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[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 9222 Introduced in House (IH)]
<DOC>
119th CONGRESS
2d Session
H. R. 9222
To ban stock trading and prediction market participation for the
President, Vice President, and Members of Congress, suspend pay for
Members of Congress during shutdowns, establish term limits for
Congress, establish term limits and ethics rules for the Supreme Court,
reform the presidential pardon power, revoke the statute of limitations
for the President and Vice President, strengthen the foreign and
domestic emoluments clauses, overturn Citizens United, ban dark money,
corporate PACs, and partisan gerrymandering, end voter suppression, and
restrict government pensions for felony convictions and lawsuits by the
President, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
June 9, 2026
Mr. Landsman (for himself and Mr. Riley of New York) introduced the
following bill; which was referred to the Committee on the Judiciary,
and in addition to the Committees on Oversight and Government Reform,
House Administration, Ways and Means, and Rules, for a period to be
subsequently determined by the Speaker, in each case for consideration
of such provisions as fall within the jurisdiction of the committee
concerned
_______________________________________________________________________
A BILL
To ban stock trading and prediction market participation for the
President, Vice President, and Members of Congress, suspend pay for
Members of Congress during shutdowns, establish term limits for
Congress, establish term limits and ethics rules for the Supreme Court,
reform the presidential pardon power, revoke the statute of limitations
for the President and Vice President, strengthen the foreign and
domestic emoluments clauses, overturn Citizens United, ban dark money,
corporate PACs, and partisan gerrymandering, end voter suppression, and
restrict government pensions for felony convictions and lawsuits by the
President, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Drain the Swamp Act''.
SEC. 2. TABLE OF CONTENTS.
The table of contents for this Act is as follows:
Sec. 1. Short title.
Sec. 2. Table of contents.
TITLE I--RESTORE TRUST IN GOVERNMENT ACT
Sec. 101. Short title.
Sec. 102. Restrictions on trade and ownership of covered investments.
TITLE II--NO PAY FOR CONGRESS DURING DEFAULT OR GOVERNMENT SHUTDOWN
Sec. 201. Short title.
Sec. 202. Requiring reduction of pay of Members of Congress if public
debt limit is reached.
Sec. 203. Requiring reduction of pay of Members of Congress if
Government shutdown occurs.
Sec. 204. Role of Secretary of the Treasury.
Sec. 205. Definitions.
TITLE III--SUPREME COURT DURATION OF ACTIVE SERVICE
Sec. 301. Short title.
Sec. 302. Supreme Court terms of office.
Sec. 303. Senior justices.
TITLE IV--CONSTITUTIONAL AMENDMENT FOR CONGRESSIONAL TERM LIMITS
Sec. 401. Constitutional amendment for congressional term limits.
TITLE V--SUPREME COURT ETHICS REQUIREMENTS
Sec. 501. Short title.
Sec. 502. Establishment of the Office of Ethics Counsel within the
Supreme Court of the United States.
Sec. 503. Establishment of the Office of Investigative Counsel within
the Supreme Court of the United States.
Sec. 504. Severability.
TITLE VI--PREVENTING ABUSES OF PRESIDENTIAL POWER
Sec. 600. Short title.
Subtitle A--Abuse of the Pardon Power Prevention
Sec. 601. Short title.
Sec. 602. Congressional oversight relating to certain pardons.
Sec. 603. Bribery in connection with pardons and commutations.
Sec. 604. Prohibition on presidential self-pardon.
Subtitle B--Ensuring No President Is Above the Law
Sec. 611. Short title.
Sec. 612. Tolling of statute of limitations.
Sec. 613. Contracts by the President, the Vice President, or a cabinet
member.
Sec. 614. Forfeiture of benefits for former Presidents convicted of a
felony.
Subtitle C--Enforcement of the Emoluments Clauses of the Constitution
Sec. 621. Short title.
Sec. 622. Definitions.
Sec. 623. Prohibition on acceptance of foreign emoluments.
Sec. 624. Civil actions by Congress concerning foreign emoluments.
Sec. 625. Prohibiting senior Federal officials from accepting foreign
payments.
Sec. 626. Disclosures concerning foreign and domestic emoluments.
Sec. 627. Enforcement authority for Office of Government Ethics and
financial disclosures.
Sec. 628. Jurisdiction of the Office of Special Counsel.
Sec. 629. Rulemaking for ethics requirements for legal expense funds.
Sec. 630. Limitations and disclosure of certain donations to, and
disbursements by, inaugural committees.
Sec. 631. Prohibition on payments to the President of Federal or State
government funds.
Sec. 632. Prohibition on payments to the President from individuals
receiving government positions or grants of
clemency from the President.
Sec. 633. Penalties.
Sec. 634. Exceptions.
Sec. 635. Severability.
Subtitle D--Investigative Integrity Protection
Sec. 641. Short title.
Sec. 642. Presidential oversight of Attorney General.
TITLE VII--CONSTITUTIONAL AMENDMENT TO OVERTURN CITIZENS UNITED
Sec. 701. Constitutional amendment to overturn Citizens United.
TITLE VIII--REPORTING OF CAMPAIGN-RELATED DISBURSEMENTS
Sec. 801. Short title.
Sec. 802. Reporting of campaign-related disbursements.
Sec. 803. Reporting of Federal judicial nomination disbursements.
Sec. 804. Coordination with FinCEN.
Sec. 805. Application of foreign money ban to disbursements for
campaign-related disbursements consisting
of covered transfers.
Sec. 806. Sense of Congress regarding implementation.
Sec. 807. Effective date.
TITLE IX--BAN CORPORATE PACS ACT
Sec. 901. Short title.
Sec. 902. Limiting authority of corporations to establish or operate
separate segregated funds for political
purposes to nonprofit corporations.
Sec. 903. Effective date; transition for existing funds and committees.
TITLE X--NONPARTISAN REDISTRICTING REFORM
Sec. 1001. Short title.
Sec. 1002. Finding of constitutional authority.
Sec. 1003. Ban on mid-decade redistricting.
Sec. 1004. Criteria for redistricting.
Sec. 1005. Development of plan.
Sec. 1006. Failure by State to enact plan.
Sec. 1007. Civil enforcement.
Sec. 1008. No effect on elections for State and local office.
Sec. 1009. Effective date.
TITLE XI--JOHN R. LEWIS VOTING RIGHTS ADVANCEMENT ACT
Sec. 1101. Short title.
Sec. 1102. Vote dilution, denial, and abridgment claims.
Sec. 1103. Retrogression.
Sec. 1104. Violations triggering authority of court to retain
jurisdiction.
Sec. 1105. Criteria for coverage of States and political subdivisions.
Sec. 1106. Determination of States and Political Subdivisions Subject
to Preclearance for Covered Practices.
Sec. 1107. Promoting transparency to enforce the Voting Rights Act.
Sec. 1108. Authority to assign observers.
Sec. 1109. Clarification of authority to seek relief.
Sec. 1110. Preventive relief.
Sec. 1111. Relief for violations of voting rights laws.
Sec. 1112. Enforcement of Voting Rights by Attorney General.
Sec. 1113. Definitions.
Sec. 1114. Attorneys' fees.
Sec. 1115. Other technical and conforming amendments.
Sec. 1116. Severability.
Sec. 1117. Grants to assist with notice requirements under the Voting
Rights Act of 1965.
TITLE XII--RESTRICTIONS ON GOVERNMENT PENSIONS FOR FELONY CONVICTIONS
Sec. 1201. Federal retirement benefits forfeiture for Members of
Congress and cabinet members convicted of
certain crimes.
Sec. 1202. Forfeiture of benefits for former Presidents convicted of a
felony.
TITLE XIII--RESTRICTION ON LAWSUITS BY PRESIDENT
Sec. 1301. Exceptions to Federal Tort Claims Act.
TITLE XIV--PROHIBITION ON PREDICTION MARKET PARTICIPATION
Sec. 1401. Short title.
Sec. 1402. Restrictions on trading on prediction markets.
TITLE I--RESTORE TRUST IN GOVERNMENT ACT
SECTION 101. SHORT TITLE.
This title may be cited as the ``Restore Trust in Government Act''.
SEC. 102. RESTRICTIONS ON TRADE AND OWNERSHIP OF COVERED INVESTMENTS.
(a) Table of Contents.--The table of contents for chapter 131 of
title 5, United States Code, is amended by adding at the end the
following:
subchapter iv. restrictions on trade and ownership of covered
investments
13151. Definitions.
13152. Trade and ownership of covered investments.
13153. Penalties.
(b) Restrictions.--Chapter 131 of title 5, United States Code, is
amended by adding at the end a new subchapter:
``SUBCHAPTER IV--RESTRICTIONS ON TRADE AND OWNERSHIP OF COVERED
INVESTMENTS
``Sec. 13151. Definitions
``In this subchapter:
``(1) Commodity.--The term `commodity'--
``(A) has the meaning given the term in section 1a
of the Commodity Exchange Act (7 U.S.C. 1a); and
``(B) does not include a precious metal (as defined
in section 1027.100 of title 31, Code of Federal
Regulations).
``(2) Covered individual.--The term `covered individual'
means any of the following:
``(A) A Member of Congress, as defined in section
13101.
``(B) A dependent child (as defined in section
13101) or a spouse of a Member of Congress.
``(C) A trustee of a trust in which an individual
described in subparagraph (A) or (B) has a beneficial
interest in the principal or income of the trust as
described in section 1403(b)(5) of the Internal Revenue
Code of 1986.
``(D) The President, or the spouse or a dependent
child (as defined in section 13101) of the President.
``(E) The Vice President, or the spouse or a
dependent child (as defined in section 13101) of the
Vice President.
``(F) The Chief Justice of the United States, or
the spouse or a dependent child (as defined in section
13101) of the Chief Justice.
``(G) An Associate Justice of the Supreme Court, or
the spouse or a dependent child (as defined in section
13101) of an Associate Justice.
``(3) Covered investment.--The term `covered investment'--
``(A) means an investment in a security, a
commodity, a future, or any comparable economic
interest acquired through synthetic means, such as the
use of a derivative, including an option, warrant, or
other similar means; and
``(B) does not include--
``(i) a widely held investment fund
described in section 13104(f)(8) that is
diversified and publicly traded on a national
or regional stock exchange;
``(ii) a United States Treasury bill, note,
or bond;
``(iii) a State or municipal government
bill, note, or bond;
``(iv) any compensation received by a
spouse or a dependent child described in
paragraph (2) from an employer of the spouse or
dependent child;
``(v) an interest in a small business
concern and, in the case of an investment in a
family farm or ranch that qualifies as an
interest in a small business concern, a future
or commodity directly related to the farming
activities and products of the farm or ranch;
``(vi) an interest in a limited liability
company created for the sole purpose of
purchasing or holding real estate that serves
as the personal residences of the Member of
Congress;
``(vii) any share of Settlement Common
Stock issued under section 7(g)(1)(A) of the
Alaska Native Claims Settlement Act (43 U.S.C.
1606(g)(1)(A)); or
``(viii) any share of Settlement Common
Stock, as defined in section 3 of the Alaska
Native Claims Settlement Act (43 U.S.C. 1602).
``(4) Diversified.--The term `diversified', with respect to
an investment fund, means such fund does not have a stated
policy of concentrating its investments in any industry,
business, single country other than the United States, or bonds
of a single State within the United States except for the State
in which the Member of Congress resides.
``(5) Future.--The term `future' means a financial contract
obligating the buyer to purchase an asset or the seller to sell
an asset, such as a physical commodity or a financial
investment, at a predetermined future date and price.
``(6) Security.--The term `security' has the meaning given
the term in section 3(a) of the Securities Exchange Act of 1934
(15 U.S.C. 78c(a)).
``(7) Small business concern.--The term `small business
concern' has the meaning given that term under section 3 of the
Small Business Act (15 U.S.C. 632).
``(8) Supervising ethics office.--The term `supervising
ethics office' has the meaning given the term in section 13101.
``Sec. 13152. Trade and ownership of covered investments
``(a) Conduct During Federal Service.--Except as described in
subsection (b)(1)(B) and subsections (e) through (g), no covered
individual may, directly or indirectly, own or trade a covered
investment.
``(b) Compliance.--
``(1) Requirement.--To comply with subsection (a)--
``(A) a covered individual may not purchase a
covered investment; and
``(B) a covered individual shall divest of any
covered investment by the effective date established in
paragraph (2) at fair market value.
``(2) Effective date.--The effective date is established as
follows:
``(A) 180 days for an individual who is a covered
individual on the date of enactment of the Restore
Trust in Government Act.
``(B) 90 days within the date on which an
individual becomes a covered individual if such date
occurs after the date of enactment of the Restore Trust
in Government Act.
``(c) Certificates of Divestiture.--
``(1) Application of certificate of divestiture program.--
For purposes of section 1043 of the Internal Revenue Code of
1986--
``(A) this section shall be treated as a Federal
conflict of interest statute;
``(B) any covered individual described in section
13151(2)(A) shall be treated as an eligible person
described in section 1043(b)(1)(A) of such Code; and
``(C) any spouse or dependent child described in
section 13151(2)(B) shall be treated as an eligible
person described in section 1043(b)(1)(B) of such Code.
