(B) interest on any such amounts (at a rate
determined by the Commission).
``(2) Other action not precluded.--Any action by the
Commission in accordance with this subsection shall not
preclude enforcement proceedings by the Commission in
accordance with section 309(a), including a referral by the
Commission to the Attorney General in the case of an apparent
knowing and willful violation of this title.
``(c) Prohibiting Certain Candidates From Qualifying as
Participating Candidates.--
``(1) Candidates with multiple civil penalties.--If the
Commission assesses 3 or more civil penalties under subsection
(a) against a candidate (with respect to either a single
election or multiple elections), the Commission may refuse to
certify the candidate as a participating candidate under this
title with respect to any subsequent election, except that if
each of the penalties were assessed as the result of a knowing
and willful violation of any provision of this Act, the
candidate is not eligible to be certified as a participating
candidate under this title with respect to any subsequent
election.
``(2) Candidates subject to criminal penalty.--A candidate
is not eligible to be certified as a participating candidate
under this title with respect to an election if a penalty has
been assessed against the candidate under section 309(d) with
respect to any previous election.
``(d) Imposition of Criminal Penalties.--For criminal penalties for
the failure of a participating candidate to comply with the
requirements of this title, see section 309(d).
``SEC. 545. APPEALS PROCESS.
``(a) Review of Actions.--Any action by the Commission in carrying
out this title shall be subject to review by the United States Court of
Appeals for the District of Columbia upon petition filed in the Court
not later than 30 days after the Commission takes the action for which
the review is sought.
``(b) Procedures.--The provisions of chapter 7 of title 5, United
States Code, apply to judicial review under this section.
``SEC. 546. INDEXING OF AMOUNTS.
``(a) Indexing.--In any calendar year after 2026, section
315(c)(1)(B) shall apply to each amount described in subsection (b) 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 2026.
``(b) Amounts Described.--The amounts described in this subsection
are as follows:
``(1) The amount referred to in section 502(b)(1) (relating
to the minimum amount of qualified small dollar contributions
included in a request for payment).
``(2) The amounts referred to in section 504(a)(1)
(relating to the amount of a qualified small dollar
contribution).
``(3) The amount referred to in section 512(a)(2) (relating
to the total dollar amount of qualified small dollar
contributions).
``(4) The amount referred to in section 521(a)(5) (relating
to the aggregate amount of contributions a participating
candidate may accept from any individual with respect to an
election).
``(5) The amount referred to in section 521(b)(1)(A)
(relating to the amount of personal funds that may be used by a
candidate who is certified as a participating candidate).
``(6) The amounts referred to in section 524(a)(2)
(relating to the amount of unspent funds a candidate may retain
for use in the next election cycle).
``(7) The amount referred to in section 532(a)(3) (relating
to the total dollar amount of qualified small dollar
contributions for a candidate seeking an additional payment
under subtitle D).
``(8) The amount referred to in section 533(b) (relating to
the limit on the amount of an additional payment made to a
candidate under subtitle D).
``SEC. 547. ELECTION CYCLE DEFINED.
``In this title, the term `election cycle' means, with respect to
an election for an office, the period beginning on the day after the
date of the most recent general election for that office (or, if the
general election resulted in a runoff election, the date of the runoff
election) and ending on the date of the next general election for that
office (or, if the general election resulted in a runoff election, the
date of the runoff election).''.
SEC. 5112. CONTRIBUTIONS AND EXPENDITURES BY MULTICANDIDATE AND
POLITICAL PARTY COMMITTEES ON BEHALF OF PARTICIPATING
CANDIDATES.
(a) Authorizing Contributions Only From Separate Accounts
Consisting of Qualified Small Dollar Contributions.--Section 315(a) of
the Federal Election Campaign Act of 1971 (52 U.S.C. 30116(a)) is
amended by adding at the end the following new paragraph:
``(10) In the case of a multicandidate political committee or any
political committee of a political party, the committee may make a
contribution to a candidate who is a participating candidate under
title V with respect to an election only if the contribution is paid
from a separate, segregated account of the committee which consists
solely of contributions which meet the following requirements:
``(A) Each such contribution is in an amount which meets
the requirements for the amount of a qualified small dollar
contribution under section 504(a)(1) with respect to the
election involved.
``(B) Each such contribution is made by an individual who
is not otherwise prohibited from making a contribution under
this Act.
``(C) The individual who makes the contribution does not
make contributions to the committee during the year in an
aggregate amount that exceeds the limit described in section
504(a)(1).''.
(b) Permitting Unlimited Coordinated Expenditures From Small Dollar
Sources by Political Parties.--Section 315(d) of such Act (52 U.S.C.
30116(d)) is amended--
(1) in paragraph (3), by striking ``The national
committee'' and inserting ``Except as provided in paragraph
(6), the national committee''; and
(2) by adding at the end the following new paragraph:
``(6) The limits described in paragraph (3) do not apply in the
case of expenditures in connection with the general election campaign
of a candidate for the office of Representative in, or Delegate or
Resident Commissioner to, the Congress who is a participating candidate
under title V with respect to the election, but only if--
``(A) the expenditures are paid from a separate, segregated
account of the committee which is described in subsection
(a)(10); and
``(B) the expenditures are the sole source of funding
provided by the committee to the candidate.''.
SEC. 5113. PROHIBITING USE OF CONTRIBUTIONS BY PARTICIPATING CANDIDATES
FOR PURPOSES OTHER THAN CAMPAIGN FOR ELECTION.
Section 313 of the Federal Election Campaign Act of 1971 (52 U.S.C.
30114) is amended by adding at the end the following new subsection:
``(d) Restrictions on Permitted Uses of Funds by Candidates
Receiving Small Dollar Financing.--Notwithstanding paragraph (2), (3),
or (4) of subsection (a), if a candidate for election for the office of
Representative in, or Delegate or Resident Commissioner to, the
Congress is certified as a participating candidate under title V with
respect to the election, any contribution which the candidate is
permitted to accept under such title may be used only for authorized
expenditures in connection with the candidate's campaign for such
office, subject to section 503(b).''.
SEC. 5114. ASSESSMENTS AGAINST FINES AND PENALTIES.
(a) Assessments Relating to Criminal Offenses.--
(1) In general.--Chapter 201 of title 18, United States
Code, is amended by adding at the end the following new
section:
``Sec. 3015. Special assessments for Freedom From Influence Fund
``(a) Assessments.--
``(1) Convictions of crimes.--In addition to any assessment
imposed under this chapter, the court shall assess on any
organizational defendant or any defendant who is a corporate
officer or person with equivalent authority in any other
organization who is convicted of a criminal offense under
Federal law an amount equal to 4.75 percent of any fine imposed
on that defendant in the sentence imposed for that conviction.
``(2) Settlements.--The court shall assess on any
organizational defendant or defendant who is a corporate
officer or person with equivalent authority in any other
organization who has entered into a settlement agreement or
consent decree with the United States in satisfaction of any
allegation that the defendant committed a criminal offense
under Federal law an amount equal to 4.75 percent of the amount
of the settlement.
``(b) Manner of Collection.--An amount assessed under subsection
(a) shall be collected in the manner in which fines are collected in
criminal cases.
``(c) Transfers.--In a manner consistent with section 3302(b) of
title 31, there shall be transferred from the General Fund of the
Treasury to the Freedom From Influence Fund under section 541 of the
Federal Election Campaign Act of 1971 an amount equal to the amount of
the assessments collected under this section.''.
(2) Clerical amendment.--The table of sections of chapter
201 of title 18, United States Code, is amended by adding at
the end the following:
``3015. Special assessments for Freedom From Influence Fund.''.
(b) Assessments Relating to Civil Penalties.--
(1) In general.--Chapter 97 of title 31, United States
Code, is amended by adding at the end the following new
section:
``Sec. 9706. Special assessments for Freedom From Influence Fund
``(a) Assessments.--
``(1) Civil penalties.--Any entity of the Federal
Government which is authorized under any law, rule, or
regulation to impose a civil penalty shall assess on each
person, other than a natural person who is not a corporate
officer or person with equivalent authority in any other
organization, on whom such a penalty is imposed an amount equal
to 4.75 percent of the amount of the penalty.
``(2) Administrative penalties.--Any entity of the Federal
Government which is authorized under any law, rule, or
regulation to impose an administrative penalty shall assess on
each person, other than a natural person who is not a corporate
officer or person with equivalent authority in any other
organization, on whom such a penalty is imposed an amount equal
to 4.75 percent of the amount of the penalty.
``(3) Settlements.--Any entity of the Federal Government
which is authorized under any law, rule, or regulation to enter
into a settlement agreement or consent decree with any person,
other than a natural person who is not a corporate officer or
person with equivalent authority in any other organization, in
satisfaction of any allegation of an action or omission by the
person which would be subject to a civil penalty or
administrative penalty shall assess on such person an amount
equal to 4.75 percent of the amount of the settlement.
``(b) Manner of Collection.--An amount assessed under subsection
(a) shall be collected--
``(1) in the case of an amount assessed under paragraph (1)
of such subsection, in the manner in which civil penalties are
collected by the entity of the Federal Government involved;
``(2) in the case of an amount assessed under paragraph (2)
of such subsection, in the manner in which administrative
penalties are collected by the entity of the Federal Government
involved; and
``(3) in the case of an amount assessed under paragraph (3)
of such subsection, in the manner in which amounts are
collected pursuant to settlement agreements or consent decrees
entered into by the entity of the Federal Government involved.
``(c) Transfers.--In a manner consistent with section 3302(b) of
this title, there shall be transferred from the General Fund of the
Treasury to the Freedom From Influence Fund under section 541 of the
Federal Election Campaign Act of 1971 an amount equal to the amount of
the assessments collected under this section.
``(d) Exception for Penalties and Settlements Under Authority of
the Internal Revenue Code of 1986.--
``(1) In general.--No assessment shall be made under
subsection (a) with respect to any civil or administrative
penalty imposed, or any settlement agreement or consent decree
entered into, under the authority of the Internal Revenue Code
of 1986.
``(2) Cross reference.--For application of special
assessments for the Freedom From Influence Fund with respect to
certain penalties under the Internal Revenue Code of 1986, see
section 6761 of the Internal Revenue Code of 1986.''.
(2) Clerical amendment.--The table of sections of chapter
97 of title 31, United States Code, is amended by adding at the
end the following:
``9706. Special assessments for Freedom From Influence Fund.''.
(c) Assessments Relating to Certain Penalties Under the Internal
Revenue Code of 1986.--
(1) In general.--Chapter 68 of the Internal Revenue Code of
1986 is amended by adding at the end the following new
subchapter:
``Subchapter D--Special Assessments for Freedom From Influence Fund
``SEC. 6761. SPECIAL ASSESSMENTS FOR FREEDOM FROM INFLUENCE FUND.
``(a) In General.--Each person required to pay a covered penalty
shall pay an additional amount equal to 4.75 percent of the amount of
such penalty.
``(b) Covered Penalty.--For purposes of this section, the term
`covered penalty' means any addition to tax, additional amount,
penalty, or other liability provided under subchapter A or B.
``(c) Exception for Certain Individuals.--
``(1) In general.--In the case of a taxpayer who is an
individual, subsection (a) shall not apply to any covered
penalty if such taxpayer is an exempt taxpayer for the taxable
year for which such covered penalty is assessed.
``(2) Exempt taxpayer.--For purposes of this subsection, a
taxpayer is an exempt taxpayer for any taxable year if the
taxable income of such taxpayer for such taxable year does not
exceed the dollar amount at which begins the highest rate
bracket in effect under section 1 with respect to such taxpayer
for such taxable year.
``(d) Application of Certain Rules.--Except as provided in
subsection (e), the additional amount determined under subsection (a)
shall be treated for purposes of this title in the same manner as the
covered penalty to which such additional amount relates.
``(e) Transfer to Freedom From Influence Fund.--The Secretary shall
deposit any additional amount under subsection (a) in the General Fund
of the Treasury and shall transfer from such General Fund to the
Freedom From Influence Fund established under section 541 of the
Federal Election Campaign Act of 1971 an amount equal to the amounts so
deposited (and, notwithstanding subsection (d), such additional amount
shall not be the basis for any deposit, transfer, credit,
appropriation, or any other payment, to any other trust fund or
account). Rules similar to the rules of section 9601 shall apply for
purposes of this subsection.''.
(2) Clerical amendment.--The table of subchapters for
chapter 68 of such Code is amended by adding at the end the
following new item:
``subchapter d--special assessments for freedom from influence fund''.
(d) Effective Dates.--
(1) In general.--Except as provided in paragraph (2), the
amendments made by this section shall apply with respect to
convictions, agreements, and penalties which occur on or after
the date of the enactment of this Act.
(2) Assessments relating to certain penalties under the
internal revenue code of 1986.--The amendments made by
subsection (c) shall apply to covered penalties assessed after
the date of the enactment of this Act.
SEC. 5115. STUDY AND REPORT ON SMALL DOLLAR FINANCING PROGRAM.
(a) Study and Report.--Not later than 2 years after the completion
of the first election cycle in which the program established under
title V of the Federal Election Campaign Act of 1971, as added by
section 5111, is in effect, the Federal Election Commission shall--
(1) assess--
(A) the amount of payment referred to in section
501 of such Act; and
(B) the amount of a qualified small dollar
contribution referred to in section 504(a)(1) of such
Act; and
(2) submit to Congress a report that discusses whether such
amounts are sufficient to meet the goals of the program.
(b) Update.--The Commission shall update and revise the study and
report required by subsection (a) on a biennial basis.
(c) Termination.--The requirements of this section shall terminate
10 years after the date on which the first study and report required by
subsection (a) is submitted to Congress.
SEC. 5116. EFFECTIVE DATE.
(a) In General.--Except as may otherwise be provided in this part
and in the amendments made by this part, this part and the amendments
made by this part shall apply with respect to elections occurring
during 2028 or any succeeding year, without regard to whether or not
the Federal Election Commission has promulgated the final regulations
necessary to carry out this part and the amendments made by this part
by the deadline set forth in subsection (b).
(b) Deadline for Regulations.--Not later than June 30, 2026, the
Federal Election Commission shall promulgate such regulations as may be
necessary to carry out this part and the amendments made by this part.
Subtitle C--Presidential Elections
SEC. 5200. SHORT TITLE.
This subtitle may be cited as the ``Empower Act of 2021''.
PART 1--PRIMARY ELECTIONS
SEC. 5201. INCREASE IN AND MODIFICATIONS TO MATCHING PAYMENTS.
(a) Increase and Modification.--
(1) In general.--The first sentence of section 9034(a) of
the Internal Revenue Code of 1986 is amended--
(A) by striking ``an amount equal to the amount of
each contribution'' and inserting ``an amount equal to
600 percent of the amount of each matchable
contribution (disregarding any amount of contributions
from any person to the extent that the total of the
amounts contributed by such person for the election
exceeds $200)''; and
(B) by striking ``authorized committees'' and all
that follows through ``$250'' and inserting
``authorized committees''.
(2) Matchable contributions.--Section 9034 of such Code is
amended--
(A) by striking the last sentence of subsection
(a); and
(B) by adding at the end the following new
subsection:
``(c) Matchable Contribution Defined.--For purposes of this section
and section 9033(b)--
``(1) Matchable contribution.--The term `matchable
contribution' means, with respect to the nomination for
election to the office of President of the United States, a
contribution by an individual to a candidate or an authorized
committee of a candidate with respect to which the candidate
has certified in writing that--
``(A) the individual making such contribution has
not made aggregate contributions (including such
matchable contribution) to such candidate and the
authorized committees of such candidate in excess of
$1,000 for the election;
``(B) such candidate and the authorized committees
of such candidate will not accept contributions from
such individual (including such matchable contribution)
aggregating more than the amount described in
subparagraph (A); and
``(C) such contribution was a direct contribution.
``(2) Contribution.--For purposes of this subsection, the
term `contribution' means a gift of money made by a written
instrument which identifies the individual making the
contribution by full name and mailing address, but does not
include a subscription, loan, advance, or deposit of money, or
anything of value or anything described in subparagraph (B),
(C), or (D) of section 9032(4).
``(3) Direct contribution.--
``(A) In general.--For purposes of this subsection,
the term `direct contribution' means, with respect to a
candidate, a contribution which is made directly by an
individual to the candidate or an authorized committee
of the candidate and is not--
``(i) forwarded from the individual making
the contribution to the candidate or committee
by another person; or
``(ii) received by the candidate or
committee with the knowledge that the
contribution was made at the request,
suggestion, or recommendation of another
person.
``(B) Other definitions.--In subparagraph (A)--
``(i) the term `person' does not include an
individual (other than an individual described
in section 304(i)(7) of the Federal Election
Campaign Act of 1971), a political committee of
a political party, or any political committee
which is not a separate segregated fund
described in section 316(b) of the Federal
Election Campaign Act of 1971 and which does
not make contributions or independent
expenditures, does not engage in lobbying
activity under the Lobbying Disclosure Act of
1995 (2 U.S.C. 1601 et seq.), and is not
established by, controlled by, or affiliated
with a registered lobbyist under such Act, an
agent of a registered lobbyist under such Act,
or an organization which retains or employs a
registered lobbyist under such Act; and
``(ii) a contribution is not `made at the
request, suggestion, or recommendation of
another person' solely on the grounds that the
contribution is made in response to information
provided to the individual making the
contribution by any person, so long as the
candidate or authorized committee does not know
the identity of the person who provided the
information to such individual.''.
(3) Conforming amendments.--
(A) Section 9032(4) of such Code is amended by
striking ``section 9034(a)'' and inserting ``section
9034''.
(B) Section 9033(b)(3) of such Code is amended by
striking ``matching contributions'' and inserting
``matchable contributions''.
(b) Modification of Payment Limitation.--Section 9034(b) of such
Code is amended--
(1) by striking ``The total'' and inserting the following:
``(1) In general.--The total'';
(2) by striking ``shall not exceed'' and all that follows
and inserting ``shall not exceed $250,000,000.''; and
(3) by adding at the end the following new paragraph:
``(2) Inflation adjustment.--
``(A) In general.--In the case of any applicable
period beginning after 2029, the dollar amount in
paragraph (1) shall be increased by an amount equal
to--
``(i) such dollar amount, multiplied by
``(ii) the cost-of-living adjustment
determined under section 1(f)(3) for the
calendar year following the year which such
applicable period begins, determined by
substituting `calendar year 2028' for `calendar
year 1992' in subparagraph (B) thereof.
``(B) Applicable period.--For purposes of this
paragraph, the term `applicable period' means the 4-
year period beginning with the first day following the
date of the general election for the office of
President and ending on the date of the next such
general election.
``(C) Rounding.--If any amount as adjusted under
subparagraph (1) is not a multiple of $10,000, such
amount shall be rounded to the nearest multiple of
$10,000.''.
SEC. 5202. ELIGIBILITY REQUIREMENTS FOR MATCHING PAYMENTS.
(a) Amount of Aggregate Contributions Per State; Disregarding of
Amounts Contributed in Excess of $200.--Section 9033(b)(3) of the
Internal Revenue Code of 1986 is amended--
(1) by striking ``$5,000'' and inserting ``$25,000''; and
(2) by striking ``20 States'' and inserting the following:
``20 States (disregarding any amount of contributions from any
such resident to the extent that the total of the amounts
contributed by such resident for the election exceeds $200)''.
(b) Contribution Limit.--
(1) In general.--Paragraph (4) of section 9033(b) of such
Code is amended to read as follows:
``(4) the candidate and the authorized committees of the
candidate will not accept aggregate contributions from any
person with respect to the nomination for election to the
office of President of the United States in excess of $1,000
for the election.''.
(2) Conforming amendments.--
(A) Section 9033(b) of such Code is amended by
adding at the end the following new flush sentence:
``For purposes of paragraph (4), the term `contribution' has the
meaning given such term in section 301(8) of the Federal Election
Campaign Act of 1971.''.
(B) Section 9032(4) of such Code, as amended by
section 5201(a)(3)(A), is amended by striking ``section
9034'' and inserting ``section 9033(b) or 9034''.
(c) Participation in System for Payments for General Election.--
Section 9033(b) of such Code is amended--
(1) by striking ``and'' at the end of paragraph (3);
(2) by striking the period at the end of paragraph (4) and
inserting ``, and''; and
(3) by inserting after paragraph (4) the following new
paragraph:
``(5) if the candidate is nominated by a political party
for election to the office of President, the candidate will
apply for and accept payments with respect to the general
election for such office in accordance with chapter 95.''.
(d) Prohibition on Joint Fundraising Committees.--Section 9033(b)
of such Code, as amended by subsection (c), is amended--
(1) by striking ``and'' at the end of paragraph (4);
(2) by striking the period at the end of paragraph (5) and
inserting ``; and''; and
(3) by inserting after paragraph (5) the following new
paragraph:
``(6) the candidate will not establish a joint fundraising
committee with a political committee other than another
authorized committee of the candidate, except that candidate
established a joint fundraising committee with respect to a
prior election for which the candidate was not eligible to
receive payments under section 9037 and the candidate does not
terminate the committee, the candidate shall not be considered
to be in violation of this paragraph so long as that joint
fundraising committee does not receive any contributions or
make any disbursements during the election cycle for which the
candidate is eligible to receive payments under such
section.''.
SEC. 5203. REPEAL OF EXPENDITURE LIMITATIONS.
(a) In General.--Subsection (a) of section 9035 of the Internal
Revenue Code of 1986 is amended to read as follows:
``(a) Personal Expenditure Limitation.--No candidate shall
knowingly make expenditures from his personal funds, or the personal
funds of his immediate family, in connection with his campaign for
nomination for election to the office of President in excess of, in the
aggregate, $50,000.''.
(b) Conforming Amendment.--Paragraph (1) of section 9033(b) of the
Internal Revenue Code of 1986 is amended to read as follows:
``(1) the candidate will comply with the personal
expenditure limitation under section 9035,''.
SEC. 5204. PERIOD OF AVAILABILITY OF MATCHING PAYMENTS.
Section 9032(6) of the Internal Revenue Code of 1986 is amended by
striking ``the beginning of the calendar year in which a general
election for the office of President of the United States will be
held'' and inserting ``the date that is 6 months prior to the date of
the earliest State primary election''.
SEC. 5205. EXAMINATION AND AUDITS OF MATCHABLE CONTRIBUTIONS.
Section 9038(a) of the Internal Revenue Code of 1986 is amended by
inserting ``and matchable contributions accepted by'' after ``qualified
campaign expenses of''.
SEC. 5206. MODIFICATION TO LIMITATION ON CONTRIBUTIONS FOR PRESIDENTIAL
PRIMARY CANDIDATES.
Section 315(a)(6) of the Federal Election Campaign Act of 1971 (52
U.S.C. 30116(a)(6)) is amended by striking ``calendar year'' and
inserting ``four-year election cycle''.
SEC. 5207. USE OF FREEDOM FROM INFLUENCE FUND AS SOURCE OF PAYMENTS.
(a) In General.--Chapter 96 of subtitle H of the Internal Revenue
Code of 1986 is amended by adding at the end the following new section:
``SEC. 9043. USE OF FREEDOM FROM INFLUENCE FUND AS SOURCE OF PAYMENTS.
``(a) In General.--Notwithstanding any other provision of this
chapter, effective with respect to the Presidential election held in
2028 and each succeeding Presidential election, all payments made to
candidates under this chapter shall be made from the Freedom From
Influence Fund established under section 541 of the Federal Election
Campaign Act of 1971 (hereafter in this section referred to as the
`Fund').
``(b) Mandatory Reduction of Payments in Case of Insufficient
Amounts in Fund.--
``(1) Advance audits by commission.--Not later than 90 days
before the first day of each Presidential election cycle
(beginning with the cycle for the election held in 2028), the
Commission shall--
``(A) audit the Fund to determine whether, after
first making payments to participating candidates under
title V of the Federal Election Campaign Act of 1971
and then making payments to States under the My Voice
Voucher Program under the Government By the People Act
of 2021, the amounts remaining in the Fund will be
sufficient to make payments to candidates under this
chapter in the amounts provided under this chapter
during such election cycle; and
``(B) submit a report to Congress describing the
results of the audit.