``(2) Issuance of certificate of divestiture.--
``(A) In general.--Each supervising ethics office
shall issue a certificate of divestiture to each
covered individual required to divest under this
subchapter upon submission of proof of compliance by
such individual with the requirements to divest or any
extensions granted by the supervising ethics office.
``(B) Eligibility.--Such certificate shall include
an identification of each specific property eligible
for the application of the certificate of divestiture
program as determined by the supervising ethics office.
``(d) Income Tax.--A loss from a transaction or holding involving a
covered financial instrument that is conducted in violation of this
section may not be deducted from the amount of income tax owed by the
covered individual.
``(e) Occupational Exception.--A spouse or dependent child of a
covered individual as described in section 13151(2)(B) may trade any
covered investment if such covered investment is not owned by a covered
individual and if such trade is performed as a function of the primary
occupation of the spouse or dependent child.
``(f) Trusts.--
``(1) Qualified blind trust.--Any covered investment held
in a qualified blind trust as defined in section 13104(f)(3)
shall be divested in accordance with subsection (b)(1)(B) by
the effective date established in subsection (b)(2).
``(2) Family trust.--A supervising ethics office may grant
an exemption for covered investments held in a family trust
only if--
``(A) no covered individual--
``(i) is a grantor of the family trust;
``(ii) contributed any covered investment
to the family trust; or
``(iii) has any authority over a trustee of
the family trust, including the authority to
appoint, replace, or direct the actions of such
a trustee; and
``(B) the grantor of the family trust is or was a
family member of the covered individual.
``(3) Requests.--A covered individual seeking an exemption
under paragraph (2) shall submit to the applicable supervising
ethics office a request for the exemption, in writing,
certifying that the conditions described in that paragraph are
met.
``(g) Assets Acquired in Special Circumstances.--In the event that
a covered individual acquires a covered investment after the date of
enactment of the Restore Trust in Government Act other than by purchase
(such as by marriage, inheritance, divorce settlement, or other
circumstance), the covered individual shall have 90 days from the date
on which such investment was acquired to divest such covered investment
at fair market value.
``(h) Extension.--A supervising ethics office may grant a covered
individual an extension of time to comply with a divestment deadline
under this subchapter if a covered investment cannot be divested by
such deadline due to low liquidity, vesting schedules, or contractual
restrictions.
``(i) Interpretative Guidance.--The supervising ethics office shall
issue interpretive guidance on any relevant term not defined in this
subchapter.
``Sec. 13153. Penalties
``(a) In General.--
``(1) Penalties.--Any covered individual who violates the
restrictions on trading or ownership of covered investments in
section 13152 shall, at the direction of the supervising ethics
office--
``(A) pay a fee equal to ten percent of the value
of the covered investment; and
``(B) disgorge the profits of any transaction that
violates the provisions of this subchapter.
``(2) Payment of penalty to treasury.--A penalty imposed
under paragraph (1)(B) shall be payable into the Treasury of
the United States.
``(b) Payment Restrictions.--A Member of Congress may not pay any
of the penalties under this section by using amounts from the following
sources:
``(1) The Members' Representational Allowance.
``(2) The Senators' Official Personnel and Office Expense
Account.
``(3) Any contribution (as defined in section 301(8) of the
Federal Election Campaign Act of 1971 (52 U.S.C. 30101(8)))
accepted as a candidate, and any other donation received as
support for activities of the individual as a holder of Federal
office.
``(c) Publication.--Each supervising ethics office shall publish on
a publicly available website a description of--
``(1) each fine assessed by the supervising ethics office
pursuant to this section;
``(2) the reason why each such fine was assessed; and
``(3) the result of each assessment.''.
TITLE II--NO PAY FOR CONGRESS DURING DEFAULT OR GOVERNMENT SHUTDOWN
SEC. 201. SHORT TITLE.
This title may be cited as the ``No Pay for Congress During Default
or Government Shutdown Act''.
SEC. 202. REQUIRING REDUCTION OF PAY OF MEMBERS OF CONGRESS IF PUBLIC
DEBT LIMIT IS REACHED.
(a) Reduction of Pay for Each Day of Government Shutdown.--
(1) In general.--If on any day during a year the public
debt limit is reached, the annual rate of pay applicable under
section 601(a) of the Legislative Reorganization Act of 1946 (2
U.S.C. 4501) with respect to each Member of Congress for the
year shall be reduced by an amount equal to the product of--
(A) an amount equal to one day's worth of pay under
such annual rate; and
(B) the number of 24-hour periods during which the
public debt limit is reached.
(2) Effective date.--This subsection shall apply with
respect to days occurring after the date of the regularly
scheduled general election for Federal office held in November
2026.
(b) Special Rule for One Hundred Nineteenth Congress.--
(1) Holding salaries in escrow.--If on any day during the
One Hundred Nineteenth Congress the public debt limit is
reached, the payroll administrator of that House of Congress
shall--
(A) withhold from the payments otherwise required
to be made with respect to a pay period for the
compensation of each Member of Congress who serves in
that House of Congress an amount equal to the product
of--
(i) an amount equal to one day's worth of
pay under the annual rate of pay applicable to
the Member under section 601(a) of the
Legislative Reorganization Act of 1946 (2
U.S.C. 4501); and
(ii) the number of 24-hour periods during
which the public debt limit is reached which
occur during the pay period; and
(B) deposit in an escrow account all amounts
withheld under subparagraph (A).
(2) Release of amounts at end of the congress.--In order to
ensure that this subsection is carried out in a manner that
shall not vary the compensation of Members of Congress in
violation of the twenty-seventh article of amendment to the
Constitution of the United States, the payroll administrator of
a House of Congress shall release for payments to Members of
that House of Congress any amounts remaining in any escrow
account under this subsection on the last day of the One
Hundred Nineteenth Congress.
(3) Exception for days occurring after general election.--
This subsection does not apply with respect to any day during
the One Hundred Nineteenth Congress which occurs after the date
of the regularly scheduled general election for Federal office
held in November 2026.
(c) Determination of Reaching of Public Debt Limit.--For purposes
of this section, the public debt limit shall be considered to be
reached if the Federal Government is unable to make payments or meet
obligations because the public debt limit under section 3101 of title
31, United States Code, has been reached.
SEC. 203. REQUIRING REDUCTION OF PAY OF MEMBERS OF CONGRESS IF
GOVERNMENT SHUTDOWN OCCURS.
(a) Reduction of Pay for Each Day of Government Shutdown.--
(1) In general.--If on any day during a year a Government
shutdown is in effect, the annual rate of pay applicable under
section 601(a) of the Legislative Reorganization Act of 1946 (2
U.S.C. 4501) with respect to each Member of Congress for the
year shall be reduced by an amount equal to the product of--
(A) an amount equal to one day's worth of pay under
such annual rate; and
(B) the number of 24-hour periods during which the
Government shutdown is in effect.
(2) Effective date.--This subsection shall apply with
respect to days occurring after the date of the regularly
scheduled general election for Federal office held in November
2026.
(b) Special Rule for One Hundred Nineteenth Congress.--
(1) Holding salaries in escrow.--If on any day during the
One Hundred Nineteenth Congress a Government shutdown is in
effect, the payroll administrator of that House of Congress
shall--
(A) withhold from the payments otherwise required
to be made with respect to a pay period for the
compensation of each Member of Congress who serves in
that House of Congress an amount equal to the product
of--
(i) an amount equal to one day's worth of
pay under the annual rate of pay applicable to
the Member under section 601(a) of the
Legislative Reorganization Act of 1946 (2
U.S.C. 4501); and
(ii) the number of 24-hour periods during
which the Government shutdown is in effect
which occur during the pay period; and
(B) deposit in an escrow account all amounts
withheld under subparagraph (A).
(2) Release of amounts at end of the congress.--In order to
ensure that this subsection is carried out in a manner that
shall not vary the compensation of Senators or Representatives
in violation of the twenty-seventh article of amendment to the
Constitution of the United States, the payroll administrator of
a House of Congress shall release for payments to Members of
that House of Congress any amounts remaining in any escrow
account under this subsection on the last day of the One
Hundred Nineteenth Congress.
(3) Exception for days occurring after general election.--
This subsection does not apply with respect to any day during
the One Hundred Nineteenth Congress which occurs after the date
of the regularly scheduled general election for Federal office
held in November 2026.
(c) Determination of Government Shutdown.--For purposes of this
section, a Government shutdown shall be considered to be in effect if
there is a lapse in appropriations for any Federal agency or department
as a result of a failure to enact a regular appropriations bill or
continuing resolution.
SEC. 204. ROLE OF SECRETARY OF THE TREASURY.
The Secretary of the Treasury shall provide the payroll
administrators of the Houses of Congress with such assistance as may be
necessary to enable the payroll administrators to carry out this title.
SEC. 205. DEFINITIONS.
(a) Member of Congress.--In this title, the term ``Member of
Congress'' means an individual serving in a position under subparagraph
(A), (B), or (C) of section 601(a) of the Legislative Reorganization
Act of 1946 (2 U.S.C. 4501).
(b) Payroll Administrator.--In this title, the ``payroll
administrator'' of a House of Congress means--
(1) in the case of the House of Representatives, the Chief
Administrative Officer of the House of Representatives, or an
employee of the Office of the Chief Administrative Officer who
is designated by the Chief Administrative Officer to carry out
this title; and
(2) in the case of the Senate, the Secretary of the Senate,
or an employee of the Office of the Secretary of the Senate who
is designated by the Secretary to carry out this title.
TITLE III--SUPREME COURT DURATION OF ACTIVE SERVICE
SECTION 301. SHORT TITLE.
This title may be cited as the ``Supreme Court Tenure Establishment
and Retirement Modernization Act''.
SEC. 302. SUPREME COURT TERMS OF OFFICE.
(a) In General.--Chapter 1 of title 28, United States Code, is
amended by adding at the end the following:
``Sec. 7. Appointment
``(a) Regular Appointment of Justices.--The President shall, during
the first and third years after a year in which there is a Presidential
election, nominate, and by and with the advice and consent of the
Senate, appoint one justice of the Supreme Court.
``(b) Exclusive Method of Appointment.--The President shall not
appoint any justice of the Supreme Court except as provided in this
section.
``(c) Limitation on Repeat Appointments.--An individual, once
confirmed by the Senate, may only serve one 18-year term as a Supreme
Court Justice.
``(d) Senate Confirmation.--
``(1) In general.--The Senate shall exercise its authority
to provide advice and consent on nominations made under
subsection (a) not later than 90 days after the date on which
the individual is nominated by the President.
``(2) Withdrawal or disapproval.--If the President
withdraws a nomination under subsection (a) or the Senate
disapproves such a nomination, the President shall make another
nomination under subsection (a). The Senate shall exercise its
authority to provide advice and consent on such a subsequent
nomination not later than 120 days after the date on which the
individual is nominated by the President.
``Sec. 8. Duration of active service
``(a) New Justices.--Each justice shall serve in regular active
service for 18 years beginning on the date on which the justice is
sworn in, after which the justice shall be deemed to have retired from
regular active service under section 371.
``(b) Current Justices.--Each justice who was appointed before the
date of enactment of this section and who is serving as a justice on
the date of enactment of this section shall, notwithstanding the period
of service of the justice, in order of duration of service beginning
with the justice who has served on the Supreme Court for the longest
period of time, be deemed to have retired from regular active service
under section 371(b) upon the date of commission of each new justice as
they are appointed under section 7.''.
(b) Clerical Amendment.--The table of sections for chapter 1 of
title 28, United States Code, is amended by adding at the end the
following:
``7. Appointment.
``8. Duration of active service.''.
SEC. 303. SENIOR JUSTICES.
Section 294 of title 28, United States Code, is amended--
(1) in subsection (d), by striking the period at the end
and inserting ``except as provided by subsection (e).'';
(2) by redesignating subsection (e) as subsection (f); and
(3) by inserting after subsection (d) the following:
``(e) In the event that the number of justices of the Supreme Court
falls below that provided in section 1 due to vacancy, disability, or
disqualification, a justice of the Supreme Court who has retired from
regular active service under section 371 but retained their office
shall be chosen by the Chief Justice through a publicly transparent and
randomized process to serve as an associate justice until the number of
justices who have not retired from regular active service equals that
provided in section 1.''.
TITLE IV--CONSTITUTIONAL AMENDMENT FOR CONGRESSIONAL TERM LIMITS
SEC. 401. CONSTITUTIONAL AMENDMENT FOR CONGRESSIONAL TERM LIMITS.
The following article is proposed as an amendment to the
Constitution of the United States, which shall be valid to all intents
and purposes as part of the Constitution when ratified by the
legislatures of three-fourths of the several States within seven years
after the date of its submission for ratification:
``Article--
``Section 1. No person who has served 9 terms as a Representative
shall be eligible for election to the House of Representatives. For
purposes of this section, the election of a person to fill a vacancy in
the House of Representatives shall be included as 1 term in determining
the number of terms that such person has served as a Representative if
the person fills the vacancy for more than 1 year.
``Section 2. No person who has served 3 terms as a Senator shall be
eligible for election or appointment to the Senate. For purposes of
this section, the election or appointment of a person to fill a vacancy
in the Senate shall be included as 1 term in determining the number of
terms that such person has served as a Senator if the person fills the
vacancy for more than 3 years.
``Section 3. No term beginning before the date of the ratification
of this article shall be taken into account in determining eligibility
for election or appointment under this article.''.
TITLE V--SUPREME COURT ETHICS REQUIREMENTS
SEC. 501. SHORT TITLE.
This title may be cited as the ``Supreme Court Ethics and
Investigations Act''.
SEC. 502. ESTABLISHMENT OF THE OFFICE OF ETHICS COUNSEL WITHIN THE
SUPREME COURT OF THE UNITED STATES.
(a) In General.--Chapter 45 of title 28, United States Code, is
amended by adding at the end the following:
``Sec. 678. Office of Ethics Counsel
``(a) The Office of Ethics Counsel.--The Chief Justice is
authorized to establish an Office of Ethics Counsel within the Supreme
Court of the United States--
``(1) constituted by one chief ethics counsel who may
employ such officers and employees, subject to the provisions
of title 5, governing appointments in the competitive service,
and the provisions of chapter 51 and subchapter III of chapter
53 of such title relating to classification and General
Schedule pay rates; and
``(2) to advise and provide guidance to justices of the
Supreme Court, and their spouses, on matters of judicial
ethics, including--
``(A) financial disclosure requirements;
``(B) the acceptance of gifts;
``(C) political activity;
``(D) conflicts of interest and recusal; and
``(E) the unauthorized disclosure of official Court
documents.
``(b) Ethics Counsels.--
``(1) Staffing and compensation of counsels.--
``(A) Chief ethics counsel.--The chief ethics
counsel within the Office of Ethics Counsel--
``(i) may not be employed by the Court on
the date of enactment of this section;
``(ii) shall be appointed by the Chief
Justice;
``(iii) shall serve not more than two 6-
year terms; and
``(iv) shall receive an annual rate of pay
of at least $225,000.
``(B) Other counsels.--Any counsel other than the
chief ethics counsel within the Office of Ethics
Counsel--
``(i) may not be employed by the Court on
the date of enactment of this section;
``(ii) shall be appointed by the chief
ethics counsel;
``(iii) shall serve not more than two 6-
year terms; and
``(iv) shall receive an annual rate of pay
of at least $180,000.
``(2) Qualifications.--Each counsel of the Office of Ethics
Counsel shall--
``(A) be licensed to practice law in a State or
territory of the United States and a member of the bar
in good standing; and
``(B) possess at least 5 years of experience as a
practicing attorney.
``(3) Expertise.--Each counsel shall be an individual of
exceptional public standing who is specifically qualified to
serve within the Office of Ethics Counsel by virtue of the
individual's education, training, and experience, as determined
by the Chief Justice.
``(4) Termination of counsels.--The employment of a counsel
may only be terminated by the Chief Justice for cause.
``(c) Training.--On a biannual basis, the Office of Ethics Counsel
shall provide, and each justice shall take, a training course on the
judicial ethics matters described in subsection (a)(2).
``(d) Report.--On an annual basis, the chief ethics counsel shall
submit to the Committees on the Judiciary of the House of
Representatives and of the Senate a report on the ethics advice given
by the Office of Ethics Counsel during the previous year, including--
``(1) the number of times advice was sought and given;
``(2) whether the advice was sought by judicial officers or
by judicial employees;
``(3) information about the topics covered by the advice
given, including the number of questions related to gifts,
financial disclosures, nonpublic information, and political
activity;
``(4) the number and types of mitigation measures that were
recommended, including recusal, divestiture, and resignation;
and
``(5) the number of times advice described in this
subsection was not followed by the individual to whom it was
given, if known by the Office.
``(e) Definitions.--In this section:
``(1) The term `gift' means any gratuity, favor, discount,
entertainment, hospitality, loan, forbearance, or other item
having monetary value. The term includes services as well as
gifts of training, transportation, local travel, lodgings and
meals, whether provided in-kind, by purchase of a ticket,
payment in advance, or reimbursement after the expense has been
incurred.
``(2) The term `political activity' means political
engagements, such as paid speaking events, fundraisers, or
donations to political parties, politicians, political action
groups, or endorsements of political candidates.''.
(b) Clerical Amendment.--The table of contents of chapter 45 of
title 28, United States Code, is amended by inserting after the item
relating to section 678 the following:
``678. Office of Ethics Counsel.''.
SEC. 503. ESTABLISHMENT OF THE OFFICE OF INVESTIGATIVE COUNSEL WITHIN
THE SUPREME COURT OF THE UNITED STATES.
(a) In General.--Chapter 45 of title 28, United States Code, as
amended by section 502, is further amended by adding at the end the
following:
``Sec. 679. Office of Investigative Counsel
``(a) Office of Investigative Counsel.--The Chief Justice is
authorized to establish an Office of Investigative Counsel within the
Supreme Court of the United States--
``(1) constituted by one Chief Investigative Counsel and at
least two additional investigative counsels; and
``(2) to review and investigate ethics complaints against
justices arising from their actions or the actions of their
spouses and dependents.
``(b) Investigative Counsels.--
``(1) Staffing and compensation of counsels.--
``(A) Chief investigative counsel.--The Chief
Investigative Counsel--
``(i) may not be employed by the court on
the date of enactment of this section;
``(ii) shall be appointed by the Chief
Justice;
``(iii) shall serve not more than one 6-
year term; and
``(iv) shall receive an annual rate of pay
of at least $225,000.
``(B) Additional investigative counsels.--The
investigative counsels--
``(i) may not be employed by the court on
the date of enactment of this section;
``(ii) shall be appointed by the Chief
Investigative Counsel;
``(iii) shall serve at the pleasure of the
Chief Investigative Counsel; and
``(iv) shall receive an annual rate of pay
of at least $180,000.
``(C) Qualifications.--Each investigative counsel
of the Office of Investigative Counsel shall--
``(i) be licensed to practice law in a
State or territory of the United States and a
member of the bar in good standing; and
``(ii) possess at least 7 years of
experience as a practicing attorney.
``(D) Expertise.--Each investigative counsel and
the Chief Investigative Counsel shall be an individual
of exceptional public standing who is specifically
qualified to serve within the Office of Investigative
Counsel by virtue of the individual's education,
training, and experience.
``(E) Termination of counsels.--The employment of
the Chief Investigative Counsel may only be terminated
by the Chief Justice for cause.
``(2) Subpoena power.--
``(A) In general.--For the discharge of their
duties, the Chief Investigative Counsel shall have the
authority to issue subpoenas to compel witnesses to
appear and testify and to produce books, papers,
correspondence, memoranda, documents, or other relevant
records. The Chief Investigative Counsel may issue
subpoenas requiring the attendance and testimony of
witnesses and the production of any evidence relating
to any matter under investigation by the Office of
Investigative Counsel, which the Office is empowered to
investigate by this section. The attendance of
witnesses and the production of evidence may be
required from any place within the United States at any
designated place of hearing within the United States.
``(B) Failure to obey a subpoena.--If a person
refuses to obey a subpoena issued under subparagraph
(A), the Chief Investigative Counsel may apply to a
United States district court for an order requiring
that person to appear before the Office of
Investigative Counsel to give testimony, produce
evidence, or both, relating to the matter under
investigation. The application may be made within the
judicial district where the hearing is conducted or
where that person is found, resides, or transacts
business. Any failure to obey the order of the court
shall be punishable by contempt of court.
``(C) Service of subpoenas.--The subpoenas of the
Office of Investigative Counsel shall be served in the
manner provided for subpoenas issued by a United States
district court under the Federal Rules of Civil
Procedure for the United States district courts.
``(D) Service of process.--All process of any court
to which application is made under subparagraph (B) may
be served in the judicial district in which the person
required to be served resides or may be found.
``(c) Ethics Complaints.--
``(1) Filing.--An ethics complaint against a justice may be
filed with the Office of Investigative Counsel by--
``(A) the chair or ranking minority member of the
Committee on the Judiciary of the House of
Representatives or of the Senate;
``(B) the Majority Leader or Minority Leader of the
Senate; or
``(C) the Speaker or the Minority Leader of the
House of Representatives.
``(2) Review.--Not later than 60 days after an ethics
complaint is filed under paragraph (1), the Office of
Investigative Counsel shall review the complaint and determine
whether a full investigation is appropriate. In making a
determination under this paragraph, the Office shall consider
whether the alleged behavior of a justice violates the Code of
Conduct of the Supreme Court, the Judicial Code of Conduct, or
any applicable law or regulation. Upon making a determination
under this paragraph, the chief counsel shall respond to each
ethics complaint filed under paragraph (1), regardless of
whether the Office of Investigative Counsel determines that an
investigation is appropriate.
``(3) Investigation.--If the Office determines that a full
investigation is appropriate, it shall open the investigation
not later than 15 days after making such determination.
``(4) Reporting.--
``(A) In general.--The Office of Investigative
Counsel shall submit to the Chief Justice a report
containing its findings and recommendations about an
ethics complaint filed under paragraph (2) (including
in the case of a complaint with respect to which the
Office determines that no violation has occurred),
except that in the case of an ethics complaint with
respect to which the Chief Justice is the subject, the
Office shall deliver such report to the most senior
associate justice.
``(B) Contents.--A report under subparagraph (A)
shall include--
``(i) each violation of the Code of Conduct
for the Supreme Court committed by the justice
who was the subject of the investigation under
paragraph (3), including any such violation
that arose as a result of the actions of a
spouse or dependent of the justice; and
``(ii) substantive and actionable
recommendations from the Office of
Investigative Counsel including recusal,
divestment and neutralization conflicts of
interest, and other remedies.
``(C) Publication.--
``(i) Chief justice.--The Chief Justice
may, in his sole discretion, release to the
public a report received under subparagraph
(A), but may not alter such a report in any
way, except to redact any classified or
personally identifiable information. In the
case of an ethics complaint with respect to
which the Chief Justice is the subject, the
most senior associate justice is authorized to
carry out this clause.
``(ii) Availability to congress.--Not later
than 10 days after completing a report under
subparagraph (A), the Office of Investigative
Counsel shall make the report available to--
``(I) the Committees on the
Judiciary of the House of
Representatives and of the Senate;
``(II) the Committee on Oversight
and Government Reform of the House of
Representatives; and
``(III) the Committee on Homeland
Security and Governmental Affairs of
the Senate.
``(iii) Duty to inform the attorney
general.--In carrying out the duties of the
Office, the Investigative Counsel shall report
expeditiously to the Attorney General whenever
the Investigative Counsel has reasonable
grounds to believe there has been a violation
of Federal criminal law.''.
(b) Clerical Amendment.--The table of contents of chapter 45 of
title 28, United States Code, is amended by inserting after the item
relating to section 678, as added by section 2, the following:
``679. Office of Investigative Counsel.''.
SEC. 504. SEVERABILITY.
If any provision of this title, or any application of such
provision to any person or circumstance, is held to be
unconstitutional, the remainder of this title and the application of
this title to any other person or circumstance shall not be affected.
TITLE VI--PREVENTING ABUSES OF PRESIDENTIAL POWER
SEC. 600. SHORT TITLE.
This title may be cited as the ``Division A of the Protecting Our
Democracy Act''.
Subtitle A--Abuse of the Pardon Power Prevention
SEC. 601. SHORT TITLE.
This subtitle may be cited as the ``Abuse of the Pardon Power
Prevention Act''.
SEC. 602. CONGRESSIONAL OVERSIGHT RELATING TO CERTAIN PARDONS.
(a) Submission of Information.--Not later than 30 days after the
date on which the President grants an individual a pardon for a covered
offense, the Attorney General shall submit to the chair and ranking
member of each appropriate congressional committee--
(1) all materials obtained or produced by the prosecution
team, including the Attorney General and any United States
Attorney, and all materials obtained or prepared by any
investigative agency of the Federal Government, relating to the
offense for which the individual was pardoned; and
(2) all materials obtained or produced by the Department of
Justice in relation to the pardon.
(b) Treatment of Information.--Rule 6(e) of the Federal Rules of
Criminal Procedure may not be construed to prohibit the disclosure of
information required by subsection (a) of this section.
(c) Definitions.--In this section:
(1) Appropriate congressional committee.--The term
``appropriate congressional committee'' means--
(A) the Committee on the Judiciary of the Senate
and the Committee on the Judiciary of the House of
Representatives; and
(B) if an investigation relates to intelligence or
counterintelligence matters, the Select Committee on
Intelligence of the Senate and the Permanent Select
Committee on Intelligence of the House of
Representatives.