``(2) Reductions in amount of payments.--
``(A) Automatic reduction on pro rata basis.--If,
on the basis of the audit described in paragraph (1),
the Commission determines that the amount anticipated
to be available in the Fund with respect to the
Presidential election cycle involved is not, or may not
be, sufficient to satisfy the full entitlements of
candidates to payments under this chapter for such
cycle, the Commission shall reduce each amount which
would otherwise be paid to a candidate under this
chapter by such pro rata amount as may be necessary to
ensure that the aggregate amount of payments
anticipated to be made with respect to the cycle will
not exceed the amount anticipated to be available for
such payments in the Fund with respect to such cycle.
``(B) Restoration of reductions in case of
availability of sufficient funds during election
cycle.--If, after reducing the amounts paid to
candidates with respect to an election cycle under
subparagraph (A), the Commission determines that there
are sufficient amounts in the Fund to restore the
amount by which such payments were reduced (or any
portion thereof), to the extent that such amounts are
available, the Commission may make a payment on a pro
rata basis to each such candidate with respect to the
election cycle in the amount by which such candidate's
payments were reduced under subparagraph (A) (or any
portion thereof, as the case may be).
``(C) No use of amounts from other sources.--In any
case in which the Commission determines that there are
insufficient moneys in the Fund to make payments to
candidates under this chapter, moneys shall not be made
available from any other source for the purpose of
making such payments.
``(3) No effect on amounts transferred for pediatric
research initiative.--This section does not apply to the
transfer of funds under section 9008(i).
``(4) Presidential election cycle defined.--In this
section, the term `Presidential election cycle' means, with
respect to a Presidential election, the period beginning on the
day after the date of the previous Presidential general
election and ending on the date of the Presidential
election.''.
(b) Clerical Amendment.--The table of sections for chapter 96 of
subtitle H of such Code is amended by adding at the end the following
new item:
``Sec. 9043. Use of Freedom From Influence Fund as source of
payments.''.
PART 2--GENERAL ELECTIONS
SEC. 5211. MODIFICATION OF ELIGIBILITY REQUIREMENTS FOR PUBLIC
FINANCING.
Subsection (a) of section 9003 of the Internal Revenue Code of 1986
is amended to read as follows:
``(a) In General.--In order to be eligible to receive any payments
under section 9006, the candidates of a political party in a
Presidential election shall meet the following requirements:
``(1) Participation in primary payment system.--The
candidate for President received payments under chapter 96 for
the campaign for nomination for election to be President.
``(2) Agreements with commission.--The candidates, in
writing--
``(A) agree to obtain and furnish to the Commission
such evidence as it may request of the qualified
campaign expenses of such candidates,
``(B) agree to keep and furnish to the Commission
such records, books, and other information as it may
request, and
``(C) agree to an audit and examination by the
Commission under section 9007 and to pay any amounts
required to be paid under such section.
``(3) Prohibition on joint fundraising committees.--
``(A) Prohibition.--The candidates certifies in
writing that the candidates will not establish a joint
fundraising committee with a political committee other
than another authorized committee of the candidate.
``(B) Status of existing committees for prior
elections.--If a candidate established a joint
fundraising committee described in subparagraph (A)
with respect to a prior election for which the
candidate was not eligible to receive payments under
section 9006 and the candidate does not terminate the
committee, the candidate shall not be considered to be
in violation of subparagraph (A) so long as that joint
fundraising committee does not receive any
contributions or make any disbursements with respect to
the election for which the candidate is eligible to
receive payments under section 9006.''.
SEC. 5212. REPEAL OF EXPENDITURE LIMITATIONS AND USE OF QUALIFIED
CAMPAIGN CONTRIBUTIONS.
(a) Use of Qualified Campaign Contributions Without Expenditure
Limits; Application of Same Requirements for Major, Minor, and New
Parties.--Section 9003 of the Internal Revenue Code of 1986 is amended
by striking subsections (b) and (c) and inserting the following:
``(b) Use of Qualified Campaign Contributions To Defray Expenses.--
``(1) In general.--In order to be eligible to receive any
payments under section 9006, the candidates of a party in a
Presidential election shall certify to the Commission, under
penalty of perjury, that--
``(A) such candidates and their authorized
committees have not and will not accept any
contributions to defray qualified campaign expenses
other than--
``(i) qualified campaign contributions, and
``(ii) contributions to the extent
necessary to make up any deficiency payments
received out of the fund on account of the
application of section 9006(c), and
``(B) such candidates and their authorized
committees have not and will not accept any
contribution to defray expenses which would be
qualified campaign expenses but for subparagraph (C) of
section 9002(11).
``(2) Timing of certification.--The candidate shall make
the certification required under this subsection at the same
time the candidate makes the certification required under
subsection (a)(3).''.
(b) Definition of Qualified Campaign Contribution.--Section 9002 of
such Code is amended by adding at the end the following new paragraph:
``(13) Qualified campaign contribution.--The term
`qualified campaign contribution' means, with respect to any
election for the office of President of the United States, a
contribution from an individual to a candidate or an authorized
committee of a candidate which--
``(A) does not exceed $1,000 for the election; and
``(B) with respect to which the candidate has
certified in writing that--
``(i) the individual making such
contribution has not made aggregate
contributions (including such qualified
contribution) to such candidate and the
authorized committees of such candidate in
excess of the amount described in subparagraph
(A), and
``(ii) such candidate and the authorized
committees of such candidate will not accept
contributions from such individual (including
such qualified contribution) aggregating more
than the amount described in subparagraph (A)
with respect to such election.''.
(c) Conforming Amendments.--
(1) Repeal of expenditure limits.--
(A) In general.--Section 315 of the Federal
Election Campaign Act of 1971 (52 U.S.C. 30116) is
amended by striking subsection (b).
(B) Conforming amendments.--Section 315(c) of such
Act (52 U.S.C. 30116(c)) is amended--
(i) in paragraph (1)(B)(i), by striking ``,
(b)''; and
(ii) in paragraph (2)(B)(i), by striking
``subsections (b) and (d)'' and inserting
``subsection (d)''.
(2) Repeal of repayment requirement.--
(A) In general.--Section 9007(b) of the Internal
Revenue Code of 1986 is amended by striking paragraph
(2) and redesignating paragraphs (3), (4), and (5) as
paragraphs (2), (3), and (4), respectively.
(B) Conforming amendment.--Paragraph (2) of section
9007(b) of such Code, as redesignated by subparagraph
(A), is amended--
(i) by striking ``a major party'' and
inserting ``a party'';
(ii) by striking ``contributions (other
than'' and inserting ``contributions (other
than qualified contributions''; and
(iii) by striking ``(other than qualified
campaign expenses with respect to which payment
is required under paragraph (2))''.
(3) Criminal penalties.--
(A) Repeal of penalty for excess expenses.--Section
9012 of the Internal Revenue Code of 1986 is amended by
striking subsection (a).
(B) Penalty for acceptance of disallowed
contributions; application of same penalty for
candidates of major, minor, and new parties.--
Subsection (b) of section 9012 of such Code is amended
to read as follows:
``(b) Contributions.--
``(1) Acceptance of disallowed contributions.--It shall be
unlawful for an eligible candidate of a party in a Presidential
election or any of his authorized committees knowingly and
willfully to accept--
``(A) any contribution other than a qualified
campaign contribution to defray qualified campaign
expenses, except to the extent necessary to make up any
deficiency in payments received out of the fund on
account of the application of section 9006(c); or
``(B) any contribution to defray expenses which
would be qualified campaign expenses but for
subparagraph (C) of section 9002(11).
``(2) Penalty.--Any person who violates paragraph (1) shall
be fined not more than $5,000, or imprisoned not more than one
year, or both. In the case of a violation by an authorized
committee, any officer or member of such committee who
knowingly and willfully consents to such violation shall be
fined not more than $5,000, or imprisoned not more than one
year, or both.''.
SEC. 5213. MATCHING PAYMENTS AND OTHER MODIFICATIONS TO PAYMENT
AMOUNTS.
(a) In General.--
(1) Amount of payments; application of same amount for
candidates of major, minor, and new parties.--Subsection (a) of
section 9004 of the Internal Revenue Code of 1986 is amended to
read as follows:
``(a) In General.--Subject to the provisions of this chapter, the
eligible candidates of a party in a Presidential election shall be
entitled to equal payment under section 9006 in an amount equal to 600
percent of the amount of each matchable contribution received by such
candidate or by the candidate's authorized committees (disregarding any
amount of contributions from any person to the extent that the total of
the amounts contributed by such person for the election exceeds $200),
except that total amount to which a candidate is entitled under this
paragraph shall not exceed $250,000,000.''.
(2) Repeal of separate limitations for candidates of minor
and new parties; inflation adjustment.--Subsection (b) of
section 9004 of such Code is amended to read as follows:
``(b) Inflation Adjustment.--
``(1) In general.--In the case of any applicable period
beginning after 2029, the $250,000,000 dollar amount in
subsection (a) shall be increased by an amount equal to--
``(A) such dollar amount; multiplied by
``(B) the cost-of-living adjustment determined
under section 1(f)(3) for the calendar year following
the year which such applicable period begins,
determined by substituting `calendar year 2028' for
`calendar year 1992' in subparagraph (B) thereof.
``(2) Applicable period.--For purposes of this subsection,
the term `applicable period' means the 4-year period beginning
with the first day following the date of the general election
for the office of President and ending on the date of the next
such general election.
``(3) Rounding.--If any amount as adjusted under paragraph
(1) is not a multiple of $10,000, such amount shall be rounded
to the nearest multiple of $10,000.''.
(3) Conforming amendment.--Section 9005(a) of such Code is
amended by adding at the end the following new sentence: ``The
Commission shall make such additional certifications as may be
necessary to receive payments under section 9004.''.
(b) Matchable Contribution.--Section 9002 of such Code, as amended
by section 5212(b), is amended by adding at the end the following new
paragraph:
``(14) Matchable contribution.--The term `matchable
contribution' means, with respect to the election to the office
of President of the United States, a contribution by an
individual to a candidate or an authorized committee of a
candidate with respect to which the candidate has certified in
writing that--
``(A) the individual making such contribution has
not made aggregate contributions (including such
matchable contribution) to such candidate and the
authorized committees of such candidate in excess of
$1,000 for the election;
``(B) such candidate and the authorized committees
of such candidate will not accept contributions from
such individual (including such matchable contribution)
aggregating more than the amount described in
subparagraph (A) with respect to such election; and
``(C) such contribution was a direct contribution
(as defined in section 9034(c)(3)).''.
SEC. 5214. INCREASE IN LIMIT ON COORDINATED PARTY EXPENDITURES.
(a) In General.--Section 315(d)(2) of the Federal Election Campaign
Act of 1971 (52 U.S.C. 30116(d)(2)) is amended to read as follows:
``(2)(A) The national committee of a political party may not make
any expenditure in connection with the general election campaign of any
candidate for President of the United States who is affiliated with
such party which exceeds $100,000,000.
``(B) For purposes of this paragraph--
``(i) any expenditure made by or on behalf of a national
committee of a political party and in connection with a
Presidential election shall be considered to be made in
connection with the general election campaign of a candidate
for President of the United States who is affiliated with such
party; and
``(ii) any communication made by or on behalf of such party
shall be considered to be made in connection with the general
election campaign of a candidate for President of the United
States who is affiliated with such party if any portion of the
communication is in connection with such election.
``(C) Any expenditure under this paragraph shall be in addition to
any expenditure by a national committee of a political party serving as
the principal campaign committee of a candidate for the office of
President of the United States.''.
(b) Conforming Amendments Relating to Timing of Cost-of-Living
Adjustment.--
(1) In general.--Section 315(c)(1) of such Act (52 U.S.C.
30116(c)(1)) is amended--
(A) in subparagraph (B), by striking ``(d)'' and
inserting ``(d)(2)''; and
(B) by adding at the end the following new
subparagraph:
``(D) In any calendar year after 2028--
``(i) the dollar amount in subsection (d)(2) shall be
increased by the percent difference determined under
subparagraph (A);
``(ii) the amount so increased shall remain in effect for
the calendar year; and
``(iii) if the amount after adjustment under clause (i) is
not a multiple of $100, such amount shall be rounded to the
nearest multiple of $100.''.
(2) Base year.--Section 315(c)(2)(B) of such Act (52 U.S.C.
30116(c)(2)(B)) is amended--
(A) in clause (i)--
(i) by striking ``(d)'' and inserting
``(d)(3)''; and
(ii) by striking ``and'' at the end;
(B) in clause (ii), by striking the period at the
end and inserting ``; and''; and
(C) by adding at the end the following new clause:
``(iii) for purposes of subsection (d)(2), calendar
year 2027.''.
SEC. 5215. ESTABLISHMENT OF UNIFORM DATE FOR RELEASE OF PAYMENTS.
(a) Date for Payments.--
(1) In general.--Section 9006(b) of the Internal Revenue
Code of 1986 is amended to read as follows:
``(b) Payments From the Fund.--If the Secretary of the Treasury
receives a certification from the Commission under section 9005 for
payment to the eligible candidates of a political party, the Secretary
shall pay to such candidates out of the fund the amount certified by
the Commission on the later of--
``(1) the last Friday occurring before the first Monday in
September; or
``(2) 24 hours after receiving the certifications for the
eligible candidates of all major political parties.
Amounts paid to any such candidates shall be under the control of such
candidates.''.
(2) Conforming amendment.--The first sentence of section
9006(c) of such Code is amended by striking ``the time of a
certification by the Commission under section 9005 for
payment'' and inserting ``the time of making a payment under
subsection (b)''.
(b) Time for Certification.--Section 9005(a) of the Internal
Revenue Code of 1986 is amended by striking ``10 days'' and inserting
``24 hours''.
SEC. 5216. AMOUNTS IN PRESIDENTIAL ELECTION CAMPAIGN FUND.
Section 9006(c) of the Internal Revenue Code of 1986 is amended by
adding at the end the following new sentence: ``In making a
determination of whether there are insufficient moneys in the fund for
purposes of the previous sentence, the Secretary shall take into
account in determining the balance of the fund for a Presidential
election year the Secretary's best estimate of the amount of moneys
which will be deposited into the fund during the year, except that the
amount of the estimate may not exceed the average of the annual amounts
deposited in the fund during the previous 3 years.''.
SEC. 5217. USE OF GENERAL ELECTION PAYMENTS FOR GENERAL ELECTION LEGAL
AND ACCOUNTING COMPLIANCE.
Section 9002(11) of the Internal Revenue Code of 1986 is amended by
adding at the end the following new sentence: ``For purposes of
subparagraph (A), an expense incurred by a candidate or authorized
committee for general election legal and accounting compliance purposes
shall be considered to be an expense to further the election of such
candidate.''.
SEC. 5218. USE OF FREEDOM FROM INFLUENCE FUND AS SOURCE OF PAYMENTS.
(a) In General.--Chapter 95 of subtitle H of the Internal Revenue
Code of 1986 is amended by adding at the end the following new section:
``SEC. 9013. USE OF FREEDOM FROM INFLUENCE FUND AS SOURCE OF PAYMENTS.
``(a) In General.--Notwithstanding any other provision of this
chapter, effective with respect to the Presidential election held in
2028 and each succeeding Presidential election, all payments made under
this chapter shall be made from the Freedom From Influence Fund
established under section 541 of the Federal Election Campaign Act of
1971.
``(b) Mandatory Reduction of Payments in Case of Insufficient
Amounts in Fund.--
``(1) Advance audits by commission.--Not later than 90 days
before the first day of each Presidential election cycle
(beginning with the cycle for the election held in 2028), the
Commission shall--
``(A) audit the Fund to determine whether, after
first making payments to participating candidates under
title V of the Federal Election Campaign Act of 1971
and then making payments to States under the My Voice
Voucher Program under the Government By the People Act
of 2021 and then making payments to candidates under
chapter 96, the amounts remaining in the Fund will be
sufficient to make payments to candidates under this
chapter in the amounts provided under this chapter
during such election cycle; and
``(B) submit a report to Congress describing the
results of the audit.
``(2) Reductions in amount of payments.--
``(A) Automatic reduction on pro rata basis.--If,
on the basis of the audit described in paragraph (1),
the Commission determines that the amount anticipated
to be available in the Fund with respect to the
Presidential election cycle involved is not, or may not
be, sufficient to satisfy the full entitlements of
candidates to payments under this chapter for such
cycle, the Commission shall reduce each amount which
would otherwise be paid to a candidate under this
chapter by such pro rata amount as may be necessary to
ensure that the aggregate amount of payments
anticipated to be made with respect to the cycle will
not exceed the amount anticipated to be available for
such payments in the Fund with respect to such cycle.
``(B) Restoration of reductions in case of
availability of sufficient funds during election
cycle.--If, after reducing the amounts paid to
candidates with respect to an election cycle under
subparagraph (A), the Commission determines that there
are sufficient amounts in the Fund to restore the
amount by which such payments were reduced (or any
portion thereof), to the extent that such amounts are
available, the Commission may make a payment on a pro
rata basis to each such candidate with respect to the
election cycle in the amount by which such candidate's
payments were reduced under subparagraph (A) (or any
portion thereof, as the case may be).
``(C) No use of amounts from other sources.--In any
case in which the Commission determines that there are
insufficient moneys in the Fund to make payments to
candidates under this chapter, moneys shall not be made
available from any other source for the purpose of
making such payments.
``(3) No effect on amounts transferred for pediatric
research initiative.--This section does not apply to the
transfer of funds under section 9008(i).
``(4) Presidential election cycle defined.--In this
section, the term `Presidential election cycle' means, with
respect to a Presidential election, the period beginning on the
day after the date of the previous Presidential general
election and ending on the date of the Presidential
election.''.
(b) Clerical Amendment.--The table of sections for chapter 95 of
subtitle H of such Code is amended by adding at the end the following
new item:
``Sec. 9013. Use of Freedom From Influence Fund as source of
payments.''.
PART 3--EFFECTIVE DATE
SEC. 5221. EFFECTIVE DATE.
(a) In General.--Except as otherwise provided, this subtitle and
the amendments made by this subtitle shall apply with respect to the
Presidential election held in 2028 and each succeeding Presidential
election, without regard to whether or not the Federal Election
Commission has promulgated the final regulations necessary to carry out
this part and the amendments made by this part by the deadline set
forth in subsection (b).
(b) Deadline for Regulations.--Not later than June 30, 2026, the
Federal Election Commission shall promulgate such regulations as may be
necessary to carry out this part and the amendments made by this part.
Subtitle D--Personal Use Services as Authorized Campaign Expenditures
SEC. 5301. SHORT TITLE; FINDINGS; PURPOSE.
(a) Short Title.--This subtitle may be cited as the ``Help America
Run Act''.
(b) Findings.--Congress finds the following:
(1) Everyday Americans experience barriers to entry before
they can consider running for office to serve their
communities.
(2) Current law states that campaign funds cannot be spent
on everyday expenses that would exist whether or not a
candidate were running for office, like childcare and food.
While the law seems neutral, its actual effect is to privilege
the independently wealthy who want to run, because given the
demands of running for office, candidates who must work to pay
for childcare or to afford health insurance are effectively
being left out of the process, even if they have sufficient
support to mount a viable campaign.
(3) Thus current practice favors those prospective
candidates who do not need to rely on a regular paycheck to
make ends meet. The consequence is that everyday Americans who
have firsthand knowledge of the importance of stable childcare,
a safety net, or great public schools are less likely to get a
seat at the table. This governance by the few is antithetical
to the democratic experiment, but most importantly, when
lawmakers do not share the concerns of everyday Americans,
their policies reflect that.
(4) These circumstances have contributed to a Congress that
does not always reflect everyday Americans. The New York Times
reported in 2019 that fewer than 5 percent of representatives
cite blue-collar or service jobs in their biographies. A 2015
survey by the Center for Responsive Politics showed that the
median net worth of lawmakers was just over $1 million in 2013,
or 18 times the wealth of the typical American household.
(5) These circumstances have also contributed to a
governing body that does not reflect the nation it serves. For
instance, women are 51 percent of the American population. Yet
even with a record number of women serving in the One Hundred
Sixteenth Congress, the Pew Research Center notes that more
than three out of four Members of this Congress are male. The
Center for American Women And Politics found that one third of
women legislators surveyed had been actively discouraged from
running for office, often by political professionals. This type
of discouragement, combined with the prohibitions on using
campaign funds for domestic needs like childcare, burdens that
still fall disproportionately on American women, particularly
disadvantages working mothers. These barriers may explain why
only 10 women in history have given birth while serving in
Congress, in spite of the prevalence of working parents in
other professions. Yet working mothers and fathers are best
positioned to create policy that reflects the lived experience
of most Americans.
(6) Working mothers, those caring for their elderly
parents, and young professionals who rely on their jobs for
health insurance should have the freedom to run to serve the
people of the United States. Their networks and net worth are
simply not the best indicators of their strength as prospective
public servants. In fact, helping ordinary Americans to run may
create better policy for all Americans.
(c) Purpose.--It is the purpose of this subtitle to ensure that all
Americans who are otherwise qualified to serve this Nation are able to
run for office, regardless of their economic status. By expanding
permissible uses of campaign funds and providing modest assurance that
testing a run for office will not cost one's livelihood, the Help
America Run Act will facilitate the candidacy of representatives who
more accurately reflect the experiences, challenges, and ideals of
everyday Americans.
SEC. 5302. TREATMENT OF PAYMENTS FOR CHILD CARE AND OTHER PERSONAL USE
SERVICES AS AUTHORIZED CAMPAIGN EXPENDITURE.
(a) Personal Use Services as Authorized Campaign Expenditure.--
Section 313 of the Federal Election Campaign Act of 1971 (52 U.S.C.
30114), as amended by section 5113, is amended by adding at the end the
following new subsection:
``(e) Treatment of Payments for Child Care and Other Personal Use
Services as Authorized Campaign Expenditure.--
``(1) Authorized expenditures.--For purposes of subsection
(a), the payment by an authorized committee of a candidate for
any of the personal use services described in paragraph (3)
shall be treated as an authorized expenditure if the services
are necessary to enable the participation of the candidate in
campaign-connected activities.
``(2) Limitations.--
``(A) Limit on total amount of payments.--The total
amount of payments made by an authorized committee of a
candidate for personal use services described in
paragraph (3) may not exceed the limit which is
applicable under any law, rule, or regulation on the
amount of payments which may be made by the committee
for the salary of the candidate (without regard to
whether or not the committee makes payments to the
candidate for that purpose).
``(B) Corresponding reduction in amount of salary
paid to candidate.--To the extent that an authorized
committee of a candidate makes payments for the salary
of the candidate, any limit on the amount of such
payments which is applicable under any law, rule, or
regulation shall be reduced by the amount of any
payments made to or on behalf of the candidate for
personal use services described in paragraph (3), other
than personal use services described in subparagraph
(D) of such paragraph.
``(C) Exclusion of candidates who are
officeholders.--Paragraph (1) does not apply with
respect to an authorized committee of a candidate who
is a holder of Federal office.
``(3) Personal use services described.--The personal use
services described in this paragraph are as follows:
``(A) Child care services.
``(B) Elder care services.
``(C) Services similar to the services described in
subparagraph (A) or subparagraph (B) which are provided
on behalf of any dependent who is a qualifying relative
under section 152 of the Internal Revenue Code of 1986.
``(D) Health insurance premiums.''.
(b) Effective Date.--The amendments made by this section shall take
effect on the date of the enactment of this Act.
Subtitle E--Empowering Small Dollar Donations
SEC. 5401. PERMITTING POLITICAL PARTY COMMITTEES TO PROVIDE ENHANCED
SUPPORT FOR CANDIDATES THROUGH USE OF SEPARATE SMALL
DOLLAR ACCOUNTS.
(a) Increase in Limit on Contributions to Candidates.--Section
315(a)(2)(A) of the Federal Election Campaign Act of 1971 (52 U.S.C.