(2) Covered offense.--The term ``covered offense'' means--
(A) an offense against the United States that
arises from an investigation in which a target or
subject is--
(i) the President;
(ii) a relative of the President;
(iii) a former President;
(iv) any individual who is serving or
previously served as a political appointee (as
defined in section 1216(f)(6) of title 5,
United States Code, as added by title XXVI of
this Act) under the President;
(v) any individual who was an employee of
an authorized committee (as defined in section
301(6) of the Federal Election Campaign Act of
1971 (52 U.S.C. 30101(6))) of the President for
any election to the office of President; or
(vi) in the case of an offense motivated by
a direct and significant personal or pecuniary
interest of any individual described in clause
(i), (ii), (iii), (iv), or (v), any person or
entity;
(B) an offense under section 102 of the Revised
Statutes of the United States (2 U.S.C. 192); or
(C) an offense under section 1001, 1505, 1512, or
1621 of title 18, United States Code, if the offense
occurred in relation to a congressional proceeding or
investigation.
(3) Pardon.--The term ``pardon'' includes a commutation of
a sentence.
(4) Relative.--The term ``relative'', with respect to the
President, means--
(A) a family member (as defined in section
1635.3(a) of title 29, Code of Federal Regulations, or
any successor regulation) of the President who is a
first-degree relative, second-degree relative, or
third-degree relative (as those terms are defined in
such section 1635.3(a) or any successor regulation) of
the President; or
(B) a spouse of a family member described in
subparagraph (A).
SEC. 603. BRIBERY IN CONNECTION WITH PARDONS AND COMMUTATIONS.
Section 201 of title 18, United States Code, is amended--
(1) in subsection (a)--
(A) in paragraph (1), by inserting ``, including
the President and the Vice President of the United
States,'' after ``or an officer or employee or
person''; and
(B) in paragraph (2)--
(i) by striking ``means any person'' and
inserting the following: ``means--
``(A) any person'';
(ii) by striking ``and'' at the end; and
(iii) by adding at the end the following:
``(B) any person who is an apparent successful
candidate for the office of President, as determined
under section 3(c) of the Presidential Transition Act
of 1963 (3 U.S.C. 102 note; Public Law 88-277) and has
not yet assumed the office of President; and
``(C) any person who is an apparent successful
candidate for the office of Vice President, as
determined under section 3(c) of the Presidential
Transition Act of 1963 (3 U.S.C. 102 note; Public Law
88-277) and has not yet assumed the office of Vice
President; and''; and
(2) in subsection (b)(3), by inserting ``(including, for
purposes of this paragraph, any pardon, commutation, or
reprieve, or an offer of any such pardon, commutation, or
reprieve)'' after ``corruptly gives, offers, or promises
anything of value''.
SEC. 604. PROHIBITION ON PRESIDENTIAL SELF-PARDON.
The President's grant of a pardon to himself or herself is void and
of no effect, and shall not deprive the courts of jurisdiction, or
operate to confer on the President any legal immunity from
investigation or prosecution.
Subtitle B--Ensuring No President Is Above the Law
SEC. 611. SHORT TITLE.
This subtitle may be cited as the ``No President is Above the Law
Act''.
SEC. 612. TOLLING OF STATUTE OF LIMITATIONS.
(a) Offenses Committed by the President or Vice President During or
Prior to Tenure in Office.--Section 3282 of title 18, United States
Code, is amended by adding at the end the following:
``(c) Offenses Committed by the President or Vice President During
or Prior to Tenure in Office.--In the case of any person serving in the
office of President or Vice President, the duration of that person's
tenure in such office shall not be considered for purposes of any
period of limitations applicable to any Federal criminal offense
committed by that person (including any offense committed during any
period of time preceding such tenure in office).''.
(b) Applicability.--The amendment made by subsection (a) shall
apply to any offense committed before the date of enactment of this
section, if the period of limitations applicable to that offense had
not run as of such date.
(c) Rule of Construction.--Nothing in this section shall be
construed to preclude the indictment or prosecution of a person serving
in the office of President or Vice President, during that person's
tenure in such office, for a violation of the criminal laws of the
United States.
SEC. 613. CONTRACTS BY THE PRESIDENT, THE VICE PRESIDENT, OR A CABINET
MEMBER.
(a) Amendment.--Section 431 of title 18, United States Code, is
amended--
(1) in the section heading, by inserting ``the President,
the Vice President, a Cabinet Member, or a'' after ``Contracts
by''; and
(2) in the first undesignated paragraph, by inserting ``the
President, the Vice President, in a position at level I of the
Executive Schedule under section 5312 of title 5,'' after
``Whoever, being''.
(b) Table of Sections Amendment.--The table of sections for chapter
23 of title 18, United States Code, is amended by striking the item
relating to section 431 and inserting the following:
``431. Contracts by the President, the Vice President, a Cabinet
Member, or a Member of Congress.''.
SEC. 614. FORFEITURE OF BENEFITS FOR FORMER PRESIDENTS CONVICTED OF A
FELONY.
The first section of the Act entitled ``An Act to provide
retirement, clerical assistants, and free mailing privileges to former
Presidents of the United States, and for other purposes'', approved
August 25, 1958 (commonly known as the ``Former Presidents Act of
1958''; 3 U.S.C. 102 note), is amended--
(1) in subsection (a), by striking ``Each former
President'' and inserting ``Subject to subsection (h), each
former President'';
(2) in subsection (f), by striking paragraph (2) and
inserting:
``(2) who has not been impeached by the House of
Representatives and convicted by the Senate pursuant to the
impeachment; and''; and
(3) by adding at the end the following new subsection:
``(h)(1) If a former President is finally convicted of a felony for
which every act or omission that is needed to satisfy the elements of
the felony is committed during or after the period such former
President holds the office of President, or was finally convicted of
such a felony while holding such office--
``(A) no monetary allowance under subsection (a) may be
provided to such former President;
``(B) no funds may be obligated or expended under
subsection (g) with respect to such former President except to
the extent necessary to maintain the security of such former
President, as determined by the Director of the Secret Service;
and
``(C) such former President shall repay any amounts
received under subsection (a) during the period beginning on
the date on which such former President is initially convicted
of the felony and ending on the date such former President is
finally convicted of the felony.
``(2) The term `finally convicted' means a conviction--
``(A) which has not been appealed and is no longer
appealable because the time for taking an appeal has expired;
or
``(B) which has been appealed and the appeals process for
which is completed.''.
Subtitle C--Enforcement of the Emoluments Clauses of the Constitution
SEC. 621. SHORT TITLE.
This subtitle may be cited as the ``Foreign and Domestic Emoluments
Enforcement Act''.
SEC. 622. DEFINITIONS.
In this subtitle:
(1) Emolument.--The term ``emolument'' means any profit,
gain, or advantage, including any payment that is received
directly or indirectly from any government of a foreign
country, the Federal Government, or any State or local
government, or from any instrumentality thereof.
(2) Government of a foreign country.--The term ``government
of a foreign country'' has the meaning given the term in
section 1(e) of the Foreign Agents Registration Act of 1938, as
amended (22 U.S.C. 611(e)).
(3) Payment.--The term ``payment''--
(A) means the direct or indirect provision of
anything of value, including any tangible item; and
(B) includes any direct or indirect payment in any
form arising from a commercial transaction of any kind,
including any payment involving a Presidentially-owned
entity, whether or not at fair market value.
(4) Person holding any office of profit or trust under the
united states.--The term ``person holding any office of profit
or trust under the United States'' includes--
(A) the President; and
(B) the Vice President.
(5) Presidentially-owned entity.--The term
``Presidentially-owned entity'' means a corporation,
association, partnership, limited liability company, limited
liability partnership, other legal entity, or sole
proprietorship in which the President has an ownership stake,
except that such term does not include an entity in which more
than 100 people have an ownership stake and the President holds
no more than five percent in a beneficial ownership stake and
that--
(A) issues securities registered with the
Securities and Exchange Commission pursuant to section
12 of the Securities Exchange Act of 1934 (15 U.S.C.
78l);
(B) is an investment company registered pursuant to
section 8 of the Investment Company Act of 1940 (15
U.S.C. 80a-8) that does not have a stated policy of
concentrating the investments of the investment company
in any industry, business, single country other than
the United States, or bonds of a single State within
the United States; or
(C) is a unit investment trust, as defined in
section 4 of the Investment Company Act of 1940 (15
U.S.C. 80a-4) that--
(i) is a regulated investment company, as
defined in section 851 of the Internal Revenue
Code of 1986; and
(ii) does not have a stated policy of
concentrating the investments of the investment
company in any industry, business, single
country other than the United States, or bonds
of a single State within the United States.
(6) State.--The term ``State'' means each of the several
States of the United States, the District of Columbia, or any
territory or possession of the United States.
(7) Covered official.--The term ``covered official''
means--
(A) any individual (other than an individual
nominated for appointment to a position as a Foreign
Service Officer or a grade or rank in the uniformed
services for which the pay grade prescribed by section
201 of title 37 is O-6 or below)--
(i) nominated by the President for a
position the appointment to which requires the
advice and consent of the Senate; or
(ii) whom the President-elect has publicly
announced an intent to nominate to such a
position; and
(B) any individual occupying--
(i) a position described under sections
5312 through 5316 of title 5, United States
Code (relating to the Executive Schedule);
(ii) a noncareer appointment in the Senior
Executive Service, as defined under section
3132(a) of such title 5;
(iii) a position in the executive branch of
the Government of a confidential or policy-
determining character under schedule C of
subpart C of part 213 of title 5, Code of
Federal Regulations; or
(iv) a position in the Executive Office of
the President pursuant to an appointment other
than a career or career-conditional
appointment.
SEC. 623. PROHIBITION ON ACCEPTANCE OF FOREIGN EMOLUMENTS.
(a) In General.--Except as otherwise provided in section 7342 of
title 5, United States Code, it shall be unlawful for any person
holding any office of profit or trust under the United States to accept
from a government of a foreign country, without first obtaining the
consent of Congress, any present, emolument, payment, office, or title.
(b) Application.--The prohibition under paragraph (1) shall apply
without regard to whether the present, emolument, payment, office, or
title is--
(1) provided directly or indirectly by the government of a
foreign country or an instrumentality thereof; or
(2) provided to the person holding any office of profit or
trust under the United States or to any private business
interest of that person.
SEC. 624. CIVIL ACTIONS BY CONGRESS CONCERNING FOREIGN EMOLUMENTS.
(a) Cause of Action.--The Senate or the House of Representatives
may bring a civil action against any person for a violation of section
1303(a).
(b) Special Rules.--In any civil action described in subsection
(a), the following rules shall apply:
(1) The action shall be filed before the United States
District Court for the District of Columbia.
(2) The action shall be heard by a three-judge court
convened pursuant to section 2284 of title 28, United States
Code. It shall be the duty of such court to advance on the
docket and to expedite to the greatest possible extent the
disposition of any such action. Such action shall be reviewable
only by appeal directly to the Supreme Court of the United
States. Such appeal shall be taken by the filing of a notice of
appeal within 10 days, and the filing of a jurisdictional
statement within 30 days, of the entry of the final decision.
(3) It shall be the duty of the Supreme Court of the United
States to advance on the docket and to expedite to the greatest
possible extent the disposition of any such action and appeal.
(c) Remedy.--If the court determines that a violation of section
1303(a) has occurred, the court shall issue an order enjoining the
course of conduct found to constitute the violation, and such of the
following as are appropriate:
(1) The disgorgement of the value of any present or
emolument from the government of a foreign country.
(2) The surrender of the physical present or emolument to
the Department of State, which shall, if practicable, dispose
of the present or emolument and deposit the proceeds into the
United States Treasury.
(3) The renunciation of any office or title accepted in
violation of such subsection.
(4) A prohibition on the use or holding of such an office
or title.
(5) Such other relief as the court determines appropriate.
(d) Use of Government Funds Prohibited.--No appropriated funds,
funds provided from any accounts in the United States Treasury, funds
derived from the collection of fees, or any other Government funds
shall be used to pay any disgorgement imposed by the court pursuant to
this section.
SEC. 625. PROHIBITING SENIOR FEDERAL OFFICIALS FROM ACCEPTING FOREIGN
PAYMENTS.
(a) In General.--Subchapter IV of chapter 73 of title 5, United
States Code, is amended by adding after section 7342 the following:
``Sec. 7343. Prohibiting senior Federal officials from accepting
foreign payments
``(a) Prohibition.--
``(1) In general.--It shall be unlawful for any senior
Federal official to receive, accept, or retain a foreign
payment, including through a business entity controlled by a
senior Federal official, without first obtaining the consent of
Congress pursuant to this section and section 7344.
``(2) Two-year post employment.--During the 2-year period
beginning on the date that an individual leaves the position of
a senior Federal official, it shall be unlawful for such
individual to receive, accept, or retain a foreign payment,
including through a business entity controlled by a senior
Federal official, without first obtaining the consent of
Congress pursuant to this section and section 7344. Such
individual shall make the requisite disclosures required under
subsection (b) of this section.
``(3) Candidate reports.--An individual other than an
incumbent President or Vice President who becomes a candidate
(as defined in section 301 of the Federal Election Campaign Act
of 1971 (52 U.S.C. 30101)) for the office of President or Vice
President shall submit a report to Congress at the end of each
30-day period such individual is such a candidate listing any
foreign payments such individual received during such period.