30116(a)(2)(A)) is amended by striking ``exceed $5,000'' and inserting
``exceed $5,000 or, in the case of a contribution made by a national
committee of a political party from an account described in paragraph
(11), exceed $10,000''.
(b) Elimination of Limit on Coordinated Expenditures.--Section
315(d)(5) of such Act (52 U.S.C. 30116(d)(5)) is amended by striking
``subsection (a)(9)'' and inserting ``subsection (a)(9) or subsection
(a)(11)''.
(c) Accounts Described.--Section 315(a) of such Act (52 U.S.C.
30116(a)), as amended by section 5112(a), is amended by adding at the
end the following new paragraph:
``(11) An account described in this paragraph is a separate,
segregated account of a national committee of a political party
(including a national congressional campaign committee of a political
party) consisting exclusively of contributions made during a calendar
year by individuals whose aggregate contributions to the committee
during the year do not exceed $200.''.
(d) Effective Date.--The amendments made by this section shall
apply with respect to elections held on or after the date of the
enactment of this Act.
Subtitle F--Severability
SEC. 5501. SEVERABILITY.
If any provision of this title or amendment made by this title, or
the application of a provision or amendment to any person or
circumstance, is held to be unconstitutional, the remainder of this
title and amendments made by this title, and the application of the
provisions and amendment to any person or circumstance, shall not be
affected by the holding.
TITLE VI--CAMPAIGN FINANCE OVERSIGHT
Subtitle A--Restoring Integrity to America's Elections
Sec. 6001. Short title.
Sec. 6002. Membership of Federal Election Commission.
Sec. 6003. Assignment of powers to Chair of Federal Election
Commission.
Sec. 6004. Revision to enforcement process.
Sec. 6005. Permitting appearance at hearings on requests for advisory
opinions by persons opposing the requests.
Sec. 6006. Permanent extension of administrative penalty authority.
Sec. 6007. Restrictions on ex parte communications.
Sec. 6008. Clarifying authority of FEC attorneys to represent FEC in
Supreme Court.
Sec. 6009. Requiring forms to permit use of accent marks.
Sec. 6010. Extension of statute of limitations for offenses under
Federal Election Campaign Act of 1971.
Sec. 6011. Effective date; transition.
Subtitle B--Stopping Super PAC-Candidate Coordination
Sec. 6101. Short title.
Sec. 6102. Clarification of treatment of coordinated expenditures as
contributions to candidates.
Sec. 6103. Clarification of ban on fundraising for super PACs by
Federal candidates and officeholders.
Subtitle C--Disposal of Contributions or Donations
Sec. 6201. Timeframe for and prioritization of disposal of
contributions or donations.
Sec. 6202. 1-year transition period for certain individuals.
Subtitle D--Recommendations to Ensure Filing of Reports Before Date of
Election
Sec. 6301. Recommendations to ensure filing of reports before date of
election.
Subtitle E--Severability
Sec. 6401. Severability.
Subtitle A--Restoring Integrity to America's Elections
SEC. 6001. SHORT TITLE.
This subtitle may be cited as the ``Restoring Integrity to
America's Elections Act''.
SEC. 6002. MEMBERSHIP OF FEDERAL ELECTION COMMISSION.
(a) Reduction in Number of Members; Removal of Secretary of Senate
and Clerk of House as Ex Officio Members.--
(1) In general; quorum.--Section 306(a)(1) of the Federal
Election Campaign Act of 1971 (52 U.S.C. 30106(a)(1)) is
amended by striking the second and third sentences and
inserting the following: ``The Commission is composed of 5
members appointed by the President by and with the advice and
consent of the Senate, of whom no more than 2 may be affiliated
with the same political party. A member shall be treated as
affiliated with a political party if the member was affiliated,
including as a registered voter, employee, consultant, donor,
officer, or attorney, with such political party or any of its
candidates or elected public officials at any time during the
5-year period ending on the date on which such individual is
nominated to be a member of the Commission. A majority of the
number of members of the Commission who are serving at the time
shall constitute a quorum.''.
(2) Conforming amendments relating to reduction in number
of members.--(A) Section 306(c) of such Act (52 U.S.C.
30106(c)) is amended by striking the period at the end of the
first sentence and all that follows and inserting the
following: ``, except that an affirmative vote of a majority of
the members of the Commission who are serving at the time shall
be required in order for the Commission to take any action in
accordance with paragraph (6), (7), (8), or (9) of section
307(a) or with chapter 95 or chapter 96 of the Internal Revenue
Code of 1986. A member of the Commission may not delegate to
any person his or her vote or any decisionmaking authority or
duty vested in the Commission by the provisions of this Act''.
(B) Such Act is further amended by striking ``affirmative
vote of 4 of its members'' and inserting ``affirmative vote of
a majority of the members of the Commission who are serving at
the time'' each place it appears in the following sections:
(i) Section 309(a)(2) (52 U.S.C. 30109(a)(2)).
(ii) Section 309(a)(4)(A)(i) (52 U.S.C.
30109(a)(4)(A)(i)).
(iii) Section 309(a)(5)(C) (52 U.S.C.
30109(a)(5)(C)).
(iv) Section 309(a)(6)(A) (52 U.S.C.
30109(a)(6)(A)).
(v) Section 311(b) (52 U.S.C. 30111(b)).
(3) Conforming amendment relating to removal of ex officio
members.--Section 306(a) of such Act (52 U.S.C. 30106(a)) is
amended by striking ``(other than the Secretary of the Senate
and the Clerk of the House of Representatives)'' each place it
appears in paragraphs (4) and (5).
(b) Terms of Service.--Section 306(a)(2) of such Act (52 U.S.C.
30106(a)(2)) is amended to read as follows:
``(2) Terms of service.--
``(A) In general.--Each member of the Commission
shall serve for a single term of 6 years.
``(B) Special rule for initial appointments.--Of
the members first appointed to serve terms that begin
in January 2022, the President shall designate 2 to
serve for a 3-year term.
``(C) No reappointment permitted.--An individual
who served a term as a member of the Commission may not
serve for an additional term, except that--
``(i) an individual who served a 3-year
term under subparagraph (B) may also be
appointed to serve a 6-year term under
subparagraph (A); and
``(ii) for purposes of this subparagraph,
an individual who is appointed to fill a
vacancy under subparagraph (D) shall not be
considered to have served a term if the portion
of the unexpired term the individual fills is
less than 50 percent of the period of the term.
``(D) Vacancies.--Any vacancy occurring in the
membership of the Commission shall be filled in the
same manner as in the case of the original appointment.
Except as provided in subparagraph (C), an individual
appointed to fill a vacancy occurring other than by the
expiration of a term of office shall be appointed only
for the unexpired term of the member he or she
succeeds.
``(E) Limitation on service after expiration of
term.--A member of the Commission may continue to serve
on the Commission after the expiration of the member's
term for an additional period, but only until the
earlier of--
``(i) the date on which the member's
successor has taken office as a member of the
Commission; or
``(ii) the expiration of the 1-year period
that begins on the last day of the member's
term.''.
(c) Qualifications.--Section 306(a)(3) of such Act (52 U.S.C.
30106(a)(3)) is amended to read as follows:
``(3) Qualifications.--
``(A) In general.--The President may select an
individual for service as a member of the Commission if
the individual has experience in election law and has a
demonstrated record of integrity, impartiality, and
good judgment.
``(B) Assistance of blue ribbon advisory panel.--
``(i) In general.--Prior to the regularly
scheduled expiration of the term of a member of
the Commission and upon the occurrence of a
vacancy in the membership of the Commission
prior to the expiration of a term, the
President shall convene a Blue Ribbon Advisory
Panel that includes individuals representing
each major political party and individuals who
are independent of a political party and that
consists of an odd number of individuals
selected by the President from retired Federal
judges, former law enforcement officials, or
individuals with experience in election law,
except that the President may not select any
individual to serve on the panel who holds any
public office at the time of selection. The
President shall also make reasonable efforts to
encourage racial, ethnic, and gender diversity
on the panel.
``(ii) Recommendations.--With respect to
each member of the Commission whose term is
expiring or each vacancy in the membership of
the Commission (as the case may be), the Blue
Ribbon Advisory Panel shall recommend to the
President at least one but not more than 3
individuals for nomination for appointment as a
member of the Commission.
``(iii) Publication.--At the time the
President submits to the Senate the nominations
for individuals to be appointed as members of
the Commission, the President shall publish the
Blue Ribbon Advisory Panel's recommendations
for such nominations.
``(iv) Exemption from federal advisory
committee act.--The Federal Advisory Committee
Act (5 U.S.C. App.) does not apply to a Blue
Ribbon Advisory Panel convened under this
subparagraph.
``(C) Prohibiting engagement with other business or
employment during service.--A member of the Commission
shall not engage in any other business, vocation, or
employment. Any individual who is engaging in any other
business, vocation, or employment at the time of his or
her appointment to the Commission shall terminate or
liquidate such activity no later than 90 days after
such appointment.''.
SEC. 6003. ASSIGNMENT OF POWERS TO CHAIR OF FEDERAL ELECTION
COMMISSION.
(a) Appointment of Chair by President.--
(1) In general.--Section 306(a)(5) of the Federal Election
Campaign Act of 1971 (52 U.S.C. 30106(a)(5)) is amended to read
as follows:
``(5) Chair.--
``(A) Initial appointment.--Of the members first
appointed to serve terms that begin in January 2022,
one such member (as designated by the President at the
time the President submits nominations to the Senate)
shall serve as Chair of the Commission.
``(B) Subsequent appointments.--Any individual who
is appointed to succeed the member who serves as Chair
of the Commission for the term beginning in January
2022 (as well as any individual who is appointed to
fill a vacancy if such member does not serve a full
term as Chair) shall serve as Chair of the Commission.
``(C) Vice chair.--The Commission shall select, by
majority vote of its members, one of its members to
serve as Vice Chair, who shall act as Chair in the
absence or disability of the Chair or in the event of a
vacancy in the position of Chair.''.
(2) Conforming amendment.--Section 309(a)(2) of such Act
(52 U.S.C. 30109(a)(2)) is amended by striking ``through its
chairman or vice chairman'' and inserting ``through the
Chair''.
(b) Powers.--
(1) Assignment of certain powers to chair.--Section 307(a)
of such Act (52 U.S.C. 30107(a)) is amended to read as follows:
``(a) Distribution of Powers Between Chair and Commission.--
``(1) Powers assigned to chair.--
``(A) Administrative powers.--The Chair of the
Commission shall be the chief administrative officer of
the Commission and shall have the authority to
administer the Commission and its staff, and (in
consultation with the other members of the Commission)
shall have the power--
``(i) to appoint and remove the staff
director of the Commission;
``(ii) to request the assistance (including
personnel and facilities) of other agencies and
departments of the United States, whose heads
may make such assistance available to the
Commission with or without reimbursement; and
``(iii) to prepare and establish the budget
of the Commission and to make budget requests
to the President, the Director of the Office of
Management and Budget, and Congress.
``(B) Other powers.--The Chair of the Commission
shall have the power--
``(i) to appoint and remove the general
counsel of the Commission with the concurrence
of at least 2 other members of the Commission;
``(ii) to require by special or general
orders, any person to submit, under oath, such
written reports and answers to questions as the
Chair may prescribe;
``(iii) to administer oaths or
affirmations;
``(iv) to require by subpoena, signed by
the Chair, the attendance and testimony of
witnesses and the production of all documentary
evidence relating to the execution of its
duties;
``(v) in any proceeding or investigation,
to order testimony to be taken by deposition
before any person who is designated by the
Chair, and shall have the power to administer
oaths and, in such instances, to compel
testimony and the production of evidence in the
same manner as authorized under clause (iv);
and
``(vi) to pay witnesses the same fees and
mileage as are paid in like circumstances in
the courts of the United States.
``(2) Powers assigned to commission.--The Commission shall
have the power--
``(A) to initiate (through civil actions for
injunctive, declaratory, or other appropriate relief),
defend (in the case of any civil action brought under
section 309(a)(8) of this Act) or appeal (including a
proceeding before the Supreme Court on certiorari) any
civil action in the name of the Commission to enforce
the provisions of this Act and chapter 95 and chapter
96 of the Internal Revenue Code of 1986, through its
general counsel;
``(B) to render advisory opinions under section 308
of this Act;
``(C) to develop such prescribed forms and to make,
amend, and repeal such rules, pursuant to the
provisions of chapter 5 of title 5, United States Code,
as are necessary to carry out the provisions of this
Act and chapter 95 and chapter 96 of the Internal
Revenue Code of 1986;
``(D) to conduct investigations and hearings
expeditiously, to encourage voluntary compliance, and
to report apparent violations to the appropriate law
enforcement authorities; and
``(E) to transmit to the President and Congress not
later than June 1 of each year a report which states in
detail the activities of the Commission in carrying out
its duties under this Act, and which includes any
recommendations for any legislative or other action the
Commission considers appropriate.
``(3) Permitting commission to exercise other powers of
chair.--With respect to any investigation, action, or
proceeding, the Commission, by an affirmative vote of a
majority of the members who are serving at the time, may
exercise any of the powers of the Chair described in paragraph
(1)(B).''.
(2) Conforming amendments relating to personnel
authority.--Section 306(f) of such Act (52 U.S.C. 30106(f)) is
amended--
(A) by amending the first sentence of paragraph (1)
to read as follows: ``The Commission shall have a staff
director who shall be appointed by the Chair of the
Commission in consultation with the other members and a
general counsel who shall be appointed by the Chair
with the concurrence of at least two other members.'';
(B) in paragraph (2), by striking ``With the
approval of the Commission'' and inserting ``With the
approval of the Chair of the Commission''; and
(C) by striking paragraph (3).
(3) Conforming amendment relating to budget submission.--
Section 307(d)(1) of such Act (52 U.S.C. 30107(d)(1)) is
amended by striking ``the Commission submits any budget'' and
inserting ``the Chair (or, pursuant to subsection (a)(3), the
Commission) submits any budget''.
(4) Other conforming amendments.--Section 306(c) of such
Act (52 U.S.C. 30106(c)) is amended by striking ``All
decisions'' and inserting ``Subject to section 307(a), all
decisions''.
(5) Technical amendment.--The heading of section 307 of
such Act (52 U.S.C. 30107) is amended by striking ``the
commission'' and inserting ``the chair and the commission''.
SEC. 6004. REVISION TO ENFORCEMENT PROCESS.
(a) Standard for Initiating Investigations and Determining Whether
Violations Have Occurred.--
(1) Revision of standards.--Section 309(a) of the Federal
Election Campaign Act of 1971 (52 U.S.C. 30109(a)) is amended
by striking paragraphs (2) and (3) and inserting the following:
``(2)(A) The general counsel, upon receiving a complaint filed with
the Commission under paragraph (1) or upon the basis of information
ascertained by the Commission in the normal course of carrying out its
supervisory responsibilities, shall make a determination as to whether
or not there is reason to believe that a person has committed, or is
about to commit, a violation of this Act or chapter 95 or chapter 96 of
the Internal Revenue Code of 1986, and as to whether or not the
Commission should either initiate an investigation of the matter or
that the complaint should be dismissed. The general counsel shall
promptly provide notification to the Commission of such determination
and the reasons therefore, together with any written response submitted
under paragraph (1) by the person alleged to have committed the
violation. Upon the expiration of the 30-day period which begins on the
date the general counsel provides such notification, the general
counsel's determination shall take effect, unless during such 30-day
period the Commission, by vote of a majority of the members of the
Commission who are serving at the time, overrules the general counsel's
determination. If the determination by the general counsel that the
Commission should investigate the matter takes effect, or if the
determination by the general counsel that the complaint should be
dismissed is overruled as provided under the previous sentence, the
general counsel shall initiate an investigation of the matter on behalf
of the Commission.
``(B) If the Commission initiates an investigation pursuant to
subparagraph (A), the Commission, through the Chair, shall notify the
subject of the investigation of the alleged violation. Such
notification shall set forth the factual basis for such alleged
violation. The Commission shall make an investigation of such alleged
violation, which may include a field investigation or audit, in
accordance with the provisions of this section. The general counsel
shall provide notification to the Commission of any intent to issue a
subpoena or conduct any other form of discovery pursuant to the
investigation. Upon the expiration of the 15-day period which begins on
the date the general counsel provides such notification, the general
counsel may issue the subpoena or conduct the discovery, unless during
such 15-day period the Commission, by vote of a majority of the members
of the Commission who are serving at the time, prohibits the general
counsel from issuing the subpoena or conducting the discovery.
``(3)(A) Upon completion of an investigation under paragraph (2),
the general counsel shall promptly submit to the Commission the general
counsel's recommendation that the Commission find either that there is
probable cause or that there is not probable cause to believe that a
person has committed, or is about to commit, a violation of this Act or
chapter 95 or chapter 96 of the Internal Revenue Code of 1986, and
shall include with the recommendation a brief stating the position of
the general counsel on the legal and factual issues of the case.
``(B) At the time the general counsel submits to the Commission the
recommendation under subparagraph (A), the general counsel shall
simultaneously notify the respondent of such recommendation and the
reasons therefore, shall provide the respondent with an opportunity to
submit a brief within 30 days stating the position of the respondent on
the legal and factual issues of the case and replying to the brief of
the general counsel. The general counsel shall promptly submit such
brief to the Commission upon receipt.
``(C) Not later than 30 days after the general counsel submits the
recommendation to the Commission under subparagraph (A) (or, if the
respondent submits a brief under subparagraph (B), not later than 30
days after the general counsel submits the respondent's brief to the
Commission under such subparagraph), the Commission shall approve or
disapprove the recommendation by vote of a majority of the members of
the Commission who are serving at the time.''.
(2) Conforming amendment relating to initial response to
filing of complaint.--Section 309(a)(1) of such Act (52 U.S.C.
30109(a)(1)) is amended--
(A) in the third sentence, by striking ``the
Commission'' and inserting ``the general counsel''; and
(B) by amending the fourth sentence to read as
follows: ``Not later than 15 days after receiving
notice from the general counsel under the previous
sentence, the person may provide the general counsel
with a written response that no action should be taken
against such person on the basis of the complaint.''.
(b) Revision of Standard for Review of Dismissal of Complaints.--
(1) In general.--Section 309(a)(8) of such Act (52 U.S.C.
30109(a)(8)) is amended to read as follows:
``(8)(A)(i) Any party aggrieved by an order of the Commission
dismissing a complaint filed by such party may file a petition with the
United States District Court for the District of Columbia. Any petition
under this subparagraph shall be filed within 60 days after the date on
which the party received notice of the dismissal of the complaint.
``(ii) In any proceeding under this subparagraph, the court shall
determine by de novo review whether the agency's dismissal of the
complaint is contrary to law. In any matter in which the penalty for
the alleged violation is greater than $50,000, the court should
disregard any claim or defense by the Commission of prosecutorial
discretion as a basis for dismissing the complaint.
``(B)(i) Any party who has filed a complaint with the Commission
and who is aggrieved by a failure of the Commission, within one year
after the filing of the complaint, to either dismiss the complaint or
to find reason to believe a violation has occurred or is about to
occur, may file a petition with the United States District Court for
the District of Columbia.
``(ii) In any proceeding under this subparagraph, the court shall
treat the failure to act on the complaint as a dismissal of the
complaint, and shall determine by de novo review whether the agency's
failure to act on the complaint is contrary to law.
``(C) In any proceeding under this paragraph the court may declare
that the dismissal of the complaint or the failure to act is contrary
to law, and may direct the Commission to conform with such declaration
within 30 days, failing which the complainant may bring, in the name of
such complainant, a civil action to remedy the violation involved in
the original complaint.''.
(2) Effective date.--The amendments made by paragraph (1)
shall apply--
(A) in the case of complaints which are dismissed
by the Federal Election Commission, with respect to
complaints which are dismissed on or after the date of
the enactment of this Act; and
(B) in the case of complaints upon which the
Federal Election Commission failed to act, with respect
to complaints which were filed on or after the date of
the enactment of this Act.
SEC. 6005. PERMITTING APPEARANCE AT HEARINGS ON REQUESTS FOR ADVISORY
OPINIONS BY PERSONS OPPOSING THE REQUESTS.
(a) In General.--Section 308 of such Act (52 U.S.C. 30108) is
amended by adding at the end the following new subsection:
``(e) To the extent that the Commission provides an opportunity for
a person requesting an advisory opinion under this section (or counsel
for such person) to appear before the Commission to present testimony
in support of the request, and the person (or counsel) accepts such
opportunity, the Commission shall provide a reasonable opportunity for
an interested party who submitted written comments under subsection (d)
in response to the request (or counsel for such interested party) to
appear before the Commission to present testimony in response to the
request.''.
(b) Effective Date.--The amendment made by subsection (a) shall
apply with respect to requests for advisory opinions under section 308
of the Federal Election Campaign Act of 1971 which are made on or after
the date of the enactment of this Act.
SEC. 6006. PERMANENT EXTENSION OF ADMINISTRATIVE PENALTY AUTHORITY.
(a) Extension of Authority.--Section 309(a)(4)(C)(v) of the Federal
Election Campaign Act of 1971 (52 U.S.C. 30109(a)(4)(C)(v)) is amended
by striking ``, and that end on or before December 31, 2023''.
(b) Effective Date.--The amendment made by subsection (a) shall
take effect on December 31, 2021.
SEC. 6007. RESTRICTIONS ON EX PARTE COMMUNICATIONS.
Section 306(e) of the Federal Election Campaign Act of 1971 (52
U.S.C. 30106(e)) is amended--
(1) by striking ``(e) The Commission'' and inserting
``(e)(1) The Commission''; and
(2) by adding at the end the following new paragraph:
``(2) Members and employees of the Commission shall be subject to
limitations on ex parte communications, as provided in the regulations
promulgated by the Commission regarding such communications which are
in effect on the date of the enactment of this paragraph.''.
SEC. 6008. CLARIFYING AUTHORITY OF FEC ATTORNEYS TO REPRESENT FEC IN
SUPREME COURT.
(a) Clarifying Authority.--Section 306(f)(4) of the Federal
Election Campaign Act of 1971 (52 U.S.C. 30106(f)(4)) is amended by
striking ``any action instituted under this Act, either (A) by
attorneys'' and inserting ``any action instituted under this Act,
including an action before the Supreme Court of the United States,
either (A) by the General Counsel of the Commission and other
attorneys''.
(b) Effective Date.--The amendment made by paragraph (1) shall
apply with respect to actions instituted before, on, or after the date
of the enactment of this Act.
SEC. 6009. REQUIRING FORMS TO PERMIT USE OF ACCENT MARKS.
(a) Requirement.--Section 311(a)(1) of the Federal Election
Campaign Act of 1971 (52 U.S.C. 30111(a)(1)) is amended by striking the
semicolon at the end and inserting the following: ``, and shall ensure
that all such forms (including forms in an electronic format) permit
the person using the form to include an accent mark as part of the
person's identification;''.
(b) Effective Date.--The amendment made by subsection (a) shall
take effect upon the expiration of the 90-day period which begins on
the date of the enactment of this Act.
SEC. 6010. EXTENSION OF STATUTE OF LIMITATIONS FOR OFFENSES UNDER
FEDERAL ELECTION CAMPAIGN ACT OF 1971.
(a) Civil Offenses.--Section 309(a) of the Federal Election
Campaign Act of 1971 (52 U.S.C. 30109(a)) is amended by inserting after
paragraph (9) the following new paragraph:
``(10) No person shall be subject to a civil penalty under this
subsection with respect to a violation of this Act unless a complaint
is filed with the Commission with respect to the violation under
paragraph (1), or the Commission responds to information with respect
to the violation which is ascertained in the normal course of carrying
out its supervisory responsibilities under paragraph (2), not later
than 15 years after the date on which the violation occurred.''.
(b) Criminal Offenses.--Section 406(a) of such Act (52 U.S.C.
30145(a)) is amended by striking ``5 years'' and inserting ``10
years''.
(c) Effective Date.--The amendments made by this section shall
apply with respect to violations occurring on or after the date of the
enactment of this Act.