``(b) Disclosure.--
``(1) Notice.--Any senior Federal official that wishes to
receive, accept, or retain a foreign payment shall submit (in
writing) notice to the Director prior to receiving, accepting,
or retaining any foreign payment. Such request shall include,
at a minimum--
``(A) the name of, and position occupied by, the
senior Federal official;
``(B) details regarding the foreign payment the
senior Federal official wishes to receive, accept, and
retain, including the foreign government that would
provide the foreign payment, the type of payment and
the financial instrument to be used to provide the
payment, the value of the foreign payment, and whether
the foreign payment would be provided through a
business entity, and, if so, the business entity and
the specific transaction through which it would be
provided; and
``(C) a statement confirming that the senior
Federal official has not requested or otherwise
encouraged the tender of the foreign payment.
``(2) Notification to congress.--Not later than 10 days
after receiving notice under paragraph (1), the Director shall
submit such notice to Congress.
``(3) Members of congress.--For purposes of carrying out
this subsection with respect to Members of Congress--
``(A) with respect to any such Member who is a
Senator, the term `the Select Committee on Ethics of
the Senate' shall be substituted for `Director'; and
``(B) with respect to any such Member who is a
Member of the House of Representatives, the term
`Committee on Ethics of the House of Representatives'
shall be substituted for `Director'.
``(c) Definitions.--For purposes of this section and sections 7344
and 7345--
``(1) the term `business entity'--
``(A) means a for-profit corporation, association,
partnership, limited liability company, limited
liability partnership, other legal entity, or sole
proprietorship in which a senior Federal official has
an ownership stake; and
``(B) does not include an entity in which more than
100 people have an ownership stake and the senior
Federal official holds no more than 5 percent in a
beneficial ownership stake and that--
``(i) issues securities registered with the
Securities and Exchange Commission pursuant to
section 12 of the Securities Exchange Act of
1934 (15 U.S.C. 78l);
``(ii) is an investment company registered
pursuant to section 8 of the Investment Company
Act of 1940 (15 U.S.C. 80a-8) that does not
have a stated policy of concentrating the
investments of the investment company in any
industry, business, single country other than
the United States, or bonds of a single State
within the United States; or
``(iii) is a unit investment trust, as
defined in section 4 of the Investment Company
Act of 1940 (15 U.S.C. 80a-4) that--
``(I) is a regulated investment
company, as defined in section 851 of
the Internal Revenue Code of 1986; and
``(II) does not have a stated
policy of concentrating the investments
of the investment company in any
industry, business, single country
other than the United States, or bonds
of a single State within the United
States;
``(2) the term `Director' means the Director of the Office
of Government Ethics;
``(3) the term `foreign payment'--
``(A) means any direct or indirect payment in any
form, including any tangible item, arising from
commercial transactions of any kind, including any
payment involving a business entity, whether or not at
fair market value from--
``(i) any foreign government (as that term
is defined in section 7342(a));
``(ii) any corporate enterprise engaged in
commercial endeavors owned 50 percent or more
or controlled by a foreign government; or
``(iii) any member of the family of a
sovereign in a monarchical government; and
``(B) does not include any gift or decoration
covered under section 7342; and
``(4) the term `senior Federal official' means--
``(A) the President and the Vice President;
``(B) a Member of Congress (as that term is defined
in section 2106);
``(C) the head of any Executive department;
``(D) any individual employed on the staff of the
President in a position with the title of Assistant to
the President, Deputy Assistant to the President,
Special Assistant to the President, Advisor to the
President, or Counselor to the President; and
``(E) any other senior United States Government
employee designated by the Director.
``Sec. 7344. Congressional review of request to receive, accept, and
retain foreign payment
``(a) In General.--A senior Federal official may not receive,
accept, or retain a foreign payment unless Congress has, prior to such
receipt, acceptance, or retention, consented through enactment of a
concurrent resolution of approval as provided under this section.
``(b) Review.--
``(1) In general.--In this section, the term `concurrent
resolution' means only a concurrent resolution--
``(A) introduced during the period beginning on the
date Congress receives notice from the Director under
section 7343(b)(2) and ending on the date that is 90
days thereafter; and
``(B) consisting only of the following text in the
matter following the resolving clause: `That Congress
hereby consents to the acceptance by ______ of the
foreign payment described as follows: _____.', with the
first blank space filled in with the name of the senior
Federal official and the second blank space filled in
with a detailed description of the foreign payment.
``(2) Committee consideration.--A concurrent resolution
under this section shall be referred to the appropriate
committee of the House of Representatives and the Senate. One
such concurrent resolution shall be reported out by such
committee together with its recommendations within fifteen
legislative days after the day on which such resolution is
referred to such committee, unless such House shall otherwise
determine by the yeas and nays.
``(3) Consideration.--Any concurrent resolution so reported
shall become the pending business of the House in question (in
the case of the Senate the time for debate shall be equally
divided between the proponents and the opponents) and shall be
voted on within three legislative days after the day on which
such resolution is reported, unless such House shall otherwise
determine by yeas and nays.
``(4) Coordination.--Such a concurrent resolution passed by
one House shall be referred to the appropriate committee of the
other House and shall be reported out by such committee
together with its recommendations within fifteen legislative
days after the day on which such resolution is referred to such
committee and shall thereupon become the pending business of
such House and shall be voted upon within three legislative
days after the day on which such resolution is reported, unless
such House shall otherwise determine by yeas and nays.
``(5) Conference.--In the case of any disagreement between
the two Houses of Congress with respect to a joint resolution
passed by both Houses, conferees shall be promptly appointed
and the committee of conference shall make and file a report
with respect to such joint resolution within six legislative
days after the day on which managers on the part of the Senate
and the House have been appointed. Notwithstanding any rule in
either House concerning the printing of conference reports or
concerning any delay in the consideration of such reports, such
report shall be acted on by both Houses not later than six
legislative days after the conference report is filed in the
House in which such report is filed first. In the event the
conferees are unable to agree within forty-eight hours, they
shall report back to their respective Houses in disagreement.
``(c) Exercise of Rulemaking Powers.--This section is enacted by
the Congress--
``(1) as an exercise of the rulemaking power of the House
of Representatives and the Senate, respectively, and as such
they shall be considered as part of the rules of each House,
respectively, or of that House to which they specifically
apply, and such rules shall supersede other rules only to the
extent that they are inconsistent therewith; and
``(2) with full recognition of the constitutional right of
either House to change such rules (so far as relating to such
House) at any time, in the same manner, and to the same extent
as in the case of any other rule of such House.
``Sec. 7345. Penalties
``(a) Civil Action by the Attorney General.--The Attorney General
may bring a civil action against a senior Federal official in an
appropriate United States district court for a violation of section
7343 or 7344 for--
``(1) a civil monetary penalty in an amount not to exceed
$5,000 more than the retail value of the foreign payment; and
``(2) such injunctive relief as may be appropriate.
``(b) Criminal Penalty.--Whoever, being a senior Federal official,
knowingly violates section 7343 or 7344 shall be imprisoned for not
more than one year, fined in the amount of $50,000 or the total value
of the foreign payments accepted, whichever is greater, or both.
``(c) Forfeiture.--Any payment received, accepted, or retained in
violation of section 7343 or 7344 shall be seized and forfeited to the
United States in accordance with chapter 46 of title 18.
``(d) Actions by Private Persons.--A person may bring a civil
action for a violation of section 7343 or 7344 for the person and for
the United States Government in the same manner as an action under
section 3730(b) of title 31, except that--
``(1) any extension of time under section 3730(b)(3) of
title 31 shall not exceed 120 days;
``(2) section 3730(e)(2) of title 31 shall not apply; and
``(3) section 3730(e)(4) of title 31 shall not apply with
regard to a civil action brought against the President, the
Vice President, or the Attorney General.
``(e) Safe Harbor.--The penalties under this section shall not
apply with respect to a foreign payment made to a senior Federal
official if the official--
``(1) did not solicit the payment; and
``(2) not later than 72 hours after becoming aware of the
receipt of such a payment, and in no case later than 90 days
after its receipt--
``(A) notifies the Director (or, in the case of a
Member of Congress, the Select Committee on Ethics of
the Senate or the Committee on Ethics of the House of
Representatives, as the case may be) of the payment;
and
``(B) returns the payment in full to the entity
that made the payment or remits such payment to the
Treasury.''.
(b) Designation by OGE.--Not later than 90 days after the date of
the enactment of this Act, the Director of the Office of Government
Ethics shall publish, on the Office's public website, an initial list
of any individual designated by the Director under section
7343(c)(4)(E) of title 5, United States Code (as added by subsection
(a) of this Act). The Director shall update such list as appropriate.
(c) Clerical.--The table of sections for subchapter IV of chapter
73 of title 5, United States Code, is amended by adding after the item
relating to section 7342 the following:
``7343. Prohibiting senior Federal officials from accepting foreign
payments.
``7344. Congressional review of foreign payments.
``7345. Penalties.''.
SEC. 626. DISCLOSURES CONCERNING FOREIGN AND DOMESTIC EMOLUMENTS.
(a) Disclosures.--Section 13104(a) of title 5, United States Code,
is amended by adding at the end the following:
``(9) Foreign emoluments.--Any present, emolument, office,
or title received from a government of a foreign country (as
defined in section 1(e) of the Foreign Agents Registration Act
of 1938, as amended (22 U.S.C. 611(e))), including the source,
date, type, and amount or value of each present or emolument
accepted on or before the date of filing during the preceding
calendar year.
``(10) Business interests receiving foreign emoluments.--
Each business interest that is reasonably expected to result in
the receipt of any present or emolument from a government of a
foreign country (as defined in section 1(e) of the Foreign
Agents Registration Act of 1938, as amended (22 U.S.C. 611(e)))
during the current calendar year.
``(11) Emoluments from the united states.--In the case of
the President, any emolument received from the United States,
or a State, other than the compensation for services of the
President as President provided for by Federal law, including
the source, date, type, and amount or value of each emolument
accepted on or before the date of filing during the preceding
calendar year.
``(12) Business interests receiving emoluments from the
united states.--Each business interest that is reasonably
expected to result in the receipt of any emolument from the
United States or a State during the current calendar year.''.
(b) Reporting Requirements Relating to Spouses and Dependent
Children.--Section 13104(e)(1) of title 5, United States Code, is
amended--
(1) in the matter preceding subparagraph (A), by inserting
``and paragraphs (9) through (15)'' after ``(5)''; and
(2) by inserting after subparagraph (F) the following:
``(G) Foreign emoluments.--In the case of items
described in paragraphs (9) and (10) of subsection (a),
all information required to be reported under those
paragraphs.
``(H) Emoluments from united states.--In the case
of--
``(i) items described in paragraph (11)(A)
of subsection (a), any such items received by
spouse or dependent child of the President
other than items related to the services of the
President as President provided for by Federal
law; and
``(ii) items described in paragraph (11)(B)
of subsection (a), all information required to
be reported under that paragraph.''.
(c) Rule of Construction.--Nothing in the amendments made by this
section shall be construed to affect the prohibition against the
acceptance of presents and emoluments under section 1303.
SEC. 627. ENFORCEMENT AUTHORITY FOR OFFICE OF GOVERNMENT ETHICS AND
FINANCIAL DISCLOSURES.
(a) Enforcement.--
(1) In general.--Section 13122(a) of title 5, United States
Code, is amended--
(A) by striking ``The Director'' and inserting
``(1) In general.--The Director''; and
(B) by adding at the end the following:
``(2) Foreign payments.--
``(A) In general.--The Director shall provide
overall direction of executive branch policies related
to compliance with sections 7343 through 7345, and
shall have authority to--
``(i) order individuals to take corrective
action; and
``(ii) pursuant to section 7345, require
disgorgement and divestiture of any foreign
payment received, accepted, or retained by a
senior Federal official without the consent of
Congress to ensure compliance by a senior
Federal official with paragraphs (16) and (17)
of subsection (b) and (17), and with paragraphs
(9) through (15) of section 13104(a).
``(B) Definitions.--In this paragraph and for
purposes of subsection (b)(16), the terms `foreign
payment' and `senior Federal official' have the meaning
given those terms in section 7343(c).
``(3) Overall direction.--The Director shall--
``(A) provide overall direction of executive branch
policies related to compliance with section 1303 and
1304 of the Foreign and Domestic Emoluments Enforcement
Act and with paragraphs (9) through (15) of section
13104(a); and
``(B) shall have the authority, with respect to
section 1303 and 1304 of the Foreign and Domestic
Emoluments Enforcement Act and with paragraphs (9)
through (15) of section 13104(a), to--
``(i) issue administrative fines to
individuals for violations;
``(ii) order individuals to take corrective
action, including disgorgement, divestiture,
and recusal, as the Director deems necessary;
and
``(iii) bring civil actions to enforce such
fines and orders.''.
(2) Specific authority.--Section 13122(b) of title 5,
United States Code, is amended--
(A) in paragraph (14), by striking ``and'' at the
end;
(B) in paragraph (15), by striking the period at
the end and inserting a semicolon; and
(C) by adding after paragraph (15) the following:
``(16) developing and promulgating rules and regulations to
ensure compliance with the requirements of sections 7343
through 7345, including establishing--
``(A) a process for making required reports and
notifications to Congress;
``(B) a process for ensuring the surrender or
requiring the disgorgement and divestiture of a foreign
payment when Congress does not consent to retention of
the foreign payment;
``(C) a process for notifying Congress of non-
compliance with the requirements of section 7343 and
7344 or with any disapproval of retention of any
foreign payment by a senior Federal official; and
``(D) such other matters as are necessary to ensure
compliance with the requirements of section 7343 and
7344; and
``(17) developing and promulgating rules and regulations to
ensure compliance with section 1303 and 1304 of the Foreign and
Domestic Emoluments Enforcement Act and with paragraphs (9)
through (15) of section 13104(a), including establishing--
``(A) requirements for reporting and disclosure;
``(B) a schedule of administrative fines that may
be imposed by the Director for violations; and
``(C) a process for referral of matters to the
Office of Special Counsel for investigation in
compliance with section 1216(d).''.
(b) Disclosures.--Section 13104(a) of title 5, United States Code,
as amended by this Act, is further amended by adding at the end the
following:
``(13) Foreign payments.--Any foreign payment received by a
senior Federal official on or before the date of filing during
the preceding calendar year, including the source, date, type,
amount or value, date of surrender, or the date of adoption by
Congress of a concurrent resolution approving the retention of
the foreign payment under section 7344. In this paragraph, the
terms `foreign payment' and `senior Federal official' have the
meaning given those terms in section 7343(c).
``(14) Payments to business interest.--Each business
interest of a senior Federal official that is reasonably
expected to result in the receipt of any foreign payment during
the current calendar year. In this paragraph, the terms
`foreign payment' and `senior Federal official' have the
meaning given those terms in section 7343(c).''.
SEC. 628. JURISDICTION OF THE OFFICE OF SPECIAL COUNSEL.
Section 1216 of title 5, United States Code, is amended--
(1) in subsection (a)--
(A) in paragraph (4), by striking ``and'' at the
end;
(B) in paragraph (5) by striking the period and
inserting ``; and''; and
(C) by adding at the end the following:
``(6) any violation of--
``(A) section 1303 of the Foreign and Domestic
Emoluments Enforcement Act;
``(B) paragraphs (9) through (15) of section
13104(a); or
``(C) subparagraph (G) and (H) of section
13104(e)(1).''; and
(2) by adding at the end the following:
``(d) If the Director of the Office of Government Ethics refers a
matter for investigation pursuant to section 13122, or if the Special
Counsel receives a credible complaint of a violation described in
subsection (a)(6) of this section, the Special Counsel shall complete
an investigation not later than 120 days thereafter. If the Special
Counsel investigates any violation pursuant to subsection (a)(6), the
Special Counsel shall, not later than 7 days after the completion of
such investigation, report to the Director of the Office of Government
Ethics and to Congress on the results of such investigation.''.
SEC. 629. RULEMAKING FOR ETHICS REQUIREMENTS FOR LEGAL EXPENSE FUNDS.
(a) In General.--Not later than 1 year after the date of enactment
of this Act, the Director of the Office of Government Ethics shall
finalize a rule establishing ethics requirements for the establishment
or operation of a legal expense fund for the benefit of the President,
the Vice President, or any political appointee (as defined in section
1216(f)(6) of title 5, United States Code, as added by section 2621(a)
of this Act), consistent with the requirements of subsection (b).
(b) Limitations on Acceptance of Certain Payments.--
(1) In general.--A legal expense fund described in
subsection (a) may not accept any contribution or other payment
made by--
(A) an individual who is a registered lobbyist
under the Lobbying Disclosure Act of 1995 (2 U.S.C.
1601 et seq.); or
(B) an agent of a foreign principal, as defined in
section 1 of the Foreign Agents Registration Act of
1938, as amended (22 U.S.C. 611).
(2) Appropriate remedial action.--In the case of a
contribution described in paragraph (1)--
(A) the legal expense fund shall take appropriate
remedial action; and
(B) the Director of the Office of Government Ethics
may assess a fine against the individual or agent of a
foreign principal, as defined in section 1 of the
Foreign Agents Registration Act of 1938, as amended (22
U.S.C. 611), who made, or attempted to make, the
contribution or other payment.
SEC. 630. LIMITATIONS AND DISCLOSURE OF CERTAIN DONATIONS TO, AND
DISBURSEMENTS BY, INAUGURAL COMMITTEES.
(a) Requirements for Inaugural Committees.--Title III of the
Federal Election Campaign Act of 1971 (52 U.S.C. 30101 et seq.) is
amended by adding at the end the following new section:
``SEC. 325. INAUGURAL COMMITTEES.
``(a) Prohibited Donations.--
``(1) In general.--It shall be unlawful for--
``(A) an Inaugural Committee--
``(i) to solicit, accept, or receive a
donation from a person that is not an
individual; or
``(ii) to solicit, accept, or receive a
donation from a foreign national;
``(B) a person--
``(i) to make a donation to an Inaugural
Committee in the name of another person, or to
knowingly authorize his or her name to be used
to effect such a donation;
``(ii) to knowingly accept a donation to an
Inaugural Committee made by a person in the
name of another person; or
``(iii) to convert a donation to an
Inaugural Committee to personal use as
described in paragraph (2); or
``(C) a foreign national to, directly or
indirectly, make a donation, or make an express or
implied promise to make a donation, to an Inaugural
Committee.
``(2) Conversion of donation to personal use.--For purposes
of paragraph (1)(B)(iii), a donation shall be considered to be
converted to personal use if any part of the donated amount is
used--
``(A) to fulfill a commitment, obligation, or
expense of a person that would exist irrespective of
the responsibilities of the Inaugural Committee; or
``(B) to benefit the personal business venture of
the President or Vice President of the United States,
the Inaugural Committee, or an immediate family member
of such individuals.
``(3) No effect on disbursement of unused funds to
nonprofit organizations.--Nothing in this subsection may be
construed to prohibit an Inaugural Committee from disbursing
unused funds to an organization which is described in section
501(c)(3) of the Internal Revenue Code of 1986 and is exempt
from taxation under section 501(a) of such Code.
``(b) Limitation on Donations.--
``(1) In general.--It shall be unlawful for an individual
to make donations to an Inaugural Committee which, in the
aggregate, exceed $50,000.
``(2) Indexing.--At the beginning of each Presidential
election year (beginning with 2028), the amount described in
paragraph (1) shall be increased by the cumulative percent
difference determined in section 315(c)(1)(A) since the
previous Presidential election year. If any amount after such
increase is not a multiple of $1,000, such amount shall be
rounded to the nearest multiple of $1,000.
``(c) Disclosure of Certain Donations and Disbursements.--
``(1) Donations over $1,000.--
``(A) In general.--An Inaugural Committee shall
file with the Commission a report disclosing any
donation by an individual to the committee in an amount
of $1,000 or more not later than 24 hours after the
receipt of such donation.
``(B) Contents of report.--A report filed under
subparagraph (A) shall contain--
``(i) the amount of the donation;
``(ii) the date the donation is received;
and
``(iii) the name and address of the
individual making the donation.
``(2) Final report.--Not later than the date that is 90
days after the date of the Presidential inaugural ceremony, the
Inaugural Committee shall file with the Commission a report
containing the following information:
``(A) For each donation of money or anything of
value made to the committee in an aggregate amount
equal to or greater than $200--
``(i) the amount of the donation;
``(ii) the date the donation is received;
and
``(iii) the name and address of the
individual making the donation.
``(B) The total amount of all disbursements, and
all disbursements in the following categories:
``(i) Disbursements made to meet committee
operating expenses.
``(ii) Repayment of all loans.
``(iii) Donation refunds and other offsets
to donations.
``(iv) Any other disbursements.
``(C) The name and address of each person--
``(i) to whom a disbursement in an
aggregate amount or value in excess of $200 is
made by the committee to meet a committee
operating expense, together with date, amount,
and purpose of such operating expense;
``(ii) who receives a loan repayment from
the committee, together with the date and
amount of such loan repayment;
``(iii) who receives a donation refund or
other offset to donations from the committee,
together with the date and amount of such
disbursement; and
``(iv) to whom any other disbursement in an
aggregate amount or value in excess of $200 is
made by the committee, together with the date
and amount of such disbursement.
``(d) Definitions.--For purposes of this section:
``(1) Donation.--
``(A) In general.--The term `donation' includes--
``(i) any gift, subscription, loan,
advance, or deposit of money or anything of
value made by any person to the committee; or
``(ii) the payment by any person of
compensation for the personal services of
another person which are rendered to the
committee without charge for any purpose.
``(B) Exception.--The term `donation' does not
include the value of services provided without
compensation by any individual who volunteers on behalf
of the committee.
``(2) Foreign national.--The term `foreign national' has
the meaning given that term by section 319(b).
``(3) Immediate family member.--The term `immediate family
member' means a parent, parent-in-law, spouse, adult child, or
sibling.
``(4) Inaugural committee.--The term `Inaugural Committee'
has the meaning given that term by section 501 of title 36,
United States Code.
``(e) Rule of Construction.--Nothing in this section may be
construed to limit the authority of a Federal agency to enforce a
Federal law with respect to an Inaugural Committee.''.
(b) Confirming Amendments Related to Reporting Requirements.--
(1) Section 304 of the Federal Election Campaign Act of
1971 (52 U.S.C. 30104) is amended--
(A) by striking subsection (h); and
(B) by redesignating subsection (i) as subsection
(h).
(2) Section 309(a)(4)(C)(iv)(I) is amended by striking ``or
(i)'' and inserting ``or (h)''.
(3) Section 313(c)(4) is amended by striking ``section
304(i)(8)(B)'' and inserting ``section 304(h)(8)(B)''.
(c) Conforming Amendment Related to Status of Committee.--Section
510 of title 36, United States Code, is amended to read as follows:
``Sec. 510. Disclosure of and prohibition on certain donations
``A committee shall not be considered to be the Inaugural Committee
for purposes of this chapter unless the committee agrees to, and meets,
the requirements of section 325 of the Federal Election Campaign Act of
1971.''.
(d) Effective Date.--The amendments made by this section shall
apply with respect to Inaugural Committees established under chapter 5
of title 36, United States Code, for inaugurations held in 2029 and any
succeeding year.
SEC. 631. PROHIBITION ON PAYMENTS TO THE PRESIDENT OF FEDERAL OR STATE
GOVERNMENT FUNDS.
Section 102 of title 3, United States Code, is amended--
(1) by striking ``The President'' and inserting ``(a) In
General.--The President''; and
(2) by adding at the end the following:
``(b) Limitations.--
``(1) In general.--Except for the amounts provided by
subsection (a), and except as provided in paragraph (2) of this
subsection and section 1314 of the Foreign and Domestic
Emoluments Enforcement Act--
``(A) the President may not accept any payment,
including any payment to any Presidentially-owned
entity, from any Federal or State funds; and
``(B) no individual may cause an agency,
department, or other instrumentality of the Federal
Government to make such a payment.
``(2) Application.--Except for payments made to the
President or a Presidentially-owned entity, nothing in this
subsection shall be construed to limit the total amount of
funds a Government entity may obligate or expend to assist in
defraying expenses relating to or resulting from the discharge
of the President's official duties, including expenses for the
security necessary for the President to discharge such duties,
consistent with applicable levels of appropriations made
available for such expenses and the requirements of the Foreign
and Domestic Emoluments Enforcement Act.
``(3) Unofficial act.--The acceptance by the President of a
payment prohibited by this subsection is not an official act.
``(4) Disgorgement.--
``(A) Notice.--
``(i) Federal agencies.--Not later than 30
days after the date on which a Federal agency,
department, or other instrumentality of the
Government makes a payment that is prohibited
under paragraph (1), the head of such Federal
agency, department, or other instrumentality
shall submit a notice of such payment to the
President, the Committee on Oversight and
Government Reform of the House of
Representatives, and the Committee on Homeland
Security and Governmental Affairs of the
Senate.
``(ii) The president.--
``(I) In general.--Not later than
the earlier of 30 days after the date
on which the President learns of the
receipt of a payment prohibited under
paragraph (1) or seven days after
receiving notice under clause (i), the
President shall submit a notice of such
payment to the Committee on Oversight
and Government Reform of the House of
Representatives and the Committee on
Homeland Security and Governmental
Affairs of the Senate.
``(II) Contents.--A notice
submitted under subclause (I) with
respect to a payment prohibited under
paragraph (1) shall include--
``(aa) the date on which
the President received such
payment and the value of such
payment;
``(bb) the source of such
payment; and
``(cc) if the President
received the payment through a
Presidentially-owned entity,
the name of each
Presidentially-owned entity
through which the President
received such payment.
``(B) Return of prohibited state and federal
payments.--Not later than 60 days after the date on
which the President learns of the receipt of a payment
prohibited under paragraph (1), the President shall--
``(i) in the case of a payment from a State
government or subdivision thereof that is
prohibited under paragraph (1), return such
payment to the State or subdivision; and
``(ii) in the case of a payment from the
Federal Government that is prohibited under
such paragraph, transfer or return such payment
to the Treasury.