SEC. 6011. EFFECTIVE DATE; TRANSITION.
(a) In General.--Except as otherwise provided, the amendments made
by this subtitle shall apply beginning January 1, 2022.
(b) Transition.--
(1) Termination of service of current members.--
Notwithstanding any provision of the Federal Election Campaign
Act of 1971, the term of any individual serving as a member of
the Federal Election Commission as of December 31, 2021, shall
expire on that date.
(2) No effect on existing cases or proceedings.--Nothing in
this subtitle or in any amendment made by this subtitle shall
affect any of the powers exercised by the Federal Election
Commission prior to December 31, 2021, including any
investigation initiated by the Commission prior to such date or
any proceeding (including any enforcement action) pending as of
such date.
Subtitle B--Stopping Super PAC-Candidate Coordination
SEC. 6101. SHORT TITLE.
This subtitle may be cited as the ``Stop Super PAC-Candidate
Coordination Act''.
SEC. 6102. CLARIFICATION OF TREATMENT OF COORDINATED EXPENDITURES AS
CONTRIBUTIONS TO CANDIDATES.
(a) Treatment as Contribution to Candidate.--Section 301(8)(A) of
the Federal Election Campaign Act of 1971 (52 U.S.C. 30101(8)(A)) is
amended--
(1) by striking ``or'' at the end of clause (i);
(2) by striking the period at the end of clause (ii) and
inserting ``; or''; and
(3) by adding at the end the following new clause:
``(iii) any payment made by any person (other than
a candidate, an authorized committee of a candidate, or
a political committee of a political party) for a
coordinated expenditure (as such term is defined in
section 326) which is not otherwise treated as a
contribution under clause (i) or clause (ii).''.
(b) Definitions.--Title III of such Act (52 U.S.C. 30101 et seq.),
as amended by section 4421 and section 4802(a), is amended by adding at
the end the following new section:
``SEC. 327. PAYMENTS FOR COORDINATED EXPENDITURES.
``(a) Coordinated Expenditures.--
``(1) In general.--For purposes of section 301(8)(A)(iii),
the term `coordinated expenditure' means--
``(A) any expenditure, or any payment for a covered
communication described in subsection (d), which is
made in cooperation, consultation, or concert with, or
at the request or suggestion of, a candidate, an
authorized committee of a candidate, a political
committee of a political party, or agents of the
candidate or committee, as defined in subsection (b);
or
``(B) any payment for any communication which
republishes, disseminates, or distributes, in whole or
in part, any video or broadcast or any written,
graphic, or other form of campaign material prepared by
the candidate or committee or by agents of the
candidate or committee (including any excerpt or use of
any video from any such broadcast or written, graphic,
or other form of campaign material).
``(2) Exception for payments for certain communications.--A
payment for a communication (including a covered communication
described in subsection (d)) shall not be treated as a
coordinated expenditure under this subsection if--
``(A) the communication appears in a news story,
commentary, or editorial distributed through the
facilities of any broadcasting station, newspaper,
magazine, or other periodical publication, unless such
facilities are owned or controlled by any political
party, political committee, or candidate; or
``(B) the communication constitutes a candidate
debate or forum conducted pursuant to regulations
adopted by the Commission pursuant to section
304(f)(3)(B)(iii), or which solely promotes such a
debate or forum and is made by or on behalf of the
person sponsoring the debate or forum.
``(b) Coordination Described.--
``(1) In general.--For purposes of this section, a payment
is made `in cooperation, consultation, or concert with, or at
the request or suggestion of,' a candidate, an authorized
committee of a candidate, a political committee of a political
party, or agents of the candidate or committee, if the payment,
or any communication for which the payment is made, is not made
entirely independently of the candidate, committee, or agents.
For purposes of the previous sentence, a payment or
communication not made entirely independently of the candidate
or committee includes any payment or communication made
pursuant to any general or particular understanding with, or
pursuant to any communication with, the candidate, committee,
or agents about the payment or communication.
``(2) No finding of coordination based solely on sharing of
information regarding legislative or policy position.--For
purposes of this section, a payment shall not be considered to
be made by a person in cooperation, consultation, or concert
with, or at the request or suggestion of, a candidate or
committee, solely on the grounds that the person or the
person's agent engaged in discussions with the candidate or
committee, or with any agent of the candidate or committee,
regarding that person's position on a legislative or policy
matter (including urging the candidate or committee to adopt
that person's position), so long as there is no communication
between the person and the candidate or committee, or any agent
of the candidate or committee, regarding the candidate's or
committee's campaign advertising, message, strategy, policy,
polling, allocation of resources, fundraising, or other
campaign activities.
``(3) No effect on party coordination standard.--Nothing in
this section shall be construed to affect the determination of
coordination between a candidate and a political committee of a
political party for purposes of section 315(d).
``(4) No safe harbor for use of firewall.--A person shall
be determined to have made a payment in cooperation,
consultation, or concert with, or at the request or suggestion
of, a candidate or committee, in accordance with this section
without regard to whether or not the person established and
used a firewall or similar procedures to restrict the sharing
of information between individuals who are employed by or who
are serving as agents for the person making the payment.
``(c) Payments by Coordinated Spenders for Covered
Communications.--
``(1) Payments made in cooperation, consultation, or
concert with candidates.--For purposes of subsection (a)(1)(A),
if the person who makes a payment for a covered communication,
as defined in subsection (d), is a coordinated spender under
paragraph (2) with respect to the candidate as described in
subsection (d)(1), the payment for the covered communication is
made in cooperation, consultation, or concert with the
candidate.
``(2) Coordinated spender defined.--For purposes of this
subsection, the term `coordinated spender' means, with respect
to a candidate or an authorized committee of a candidate, a
person (other than a political committee of a political party)
for which any of the following applies:
``(A) During the 4-year period ending on the date
on which the person makes the payment, the person was
directly or indirectly formed or established by or at
the request or suggestion of, or with the encouragement
of, the candidate (including an individual who later
becomes a candidate) or committee or agents of the
candidate or committee, including with the approval of
the candidate or committee or agents of the candidate
or committee.
``(B) The candidate or committee or any agent of
the candidate or committee solicits funds, appears at a
fundraising event, or engages in other fundraising
activity on the person's behalf during the election
cycle involved, including by providing the person with
names of potential donors or other lists to be used by
the person in engaging in fundraising activity,
regardless of whether the person pays fair market value
for the names or lists provided. For purposes of this
subparagraph, the term `election cycle' means, with
respect to an election for Federal office, the period
beginning on the day after the date of the most recent
general election for that office (or, if the general
election resulted in a runoff election, the date of the
runoff election) and ending on the date of the next
general election for that office (or, if the general
election resulted in a runoff election, the date of the
runoff election).
``(C) The person is established, directed, or
managed by the candidate or committee or by any person
who, during the 4-year period ending on the date on
which the person makes the payment, has been employed
or retained as a political, campaign media, or
fundraising adviser or consultant for the candidate or
committee or for any other entity directly or
indirectly controlled by the candidate or committee, or
has held a formal position with the candidate or
committee (including a position as an employee of the
office of the candidate at any time the candidate held
any Federal, State, or local public office during the
4-year period).
``(D) The person has retained the professional
services of any person who, during the 2-year period
ending on the date on which the person makes the
payment, has provided or is providing professional
services relating to the campaign to the candidate or
committee, without regard to whether the person
providing the professional services used a firewall.
For purposes of this subparagraph, the term
`professional services' includes any services in
support of the candidate's or committee's campaign
activities, including advertising, message, strategy,
policy, polling, allocation of resources, fundraising,
and campaign operations, but does not include
accounting or legal services.
``(E) The person is established, directed, or
managed by a member of the immediate family of the
candidate, or the person or any officer or agent of the
person has had more than incidental discussions about
the candidate's campaign with a member of the immediate
family of the candidate. For purposes of this
subparagraph, the term `immediate family' has the
meaning given such term in section 9004(e) of the
Internal Revenue Code of 1986.
``(d) Covered Communication Defined.--
``(1) In general.--For purposes of this section, the term
`covered communication' means, with respect to a candidate or
an authorized committee of a candidate, a public communication
(as defined in section 301(22)) which--
``(A) expressly advocates the election of the
candidate or the defeat of an opponent of the candidate
(or contains the functional equivalent of express
advocacy);
``(B) promotes or supports the election of the
candidate, or attacks or opposes the election of an
opponent of the candidate (regardless of whether the
communication expressly advocates the election or
defeat of a candidate or contains the functional
equivalent of express advocacy); or
``(C) refers to the candidate or an opponent of the
candidate but is not described in subparagraph (A) or
subparagraph (B), but only if the communication is
disseminated during the applicable election period.
``(2) Applicable election period.--In paragraph (1)(C), the
`applicable election period' with respect to a communication
means--
``(A) in the case of a communication which refers
to a candidate in a general, special, or runoff
election, the 120-day period which ends on the date of
the election; or
``(B) in the case of a communication which refers
to a candidate in a primary or preference election, or
convention or caucus of a political party that has
authority to nominate a candidate, the 60-day period
which ends on the date of the election or convention or
caucus.
``(3) Special rules for communications involving
congressional candidates.--For purposes of this subsection, a
public communication shall not be considered to be a covered
communication with respect to a candidate for election for an
office other than the office of President or Vice President
unless it is publicly disseminated or distributed in the
jurisdiction of the office the candidate is seeking.
``(e) Penalty.--
``(1) Determination of amount.--Any person who knowingly
and willfully commits a violation of this Act by making a
contribution which consists of a payment for a coordinated
expenditure shall be fined an amount equal to the greater of--
``(A) in the case of a person who makes a
contribution which consists of a payment for a
coordinated expenditure in an amount exceeding the
applicable contribution limit under this Act, 300
percent of the amount by which the amount of the
payment made by the person exceeds such applicable
contribution limit; or
``(B) in the case of a person who is prohibited
under this Act from making a contribution in any
amount, 300 percent of the amount of the payment made
by the person for the coordinated expenditure.
``(2) Joint and several liability.--Any director, manager,
or officer of a person who is subject to a penalty under
paragraph (1) shall be jointly and severally liable for any
amount of such penalty that is not paid by the person prior to
the expiration of the 1-year period which begins on the date
the Commission imposes the penalty or the 1-year period which
begins on the date of the final judgment following any judicial
review of the Commission's action, whichever is later.''.
(c) Effective Date.--
(1) Repeal of existing regulations on coordination.--
Effective upon the expiration of the 90-day period which begins
on the date of the enactment of this Act--
(A) the regulations on coordinated communications
adopted by the Federal Election Commission which are in
effect on the date of the enactment of this Act (as set
forth in 11 CFR Part 109, Subpart C, under the heading
``Coordination'') are repealed; and
(B) the Federal Election Commission shall
promulgate new regulations on coordinated
communications which reflect the amendments made by
this Act.
(2) Effective date.--The amendments made by this section
shall apply with respect to payments made on or after the
expiration of the 120-day period which begins on the date of
the enactment of this Act, without regard to whether or not the
Federal Election Commission has promulgated regulations in
accordance with paragraph (1)(B) as of the expiration of such
period.
SEC. 6103. CLARIFICATION OF BAN ON FUNDRAISING FOR SUPER PACS BY
FEDERAL CANDIDATES AND OFFICEHOLDERS.
(a) In General.--Section 323(e)(1) of the Federal Election Campaign
Act of 1971 (52 U.S.C. 30125(e)(1)) is amended--
(1) by striking ``or'' at the end of subparagraph (A);
(2) by striking the period at the end of subparagraph (B)
and inserting ``; or''; and
(3) by adding at the end the following new subparagraph:
``(C) solicit, receive, direct, or transfer funds
to or on behalf of any political committee which
accepts donations or contributions that do not comply
with the limitations, prohibitions, and reporting
requirements of this Act (or to or on behalf of any
account of a political committee which is established
for the purpose of accepting such donations or
contributions), or to or on behalf of any political
organization under section 527 of the Internal Revenue
Code of 1986 which accepts such donations or
contributions (other than a committee of a State or
local political party or a candidate for election for
State or local office).''.
(b) Effective Date.--The amendment made by subsection (a) shall
apply with respect to elections occurring after January 1, 2022.
Subtitle C--Disposal of Contributions or Donations
SEC. 6201. TIMEFRAME FOR AND PRIORITIZATION OF DISPOSAL OF
CONTRIBUTIONS OR DONATIONS.
Section 313 of the Federal Election Campaign Act of 1971 (52 U.S.C.
30114), as amended by section 5113 and section 5302, is amended--
(1) by redesignating subsections (c), (d), and (e) as
subsections (d), (e), and (f), respectively; and
(2) by inserting after subsection (b) the following new
subsection:
``(c) Disposal.--
``(1) Timeframe.--Contributions or donations described in
subsection (a) may only be used--
``(A) in the case of an individual who is not a
candidate with respect to an election for any Federal
office for a 6-year period beginning on the day after
the date of the most recent such election in which the
individual was a candidate for any such office, during
such 6-year period;
``(B) in the case of an individual who becomes a
registered lobbyist under the Lobbying Disclosure Act
of 1995, before the date on which such individual
becomes such a registered lobbyist; or
``(C) in the case of an individual who becomes an
agent of a foreign principal that would require
registration under section 2 of the Foreign Agents
Registration Act of 1938, as amended (22 U.S.C. 612),
before the date on which such individual becomes such
an agent of a foreign principal.
``(2) Means of disposal; prioritization.--Beginning on the
date the 6-year period described in subparagraph (A) of
paragraph (1) ends (or, in the case of an individual described
in subparagraph (B) of such paragraph, the date on which the
individual becomes a registered lobbyist under the Lobbying
Disclosure Act of 1995, or, in the case of an individual
described in subparagraph (C) of such paragraph, the date on
which the individual becomes a registered agent of a foreign
principal under the Foreign Agents Registration Act of 1938, as
amended), contributions or donations that remain available to
an individual described in such paragraph shall be disposed of,
not later than 30 days after such date, as follows:
``(A) First, to pay any debts or obligations owed
in connection with the campaign for election for
Federal office of the individual.
``(B) Second, to the extent such contribution or
donations remain available after the application of
subparagraph (A), through any of the following means of
disposal (or a combination thereof), in any order the
individual considers appropriate:
``(i) Returning such contributions or
donations to the individuals, entities, or
both, who made such contributions or donations.
``(ii) Making contributions to an
organization described in section 170(c) of the
Internal Revenue Code of 1986.
``(iii) Making transfers to a national,
State, or local committee of a political
party.''.
SEC. 6202. 1-YEAR TRANSITION PERIOD FOR CERTAIN INDIVIDUALS.
(a) In General.--In the case of an individual described in
subsection (b), any contributions or donations remaining available to
the individual shall be disposed of--
(1) not later than 1 year after the date of the enactment
of this section; and
(2) in accordance with the prioritization specified in
subparagraphs (A) through (D) of subsection (c)(2) of section
313 of the Federal Election Campaign Act of 1971 (52 U.S.C.
30114), as amended by section 6201.
(b) Individuals Described.--An individual described in this
subsection is an individual who, as of the date of the enactment of
this section--
(1)(A) is not a candidate with respect to an election for
any Federal office for a period of not less than 6 years
beginning on the day after the date of the most recent such
election in which the individual was a candidate for any such
office; or
(B) is an individual who becomes a registered lobbyist
under the Lobbying Disclosure Act of 1995; and
(2) would be in violation of subsection (c) of section 313
of the Federal Election Campaign Act of 1971 (52 U.S.C. 30114),
as amended by section 6201.
Subtitle D--Recommendations to Ensure Filing of Reports Before Date of
Election
SEC. 6301. RECOMMENDATIONS TO ENSURE FILING OF REPORTS BEFORE DATE OF
ELECTION.
Not later than 180 days after the date of the enactment of this
Act, the Federal Election Commission shall submit a report to Congress
providing recommendations, including recommendations for changes to
existing law, on how to ensure that each political committee under the
Federal Election Campaign Act of 1971, including a committee which
accepts donations or contributions that do not comply with the
limitations, prohibitions, and reporting requirements of such Act, will
file a report under section 304 of such Act prior to the date of the
election for which the committee receives contributions or makes
disbursements, without regard to the date on which the committee first
registered under such Act, and shall include specific recommendations
to ensure that such committees will not delay until after the date of
the election the reporting of the identification of persons making
contributions that will be used to repay debt incurred by the
committee.
Subtitle E--Severability
SEC. 6401. SEVERABILITY.
If any provision of this title or amendment made by this title, or
the application of a provision or amendment to any person or
circumstance, is held to be unconstitutional, the remainder of this
title and amendments made by this title, and the application of the
provisions and amendment to any person or circumstance, shall not be
affected by the holding.
DIVISION C--ETHICS
TITLE VII--ETHICAL STANDARDS
Subtitle A--Supreme Court Ethics
Sec. 7001. Code of conduct for Federal judges.
Subtitle B--Foreign Agents Registration
Sec. 7101. Establishment of FARA investigation and enforcement unit
within Department of Justice.
Sec. 7102. Authority to impose civil money penalties.
Sec. 7103. Disclosure of transactions involving things of financial
value conferred on officeholders.
Sec. 7104. Ensuring online access to registration statements.
Sec. 7105. Disclaimer requirements for materials posted on online
platforms by agents of foreign principals
on behalf of clients.
Sec. 7106. Clarification of treatment of individuals who engage with
the United States in political activities
for a foreign principal in any place as
agents of foreign principals.
Sec. 7107. Analysis and report on challenges to enforcement of Foreign
Agents Registration Act of 1938.
Subtitle C--Lobbying Disclosure Reform
Sec. 7201. Expanding scope of individuals and activities subject to
requirements of Lobbying Disclosure Act of
1995.
Sec. 7202. Prohibiting receipt of compensation for lobbying activities
on behalf of foreign countries violating
human rights.
Sec. 7203. Requiring lobbyists to disclose status as lobbyists upon
making any lobbying contacts.
Subtitle D--Recusal of Presidential Appointees
Sec. 7301. Recusal of appointees.
Subtitle E--Clearinghouse on Lobbying Information
Sec. 7401. Establishment of clearinghouse.
Subtitle F--Severability
Sec. 7501. Severability.
Subtitle A--Supreme Court Ethics
SEC. 7001. CODE OF CONDUCT FOR FEDERAL JUDGES.
(a) In General.--Chapter 57 of title 28, United States Code, is
amended by adding at the end the following:
``Sec. 964. Code of conduct
``Not later than one year after the date of the enactment of this
section, the Judicial Conference shall issue a code of conduct, which
applies to each justice and judge of the United States, except that the
code of conduct may include provisions that are applicable only to
certain categories of judges or justices.''.
(b) Clerical Amendment.--The table of sections for chapter 57 of
title 28, United States Code, is amended by adding after the item
related to section 963 the following:
``964. Code of conduct.''.
Subtitle B--Foreign Agents Registration
SEC. 7101. ESTABLISHMENT OF FARA INVESTIGATION AND ENFORCEMENT UNIT
WITHIN DEPARTMENT OF JUSTICE.
Section 8 of the Foreign Agents Registration Act of 1938, as
amended (22 U.S.C. 618) is amended by adding at the end the following
new subsection:
``(i) Dedicated Enforcement Unit.--
``(1) Establishment.--Not later than 180 days after the
date of enactment of this subsection, the Attorney General
shall establish a unit within the counterespionage section of
the National Security Division of the Department of Justice
with responsibility for the enforcement of this Act.
``(2) Powers.--The unit established under this subsection
is authorized to--
``(A) take appropriate legal action against
individuals suspected of violating this Act; and
``(B) coordinate any such legal action with the
United States Attorney for the relevant jurisdiction.
``(3) Consultation.--In operating the unit established
under this subsection, the Attorney General shall, as
appropriate, consult with the Director of National
Intelligence, the Secretary of Homeland Security, and the
Secretary of State.
``(4) Authorization of appropriations.--There are
authorized to be appropriated to carry out the activities of
the unit established under this subsection $10,000,000 for
fiscal year 2021 and each succeeding fiscal year.''.
SEC. 7102. AUTHORITY TO IMPOSE CIVIL MONEY PENALTIES.
(a) Establishing Authority.--Section 8 of the Foreign Agents
Registration Act of 1938, as amended (22 U.S.C. 618) is amended by
inserting after subsection (c) the following new subsection:
``(d) Civil Money Penalties.--
``(1) Registration statements.--Whoever fails to file
timely or complete a registration statement as provided under
section 2(a) shall be subject to a civil money penalty of not
more than $10,000 per violation.
``(2) Supplements.--Whoever fails to file timely or
complete supplements as provided under section 2(b) shall be
subject to a civil money penalty of not more than $1,000 per
violation.
``(3) Other violations.--Whoever knowingly fails to--
``(A) remedy a defective filing within 60 days
after notice of such defect by the Attorney General; or
``(B) comply with any other provision of this Act,
shall upon proof of such knowing violation by a preponderance
of the evidence, be subject to a civil money penalty of not
more than $200,000, depending on the extent and gravity of the
violation.
``(4) No fines paid by foreign principals.--A civil money
penalty paid under paragraph (1) may not be paid, directly or
indirectly, by a foreign principal.
``(5) Use of fines.--All civil money penalties collected
under this subsection shall be used to defray the cost of the
enforcement unit established under subsection (i).''.
(b) Effective Date.--The amendment made by subsection (a) shall
take effect on the date of the enactment of this Act.
SEC. 7103. DISCLOSURE OF TRANSACTIONS INVOLVING THINGS OF FINANCIAL
VALUE CONFERRED ON OFFICEHOLDERS.
(a) Requiring Agents To Disclose Known Transactions.--
(1) In general.--Section 2(a) of the Foreign Agents
Registration Act of 1938, as amended (22 U.S.C. 612(a)) is
amended--
(A) by redesignating paragraphs (10) and (11) as
paragraphs (11) and (12); and
(B) by inserting after paragraph (9) the following
new paragraph:
``(10) To the extent that the registrant has knowledge of
any transaction which occurred in the preceding 60 days and in
which the foreign principal for whom the registrant is acting
as an agent conferred on a Federal or State officeholder any
thing of financial value, including a gift, profit, salary,
favorable regulatory treatment, or any other direct or indirect
economic or financial benefit, a detailed statement describing
each such transaction.''.
(2) Effective date.--The amendments made by paragraph (1)
shall apply with respect to statements filed on or after the
expiration of the 90-day period which begins on the date of the
enactment of this Act.
(b) Supplemental Disclosure for Current Registrants.--Not later
than the expiration of the 90-day period which begins on the date of
the enactment of this Act, each registrant who (prior to the expiration
of such period) filed a registration statement with the Attorney
General under section 2(a) of the Foreign Agents Registration Act of
1938, as amended (22 U.S.C. 612(a)) and who has knowledge of any
transaction described in paragraph (10) of section 2(a) of such Act (as
added by subsection (a)(1)) which occurred at any time during which the
registrant was an agent of the foreign principal involved, shall file
with the Attorney General a supplement to such statement under oath, on
a form prescribed by the Attorney General, containing a detailed
statement describing each such transaction.
SEC. 7104. ENSURING ONLINE ACCESS TO REGISTRATION STATEMENTS.
(a) Requiring Statements Filed by Registrants To Be in Digitized
Format.--Section 2(g) of the Foreign Agents Registration Act of 1938,
as amended (22 U.S.C. 612(g)) is amended by striking ``in electronic
form'' and inserting ``in a digitized format which will enable the
Attorney General to meet the requirements of section 6(d)(1) (relating
to public access to an electronic database of statements and
updates)''.
(b) Requirements for Electronic Database of Registration Statements
and Updates.--Section 6(d)(1) of such Act (22 U.S.C. 616(d)(1)) is
amended--
(1) in the matter preceding subparagraph (A), by striking
``to the extent technically practicable,''; and
(2) in subparagraph (A), by striking ``includes the
information'' and inserting ``includes in a digitized format
the information''.
(c) Effective Date.--The amendments made by this section shall
apply with respect to statements filed on or after the expiration of
the 180-day period which begins on the date of the enactment of this
Act.
SEC. 7105. DISCLAIMER REQUIREMENTS FOR MATERIALS POSTED ON ONLINE
PLATFORMS BY AGENTS OF FOREIGN PRINCIPALS ON BEHALF OF
CLIENTS.
(a) Method and Form of Disclaimer; Preservation of Disclaimers by
Certain Social Media Platforms.--
(1) Requirements described.--Section 4(b) of the Foreign
Agents Registration Act of 1938, as amended (22 U.S.C. 614(b))
is amended--
(A) by striking ``(b) It shall be unlawful'' and
inserting ``(b)(1) It shall be unlawful''; and
(B) by adding at the end the following new
paragraph:
``(2) In the case of informational materials for or in the
interests of a foreign principal which are transmitted or caused to be
transmitted by an agent of a foreign principal by posting on an online
platform, the agent shall ensure that the conspicuous statement
required to be placed in such materials under this subsection is placed
directly with the material posted on the platform and is not accessible
only through a hyperlink or other reference to another source.
``(3) If the Attorney General determines that the application of
paragraph (2) to materials posted on an online platform is not feasible
because the length of the conspicuous statement required to be placed
in materials under this subsection makes the inclusion of the entire
statement incompatible with the posting of the materials on that
platform, an agent may meet the requirements of paragraph (2) by
ensuring that an abbreviated version of the statement, stating that the
materials are distributed by a foreign agent on behalf of a clearly
identified foreign principal, is placed directly with the material
posted on the platform.
``(4) An online platform on which informational materials described
in paragraph (2) are posted shall ensure that the conspicuous statement
described in such paragraph (or, if applicable, the abbreviated
statement described in paragraph (3)) is maintained with such materials
at all times, including after the material is shared in a social media
post on the platform, but only if the platform has 50,000,000 or more
unique monthly United States visitors or users for a majority of months
during the 12 months preceding the dissemination of the materials.''.
(2) Effective date.--The amendments made by paragraph (1)
shall apply with respect to materials disseminated on or after
the expiration of the 60-day period which begins on the date of
the enactment of this Act, without regard to whether or not the
Attorney General has promulgated regulations to carry out such
amendments prior to the expiration of such period.
(b) Application of Requirements to Persons Outside the United
States.--
(1) In general.--Section 4(b)(1) of such Act (22 U.S.C.
614(b)(1)), as amended by subsection (a), is amended by
striking ``any person within the United States'' and inserting
``any person''.
(2) Effective date.--The amendment made by paragraph (1)
shall apply with respect to materials disseminated on or after
the expiration of the 60-day period which begins on the date of
the enactment of this Act, without regard to whether or not the
Attorney General has promulgated regulations to carry out such
amendments prior to the expiration of such period.
(c) Requirements for Online Platforms Disseminating Informational
Materials Transmitted by Agents of Foreign Principals.--
(1) In general.--Section 4 of such Act (22 U.S.C. 614) is
amended by adding at the end the following new subsection:
``(g) If the Attorney General determines that an agent of a foreign
principal transmitted or caused to be transmitted informational
materials on an online platform for or in the interests of the foreign
principal and did not meet the requirements of subsection (b)(2)
(relating to the conspicuous statement required to be placed in such
materials)--
``(1) the Attorney General shall notify the online
platform; and
``(2) the online platform shall remove such materials and
use reasonable efforts to inform recipients of such materials
that the materials were disseminated by a foreign agent on
behalf of a foreign principal.''.
(2) Effective date.--The amendment made by paragraph (1)
shall apply with respect to materials disseminated on or after
the expiration of the 60-day period which begins on the date of
the enactment of this Act.
(d) Definition.--Section 1 of such Act (22 U.S.C. 611) is amended
by inserting after subsection (i) the following new subsection:
``(j) The term `online platform' means any public-facing website,
web application, or digital application (including a social network, ad
network, or search engine).''.
SEC. 7106. CLARIFICATION OF TREATMENT OF INDIVIDUALS WHO ENGAGE WITH
THE UNITED STATES IN POLITICAL ACTIVITIES FOR A FOREIGN
PRINCIPAL IN ANY PLACE AS AGENTS OF FOREIGN PRINCIPALS.
Section 1(c)(1)(i) of the Foreign Agents Registration Act of 1938,
as amended (22 U.S.C. 611(c)(1)(i)) is amended by inserting after
``United States'' the following: ``(whether within or outside of the
United States)''.
SEC. 7107. ANALYSIS AND REPORT ON CHALLENGES TO ENFORCEMENT OF FOREIGN
AGENTS REGISTRATION ACT OF 1938.
(a) Analysis.--The Attorney General shall conduct an analysis of
the legal, policy, and procedural challenges to the effective
enforcement of the Foreign Agents Registration Act of 1938, as amended
(22 U.S.C. 611 et seq.).
(b) Report.--Not later than 180 days after the date of the
enactment of this Act, the Attorney General shall submit to Congress a
report on the analysis conducted under subsection (a), and shall
include in the report such recommendations, including recommendations
for revisions to the Foreign Agents Registration Act of 1938, as the
Attorney General considers appropriate to promote the effective
enforcement of such Act.
Subtitle C--Lobbying Disclosure Reform
SEC. 7201. EXPANDING SCOPE OF INDIVIDUALS AND ACTIVITIES SUBJECT TO
REQUIREMENTS OF LOBBYING DISCLOSURE ACT OF 1995.
(a) Coverage of Individuals Providing Counseling Services.--
(1) Treatment of counseling services in support of lobbying
contacts as lobbying activity.--Section 3(7) of the Lobbying
Disclosure Act of 1995 (2 U.S.C. 1602(7)) is amended--
(A) by striking ``efforts'' and inserting ``any
efforts''; and
(B) by striking ``research and other background
work'' and inserting the following: ``counseling in
support of such preparation and planning activities,
research, and other background work''.
(2) Treatment of lobbying contact made with support of
counseling services as lobbying contact made by individual
providing services.--Section 3(8) of such Act (2 U.S.C.
1602(8)) is amended by adding at the end the following new
subparagraph:
``(C) Treatment of providers of counseling
services.--Any individual, with authority to direct or
substantially influence a lobbying contact or contacts
made by another individual, and for financial or other
compensation provides counseling services in support of
preparation and planning activities which are treated
as lobbying activities under paragraph (7) for that
other individual's lobbying contact or contacts and who
has knowledge that the specific lobbying contact or
contacts were made, shall be considered to have made
the same lobbying contact at the same time and in the
same manner to the covered executive branch official or
covered legislative branch official involved.''.
(b) Reduction of Percentage Exemption for Determination of
Threshold of Lobbying Contacts Required for Individuals To Register as
Lobbyists.--Section 3(10) of such Act (2 U.S.C. 1602(10)) is amended by
striking ``less than 20 percent'' and inserting ``less than 10
percent''.
(c) Effective Date.--The amendments made by this section shall
apply with respect to lobbying contacts made on or after the date of
the enactment of this Act.
SEC. 7202. PROHIBITING RECEIPT OF COMPENSATION FOR LOBBYING ACTIVITIES
ON BEHALF OF FOREIGN COUNTRIES VIOLATING HUMAN RIGHTS.
(a) Prohibition.--The Lobbying Disclosure Act of 1995 (2 U.S.C.
1601 et seq.) is amended by inserting after section 5 the following new
section:
``SEC. 5A. PROHIBITING RECEIPT OF COMPENSATION FOR LOBBYING ACTIVITIES
ON BEHALF OF FOREIGN COUNTRIES VIOLATING HUMAN RIGHTS.
``(a) Prohibition.--Notwithstanding any other provision of this
Act, no person may accept financial or other compensation for lobbying
activity under this Act on behalf of a client who is a government which
the President has determined is a government that engages in gross
violations of human rights.
``(b) Clarification of Treatment of Diplomatic or Consular
Officers.--Nothing in this section may be construed to affect any
activity of a duly accredited diplomatic or consular officer of a
foreign government who is so recognized by the Department of State,
while said officer is engaged in activities which are recognized by the
Department of State as being within the scope of the functions of such
officer.''.
(b) Effective Date.--The amendments made by this section shall
apply with respect to lobbying activity under the Lobbying Disclosure
Act of 1995 which occurs pursuant to contracts entered into on or after
the date of the enactment of this Act.
SEC. 7203. REQUIRING LOBBYISTS TO DISCLOSE STATUS AS LOBBYISTS UPON
MAKING ANY LOBBYING CONTACTS.
(a) Mandatory Disclosure at Time of Contact.--Section 14 of the
Lobbying Disclosure Act of 1995 (2 U.S.C. 1609) is amended--
(1) by striking subsections (a) and (b) and inserting the
following:
``(a) Requiring Identification at Time of Lobbying Contact.--Any
person or entity that makes a lobbying contact with a covered
legislative branch official or a covered executive branch official
shall, at the time of the lobbying contact--
``(1) indicate whether the person or entity is registered
under this chapter and identify the client on whose behalf the
lobbying contact is made; and
``(2) indicate whether such client is a foreign entity and
identify any foreign entity required to be disclosed under
section 4(b)(4) that has a direct interest in the outcome of
the lobbying activity.''; and
(2) by redesignating subsection (c) as subsection (b).
(b) Effective Date.--The amendment made by subsection (a) shall
apply with respect to lobbying contacts made on or after the date of
the enactment of this Act.
Subtitle D--Recusal of Presidential Appointees
SEC. 7301. RECUSAL OF APPOINTEES.
Section 208 of title 18, United States Code, is amended by adding
at the end the following:
``(e)(1) Any officer or employee appointed by the President shall
recuse himself or herself from any particular matter involving specific
parties in which a party to that matter is--
``(A) the President who appointed the officer or
employee, which shall include any entity in which the
President has a substantial interest; or
``(B) the spouse of the President who appointed the
officer or employee, which shall include any entity in
which the spouse of the President has a substantial
interest.
``(2)(A) Subject to subparagraph (B), if an officer or employee is
recused under paragraph (1), a career appointee in the agency of the
officer or employee shall perform the functions and duties of the
officer or employee with respect to the matter.
``(B)(i) In this subparagraph, the term `Commission' means a board,
commission, or other agency for which the authority of the agency is
vested in more than 1 member.
``(ii) If the recusal of a member of a Commission from a matter
under paragraph (1) would result in there not being a statutorily
required quorum of members of the Commission available to participate
in the matter, notwithstanding such statute or any other provision of
law, the members of the Commission not recused under paragraph (1)
may--
``(I) consider the matter without regard to the quorum
requirement under such statute;
``(II) delegate the authorities and responsibilities of the
Commission with respect to the matter to a subcommittee of the
Commission; or
``(III) designate an officer or employee of the Commission
who was not appointed by the President who appointed the member
of the Commission recused from the matter to exercise the
authorities and duties of the recused member with respect to
the matter.
``(3) Any officer or employee who violates paragraph (1) shall be
subject to the penalties set forth in section 216.
``(4) For purposes of this section, the term `particular matter'
shall have the meaning given the term in section 207(i).''.
Subtitle E--Clearinghouse on Lobbying Information
SEC. 7401. ESTABLISHMENT OF CLEARINGHOUSE.
(a) Establishment.--The Attorney General shall establish and
operate within the Department of Justice a clearinghouse through which
members of the public may obtain copies (including in electronic form)
of registration statements filed under the Lobbying Disclosure Act of
1995 (2 U.S.C. 1601 et seq.) and the Foreign Agents Registration Act of
1938, as amended (22 U.S.C. 611 et seq.).
(b) Format.--The Attorney General shall ensure that the information
in the clearinghouse established under this Act is maintained in a
searchable and sortable format.
(c) Agreements With Clerk of House and Secretary of the Senate.--
The Attorney General shall enter into such agreements with the Clerk of
the House of Representatives and the Secretary of the Senate as may be
necessary for the Attorney General to obtain registration statements
filed with the Clerk and the Secretary under the Lobbying Disclosure
Act of 1995 for inclusion in the clearinghouse.
Subtitle F--Severability
SEC. 7501. SEVERABILITY.
If any provision of this title or amendment made by this title, or
the application of a provision or amendment to any person or
circumstance, is held to be unconstitutional, the remainder of this
title and amendments made by this title, and the application of the
provisions and amendment to any person or circumstance, shall not be
affected by the holding.
TITLE VIII--ETHICS REFORMS FOR THE PRESIDENT, VICE PRESIDENT, AND
FEDERAL OFFICERS AND EMPLOYEES
Subtitle A--Executive Branch Conflict of Interest
Sec. 8001. Short title.
Sec. 8002. Restrictions on private sector payment for government
service.
Sec. 8003. Requirements relating to slowing the revolving door.
Sec. 8004. Prohibition of procurement officers accepting employment
from government contractors.
Sec. 8005. Revolving door restrictions on employees moving into the
private sector.
Sec. 8006. Guidance on unpaid employees.
Sec. 8007. Limitation on use of Federal funds and contracting at
businesses owned by certain Government
officers and employees.
Subtitle B--Presidential Conflicts of Interest
Sec. 8011. Short title.
Sec. 8012. Divestiture of personal financial interests of the President
and Vice President that pose a potential
conflict of interest.
Sec. 8013. Initial financial disclosure.
Sec. 8014. Contracts by the President or Vice President.
Sec. 8015. Legal defense funds.
Subtitle C--White House Ethics Transparency
Sec. 8021. Short title.
Sec. 8022. Procedure for waivers and authorizations relating to ethics
requirements.
Subtitle D--Executive Branch Ethics Enforcement
Sec. 8031. Short title.
Sec. 8032. Reauthorization of the Office of Government Ethics.
Sec. 8033. Tenure of the Director of the Office of Government Ethics.
Sec. 8034. Duties of Director of the Office of Government Ethics.
Sec. 8035. Agency ethics officials training and duties.
Sec. 8036. Prohibition on use of funds for certain Federal employee
travel in contravention of certain
regulations.
Sec. 8037. Reports on cost of Presidential travel.
Sec. 8038. Reports on cost of senior Federal official travel.
Subtitle E--Conflicts From Political Fundraising
Sec. 8041. Short title.
Sec. 8042. Disclosure of certain types of contributions.
Subtitle F--Transition Team Ethics
Sec. 8051. Short title.
Sec. 8052. Presidential transition ethics programs.
Subtitle G--Ethics Pledge For Senior Executive Branch Employees
Sec. 8061. Short title.
Sec. 8062. Ethics pledge requirement for senior executive branch
employees.
Subtitle H--Travel on Private Aircraft by Senior Political Appointees
Sec. 8071. Short title.
Sec. 8072. Prohibition on use of funds for travel on private aircraft.
Subtitle I--Severability
Sec. 8081. Severability.
Subtitle A--Executive Branch Conflict of Interest
SEC. 8001. SHORT TITLE.
This subtitle may be cited as the ``Executive Branch Conflict of
Interest Act''.
SEC. 8002. RESTRICTIONS ON PRIVATE SECTOR PAYMENT FOR GOVERNMENT
SERVICE.
Section 209 of title 18, United States Code, is amended--
(1) in subsection (a);
(A) by striking ``any salary'' and inserting ``any
salary (including a bonus)''; and
(B) by striking ``as compensation for his
services'' and inserting ``at any time, as compensation
for serving''; and
(2) in subsection (b)--
(A) by inserting ``(1)'' after ``(b)''; and
(B) by adding at the end the following:
``(2) For purposes of paragraph (1), a pension, retirement,
group life, health or accident insurance, profit-sharing, stock
bonus, or other employee welfare or benefit plan that makes
payment of any portion of compensation contingent on accepting
a position in the United States Government shall not be
considered bona fide.''.
SEC. 8003. REQUIREMENTS RELATING TO SLOWING THE REVOLVING DOOR.
(a) In General.--The Ethics in Government Act of 1978 (5 U.S.C.
App.) is amended by adding at the end the following:
``TITLE VI--ENHANCED REQUIREMENTS FOR CERTAIN EMPLOYEES
``Sec. 601. Definitions
``In this title:
``(1) Covered agency.--The term `covered agency'--
``(A) means an Executive agency, as defined in
section 105 of title 5, United States Code, the Postal
Service and the Postal Rate Commission, but does not
include the Government Accountability Office or the
Government of the District of Columbia; and
``(B) shall include the Executive Office of the
President.
``(2) Covered employee.--The term `covered employee' means
an officer or employee referred to in paragraph (2) of section
207(c) or paragraph (1) of section 207(d) of title 18, United
States Code.
``(3) Director.--The term `Director' means the Director of
the Office of Government Ethics.
``(4) Executive branch.--The term `executive branch' has
the meaning given that term in section 109.
``(5) Former client.--The term `former client'--
``(A) means a person for whom a covered employee
served personally as an agent, attorney, or consultant
during the 2-year period ending on the date before the
date on which the covered employee begins service in
the Federal Government; and
``(B) does not include any agency or
instrumentality of the Federal Government.
``(6) Former employer.--The term `former employer'--
``(A) means a person for whom a covered employee
served as an employee, officer, director, trustee,
agent, attorney, consultant, or contractor during the
2-year period ending on the date before the date on
which the covered employee begins service in the
Federal Government; and
``(B) does not include--
``(i) an entity in the Federal Government,
including an executive branch agency;
``(ii) a State or local government;
``(iii) the District of Columbia;
``(iv) an Indian tribe, as defined in
section 4 of the Indian Self-Determination and
Education Assistance Act (25 U.S.C. 5304); or
``(v) the government of a territory or
possession of the United States.
``(7) Particular matter.--The term `particular matter' has
the meaning given that term in section 207(i) of title 18,
United States Code.
``Sec. 602. Conflict of interest and eligibility standards
``(a) In General.--A covered employee may not participate
personally and substantially in a particular matter in which the
covered employee knows or reasonably should have known that a former
employer or former client of the covered employee has a financial
interest.
``(b) Waiver.--
``(1) In general.--
``(A) Agency heads.--With respect to the head of a
covered agency who is a covered employee, the
Designated Agency Ethics Official for the Executive
Office of the President, in consultation with the
Director, may grant a written waiver of the
restrictions under subsection (a) before the head
engages in the action otherwise prohibited by such
subsection if the Designated Agency Ethics Official for
the Executive Office of the President determines and
certifies in writing that, in light of all the relevant
circumstances, the interest of the Federal Government
in the head's participation outweighs the concern that
a reasonable person may question the integrity of the
agency's programs or operations.
``(B) Other covered employees.--With respect to any
covered employee not covered by subparagraph (A), the
head of the covered agency employing the covered
employee, in consultation with the Director, may grant
a written waiver of the restrictions under subsection
(a) before the covered employee engages in the action
otherwise prohibited by such subsection if the head of
the covered agency determines and certifies in writing
that, in light of all the relevant circumstances, the
interest of the Federal Government in the covered
employee's participation outweighs the concern that a
reasonable person may question the integrity of the
agency's programs or operations.
``(2) Publication.--For any waiver granted under paragraph
(1), the individual who granted the waiver shall--
``(A) provide a copy of the waiver to the Director
not more than 48 hours after the waiver is granted; and
``(B) publish the waiver on the website of the
applicable agency not more than 30 calendar days after
granting such waiver.
``(3) Review.--Upon receiving a written waiver under
paragraph (1)(A), the Director shall--
``(A) review the waiver to determine whether the
Director has any objection to the issuance of the
waiver; and
``(B) if the Director so objects--
``(i) provide reasons for the objection in
writing to the head of the agency who granted
the waiver not more than 15 calendar days after
the waiver was granted; and
``(ii) publish the written objection on the
website of the Office of Government Ethics not
more than 30 calendar days after the waiver was
granted.
``Sec. 603. Penalties and injunctions
``(a) Criminal Penalties.--
``(1) In general.--Any person who violates section 602
shall be fined under title 18, United States Code, imprisoned
for not more than 1 year, or both.
``(2) Willful violations.--Any person who willfully
violates section 602 shall be fined under title 18, United
States Code, imprisoned for not more than 5 years, or both.
``(b) Civil Enforcement.--
``(1) In general.--The Attorney General may bring a civil
action in an appropriate district court of the United States
against any person who violates, or whom the Attorney General
has reason to believe is engaging in conduct that violates,
section 602.
``(2) Civil penalty.--
``(A) In general.--If the court finds by a
preponderance of the evidence that a person violated
section 602, the court shall impose a civil penalty of
not more than the greater of--
``(i) $100,000 for each violation; or
``(ii) the amount of compensation the
person received or was offered for the conduct
constituting the violation.
``(B) Rule of construction.--A civil penalty under
this subsection may be in addition to any other
criminal or civil statutory, common law, or
administrative remedy available to the United States or
any other person.
``(3) Injunctive relief.--
``(A) In general.--In a civil action brought under
paragraph (1) against a person, the Attorney General
may petition the court for an order prohibiting the
person from engaging in conduct that violates section
602.
``(B) Standard.--The court may issue an order under
subparagraph (A) if the court finds by a preponderance
of the evidence that the conduct of the person violates
section 602.
``(C) Rule of construction.--The filing of a
petition seeking injunctive relief under this paragraph
shall not preclude any other remedy that is available
by law to the United States or any other person.''.
SEC. 8004. PROHIBITION OF PROCUREMENT OFFICERS ACCEPTING EMPLOYMENT
FROM GOVERNMENT CONTRACTORS.
(a) Expansion of Prohibition on Acceptance by Former Officials of
Compensation From Contractors.--Section 2104 of title 41, United States
Code, is amended--
(1) in subsection (a)--
(A) in the matter preceding paragraph (1)--
(i) by striking ``or consultant'' and
inserting ``attorney, consultant,
subcontractor, or lobbyist''; and
(ii) by striking ``one year'' and inserting
``2 years''; and
(B) in paragraph (3), by striking ``personally made
for the Federal agency'' and inserting ``participated
personally and substantially in''; and
(2) by striking subsection (b) and inserting the following:
``(b) Prohibition on Compensation From Affiliates and
Subcontractors.--A former official responsible for a Government
contract referred to in paragraph (1), (2), or (3) of subsection (a)
may not accept compensation for 2 years after awarding the contract
from any division, affiliate, or subcontractor of the contractor.''.
(b) Requirement for Procurement Officers To Disclose Job Offers
Made to Relatives.--Section 2103(a) of title 41, United States Code, is
amended in the matter preceding paragraph (1) by inserting after ``that
official'' the following: ``, or for a relative (as defined in section
3110 of title 5) of that official,''.
(c) Requirement on Award of Government Contracts to Former
Employers.--
(1) In general.--Chapter 21 of division B of subtitle I of
title 41, United States Code, is amended by adding at the end
the following new section:
``Sec. 2108. Prohibition on involvement by certain former contractor
employees in procurements
``An employee of the Federal Government may not participate
personally and substantially in any award of a contract to, or the
administration of a contract awarded to, a contractor that is a former
employer of the employee during the 2-year period beginning on the date
on which the employee leaves the employment of the contractor.''.
(2) Technical and conforming amendment.--The table of
sections for chapter 21 of title 41, United States Code, is
amended by adding at the end the following new item:
``2108. Prohibition on involvement by certain former contractor
employees in procurements.''.
(d) Regulations.--The Director of the Office of Government Ethics,
in consultation with the Administrator of General Services, shall
promulgate regulations to carry out and ensure the enforcement of
chapter 21 of title 41, United States Code, as amended by this section.
(e) Monitoring and Compliance.--The Administrator of General
Services, in consultation with designated agency ethics officials (as
that term is defined in section 109(3) of the Ethics in Government Act
of 1978 (5 U.S.C. App.)), shall monitor compliance with such chapter 21
by individuals and agencies.
SEC. 8005. REVOLVING DOOR RESTRICTIONS ON EMPLOYEES MOVING INTO THE
PRIVATE SECTOR.
(a) In General.--Subsection (c) of section 207 of title 18, United
States Code, is amended--
(1) in the subsection heading, by striking ``One-year'' and
inserting ``Two-year'';
(2) in paragraph (1)--
(A) by striking ``1 year'' in each instance and
inserting ``2 years''; and
(B) by inserting ``, or conducts any lobbying
activity to facilitate any communication to or
appearance before,'' after ``any communication to or
appearance before''; and
(3) in paragraph (2)(B), by striking ``1-year'' and
inserting ``2-year''.