``(C) Certification of return.--
``(i) In general.--Not later than 30 days
after the date on which the President makes a
return payment to the Treasury under
subparagraph (B), the President and the
Secretary of the Treasury shall each submit to
the Committee on Oversight and Government
Reform of the House of Representatives and the
Committee on Homeland Security and Governmental
Affairs of the Senate a sworn certification of
such return payment to the Treasury.
``(ii) Contents.--A certification submitted
under clause (i) for a return payment with
respect to a payment prohibited under paragraph
(1) shall include--
``(I) the date on which the
President received such prohibited
payment and the value of such
prohibited payment;
``(II) the source of such
prohibited payment;
``(III) the date on which the
President made such return payment;
``(IV) the value of such return
payment;
``(V) each source of such return
payment; and
``(VI) if the President received
such prohibited payment through a
Presidentially-owned entity, the name
of each Presidentially-owned entity
through which the President received
such prohibited payment.
``(5) Definitions.--In this subsection--
``(A) the terms `Presidentially-owned entity' and
`payment' have the meaning given those terms in section
1302 of the Foreign and Domestic Emoluments Enforcement
Act; and
``(B) the term `return payment' means a payment
constituting the transfer or return payment prohibited
under paragraph (1).''.
SEC. 632. PROHIBITION ON PAYMENTS TO THE PRESIDENT FROM INDIVIDUALS
RECEIVING GOVERNMENT POSITIONS OR GRANTS OF CLEMENCY FROM
THE PRESIDENT.
(a) Prohibition on Payments.--
(1) Payments made.--
(A) Covered officials.--A covered official may not
knowingly make or cause to be made a payment to the
President, including any payment to a Presidentially-
owned entity.
(B) Individuals granted clemency.--An individual
granted clemency (including a pardon) by the President
may not knowingly make or cause to be made a payment to
the President, including any payment to a
Presidentially-owned entity, during any period that the
President that granted such clemency to such individual
is the President.
(2) Payments received.--The President may not accept any
payment that is unlawful to make or cause to be made under
paragraph (1).
(3) De minimis payments.--Paragraphs (1) and (2) shall not
apply with respect to a payment that is less than or equal to
$50.
(4) Unofficial act.--The acceptance by the President of a
payment prohibited by this section is not an official act.
(b) Required Disclosures to Congress.--
(1) Advice and consent positions.--On the date that the
President transmits to the Senate the nomination of an
individual to a position the appointment to which requires the
advice and consent of the Senate, the President shall submit
with such transmittal a report, to the applicable committee of
the Senate that will consider the nomination, listing any
payment made by such individual to the President, including any
payment to a Presidentially-owned entity, during the period
beginning on the date on which the President became a candidate
(as such term is defined in section 301 of the Federal Election
Campaign Act of 1971 (52 U.S.C. 30101)) for the office of the
President and ending on the date of such transmittal.
(2) Other positions.--On the date any individual is
appointed to a position described in section 1302(7)(B), the
President shall submit, to the Committee on Oversight and
Government Reform of the House of Representatives and the
Committee on Homeland Security and Governmental Affairs of the
Senate, a report listing any payment made by such individual to
the President, including any payment to a Presidentially-owned
entity, during the period beginning on the date on which the
President became a candidate (as such term is defined in
section 301 of the Federal Election Campaign Act of 1971 (52
U.S.C. 30101)) for the office of the President and ending on
the date of the submission of such report.
(3) Clemency.--On the date the President issues clemency,
including a pardon, to any individual, the President shall
submit, to the Committee on the Judiciary of the House of
Representatives, the Committee on Oversight and Government
Reform of the House of Representatives, the Committee on the
Judiciary of the Senate, and(1) the Committee on Homeland
Security and Governmental Affairs of the Senate, a report
listing any payment made by such individual to the President,
including any payment to a Presidentially-owned entity, during
the period beginning on the date on which the President became
a candidate (as such term is defined in section 301 of the
Federal Election Campaign Act of 1971 (52 U.S.C. 30101)) for
the office of the President and ending on the date of the
submission of such report.
(c) Return of Funds.--
(1) In general.--Not later than 60 days after the date of
the transmittal of a report under paragraph (1), (2), or (3) of
subsection (b), any payment listed in any such report shall be
transferred or returned to the general fund of the Treasury.
(2) Report.--Not later than 30 days after the date any
payment has been deposited in the general fund of the Treasury
pursuant to paragraph (1), the President shall submit a report,
to the Committee on Oversight and Government Reform of the
House of Representatives and the Committee on Homeland Security
and Governmental Affairs of the Senate, listing the name of the
individual who made such payment or caused such payment to be
made.
(d) Financial Disclosures.--Section 13104 of title 5, United States
Code, is amended--
(1) in subsection (a), by adding at the end the following
new paragraph:
``(15) Payments to president.--
``(A) In general.--Any payment, including any
payments to a Presidentially-owned entity, received by
the President during a calendar year from any covered
official, or from any individual granted clemency
(including a pardon) by the President, including the
source, date, type, amount or value of the payment,
and, if accepted through a Presidentially-owned entity,
the name of the business through which it was accepted.
``(B) Application.--The disclosure required under
this paragraph shall only apply to reports filed
pursuant to section 13103(d) and (e) by the President.
``(C) Definitions.--In this paragraph, terms
`Presidentially-owned entity', `covered official', and
`payment' have the meaning given those terms in section
1302 of the Foreign and Domestic Emoluments Enforcement
Act.''; and
(2) in subsection (b)--
(A) by redesignating paragraph (2) as paragraph
(3); and
(B) by inserting after paragraph (1) the following:
``(2) New appointee payments to the president.--
``(A) New appointees.--With respect to any report
filed under paragraph (1) pursuant to subsections (a)
or (b) of section 13103 by an individual nominated or
appointed (as the case may be) by the President to be a
covered official, such report shall include--
``(i) any payment made by the individual to
the President, including a payment to a
Presidentially-owned entity, during the period
beginning on the date on which the President
became a candidate (as such term is defined in
section 301 of the Federal Election Campaign
Act of 1971 (52 U.S.C. 30101)) for the office
of the President before being elected as
President and ending on the date on which such
individual files such report;
``(ii) the date of nomination or
appointment;
``(iii) the date, type, and amount or value
of the payment; and
``(iv) for any payment made to a
Presidentially-owned entity, the name of the
entity to which the payment was made.
``(B) Definitions.--In this paragraph, terms
`covered official', `Presidentially-owned entity', and
`payment' have the meaning given those terms in section
1302 of the Foreign and Domestic Emoluments Enforcement
Act.''.
SEC. 633. PENALTIES.
(a) Attorney General.--The Attorney General may bring a civil
action against any person in an appropriate United States district
court for receiving, accepting, making, or causing to be made a payment
in violation of section 1313(a) or section 102(b) of title 3, United
States Code, as added by section 1312 of this Act, for--
(1) a civil monetary penalty in an amount not to exceed
$5,000 more than the value of such payment; and
(2) such injunctive relief as may be appropriate.
(b) Private Action.--A person may bring a civil action for a
violation of subsections (a) and (c) of section 1313 or section 102(b)
of title 3, United States Code, as added by section 1312 of this Act,
for the person and for the United States Government in the same manner
as an action under subsection (b) of section 3730 of title 31, United
States Code, except that--
(1) any extension of time under paragraph (3) of such
subsection shall not exceed 120 days; and
(2) subsection (e) of such section, other than paragraph
(3) of such subsection, shall not apply.
(c) Statute of Limitation Tolled.--Any statute of limitations
applicable to an action for a payment in violation of section 1313(a)
or section 102(b) of title 3, United States Code, as added by section
1312 of this Act, shall be tolled for each period of time during
which--
(1) in the case of a payment to an individual holding the
office of President, such individual holds the office of
President; or
(2) in the case of a payment to a Presidentially-owned
entity, the individual holding the office of President at the
time of such payment holds the office of the President.
SEC. 634. EXCEPTIONS.
This subtitle, and the provisions of section 510 of title 36,
United States Code, section 325 of the Federal Election Campaign Act of
1971, and section 7343 of title 5, United States Code, do not apply in
the case of the following:
(1) Payment of compensation of the President under section
102 of title 3, United States Code.
(2) Any other payment derived from Federal or State funds,
or from any covered official, that is required under Federal or
State law, including Government contributions for health care,
pension payments, or any other authorized benefit.
(3) Any payment from the Federal Government or a State to
the President or a Presidentially-owned entity under a program
that is available to the public and which is made without
regard to the ownership of such entity by an individual holding
the office of the President.
SEC. 635. SEVERABILITY.
If any provision of this subtitle or amendment made by this
subtitle, or the application of a provision or amendment to any person
or circumstance, is held to be unconstitutional, the remainder of this
subtitle and amendments made by this subtitle, and the application of
the provisions and amendment to any person or circumstance, shall not
be affected by the holding.
Subtitle D--Investigative Integrity Protection
SEC. 641. SHORT TITLE.
This subtitle may be cited as the ``Investigative Integrity
Protection Act''.
SEC. 642. PRESIDENTIAL OVERSIGHT OF ATTORNEY GENERAL.
(a) In General.--Chapter 31 of title 28, United States Code, is
amended by adding at the end the following:
``Sec. 530E. Presidential oversight of Attorney General
``(a) Certification.--In the case of any criminal prosecution
against the President or a President-elect, irrespective of when the
prosecution was initiated, if the Government seeks dismissal of such
prosecution, the court shall require the Attorney General to submit a
sworn statement under penalty of perjury attesting as to whether the
dismissal was ordered by the President or President-elect, as
applicable, or anyone acting pursuant to the direction of the President
or President-elect, as applicable.
``(b) Considerations.--
``(1) In general.--The court shall only grant dismissal
under this section if the court determines such dismissal is
appropriate and in the interest of justice after having duly
considered--
``(A) the circumstances of the case;
``(B) the sworn statement required by subsection
(a);
``(C) any evidence in the record or ex curia, which
shall be reflected in the order of the court, to
support an inference that the decision to seek
dismissal of the prosecution is motivated by bad faith
or is a pretext to enable the President or President-
elect, as applicable, to act outside of the legal and
constitutional authority of the Presidency; and
``(D) any other factor the court determines is
appropriate.
``(2) Evidentiary considerations.--Evidence considered
under paragraph (1)(C) may include--
``(A) whether the dismissal was suggested,
encouraged, requested, or ordered by the President or
President-elect, as applicable; or
``(B) whether the Attorney General was, in the
opinion of the court, appointed in whole or in part for
the willingness of the Attorney General to dismiss the
prosecution or any other criminal prosecution against
the President or President-elect, as applicable.
``(c) Three-Judge Court.--Any action seeking dismissal under this
section shall be heard by a three-judge court convened pursuant to
section 2284.
``(d) Sanctions.--If the court, in making a determination under
subsection (b), additionally determines that the motion to dismiss was
made without good cause, the court may impose sanctions as appropriate.
``(e) Inspector General Responsibilities.--The Inspector General of
the Department of Justice, upon having a good-faith basis to conclude
that a motion to dismiss a prosecution against the President or
President-elect, as applicable, was brought at the direction of the
President or President-elect, as applicable, or anyone acting pursuant
to the direction of the President or President-elect, as applicable,
shall immediately report such findings to Congress.
``(f) Preservation and Submission of Materials.--If a court grants
a dismissal under this section, the Attorney General shall--
``(1) preserve any materials obtained or prepared by the
Department of Justice until the date on which the applicable
limitations period expires; and
``(2) submit to the Inspector General of the Department of
Justice and to Congress the materials described in paragraph
(1).''.
(b) Technical and Conforming Amendment.--The table of sections for
chapter 31 of title 28, United States Code, is amended by adding at the
end the following:
``530E. Presidential oversight of Attorney General.''.
TITLE VII--CONSTITUTIONAL AMENDMENT TO OVERTURN CITIZENS UNITED
SEC. 701. CONSTITUTIONAL AMENDMENT TO OVERTURN CITIZENS UNITED.
The following article is proposed as an amendment to the
Constitution of the United States, which shall be valid to all intents
and purposes as part of the Constitution when ratified by the
legislatures of three-fourths of the several States within seven years
after the date of its submission for ratification:
``Article--
``Section 1. Congress and the States may regulate and impose
reasonable viewpoint-neutral limitations on the raising and spending of
money by candidates and others to influence elections.
``Section 2. Congress and the States may regulate and enact systems
of public campaign financing, including those designed to restrict the
influence of private wealth by offsetting the raising and spending of
money by candidates and others to influence elections with increased
public funding.
``Section 3. Congress and the States shall have power to implement
and enforce this article by appropriate legislation, and may
distinguish between natural persons and corporations or other
artificial entities created by law, including by prohibiting such
entities from spending money to influence elections.
``Section 4. Nothing in this article shall be construed to grant
Congress or the States the power to abridge the freedom of the
press.''.