(b) Application.--The amendments made by subsection (a) shall apply
to any individual covered by subsection (c) of section 207 of title 18,
United States Code, separating from the civil service on or after the
date of enactment of this Act.
SEC. 8006. GUIDANCE ON UNPAID EMPLOYEES.
(a) In General.--Not later than 120 days after the date of
enactment of this Act, the Director of the Office of Government Ethics
shall issue guidance on ethical standards applicable to unpaid
employees of an agency.
(b) Definitions.--In this section--
(1) the term ``agency'' includes the Executive Office of
the President and the White House; and
(2) the term ``unpaid employee'' includes any individual
occupying a position at an agency and who is unpaid by
operation of section 3110 of title 5, United States Code, or
any other provision of law, but does not include any employee
who is unpaid due to a lapse in appropriations.
SEC. 8007. LIMITATION ON USE OF FEDERAL FUNDS AND CONTRACTING AT
BUSINESSES OWNED BY CERTAIN GOVERNMENT OFFICERS AND
EMPLOYEES.
(a) Limitation on Federal Funds.--Beginning in fiscal year 2022 and
in each fiscal year thereafter, no Federal funds may be obligated or
expended for purposes of procuring goods or services at any business
owned or controlled by a covered individual or any family member of
such an individual, unless such obligation or expenditure of funds is
authorized under the Presidential Protection Assistance Act of 1976
(Public Law 94-524).
(b) Prohibition on Contracts.--No Executive agency may enter into
or hold a contract with a business owned or controlled by a covered
individual or any family member of such an individual.
(c) Determination of Ownership.--For purposes of this section, a
business shall be deemed to be owned or controlled by a covered
individual or any family member of such an individual if the covered
individual or member of family (as the case may be)--
(1) is a member of the board of directors or similar
governing body of the business;
(2) directly or indirectly owns or controls more than 50
percent of the voting shares of the business; or
(3) is the beneficiary of a trust which owns or controls
more than 50 percent of the business and can direct
distributions under the terms of the trust.
(d) Definitions.--In this section:
(1) Covered individual.--The term ``covered individual''
means--
(A) the President;
(B) the Vice President;
(C) the head of any Executive department (as that
term is defined in section 101 of title 5, United
States Code); and
(D) any individual occupying a position designated
by the President as a Cabinet-level position.
(2) Family member.--The term ``family member'' means an
individual with any of the following relationships to a covered
individual:
(A) Spouse, and parents thereof.
(B) Sons and daughters, and spouses thereof.
(C) Parents, and spouses thereof.
(D) Brothers and sisters, and spouses thereof.
(E) Grandparents and grandchildren, and spouses
thereof.
(F) Domestic partner and parents thereof, including
domestic partners of any individual in subparagraphs
(A) through (E).
(3) Executive agency.--The term ``Executive agency'' has
the meaning given that term in section 105 of title 5, United
States Code.
Subtitle B--Presidential Conflicts of Interest
SEC. 8011. SHORT TITLE.
This subtitle may be cited as the ``Presidential Conflicts of
Interest Act of 2021''.
SEC. 8012. DIVESTITURE OF PERSONAL FINANCIAL INTERESTS OF THE PRESIDENT
AND VICE PRESIDENT THAT POSE A POTENTIAL CONFLICT OF
INTEREST.
(a) In General.--The Ethics in Government Act of 1978 (5 U.S.C.
App.) is amended by adding after title VI (as added by section 8003)
the following:
``TITLE VII--DIVESTITURE OF FINANCIAL CONFLICTS OF INTERESTS OF THE
PRESIDENT AND VICE PRESIDENT
``Sec. 701. Divestiture of financial interests posing a conflict of
interest
``(a) Applicability to the President and Vice President.--The
President and Vice President shall, within 30 days of assuming office,
divest of all financial interests that pose a conflict of interest
because the President or Vice President, the spouse, dependent child,
or general partner of the President or Vice President, or any person or
organization with whom the President or Vice President is negotiating
or has any arrangement concerning prospective employment, has a
financial interest, by--
``(1) converting each such interest to cash or other
investment that meets the criteria established by the Director
of the Office of Government Ethics through regulation as being
an interest so remote or inconsequential as not to pose a
conflict; or
``(2) placing each such interest in a qualified blind trust
as defined in section 102(f)(3) or a diversified trust under
section 102(f)(4)(B).
``(b) Disclosure Exemption.--Subsection (a) shall not apply if the
President or Vice President complies with section 102.''.
(b) Additional Disclosures.--Section 102(a) of the Ethics in
Government Act of 1978 (5 U.S.C. App.) is amended by adding at the end
the following:
``(9) With respect to any such report filed by the
President or Vice President, for any corporation, company,
firm, partnership, or other business enterprise in which the
President, Vice President, or the spouse or dependent child of
the President or Vice President, has a significant financial
interest--
``(A) the name of each other person who holds a
significant financial interest in the firm,
partnership, association, corporation, or other entity;
``(B) the value, identity, and category of each
liability in excess of $10,000; and
``(C) a description of the nature and value of any
assets with a value of $10,000 or more.''.
(c) Regulations.--Not later than 120 days after the date of
enactment of this Act, the Director of the Office of Government Ethics
shall promulgate regulations to define the criteria required by section
701(a)(1) of the Ethics in Government Act of 1978 (as added by
subsection (a)) and the term ``significant financial interest'' for
purposes of section 102(a)(9) of the Ethics in Government Act (as added
by subsection (b)).
SEC. 8013. INITIAL FINANCIAL DISCLOSURE.
Subsection (a) of section 101 of the Ethics in Government Act of
1978 (5 U.S.C. App.) is amended by striking ``position'' and adding at
the end the following: ``position, with the exception of the President
and Vice President, who must file a new report.''.
SEC. 8014. CONTRACTS BY THE PRESIDENT OR VICE PRESIDENT.
(a) Amendment.--Section 431 of title 18, United States Code, is
amended--
(1) in the section heading, by inserting ``the President,
Vice President, Cabinet Member, or a'' after ``Contracts by'';
and
(2) in the first undesignated paragraph, by inserting ``the
President, Vice President, or any Cabinet member'' after
``Whoever, being''.
(b) Table of Sections Amendment.--The table of sections for chapter
23 of title 18, United States Code, is amended by striking the item
relating to section 431 and inserting the following:
``431. Contracts by the President, Vice President, or a Member of
Congress.''.
SEC. 8015. LEGAL DEFENSE FUNDS.
(a) Definitions.--In this section--
(1) the term ``Director'' means the Director of the Office
of Government Ethics;
(2) the term ``legal defense fund'' means a trust--
(A) that has only one beneficiary;
(B) that is subject to a trust agreement creating
an enforceable fiduciary duty on the part of the
trustee to the beneficiary, pursuant to the applicable
law of the jurisdiction in which the trust is
established;
(C) that is subject to a trust agreement that
provides for the mandatory public disclosure of all
donations and disbursements;
(D) that is subject to a trust agreement that
prohibits the use of its resources for any purpose
other than--
(i) the administration of the trust;
(ii) the payment or reimbursement of legal
fees or expenses incurred in investigative,
civil, criminal, or other legal proceedings
relating to or arising by virtue of service by
the trust's beneficiary as an officer or
employee, as defined in this section, or as an
employee, contractor, consultant or volunteer
of the campaign of the President or Vice
President; or
(iii) the distribution of unused resources
to a charity selected by the trustee that has
not been selected or recommended by the
beneficiary of the trust;
(E) that is subject to a trust agreement that
prohibits the use of its resources for any other
purpose or personal legal matters, including tax
planning, personal injury litigation, protection of
property rights, divorces, or estate probate; and
(F) that is subject to a trust agreement that
prohibits the acceptance of donations, except in
accordance with this section and the regulations of the
Office of Government Ethics;
(3) the term ``lobbying activity'' has the meaning given
that term in section 3 of the Lobbying Disclosure Act of 1995
(2 U.S.C. 1602);
(4) the term ``officer or employee'' means--
(A) an officer (as that term is defined in section
2104 of title 5, United States Code) or employee (as
that term is defined in section 2105 of such title) of
the executive branch of the Government;
(B) the Vice President; and
(C) the President; and
(5) the term ``relative'' has the meaning given that term
in section 3110 of title 5, United States Code.
(b) Legal Defense Funds.--An officer or employee may not accept or
use any gift or donation for the payment or reimbursement of legal fees
or expenses incurred in investigative, civil, criminal, or other legal
proceedings relating to or arising by virtue of the officer or
employee's service as an officer or employee, as defined in this
section, or as an employee, contractor, consultant or volunteer of the
campaign of the President or Vice President except through a legal
defense fund that is certified by the Director of the Office of
Government Ethics.
(c) Limits on Gifts and Donations.--Not later than 120 days after
the date of the enactment of this Act, the Director shall promulgate
regulations establishing limits with respect to gifts and donations
described in subsection (b), which shall, at a minimum--
(1) prohibit the receipt of any gift or donation described
in subsection (b)--
(A) from a single contributor (other than a
relative of the officer or employee) in a total amount
of more than $5,000 during any calendar year;
(B) from a registered lobbyist;
(C) from a foreign government or an agent of a
foreign principal;
(D) from a State government or an agent of a State
government;
(E) from any person seeking official action from,
or seeking to do or doing business with, the agency
employing the officer or employee;
(F) from any person conducting activities regulated
by the agency employing the officer or employee;
(G) from any person whose interests may be
substantially affected by the performance or
nonperformance of the official duties of the officer or
employee;
(H) from an officer or employee of the executive
branch; or
(I) from any organization a majority of whose
members are described in (A)-(H); and
(2) require that a legal defense fund, in order to be
certified by the Director, only permit distributions to the
applicable officer or employee.
(d) Written Notice.--
(1) In general.--An officer or employee who wishes to
accept funds or have a representative accept funds from a legal
defense fund shall first ensure that the proposed trustee of
the legal defense fund submits to the Director the following
information:
(A) The name and contact information for any
proposed trustee of the legal defense fund.
(B) A copy of any proposed trust document for the
legal defense fund.
(C) The nature of the legal proceeding (or
proceedings), investigation or other matter which give
rise to the establishment of the legal defense fund.
(D) An acknowledgment signed by the officer or
employee and the trustee indicating that they will be
bound by the regulations and limitation under this
section.
(2) Approval.--An officer or employee may not accept any
gift or donation to pay, or to reimburse any person for, fees
or expenses described in subsection (b) of this section except
through a legal defense fund that has been certified in writing
by the Director following that office's receipt and approval of
the information submitted under paragraph (1) and approval of
the structure of the fund.
(e) Reporting.--
(1) In general.--An officer or employee who establishes a
legal defense fund may not directly or indirectly accept
distributions from a legal defense fund unless the fund has
provided the Director a quarterly report for each quarter of
every calendar year since the establishment of the legal
defense fund that discloses, with respect to the quarter
covered by the report--
(A) the source and amount of each contribution to
the legal defense fund; and
(B) the amount, recipient, and purpose of each
expenditure from the legal defense fund, including all
distributions from the trust for any purpose.
(2) Public availability.--The Director shall make publicly
available online--
(A) each report submitted under paragraph (1) in a
searchable, sortable, and downloadable form;
(B) each trust agreement and any amendment thereto;
(C) the written notice and acknowledgment required
by subsection (d); and
(D) the Director's written certification of the
legal defense fund.
(f) Recusal.--An officer or employee, other than the President and
the Vice President, who is the beneficiary of a legal defense fund may
not participate personally and substantially in any particular matter
in which the officer or employee knows a donor of any source of a gift
or donation to the legal defense fund established for the officer or
employee has a financial interest, for a period of 2 years from the
date of the most recent gift or donation to the legal defense fund.
Subtitle C--White House Ethics Transparency
SEC. 8021. SHORT TITLE.
This subtitle may be cited as the ``White House Ethics Transparency
Act of 2021''.
SEC. 8022. PROCEDURE FOR WAIVERS AND AUTHORIZATIONS RELATING TO ETHICS
REQUIREMENTS.
(a) In General.--Notwithstanding any other provision of law, not
later than 30 days after an officer or employee issues or approves a
waiver or authorization pursuant to section 3 of Executive Order No.
13770 (82 6 Fed. Reg. 9333), or any subsequent similar order, such
officer or employee shall--
(1) transmit a written copy of such waiver or authorization
to the Director of the Office of Government Ethics; and
(2) make a written copy of such waiver or authorization
available to the public on the website of the employing agency
of the covered employee.
(b) Retroactive Application.--In the case of a waiver or
authorization described in subsection (a) issued during the period
beginning on January 20, 2017, and ending on the date of enactment of
this Act, the issuing officer or employee of such waiver or
authorization shall comply with the requirements of paragraphs (1) and
(2) of such subsection not later than 30 days after the date of
enactment of this Act.
(c) Office of Government Ethics Public Availability.--Not later
than 30 days after receiving a written copy of a waiver or
authorization under subsection (a)(1), the Director of the Office of
Government Ethics shall make such waiver or authorization available to
the public on the website of the Office of Government Ethics.
(d) Report to Congress.--Not later than 45 days after the date of
enactment of this Act, the Director of the Office of Government Ethics
shall submit a report to Congress on the impact of the application of
subsection (b), including the name of any individual who received a
waiver or authorization described in subsection (a) and who, by
operation of subsection (b), submitted the information required by such
subsection.
(e) Definition of Covered Employee.--In this section, the term
``covered employee''--
(1) means a non-career Presidential or Vice Presidential
appointee, non-career appointee in the Senior Executive Service
(or other SES-type system), or an appointee to a position that
has been excepted from the competitive service by reason of
being of a confidential or policymaking character (Schedule C
and other positions excepted under comparable criteria) in an
executive agency; and
(2) does not include any individual appointed as a member
of the Senior Foreign Service or solely as a uniformed service
commissioned officer.
Subtitle D--Executive Branch Ethics Enforcement
SEC. 8031. SHORT TITLE.
This subtitle may be cited as the ``Executive Branch Comprehensive
Ethics Enforcement Act of 2021''.
SEC. 8032. REAUTHORIZATION OF THE OFFICE OF GOVERNMENT ETHICS.
Section 405 of the Ethics in Government Act of 1978 (5 U.S.C. App.)
is amended by striking ``fiscal year 2007'' and inserting ``fiscal
years 2021 through 2025.''.
SEC. 8033. TENURE OF THE DIRECTOR OF THE OFFICE OF GOVERNMENT ETHICS.
Section 401(b) of the Ethics in Government Act of 1978 (5 U.S.C.
App.) is amended by striking the period at the end and inserting ``,
subject to removal only for inefficiency, neglect of duty, or
malfeasance in office. The Director may continue to serve beyond the
expiration of the term until a successor is appointed and has
qualified, except that the Director may not continue to serve for more
than one year after the date on which the term would otherwise expire
under this subsection.''.
SEC. 8034. DUTIES OF DIRECTOR OF THE OFFICE OF GOVERNMENT ETHICS.
(a) In General.--Section 402(a) of the Ethics in Government Act of
1978 (5 U.S.C. App.) is amended by striking ``, in consultation with
the Office of Personnel Management,''.
(b) Responsibilities of the Director.--Section 402(b) of the Ethics
in Government Act of 1978 (5 U.S.C. App.) is amended--
(1) in paragraph (1)--
(A) by striking ``developing, in consultation with
the Attorney General and the Office of Personnel
Management, rules and regulations to be promulgated by
the President or the Director'' and inserting
``developing and promulgating rules and regulations'';
and
(B) by striking ``title II'' and inserting ``title
I'';
(2) by striking paragraph (2) and inserting the following:
``(2) providing mandatory education and training programs
for designated agency ethics officials, which may be delegated
to each agency or the White House Counsel as deemed appropriate
by the Director;'';
(3) in paragraph (3), by striking ``title II'' and
inserting ``title I'';
(4) in paragraph (4), by striking ``problems'' and
inserting ``issues'';
(5) in paragraph (6)--
(A) by striking ``issued by the President or the
Director''; and
(B) by striking ``problems'' and inserting
``issues'';
(6) in paragraph (7)--
(A) by striking ``, when requested,''; and
(B) by striking ``conflict of interest problems''
and inserting ``conflicts of interest, as well as other
ethics issues'';
(7) in paragraph (9)--
(A) by striking ``ordering'' and inserting
``receiving allegations of violations of this Act or
regulations of the Office of Government Ethics and,
when necessary, investigating an allegation to
determine whether a violation occurred, and ordering'';
and
(B) by inserting before the semi-colon the
following: ``, and recommending appropriate
disciplinary action'';
(8) in paragraph (12)--
(A) by striking ``evaluating, with the assistance
of'' and inserting ``promulgating, with input from'';
(B) by striking ``the need for''; and
(C) by striking ``conflict of interest and ethical
problems'' and inserting ``conflict of interest and
ethics issues'';
(9) in paragraph (13)--
(A) by striking ``with the Attorney General'' and
inserting ``with the Inspectors General and the
Attorney General'';
(B) by striking ``violations of the conflict of
interest laws'' and inserting ``conflict of interest
issues and allegations of violations of ethics laws and
regulations and this Act''; and
(C) by striking ``, as required by section 535 of
title 28, United States Code'';
(10) in paragraph (14), by striking ``and'' at the end;
(11) in paragraph (15)--
(A) by striking ``, in consultation with the Office
of Personnel Management,'';
(B) by striking ``title II'' and inserting ``title
I''; and
(C) by striking the period at the end and inserting
a semicolon; and
(12) by adding at the end the following:
``(16) directing and providing final approval, when
determined appropriate by the Director, for designated agency
ethics officials regarding the resolution of conflicts of
interest as well as any other ethics issues under the purview
of this Act in individual cases; and
``(17) reviewing and approving, when determined appropriate
by the Director, any recusals, exemptions, or waivers from the
conflicts of interest and ethics laws, rules, and regulations
and making approved recusals, exemptions, and waivers made
publicly available by the relevant agency available in a
central location on the official website of the Office of
Government Ethics.''.
(c) Written Procedures.--Paragraph (1) of section 402(d) of the
Ethics in Government Act of 1978 (5 U.S.C. App.) is amended--
(1) by striking ``, by the exercise of any authority
otherwise available to the Director under this title,'';
(2) by striking ``the agency is''; and
(3) by inserting after ``filed by'' the following: ``, or
written documentation of recusals, waivers, or ethics
authorizations relating to,''.
(d) Corrective Actions.--Section 402(f) of the Ethics in Government
Act of 1978 (5 U.S.C. App.) is amended--
(1) in paragraph (1)--
(A) in clause (i) of subparagraph (A), by striking
``of such agency''; and
(B) in subparagraph (B), by inserting before the
period at the end ``and determine that a violation of
this Act has occurred and issue appropriate
administrative or legal remedies as prescribed in
paragraph (2)'';
(2) in paragraph (2)--
(A) in subparagraph (A)--
(i) in clause (ii)--
(I) in subclause (I)--
(aa) by inserting ``to the
President or the President's
designee if the matter involves
employees of the Executive
Office of the President or''
after ``may recommend'';
(bb) by striking ``and'' at
the end; and
(II) in subclause (II)--
(aa) by inserting
``President or'' after
``determines that the''; and
(bb) by adding ``and'' at
the end;
(ii) in subclause (II) of clause (iii)--
(I) by striking ``notify, in
writing,'' and inserting ``advise the
President or order'';
(II) by inserting ``to take
appropriate disciplinary action
including reprimand, suspension,
demotion, or dismissal against the
officer or employee (provided, however,
that any order issued by the Director
shall not affect an employee's right to
appeal a disciplinary action under
applicable law, regulation, collective
bargaining agreement, or contractual
provision).'' after ``employee's
agency''; and
(III) by striking ``of the
officer's or employee's noncompliance,
except that, if the officer or employee
involved is the agency head, the
notification shall instead be submitted
to the President; and''; and
(iii) by striking clause (iv);
(B) in subparagraph (B)(i)--
(i) by striking ``subparagraph (A)(iii) or
(iv)'' and inserting ``subparagraph (A)'';
(ii) by inserting ``(I)'' before ``In order
to''; and
(iii) by adding at the end the following:
``(II)(aa) The Director may secure
directly from any agency information
necessary to enable the Director to
carry out this Act. Upon request of the
Director, the head of such agency shall
furnish that information to the
Director.
``(bb) The Director may
require by subpoena the
production of all information,
documents, reports, answers,
records, accounts, papers, and
other data in any medium and
documentary evidence necessary
in the performance of the
functions assigned by this Act,
which subpoena, in the case of
refusal to obey, shall be
enforceable by order of any
appropriate United States
district court.'';
(C) in subparagraph (B)(ii)(I)--
(i) by striking ``Subject to clause (iv) of
this subparagraph, before'' and inserting
``Before''; and
(ii) by striking ``subparagraphs (A) (iii)
or (iv)'' and inserting ``subparagraph
(A)(iii)'';
(D) in subparagraph (B)(iii), by striking ``Subject
to clause (iv) of this subparagraph, before'' and
inserting ``Before''; and
(E) in subparagraph (B)(iv)--
(i) by striking ``title 2'' and inserting
``title I''; and
(ii) by striking ``section 206'' and
inserting ``section 106''; and
(3) in paragraph (4), by striking ``(iv),''.
(e) Definitions.--Section 402 of the Ethics in Government Act of
1978 (5 U.S.C. App.) is amended by adding at the end the following:
``(g) For purposes of this title--
``(1) the term `agency' shall include the Executive Office
of the President; and
``(2) the term `officer or employee' shall include any
individual occupying a position, providing any official
services, or acting in an advisory capacity, in the White House
or the Executive Office of the President.
``(h) In this title, a reference to the head of an agency shall
include the President or the President's designee.
``(i) The Director shall not be required to obtain the prior
approval, comment, or review of any officer or agency of the United
States, including the Office of Management and Budget, before
submitting to Congress, or any committee or subcommittee thereof, any
information, reports, recommendations, testimony, or comments, if such
submissions include a statement indicating that the views expressed
therein are those of the Director and do not necessarily represent the
views of the President.''.
SEC. 8035. AGENCY ETHICS OFFICIALS TRAINING AND DUTIES.
(a) In General.--Section 403 of the Ethics in Government Act of
1978 (5 U.S.C. App.) is amended--
(1) in subsection (a), by adding a period at the end of the
matter following paragraph (2); and
(2) by adding at the end the following:
``(c)(1) All designated agency ethics officials and alternate
designated agency ethics officials shall register with the Director as
well as with the appointing authority of the official.
``(2) The Director shall provide ethics education and
training to all designated and alternate designated agency
ethics officials in a time and manner deemed appropriate by the
Director.
``(3) Each designated agency ethics official and each
alternate designated agency ethics official shall biannually
attend ethics education and training, as provided by the
Director under paragraph (2).
``(d) Each Designated Agency Ethics Official, including the
Designated Agency Ethics Official for the Executive Office of the
President--
``(1) shall provide to the Director, in writing, in a
searchable, sortable, and downloadable format, all approvals,
authorizations, certifications, compliance reviews,
determinations, directed divestitures, public financial
disclosure reports, notices of deficiency in compliance,
records related to the approval or acceptance of gifts,
recusals, regulatory or statutory advisory opinions, waivers,
including waivers under section 207 or 208 of title 18, United
States Code, and any other records designated by the Director,
unless disclosure is prohibited by law;
``(2) shall, for all information described in paragraph (1)
that is permitted to be disclosed to the public under law, make
the information available to the public by publishing the
information on the website of the Office of Government Ethics,
providing a link to download an electronic copy of the
information, or providing printed paper copies of such
information to the public; and
``(3) may charge a reasonable fee for the cost of providing
paper copies of the information pursuant to paragraph (2).
``(e)(1) For all information that is provided by an agency to the
Director under paragraph (1) of subsection (d), the Director shall make
the information available to the public in a searchable, sortable,
downloadable format by publishing the information on the website of the
Office of Government Ethics or providing a link to download an
electronic copy of the information.
``(2) The Director may, upon request, provide printed paper copies
of the information published under paragraph (1) and charge a
reasonable fee for the cost of printing such copies.''.
(b) Repeal.--Section 408 of the Ethics in Government Act of 1978 (5
U.S.C. App.) is hereby repealed.
SEC. 8036. PROHIBITION ON USE OF FUNDS FOR CERTAIN FEDERAL EMPLOYEE
TRAVEL IN CONTRAVENTION OF CERTAIN REGULATIONS.
(a) In General.--Beginning on the date of enactment of this Act, no
Federal funds appropriated or otherwise made available in any fiscal
year may be used for the travel expenses of any senior Federal official
in contravention of sections 301-10.260 through 301-10.266 of title 41,
Code of Federal Regulations, or any successor regulation.
(b) Quarterly Report on Travel.--
(1) In general.--Not later than 90 days after the date of
enactment of this Act and every 90 days thereafter, the head of
each Federal agency shall submit a report to the Committee on
Oversight and Reform of the House of Representatives and the
Committee on Homeland Security and Governmental Affairs of the
Senate detailing travel on Government aircraft by any senior
Federal official employed at the applicable agency.
(2) Application.--Any report required under paragraph (1)
shall not include any classified travel, and nothing in this
Act shall be construed to supersede, alter, or otherwise affect
the application of section 101-37.408 of title 41, Code of
Federal Regulations, or any successor regulation.
(c) Travel Regulation Report.--Not later than 1 year after
enactment of this Act, the Director of the Office of Government Ethics
shall submit a report to Congress detailing suggestions on
strengthening Federal travel regulations. On the date such report is so
submitted, the Director shall publish such report on the Office's
public website.
(d) Senior Federal Official Defined.--In this section, the term
``senior Federal official'' has the meaning given that term in section
101-37.100 of title 41, Code of Federal Regulations, as in effect on
the date of enactment of this Act, and includes any senior executive
branch official (as that term is defined in such section).
SEC. 8037. REPORTS ON COST OF PRESIDENTIAL TRAVEL.
(a) Report Required.--Not later than 90 days after the date of the
enactment of this Act, and every 90 days thereafter, the Secretary of
Defense, in consultation with the Secretary of the Air Force, shall
submit to the Chairman and Ranking Member of the Committee on Armed
Services of the House of Representatives a report detailing the direct
and indirect costs to the Department of Defense in support of
Presidential travel. Each such report shall include costs incurred for
travel to a property owned or operated by the individual serving as
President or an immediate family member of such individual.
(b) Immediate Family Member Defined.--In this section, the term
``immediate family member'' means the spouse of such individual, the
adult or minor child of such individual, or the spouse of an adult
child of such individual.
SEC. 8038. REPORTS ON COST OF SENIOR FEDERAL OFFICIAL TRAVEL.
(a) Report Required.--Not later than 90 days after the date of the
enactment of this Act, and every 90 days thereafter, the Secretary of
Defense shall submit to the Chairman and Ranking Member of the
Committee on Armed Services of the House of Representatives a report
detailing the direct and indirect costs to the Department of Defense in
support of travel by senior Federal officials on military aircraft.
Each such report shall include whether spousal travel furnished by the
Department was reimbursed to the Federal Government.
(b) Exception.--Required use travel, as outlined in Department of
Defense Directive 4500.56, shall not be included in reports under
subsection (a).
(c) Senior Federal Official Defined.--In this section, the term
``senior Federal official'' has the meaning given that term in section
8036(d).
Subtitle E--Conflicts From Political Fundraising
SEC. 8041. SHORT TITLE.
This subtitle may be cited as the ``Conflicts from Political
Fundraising Act of 2021''.
SEC. 8042. DISCLOSURE OF CERTAIN TYPES OF CONTRIBUTIONS.
(a) Definitions.--Section 109 of the Ethics in Government Act of
1978 (5 U.S.C. App.) is amended--
(1) by redesignating paragraphs (2) through (19) as
paragraphs (5) through (22), respectively; and
(2) by inserting after paragraph (1) the following:
``(2) `covered contribution' means a payment, advance,
forbearance, rendering, or deposit of money, or any thing of
value--
``(A)(i) that--
``(I) is--
``(aa) made by or on behalf of a
covered individual; or
``(bb) solicited in writing by or
at the request of a covered individual;
and
``(II) is made--
``(aa) to a political organization,
as defined in section 527 of the
Internal Revenue Code of 1986; or
``(bb) to an organization--
``(AA) that is described in
paragraph (4) or (6) of section
501(c) of the Internal Revenue
Code of 1986 and exempt from
tax under section 501(a) of
such Code; and
``(BB) that promotes or
opposes changes in Federal laws
or regulations that are (or
would be) administered by the
agency in which the covered
individual has been nominated
for appointment to a covered
position or is serving in a
covered position; or
``(ii) that is--
``(I) solicited in writing by or on behalf
of a covered individual; and
``(II) made--
``(aa) by an individual or entity
the activities of which are subject to
Federal laws or regulations that are
(or would be) administered by the
agency in which the covered individual
has been nominated for appointment to a
covered position or is serving in a
covered position; and
``(bb) to--
``(AA) a political
organization, as defined in
section 527 of the Internal
Revenue Code of 1986; or
``(BB) an organization that
is described in paragraph (4)
or (6) of section 501(c) of the
Internal Revenue Code of 1986
and exempt from tax under
section 501(a) of such Code;
and
``(B) that is made to an organization described in
item (aa) or (bb) of clause (i)(II) or clause
(ii)(II)(bb) of subparagraph (A) for which the total
amount of such payments, advances, forbearances,
renderings, or deposits of money, or any thing of
value, during the calendar year in which it is made is
not less than the contribution limitation in effect
under section 315(a)(1)(A) of the Federal Election
Campaign Act of 1971 (52 U.S.C. 30116(a)(1)(A)) for
elections occurring during such calendar year;
``(3) `covered individual' means an individual who has been
nominated or appointed to a covered position; and
``(4) `covered position'--
``(A) means--
``(i) a position described under sections
5312 through 5316 of title 5, United States
Code;
``(ii) a position placed in level IV or V
of the Executive Schedule under section 5317 of
title 5, United States Code;
``(iii) a position as a limited term
appointee, limited emergency appointee, or
noncareer appointee in the Senior Executive
Service, as defined under paragraphs (5), (6),
and (7), respectively, of section 3132(a) of
title 5, United States Code;
``(iv) 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 of the Code of
Federal Regulations; and
``(v) a chief of mission (as defined in
section 102(a)(3) of the Foreign Service Act of
1980); and
``(B) does not include a position if the individual
serving in the position has been excluded from the
application of section 101(f)(5);''.
(b) Disclosure Requirements.--The Ethics in Government Act of 1978
(5 U.S.C. App.) is amended--
(1) in section 101--
(A) in subsection (a)--
(i) by inserting ``(1)'' before ``Within'';
(ii) by striking ``unless'' and inserting
``and, if the individual is assuming a covered
position, the information described in section
102(j), except that, subject to paragraph (2),
the individual shall not be required to file a
report if''; and
(iii) by adding at the end the following:
``(2) If an individual has left a position described in subsection
(f) that is not a covered position and, within 30 days, assumes a
position that is a covered position, the individual shall, within 30
days of assuming the covered position, file a report containing the
information described in section 102(j)(2)(A).'';
(B) in subsection (b)(1), in the first sentence, by
inserting ``and the information required by section
102(j)'' after ``described in section 102(b)'';
(C) in subsection (d), by inserting ``and, if the
individual is serving in a covered position, the
information required by section 102(j)(2)(A)'' after
``described in section 102(a)''; and
(D) in subsection (e), by inserting ``and, if the
individual was serving in a covered position, the
information required by section 102(j)(2)(A)'' after
``described in section 102(a)''; and
(2) in section 102--
(A) in subsection (g), by striking ``Political
campaign funds'' and inserting ``Except as provided in
subsection (j), political campaign funds''; and
(B) by adding at the end the following:
``(j)(1) In this subsection--
``(A) the term `applicable period' means--
``(i) with respect to a report filed pursuant to
subsection (a) or (b) of section 101, the year of
filing and the 4 calendar years preceding the year of
the filing; and
``(ii) with respect to a report filed pursuant to
subsection (d) or (e) of section 101, the preceding
calendar year; and
``(B) the term `covered gift' means a gift that--
``(i) is made to a covered individual, the spouse
of a covered individual, or the dependent child of a
covered individual;
``(ii) is made by an entity described in item (aa)
or (bb) of section 109(2)(A)(i)(II); and
``(iii) would have been required to be reported
under subsection (a)(2) if the covered individual had
been required to file a report under section 101(d)
with respect to the calendar year during which the gift
was made.
``(2)(A) A report filed pursuant to subsection (a), (b), (d), or
(e) of section 101 by a covered individual shall include, for each
covered contribution during the applicable period--
``(i) the date on which the covered contribution was made;
``(ii) if applicable, the date or dates on which the
covered contribution was solicited;
``(iii) the value of the covered contribution;
``(iv) the name of the person making the covered
contribution; and
``(v) the name of the person receiving the covered
contribution.
``(B)(i) Subject to clause (ii), a covered contribution made by or
on behalf of, or that was solicited in writing by or on behalf of, a
covered individual shall constitute a conflict of interest, or an
appearance thereof, with respect to the official duties of the covered
individual.
``(ii) The Director of the Office of Government Ethics may exempt a
covered contribution from the application of clause (i) if the Director
determines the circumstances of the solicitation and making of the
covered contribution do not present a risk of a conflict of interest
and the exemption of the covered contribution would not affect
adversely the integrity of the Government or the public's confidence in
the integrity of the Government.
``(3) A report filed pursuant to subsection (a) or (b) of section
101 by a covered individual shall include the information described in
subsection (a)(2) with respect to each covered gift received during the
applicable period.''.
(c) Provision of Reports and Ethics Agreements to Congress.--
Section 105 of the Ethics in Government Act of 1978 (5 U.S.C. App.) is
amended by adding at the end the following:
``(e) Not later than 30 days after receiving a written request from
the Chairman or Ranking Member of a committee or subcommittee of either
House of Congress, the Director of the Office of Government Ethics
shall provide to the Chairman and Ranking Member each report filed
under this title by the covered individual and any ethics agreement
entered into between the agency and the covered individual.''.
(d) Rules on Ethics Agreements.--The Director of the Office of
Government Ethics shall promptly issue rules regarding how an agency in
the executive branch shall address information required to be disclosed
under the amendments made by this subtitle in drafting ethics
agreements between the agency and individuals appointed to positions in
the agency.
(e) Technical and Conforming Amendments.--
(1) The Ethics in Government Act of 1978 (5 U.S.C. App.) is
amended--
(A) in section 101(f)--
(i) in paragraph (9), by striking ``section
109(12)'' and inserting ``section 109(15)'';
(ii) in paragraph (10), by striking
``section 109(13)'' and inserting ``section
109(16)'';
(iii) in paragraph (11), by striking
``section 109(10)'' and inserting ``section
109(13)''; and
(iv) in paragraph (12), by striking
``section 109(8)'' and inserting ``section
109(11)'';
(B) in section 103(l)--
(i) in paragraph (9), by striking ``section
109(12)'' and inserting ``section 109(15)'';
and
(ii) in paragraph (10), by striking
``section 109(13)'' and inserting ``section
109(16)''; and
(C) in section 105(b)(3)(A), by striking ``section
109(8) or 109(10)'' and inserting ``section 109(11) or
109(13)''.
(2) Section 3(4)(D) of the Lobbying Disclosure Act of 1995
(2 U.S.C. 1602(4)(D)) is amended by striking ``section
109(13)'' and inserting ``section 109(16)''.
(3) Section 21A of the Securities Exchange Act of 1934 (15
U.S.C. 78u-1) is amended--
(A) in subsection (g)(2)(B)(ii), by striking
``section 109(11) of the Ethics in Government Act of
1978 (5 U.S.C. App. 109(11)))'' and inserting ``section
109 of the Ethics in Government Act of 1978 (5 U.S.C.
App.))''; and
(B) in subsection (h)(2)--
(i) in subparagraph (B), by striking
``section 109(8) of the Ethics in Government
Act of 1978 (5 U.S.C. App. 109(8))'' and
inserting ``section 109 of the Ethics in
Government Act of 1978 (5 U.S.C. App.)''; and
(ii) in subparagraph (C), by striking
``section 109(10) of the Ethics in Government
Act of 1978 (5 U.S.C. App. 109(10))'' and
inserting ``section 109 of the Ethics in
Government Act of 1978 (5 U.S.C. App.)''.
(4) Section 499(j)(2) of the Public Health Service Act (42
U.S.C. 290b(j)(2)) is amended by striking ``section 109(16) of
the Ethics in Government Act of 1978'' and inserting ``section
109 of the Ethics in Government Act of 1978 (5 U.S.C. App.)''.
Subtitle F--Transition Team Ethics
SEC. 8051. SHORT TITLE.
This subtitle may be cited as the ``Transition Team Ethics
Improvement Act''.
SEC. 8052. PRESIDENTIAL TRANSITION ETHICS PROGRAMS.
The Presidential Transition Act of 1963 (3 U.S.C. 102 note) is
amended--
(1) in section 3(f), by adding at the end the following:
``(3) Not later than 10 days after submitting an application for a
security clearance for any individual, and not later than 10 days after
any such individual is granted a security clearance (including an
interim clearance), each eligible candidate (as that term is described
in subsection (h)(4)(A)) or the President-elect (as the case may be)
shall submit a report containing the name of such individual to the
Committee on Oversight and Reform of the House of Representatives and
the Committee on Homeland Security and Governmental Affairs of the
Senate.''; and
(2) in section 6(b)--
(A) in paragraph (1)--
(i) in subparagraph (A), by striking
``and'' at the end;
(ii) in subparagraph (B), by striking the
period at the end and inserting a semicolon;
and
(iii) by adding at the end the following:
``(C) a list of all positions each transition team member
has held outside the Federal Government for the previous 12-
month period, including paid and unpaid positions;
``(D) sources of compensation for each transition team
member exceeding $5,000 a year for the previous 12-month
period;
``(E) a description of the role of each transition team
member, including a list of any policy issues that the member
expects to work on, and a list of agencies the member expects
to interact with, while serving on the transition team;
``(F) a list of any issues from which each transition team
member will be recused while serving as a member of the
transition team pursuant to the transition team ethics plan
outlined in section 4(g)(3); and
``(G) an affirmation that no transition team member has a
financial conflict of interest that precludes the member from
working on the matters described in subparagraph (E).'';
(B) in paragraph (2), by inserting ``not later than
2 business days'' after ``public''; and
(C) by adding at the end the following:
``(3) The head of a Federal department or agency, or their
designee, shall not permit access to the Federal department or agency,
or employees of such department or agency, that would not be provided
to a member of the public for any transition team member who does not
make the disclosures listed under paragraph (1).''.
Subtitle G--Ethics Pledge For Senior Executive Branch Employees
SEC. 8061. SHORT TITLE.
This subtitle may be cited as the ``Ethics in Public Service Act''.
SEC. 8062. ETHICS PLEDGE REQUIREMENT FOR SENIOR EXECUTIVE BRANCH
EMPLOYEES.
The Ethics in Government Act of 1978 (5 U.S.C. App. 101 et seq.) is
amended by inserting after title I the following new title:
``TITLE II--ETHICS PLEDGE
``SEC. 201. DEFINITIONS.
``For the purposes of this title, the following definitions apply:
``(1) The term `executive agency' has the meaning given
that term in section 105 of title 5, United States Code, and
includes the Executive Office of the President, the United
States Postal Service, and Postal Regulatory Commission, but
does not include the Government Accountability Office.
``(2) The term `appointee' means any noncareer Presidential
or Vice-Presidential appointee, noncareer appointee in the
Senior Executive Service (or other SES-type system), or
appointee to a position that has been excepted from the
competitive service by reason of being of a confidential or
policymaking character (Schedule C and other positions excepted
under comparable criteria) in an executive agency, but does not
include any individual appointed as a member of the Senior
Foreign Service or solely as a uniformed service commissioned
officer.
``(3) The term `gift'--
``(A) has the meaning given that term in section
2635.203(b) of title 5, Code of Federal Regulations (or
any successor regulation); and
``(B) does not include those items excluded by
sections 2635.204(b), (c), (e)(1), (e)(3), (j), (k),
and (l) of such title 5.
``(4) The term `covered executive branch official' and
`lobbyist' have the meanings given those terms in section 3 of
the Lobbying Disclosure Act of 1995 (2 U.S.C. 1602).
``(5) The term `registered lobbyist or lobbying
organization' means a lobbyist or an organization filing a
registration pursuant to section 4(a) of the Lobbying
Disclosure Act of 1995 (2 U.S.C. 1603(a)), and in the case of
an organization filing such a registration, `registered
lobbyist' includes each of the lobbyists identified therein.
``(6) The term `lobby' and `lobbied' mean to act or have
acted as a registered lobbyist.
``(7) The term `former employer'--
``(A) means a person or entity for whom an
appointee served as an employee, officer, director,
trustee, partner, agent, attorney, consultant, or
contractor during the 2-year period ending on the date
before the date on which the covered employee begins
service in the Federal Government; and
``(B) does not include--
``(i) an agency or instrumentality of the
Federal Government;
``(ii) a State or local government;
``(iii) the District of Columbia;
``(iv) an Indian tribe, as defined in
section 4 of the Indian Self-Determination and
Education Assistance Act (25 U.S.C. 5304); or
``(v) the government of a territory or
possession of the United States.
``(8) The term `former client' means a person or entity for
whom an appointee served personally as agent, attorney, or
consultant during the 2-year period ending on the date before
the date on which the covered employee begins service in the
Federal Government, but does not include an agency or
instrumentality of the Federal Government.
``(9) The term `directly and substantially related to my
former employer or former clients' means matters in which the
appointee's former employer or a former client is a party or
represents a party.
``(10) The term `participate' means to participate
personally and substantially.
``(11) The term `post-employment restrictions' includes the
provisions and exceptions in section 207(c) of title 18, United
States Code, and the implementing regulations.
``(12) The term `Government official' means any employee of
the executive branch.
``(13) The term `Administration' means all terms of office
of the incumbent President serving at the time of the
appointment of an appointee covered by this title.
``(14) The term `pledge' means the ethics pledge set forth
in section 202 of this title.
``(15) All references to provisions of law and regulations
shall refer to such provisions as in effect on the date of
enactment of this title.
``SEC. 202. ETHICS PLEDGE.
``Each appointee in every executive agency appointed on or after
the date of enactment of this section shall be required to sign an
ethics pledge upon appointment. The pledge shall be signed and dated
within 30 days of taking office and shall include, at a minimum, the
following elements:
```As a condition, and in consideration, of my employment in the
United States Government in a position invested with the public trust,
I commit myself to the following obligations, which I understand are
binding on me and are enforceable under law:
```(1) Lobbyist Gift Ban.--I will not accept gifts from
registered lobbyists or lobbying organizations for the duration
of my service as an appointee.
```(2) Revolving Door Ban; Entering Government.--
```(A) All Appointees Entering Government.--I will
not, for a period of 2 years from the date of my
appointment, participate in any particular matter
involving specific party or parties that is directly
and substantially related to my former employer or
former clients, including regulations and contracts.
```(B) Lobbyists Entering Government.--If I was a
registered lobbyist within the 2 years before the date
of my appointment, in addition to abiding by the
limitations of subparagraph (A), I will not for a
period of 2 years after the date of my appointment--
```(i) participate in any particular matter
on which I lobbied within the 2 years before
the date of my appointment;
```(ii) participate in the specific issue
area in which that particular matter falls; or
```(iii) seek or accept employment with any
executive agency that I lobbied within the 2
years before the date of my appointment.
```(3) Revolving Door Ban; Appointees Leaving Government.--
```(A) All Appointees Leaving Government.--If, upon
my departure from the Government, I am covered by the
post-employment restrictions on communicating with
employees of my former executive agency set forth in
section 207(c) of title 18, United States Code, I agree
that I will abide by those restrictions for a period of
2 years following the end of my appointment.
```(B) Appointees Leaving Government to Lobby.--In
addition to abiding by the limitations of subparagraph
(A), I also agree, upon leaving Government service, not
to lobby any covered executive branch official or
noncareer Senior Executive Service appointee for the
remainder of the Administration.
```(4) Employment Qualification Commitment.--I agree that
any hiring or other employment decisions I make will be based
on the candidate's qualifications, competence, and experience.
```(5) Assent to Enforcement.--I acknowledge that title II
of the Ethics in Government Act of 1978, which I have read
before signing this document, defines certain of the terms
applicable to the foregoing obligations and sets forth the
methods for enforcing them. I expressly accept the provisions
of that title as a part of this agreement and as binding on me.
I understand that the terms of this pledge are in addition to
any statutory or other legal restrictions applicable to me by
virtue of Federal Government service.' .
``SEC. 203. WAIVER.
``(a) The President or the President's designee may grant to any
current or former appointee a written waiver of any restrictions
contained in the pledge signed by such appointee if, and to the extent
that, the President or the President's designee certifies (in writing)
that, in light of all the relevant circumstances, the interest of the
Federal Government in the employee's participation outweighs the
concern that a reasonable person may question the integrity of the
agency's programs or operations.
``(b) Any waiver under this section shall take effect when the
certification is signed by the President or the President's designee.
``(c) For purposes of subsection (a)(2), the public interest shall
include exigent circumstances relating to national security or to the
economy. De minimis contact with an executive agency shall be cause for
a waiver of the restrictions contained in paragraph (2)(B) of the
pledge.
``(d) For any waiver granted under this section, the individual who
granted the waiver shall--
``(1) provide a copy of the waiver to the Director not more
than 48 hours after the waiver is granted; and
``(2) publish the waiver on the website of the applicable
agency not later than 30 calendar days after granting such
waiver.
``(e) Upon receiving a written waiver under subsection (d), the
Director shall--
``(1) review the waiver to determine whether the Director
has any objection to the issuance of the waiver; and
``(2) if the Director so objects--
``(A) provide reasons for the objection in writing
to the head of the agency who granted the waiver not
more than 15 calendar days after the waiver was
granted; and
``(B) publish the written objection on the website
of the Office of Government Ethics not more than 30
calendar days after the waiver was granted.
``SEC. 204. ADMINISTRATION.
``(a) The head of each executive agency shall, in consultation with
the Director of the Office of Government Ethics, establish such rules
or procedures (conforming as nearly as practicable to the agency's
general ethics rules and procedures, including those relating to
designated agency ethics officers) as are necessary or appropriate to
ensure--
``(1) that every appointee in the agency signs the pledge
upon assuming the appointed office or otherwise becoming an
appointee;
``(2) that compliance with paragraph (2)(B) of the pledge
is addressed in a written ethics agreement with each appointee
to whom it applies;
``(3) that spousal employment issues and other conflicts
not expressly addressed by the pledge are addressed in ethics
agreements with appointees or, where no such agreements are
required, through ethics counseling; and
``(4) compliance with this title within the agency.
``(b) With respect to the Executive Office of the President, the
duties set forth in subsection (a) shall be the responsibility of the
Counsel to the President.
``(c) The Director of the Office of Government Ethics shall--
``(1) ensure that the pledge and a copy of this title are
made available for use by agencies in fulfilling their duties
under subsection (a);
``(2) in consultation with the Attorney General or the
Counsel to the President, when appropriate, assist designated
agency ethics officers in providing advice to current or former
appointees regarding the application of the pledge;
``(3) adopt such rules or procedures as are necessary or
appropriate--
``(A) to carry out the responsibilities assigned by
this subsection;
``(B) to apply the lobbyist gift ban set forth in
paragraph 1 of the pledge to all executive branch
employees;
``(C) to authorize limited exceptions to the
lobbyist gift ban for circumstances that do not
implicate the purposes of the ban;
``(D) to make clear that no person shall have
violated the lobbyist gift ban if the person properly
disposes of a gift;
``(E) to ensure that existing rules and procedures
for Government employees engaged in negotiations for
future employment with private businesses that are
affected by their official actions do not affect the
integrity of the Government's programs and operations;
and
``(F) to ensure, in consultation with the Director
of the Office of Personnel Management, that the
requirement set forth in paragraph (4) of the pledge is
honored by every employee of the executive branch;
``(4) in consultation with the Director of the Office of
Management and Budget, report to the President, the Committee
on Oversight and Reform of the House of Representatives, and
the Committee on Homeland Security and Governmental Affairs of
the Senate on whether full compliance is being achieved with
existing laws and regulations governing executive branch
procurement lobbying disclosure and on steps the executive
branch can take to expand to the fullest extent practicable
disclosure of such executive branch procurement lobbying and of
lobbying for presidential pardons, and to include in the report
both immediate action the executive branch can take and, if
necessary, recommendations for legislation; and
``(5) provide an annual public report on the administration
of the pledge and this title.
``(d) All pledges signed by appointees, and all waiver
certifications with respect thereto, shall be filed with the head of
the appointee's agency for permanent retention in the appointee's
official personnel folder or equivalent folder.''.
Subtitle H--Travel on Private Aircraft by Senior Political Appointees
SEC. 8071. SHORT TITLE.
This subtitle may be cited as the ``Stop Waste And Misuse by
Presidential Flyers Landing Yet Evading Rules and Standards'' or the
``SWAMP FLYERS''.
SEC. 8072. PROHIBITION ON USE OF FUNDS FOR TRAVEL ON PRIVATE AIRCRAFT.
(a) In General.--Beginning on the date of enactment of this
subtitle, no Federal funds appropriated or otherwise made available in
any fiscal year may be used to pay the travel expenses of any senior
political appointee for travel on official business on a non-
commercial, private, or chartered flight.
(b) Exceptions.--The limitation in subsection (a) shall not apply--
(1) if no commercial flight was available for the travel in
question, consistent with subsection (c); or
(2) to any travel on aircraft owned or leased by the
Government.
(c) Certification.--
(1) In general.--Any senior political appointee who travels
on a non-commercial, private, or chartered flight under the
exception provided in subsection (b)(1) shall, not later than
30 days after the date of such travel, submit a written
statement to Congress certifying that no commercial flight was
available.
(2) Penalty.--Any statement submitted under paragraph (1)
shall be considered a statement for purposes of applying
section 1001 of title 18, United States Code.
(d) Definition of Senior Political Appointee.--In this subtitle,
the term ``senior political appointee'' means any individual
occupying--
(1) a position listed under the Executive Schedule
(subchapter II of chapter 53 of title 5, United States Code);
(2) a Senior Executive Service position that is not a
career appointee as defined under section 3132(a)(4) of such
title; or
(3) a position of a confidential or policy-determining
character under schedule C of subpart C of part 213 of title 5,
Code of Federal Regulations.
Subtitle I--Severability
SEC. 8081. SEVERABILITY.
If any provision of this title or any amendment made by this title,
or any application of such provision or amendment to any person or
circumstance, is held to be unconstitutional, the remainder of the
provisions of this title and the amendments made by this title, and the
application of the provision or amendment to any other person or
circumstance, shall not be affected.
TITLE IX--CONGRESSIONAL ETHICS REFORM
Subtitle A--Requiring Members of Congress To Reimburse Treasury for
Amounts Paid as Settlements and Awards Under Congressional
Accountability Act of 1995
Sec. 9001. Requiring Members of Congress to reimburse Treasury for
amounts paid as settlements and awards
under Congressional Accountability Act of
1995 in all cases of employment
discrimination acts by Members.
Subtitle B--Conflicts of Interests
Sec. 9101. Prohibiting Members of House of Representatives from serving
on boards of for-profit entities.
Sec. 9102. Conflict of interest rules for Members of Congress and
congressional staff.
Sec. 9103. Exercise of rulemaking powers.
Subtitle C--Campaign Finance and Lobbying Disclosure
Sec. 9201. Short title.
Sec. 9202. Requiring disclosure in certain reports filed with Federal
Election Commission of persons who are
registered lobbyists.
Sec. 9203. Effective date.
Subtitle D--Access to Congressionally Mandated Reports
Sec. 9301. Short title.
Sec. 9302. Definitions.
Sec. 9303. Establishment of online portal for congressionally mandated
reports.
Sec. 9304. Federal agency responsibilities.
Sec. 9305. Removing and altering reports.
Sec. 9306. Relationship to the Freedom of Information Act.
Sec. 9307. Implementation.
Subtitle E--Reports on Outside Compensation Earned by Congressional
Employees
Sec. 9401. Reports on outside compensation earned by congressional
employees.
Subtitle F--Severability
Sec. 9501. Severability.
Subtitle A--Requiring Members of Congress To Reimburse Treasury for
Amounts Paid as Settlements and Awards Under Congressional
Accountability Act of 1995
SEC. 9001. REQUIRING MEMBERS OF CONGRESS TO REIMBURSE TREASURY FOR
AMOUNTS PAID AS SETTLEMENTS AND AWARDS UNDER
CONGRESSIONAL ACCOUNTABILITY ACT OF 1995 IN ALL CASES OF
EMPLOYMENT DISCRIMINATION ACTS BY MEMBERS.
(a) Requiring Reimbursement.--Clause (i) of section 415(d)(1)(C) of
the Congressional Accountability Act of 1995 (2 U.S.C. 1415(d)(1)(C))
is amended to read as follows:
``(i) a violation of section 201(a) or
section 206(a); or''.
(b) Conforming Amendment Relating to Notification of Possibility of
Reimbursement.--Clause (i) of section 402(b)(2)(B) of the Congressional
Accountability Act of 1995 (2 U.S.C. 1402(b)(2)(B)) is amended to read
as follows:
``(i) a violation of section 201(a) or
section 206(a); or''.
(c) Effective Date.--The amendments made by this section shall take
effect as if included in the enactment of the Congressional
Accountability Act of 1995 Reform Act.
Subtitle B--Conflicts of Interests
SEC. 9101. PROHIBITING MEMBERS OF HOUSE OF REPRESENTATIVES FROM SERVING
ON BOARDS OF FOR-PROFIT ENTITIES.
Rule XXIII of the Rules of the House of Representatives is
amended--
(1) by redesignating clause 22 as clause 23; and
(2) by inserting after clause 21 the following new clause:
``22. A Member, Delegate, or Resident Commissioner may not serve on
the board of directors of any for-profit entity.''.
SEC. 9102. CONFLICT OF INTEREST RULES FOR MEMBERS OF CONGRESS AND
CONGRESSIONAL STAFF.
No Member, officer, or employee of a committee or Member of either
House of Congress may knowingly use his or her official position to
introduce or aid the progress or passage of legislation, a principal
purpose of which is to further only his or her pecuniary interest, only
the pecuniary interest of his or her immediate family, or only the
pecuniary interest of a limited class of persons or enterprises, when
he or she, or his or her immediate family, or enterprises controlled by
them, are members of the affected class.
SEC. 9103. EXERCISE OF RULEMAKING POWERS.
The provisions of this subtitle are 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.
Subtitle C--Campaign Finance and Lobbying Disclosure
SEC. 9201. SHORT TITLE.
This subtitle may be cited as the ``Connecting Lobbyists and
Electeds for Accountability and Reform Act'' or the ``CLEAR Act''.
SEC. 9202. REQUIRING DISCLOSURE IN CERTAIN REPORTS FILED WITH FEDERAL
ELECTION COMMISSION OF PERSONS WHO ARE REGISTERED
LOBBYISTS.
(a) Reports Filed by Political Committees.--Section 304(b) of the
Federal Election Campaign Act of 1971 (52 U.S.C. 30104(b)) is amended--
(1) by striking ``and'' at the end of paragraph (7);
(2) by striking the period at the end of paragraph (8) and
inserting ``; and''; and
(3) by adding at the end the following new paragraph:
``(9) if any person identified in subparagraph (A), (E),
(F), or (G) of paragraph (3) is a registered lobbyist under the
Lobbying Disclosure Act of 1995, a separate statement that such
person is a registered lobbyist under such Act.''.
(b) Reports Filed by Persons Making Independent Expenditures.--
Section 304(c)(2) of such Act (52 U.S.C. 30104(c)(2)) is amended--
(1) by striking ``and'' at the end of subparagraph (B);
(2) by striking the period at the end of subparagraph (C)
and inserting ``; and''; and
(3) by adding at the end the following new subparagraph:
``(D) if the person filing the statement, or a person whose
identification is required to be disclosed under subparagraph
(C), is a registered lobbyist under the Lobbying Disclosure Act
of 1995, a separate statement that such person is a registered
lobbyist under such Act.''.
(c) Reports Filed by Persons Making Disbursements for
Electioneering Communications.--Section 304(f)(2) of such Act (52
U.S.C. 30104(f)(2)) is amended by adding at the end the following new
subparagraph:
``(G) If the person making the disbursement, or a
contributor described in subparagraph (E) or (F), is a
registered lobbyist under the Lobbying Disclosure Act
of 1995, a separate statement that such person or
contributor is a registered lobbyist under such Act.''.
(d) Requiring Commission To Establish Link to Websites of Clerk of
House and Secretary of Senate.--Section 304 of such Act (52 U.S.C.
30104), as amended by section 4002 and section 4208(a), is amended by
adding at the end the following new subsection:
``(l) Requiring Information on Registered Lobbyists To Be Linked to
Websites of Clerk of House and Secretary of Senate.--
``(1) Links to websites.--The Commission shall ensure that
the Commission's public database containing information
described in paragraph (2) is linked electronically to the
websites maintained by the Secretary of the Senate and the
Clerk of the House of Representatives containing information
filed pursuant to the Lobbying Disclosure Act of 1995.
``(2) Information described.--The information described in
this paragraph is each of the following:
``(A) Information disclosed under paragraph (9) of
subsection (b).
``(B) Information disclosed under subparagraph (D)
of subsection (c)(2).
``(C) Information disclosed under subparagraph (G)
of subsection (f)(2).''.
SEC. 9203. EFFECTIVE DATE.
The amendments made by this subtitle shall apply with respect to
reports required to be filed under the Federal Election Campaign Act of
1971 on or after the expiration of the 90-day period which begins on
the date of the enactment of this Act.
Subtitle D--Access to Congressionally Mandated Reports
SEC. 9301. SHORT TITLE.
This subtitle may be cited as the ``Access to Congressionally
Mandated Reports Act''.
SEC. 9302. DEFINITIONS.
In this subtitle:
(1) Congressionally mandated report.--The term
``congressionally mandated report''--
(A) means a report that is required to be submitted
to either House of Congress or any committee of
Congress, or subcommittee thereof, by a statute,
resolution, or conference report that accompanies
legislation enacted into law; and
(B) does not include a report required under part B
of subtitle II of title 36, United States Code.
(2) Director.--The term ``Director'' means the Director of
the Government Publishing Office.
(3) Federal agency.--The term ``Federal agency'' has the
meaning given that term under section 102 of title 40, United
States Code, but does not include the Government Accountability
Office.
(4) Open format.--The term ``open format'' means a file
format for storing digital data based on an underlying open
standard that--
(A) is not encumbered by any restrictions that
would impede reuse; and
(B) is based on an underlying open data standard
that is maintained by a standards organization.
(5) Reports online portal.--The term ``reports online
portal'' means the online portal established under section
9303(a).
SEC. 9303. ESTABLISHMENT OF ONLINE PORTAL FOR CONGRESSIONALLY MANDATED
REPORTS.
(a) Requirement To Establish Online Portal.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, the Director shall establish and
maintain an online portal accessible by the public that allows
the public to obtain electronic copies of all congressionally
mandated reports in one place. The Director may publish other
reports on the online portal.
(2) Existing functionality.--To the extent possible, the
Director shall meet the requirements under paragraph (1) by
using existing online portals and functionality under the
authority of the Director.
(3) Consultation.--In carrying out this subtitle, the
Director shall consult with the Clerk of the House of
Representatives, the Secretary of the Senate, and the Librarian
of Congress regarding the requirements for and maintenance of
congressionally mandated reports on the reports online portal.
(b) Content and Function.--The Director shall ensure that the
reports online portal includes the following:
(1) Subject to subsection (c), with respect to each
congressionally mandated report, each of the following:
(A) A citation to the statute, conference report,
or resolution requiring the report.
(B) An electronic copy of the report, including any
transmittal letter associated with the report, in an
open format that is platform independent and that is
available to the public without restrictions, including
restrictions that would impede the re-use of the
information in the report.
(C) The ability to retrieve a report, to the extent
practicable, through searches based on each, and any
combination, of the following:
(i) The title of the report.
(ii) The reporting Federal agency.
(iii) The date of publication.
(iv) Each congressional committee receiving
the report, if applicable.
(v) The statute, resolution, or conference
report requiring the report.
(vi) Subject tags.
(vii) A unique alphanumeric identifier for
the report that is consistent across report
editions.
(viii) The serial number, Superintendent of
Documents number, or other identification
number for the report, if applicable.
(ix) Key words.
(x) Full text search.
(xi) Any other relevant information
specified by the Director.
(D) The date on which the report was required to be
submitted, and on which the report was submitted, to
the reports online portal.
(E) Access to the report not later than 30 calendar
days after its submission to Congress.
(F) To the extent practicable, a permanent means of
accessing the report electronically.
(2) A means for bulk download of all congressionally
mandated reports.
(3) A means for downloading individual reports as the
result of a search.
(4) An electronic means for the head of each Federal agency
to submit to the reports online portal each congressionally
mandated report of the agency, as required by section 9304.
(5) In tabular form, a list of all congressionally mandated
reports that can be searched, sorted, and downloaded by--
(A) reports submitted within the required time;
(B) reports submitted after the date on which such
reports were required to be submitted; and
(C) reports not submitted.
(c) Noncompliance by Federal Agencies.--
(1) Reports not submitted.--If a Federal agency does not
submit a congressionally mandated report to the Director, the
Director shall to the extent practicable--
(A) include on the reports online portal--
(i) the information required under clauses
(i), (ii), (iv), and (v) of subsection
(b)(1)(C); and
(ii) the date on which the report was
required to be submitted; and
(B) include the congressionally mandated report on
the list described in subsection (b)(5)(C).
(2) Reports not in open format.--If a Federal agency
submits a congressionally mandated report that is not in an
open format, the Director shall include the congressionally
mandated report in another format on the reports online portal.
(d) Free Access.--The Director may not charge a fee, require
registration, or impose any other limitation in exchange for access to
the reports online portal.
(e) Upgrade Capability.--The reports online portal shall be
enhanced and updated as necessary to carry out the purposes of this
subtitle.
SEC. 9304. FEDERAL AGENCY RESPONSIBILITIES.
(a) Submission of Electronic Copies of Reports.--Concurrently with
the submission to Congress of each congressionally mandated report, the
head of the Federal agency submitting the congressionally mandated
report shall submit to the Director the information required under
subparagraphs (A) through (D) of section 9303(b)(1) with respect to the
congressionally mandated report. Nothing in this subtitle shall relieve
a Federal agency of any other requirement to publish the
congressionally mandated report on the online portal of the Federal
agency or otherwise submit the congressionally mandated report to
Congress or specific committees of Congress, or subcommittees thereof.
(b) Guidance.--Not later than 240 days after the date of enactment
of this Act, the Director of the Office of Management and Budget, in
consultation with the Director, shall issue guidance to agencies on the
implementation of this subtitle.
(c) Structure of Submitted Report Data.--The head of each Federal
agency shall ensure that each congressionally mandated report submitted
to the Director complies with the open format criteria established by
the Director in the guidance issued under subsection (b).
(d) Point of Contact.--The head of each Federal agency shall
designate a point of contact for congressionally mandated report.
(e) List of Reports.--As soon as practicable each calendar year
(but not later than April 1), and on a rolling basis during the year if
feasible, the Librarian of Congress shall submit to the Director a list
of congressionally mandated reports from the previous calendar year, in
consultation with the Clerk of the House of Representatives, which
shall--
(1) be provided in an open format;
(2) include the information required under clauses (i),
(ii), (iv), and (v) of section 9303(b)(1)(C) for each report;
(3) include the frequency of the report;
(4) include a unique alphanumeric identifier for the report
that is consistent across report editions;
(5) include the date on which each report is required to be
submitted; and
(6) be updated and provided to the Director, as necessary.
SEC. 9305. REMOVING AND ALTERING REPORTS.
A report submitted to be published to the reports online portal may
only be changed or removed, with the exception of technical changes, by
the head of the Federal agency concerned if--
(1) the head of the Federal agency consults with each
congressional committee to which the report is submitted; and
(2) Congress enacts a joint resolution authorizing the
changing or removal of the report.
SEC. 9306. RELATIONSHIP TO THE FREEDOM OF INFORMATION ACT.
(a) In General.--Nothing in this subtitle shall be construed to--
(1) require the disclosure of information or records that
are exempt from public disclosure under section 552 of title 5,
United States Code; or
(2) to impose any affirmative duty on the Director to
review congressionally mandated reports submitted for
publication to the reports online portal for the purpose of
identifying and redacting such information or records.
(b) Redaction of Information.--The head of a Federal agency may
redact information required to be disclosed under this subtitle if the
information would be properly withheld from disclosure under section
552 of title 5, United States Code, and shall--
(1) redact information required to be disclosed under this
subtitle if disclosure of such information is prohibited by
law;
(2) redact information being withheld under this subsection
prior to submitting the information to the Director;
(3) redact only such information properly withheld under
this subsection from the submission of information or from any
congressionally mandated report submitted under this subtitle;
(4) identify where any such redaction is made in the
submission or report; and
(5) identify the exemption under which each such redaction
is made.
SEC. 9307. IMPLEMENTATION.
Except as provided in section 9304(b), this subtitle shall be
implemented not later than 1 year after the date of enactment of this
Act and shall apply with respect to congressionally mandated reports
submitted to Congress on or after the date that is 1 year after such
date of enactment.
Subtitle E--Reports on Outside Compensation Earned by Congressional
Employees
SEC. 9401. REPORTS ON OUTSIDE COMPENSATION EARNED BY CONGRESSIONAL
EMPLOYEES.
(a) Reports.--The supervisor of an individual who performs services
for any Member, committee, or other office of the Senate or House of
Representatives for a period in excess of four weeks and who receives
compensation therefor from any source other than the Federal Government
shall submit a report identifying the identity of the source, amount,
and rate of such compensation to--
(1) the Select Committee on Ethics of the Senate, in the
case of an individual who performs services for a Member,
committee, or other office of the Senate; or
(2) the Committee on Ethics of the House of
Representatives, in the case of an individual who performs
services for a Member (including a Delegate or Resident
Commissioner to the Congress), committee, or other office of
the House.
(b) Timing.--The supervisor shall submit the report required under
subsection (a) with respect to an individual--
(1) when such individual first begins performing services
described in such subparagraph;
(2) at the close of each calendar quarter during which such
individual is performing such services; and
(3) when such individual ceases to perform such services.
Subtitle F--Severability
SEC. 9501. SEVERABILITY.
If any provision of this title or amendment made by this title, or
the application of a provision or amendment to any person or
circumstance, is held to be unconstitutional, the remainder of this
title and amendments made by this title, and the application of the
provisions and amendment to any person or circumstance, shall not be
affected by the holding.
TITLE X--PRESIDENTIAL AND VICE PRESIDENTIAL TAX TRANSPARENCY
Sec. 10001. Presidential and Vice Presidential tax transparency.
SEC. 10001. PRESIDENTIAL AND VICE PRESIDENTIAL TAX TRANSPARENCY.
(a) Definitions.--In this section--
(1) The term ``covered candidate'' means a candidate of a
major party in a general election for the office of President
or Vice President.
(2) The term ``major party'' has the meaning given the term
in section 9002 of the Internal Revenue Code of 1986.
(3) The term ``income tax return'' means, with respect to
an individual, any return (as such term is defined in section
6103(b)(1) of the Internal Revenue Code of 1986, except that
such term shall not include declarations of estimated tax) of--
(A) such individual, other than information returns
issued to persons other than such individual; or
(B) of any corporation, partnership, or trust in
which such individual holds, directly or indirectly, a
significant interest as the sole or principal owner or
the sole or principal beneficial owner (as such terms
are defined in regulations prescribed by the Secretary
of the Treasury or his delegate).
(4) The term ``Secretary'' means the Secretary of the
Treasury or the delegate of the Secretary.
(b) Disclosure.--
(1) In general.--
(A) Candidates for president and vice president.--
Not later than the date that is 15 days after the date
on which an individual becomes a covered candidate, the
individual shall submit to the Federal Election
Commission a copy of the individual's income tax
returns for the 10 most recent taxable years for which
a return has been filed with the Internal Revenue
Service.
(B) President and vice president.--With respect to
an individual who is the President or Vice President,
not later than the due date for the return of tax for
each taxable year, such individual shall submit to the
Federal Election Commission a copy of the individual's
income tax returns for the taxable year and for the 9
preceding taxable years.
(C) Transition rule for sitting presidents and vice
presidents.--Not later than the date that is 30 days
after the date of enactment of this section, an
individual who is the President or Vice President on
such date of enactment shall submit to the Federal
Election Commission a copy of the income tax returns
for the 10 most recent taxable years for which a return
has been filed with the Internal Revenue Service.
(2) Failure to disclose.--If any requirement under
paragraph (1) to submit an income tax return is not met, the
chairman of the Federal Election Commission shall submit to the
Secretary a written request that the Secretary provide the
Federal Election Commission with the income tax return.
(3) Publicly available.--The chairman of the Federal
Election Commission shall make publicly available each income
tax return submitted under paragraph (1) in the same manner as
a return provided under section 6103(l)(23) of the Internal
Revenue Code of 1986 (as added by this section).
(4) Treatment as a report under the federal election
campaign act of 1971.--For purposes of the Federal Election
Campaign Act of 1971, any income tax return submitted under
paragraph (1) or provided under section 6103(l)(23) of the
Internal Revenue Code of 1986 (as added by this section) shall,
after redaction under paragraph (3) or subparagraph (B)(ii) of
such section, be treated as a report filed under the Federal
Election Campaign Act of 1971.
(c) Disclosure of Returns of Presidents and Vice Presidents and
Certain Candidates for President and Vice President.--
(1) In general.--Section 6103(l) of the Internal Revenue
Code of 1986 is amended by adding at the end the following new
paragraph:
``(23) Disclosure of return information of presidents and
vice presidents and certain candidates for president and vice
president.--
``(A) In general.--Upon written request by the
chairman of the Federal Election Commission under
section 10001(b)(2) of the For the People Act of 2021,
not later than the date that is 15 days after the date
of such request, the Secretary shall provide copies of
any return which is so requested to officers and
employees of the Federal Election Commission whose
official duties include disclosure or redaction of such
return under this paragraph.
``(B) Disclosure to the public.--
``(i) In general.--The chairman of the
Federal Election Commission shall make publicly
available any return which is provided under
subparagraph (A).
``(ii) Redaction of certain information.--
Before making publicly available under clause
(i) any return, the chairman of the Federal
Election Commission shall redact such
information as the Federal Election Commission
and the Secretary jointly determine is
necessary for protecting against identity
theft, such as social security numbers.''.
(2) Conforming amendments.--Section 6103(p)(4) of such Code
is amended--
(A) in the matter preceding subparagraph (A) by
striking ``or (22)'' and inserting ``(22), or (23)'';
and
(B) in subparagraph (F)(ii) by striking ``or (22)''
and inserting ``(22), or (23)''.
(3) Effective date.--The amendments made by this subsection
shall apply to disclosures made on or after the date of
enactment of this Act.
Passed the House of Representatives March 3, 2021.
Attest:
Clerk.
117th CONGRESS
1st Session
H. R. 1
_______________________________________________________________________
AN ACT
To expand Americans' access to the ballot box, reduce the influence of
big money in politics, strengthen ethics rules for public servants, and
implement other anti-corruption measures for the purpose of fortifying
our democracy, and for other purposes.