TITLE VIII--REPORTING OF CAMPAIGN-RELATED DISBURSEMENTS
SEC. 801. SHORT TITLE.
This title may be cited as the ``Title II of the DISCLOSE Act''.
SEC. 802. REPORTING OF CAMPAIGN-RELATED DISBURSEMENTS.
(a) In General.--Section 324 of the Federal Election Campaign Act
of 1971 (52 U.S.C. 30126) is amended to read as follows:
``SEC. 324. DISCLOSURE OF CAMPAIGN-RELATED DISBURSEMENTS BY COVERED
ORGANIZATIONS.
``(a) Disclosure Statement.--
``(1) In general.--Any covered organization that makes
campaign-related disbursements aggregating more than $10,000 in
an election reporting cycle shall, not later than 24 hours
after each disclosure date, file a statement with the
Commission made under penalty of perjury that contains the
information described in paragraph (2)--
``(A) in the case of the first statement filed
under this subsection, for the period beginning on the
first day of the election reporting cycle (or, if
earlier, the period beginning one year before the first
such disclosure date) and ending on the first such
disclosure date; and
``(B) in the case of any subsequent statement filed
under this subsection, for the period beginning on the
previous disclosure date and ending on such disclosure
date.
``(2) Information described.--The information described in
this paragraph is as follows:
``(A) The name of the covered organization and the
principal place of business of such organization and,
in the case of a covered organization that is a
corporation (other than a business concern that is an
issuer of a class of securities registered under
section 12 of the Securities Exchange Act of 1934 (15
U.S.C. 78l) or that is required to file reports under
section 15(d) of that Act (15 U.S.C. 78o(d))) or an
entity described in subsection (e)(2), a list of the
beneficial owners (as defined in paragraph (4)(A)) of
the entity that--
``(i) identifies each beneficial owner by
name and current residential or business street
address; and
``(ii) if any beneficial owner exercises
control over the entity through another legal
entity, such as a corporation, partnership,
limited liability company, or trust, identifies
each such other legal entity and each such
beneficial owner who will use that other entity
to exercise control over the entity.
``(B) The amount of each campaign-related
disbursement made by such organization during the
period covered by the statement of more than $1,000,
and the name and address of the person to whom the
disbursement was made.
``(C) In the case of a campaign-related
disbursement that is not a covered transfer, the
election to which the campaign-related disbursement
pertains and if the disbursement is made for a public
communication, the name of any candidate identified in
such communication and if such communication is in
support of or in opposition to the identified
candidate.
``(D) A certification by the chief executive
officer or person who is the head of the covered
organization that the campaign-related disbursement is
not made in cooperation, consultation, or concert with
or at the request or suggestion of a candidate,
authorized committee, or agent of a candidate,
political party, or agent of a political party.
``(E)(i) If the covered organization makes
campaign-related disbursements using exclusively funds
in a campaign-related disbursement segregated fund, for
each payment made to the account by a person other than
the covered organization--
``(I) the name and address of each person
who made such payment to the account during the
period covered by the statement;
``(II) the date and amount of such payment;
and
``(III) the aggregate amount of all such
payments made by the person during the period
beginning on the first day of the election
reporting cycle (or, if earlier, the period
beginning one year before the disclosure date)
and ending on the disclosure date,
but only if such payment was made by a person who made
payments to the account in an aggregate amount of
$10,000 or more during the period beginning on the
first day of the election reporting cycle (or, if
earlier, the period beginning one year before the
disclosure date) and ending on the disclosure date.
``(ii) In any calendar year after 2027, section
315(c)(1)(B) shall apply to the amount described in
clause (i) in the same manner as such section applies
to the limitations established under subsections
(a)(1)(A), (a)(1)(B), (a)(3), and (h) of such section,
except that for purposes of applying such section to
the amounts described in subsection (b), the `base
period' shall be calendar year 2027.
``(F)(i) If the covered organization makes
campaign-related disbursements using funds other than
funds in a campaign-related disbursement segregated
fund, for each payment to the covered organization--
``(I) the name and address of each person
who made such payment during the period covered
by the statement;
``(II) the date and amount of such payment;
and
``(III) the aggregate amount of all such
payments made by the person during the period
beginning on the first day of the election
reporting cycle (or, if earlier, the period
beginning one year before the disclosure date)
and ending on the disclosure date,
but only if such payment was made by a person who made
payments to the covered organization in an aggregate
amount of $10,000 or more during the period beginning
on the first day of the election reporting cycle (or,
if earlier, the period beginning one year before the
disclosure date) and ending on the disclosure date.
``(ii) In any calendar year after 2027, section
315(c)(1)(B) shall apply to the amount described in
clause (i) in the same manner as such section applies
to the limitations established under subsections
(a)(1)(A), (a)(1)(B), (a)(3), and (h) of such section,
except that for purposes of applying such section to
the amounts described in subsection (b), the `base
period' shall be calendar year 2027.
``(G) Such other information as required in rules
established by the Commission to promote the purposes
of this section.
``(3) Exceptions.--
``(A) Amounts received in ordinary course of
business.--The requirement to include in a statement
filed under paragraph (1) the information described in
paragraph (2) shall not apply to amounts received by
the covered organization in commercial transactions in
the ordinary course of any trade or business conducted
by the covered organization or in the form of
investments (other than investments by the principal
shareholder in a limited liability corporation) in the
covered organization. For purposes of this
subparagraph, amounts received by a covered
organization as remittances from an employee to the
employee's collective bargaining representative shall
be treated as amounts received in commercial
transactions in the ordinary course of the business
conducted by the covered organization.
``(B) Donor restriction on use of funds.--The
requirement to include in a statement submitted under
paragraph (1) the information described in subparagraph
(F) of paragraph (2) shall not apply if--
``(i) the person described in such
subparagraph prohibited, in writing, the use of
the payment made by such person for campaign-
related disbursements; and
``(ii) the covered organization agreed to
follow the prohibition and deposited the
payment in an account which is segregated from
a campaign-related disbursement segregated fund
and any other account used to make campaign-
related disbursements.
``(C) Threat of harassment or reprisal.--The
requirement to include any information relating to the
name or address of any person (other than a candidate)
in a statement submitted under paragraph (1) shall not
apply if the inclusion of the information would subject
the person to serious threats, harassment, or
reprisals.
``(4) Other definitions.--For purposes of this section:
``(A) Beneficial owner defined.--
``(i) In general.--Except as provided in
clause (ii), the term `beneficial owner' means,
with respect to any entity, a natural person
who, directly or indirectly--
``(I) exercises substantial control
over an entity through ownership,
voting rights, agreement, or otherwise;
or
``(II) has a substantial interest
in or receives substantial economic
benefits from the assets of an entity.
``(ii) Exceptions.--The term `beneficial
owner' shall not include--
``(I) a minor child;
``(II) a person acting as a
nominee, intermediary, custodian, or
agent on behalf of another person;
``(III) a person acting solely as
an employee of an entity and whose
control over or economic benefits from
the entity derives solely from the
employment status of the person;
``(IV) a person whose only interest
in an entity is through a right of
inheritance, unless the person also
meets the requirements of clause (i);
or
``(V) a creditor of an entity,
unless the creditor also meets the
requirements of clause (i).
``(iii) Anti-abuse rule.--The exceptions
under clause (ii) shall not apply if used for
the purpose of evading, circumventing, or
abusing the provisions of clause (i) or
paragraph (2)(A).
``(B) Campaign-related disbursement segregated
fund.--The term `campaign-related disbursement
segregated fund' means a segregated bank account
consisting of funds that were paid directly to such
account by persons other than the covered organization
that controls the account.
``(C) Disclosure date.--The term `disclosure date'
means--
``(i) the first date during any election
reporting cycle by which a person has made
campaign-related disbursements aggregating more
than $10,000; and
``(ii) any other date during such election
reporting cycle by which a person has made
campaign-related disbursements aggregating more
than $10,000 since the most recent disclosure
date for such election reporting cycle.
``(D) Election reporting cycle.--The term `election
reporting cycle' means the 2-year period beginning on
the date of the most recent general election for
Federal office.
``(E) Payment.--The term `payment' includes any
contribution, donation, transfer, payment of dues, or
other payment.
``(b) Coordination With Other Provisions.--
``(1) Other reports filed with the commission.--Information
included in a statement filed under this section may be
excluded from statements and reports filed under section 304.
``(2) Treatment as separate segregated fund.--A campaign-
related disbursement segregated fund may be treated as a
separate segregated fund for purposes of section 527(f)(3) of
the Internal Revenue Code of 1986.
``(c) Filing.--Statements required to be filed under subsection (a)
shall be subject to the requirements of section 304(d) to the same
extent and in the same manner as if such reports had been required
under subsection (c) or (g) of section 304.
``(d) Campaign-Related Disbursement Defined.--
``(1) In general.--In this section, the term `campaign-
related disbursement' means a disbursement by a covered
organization for any of the following:
``(A) An independent expenditure which expressly
advocates the election or defeat of a clearly
identified candidate for election for Federal office,
or is the functional equivalent of express advocacy
because, when taken as a whole, it can be interpreted
by a reasonable person only as advocating the election
or defeat of a candidate for election for Federal
office.
``(B) An applicable public communication.
``(C) An electioneering communication, as defined
in section 304(f)(3).
``(D) A covered transfer.
``(2) Applicable public communications.--
``(A) In general.--The term `applicable public
communication' means any public communication that
refers to a clearly identified candidate for election
for Federal office and which promotes or supports the
election of a candidate for that office, or attacks or
opposes the election of a candidate for that office,
without regard to whether the communication expressly
advocates a vote for or against a candidate for that
office.
``(B) Exception.--Such term shall not include any
news story, commentary, or editorial distributed
through the facilities of any broadcasting station or
any print, online, or digital newspaper, magazine,
publication, or periodical, unless such facilities are
owned or controlled by any political party, political
committee, or candidate.
``(e) Covered Organization Defined.--In this section, the term
`covered organization' means any of the following:
``(1) A corporation (other than an organization described
in section 501(c)(3) of the Internal Revenue Code of 1986).
``(2) A limited liability corporation that is not otherwise
treated as a corporation for purposes of this Act (other than
an organization described in section 501(c)(3) of the Internal
Revenue Code of 1986).
``(3) An organization described in section 501(c) of such
Code and exempt from taxation under section 501(a) of such Code
(other than an organization described in section 501(c)(3) of
such Code).
``(4) A labor organization (as defined in section 316(b)).
``(5) Any political organization under section 527 of the
Internal Revenue Code of 1986, other than a political committee
under this Act (except as provided in paragraph (6)).
``(6) A political committee with an account that accepts
donations or contributions that do not comply with the
contribution limits or source prohibitions under this Act, but
only with respect to such accounts.
``(f) Covered Transfer Defined.--
``(1) In general.--In this section, the term `covered
transfer' means any transfer or payment of funds by a covered
organization to another person if the covered organization--
``(A) designates, requests, or suggests that the
amounts be used for--
``(i) campaign-related disbursements (other
than covered transfers); or
``(ii) making a transfer to another person
for the purpose of making or paying for such
campaign-related disbursements;
``(B) made such transfer or payment in response to
a solicitation or other request for a donation or
payment for--
``(i) the making of or paying for campaign-
related disbursements (other than covered
transfers); or
``(ii) making a transfer to another person
for the purpose of making or paying for such
campaign-related disbursements;
``(C) engaged in discussions with the recipient of
the transfer or payment regarding--
``(i) the making of or paying for campaign-
related disbursements (other than covered
transfers); or
``(ii) donating or transferring any amount
of such transfer or payment to another person
for the purpose of making or paying for such
campaign-related disbursements; or
``(D) knew or had reason to know that the person
receiving the transfer or payment would make campaign-
related disbursements in an aggregate amount of $50,000
or more during the 2-year period beginning on the date
of the transfer or payment.
``(2) Exclusions.--The term `covered transfer' does not
include any of the following:
``(A) A disbursement made by a covered organization
in a commercial transaction in the ordinary course of
any trade or business conducted by the covered
organization or in the form of investments made by the
covered organization.
``(B) A disbursement made by a covered organization
if--
``(i) the covered organization prohibited,
in writing, the use of such disbursement for
campaign-related disbursements; and
``(ii) the recipient of the disbursement
agreed to follow the prohibition and deposited
the disbursement in an account which is
segregated from a campaign-related disbursement
segregated fund and any other account used to
make campaign-related disbursements.
``(3) Special rule regarding transfers among affiliates.--
``(A) Special rule.--A transfer of an amount by one
covered organization to another covered organization
which is treated as a transfer between affiliates under
subparagraph (C) shall be considered a covered transfer
by the covered organization which transfers the amount
only if the aggregate amount transferred during the
year by such covered organization to that same covered
organization is equal to or greater than $50,000.
``(B) Determination of amount of certain payments
among affiliates.--In determining the amount of a
transfer between affiliates for purposes of
subparagraph (A), to the extent that the transfer
consists of funds attributable to dues, fees, or
assessments which are paid by individuals on a regular,
periodic basis in accordance with a per-individual
calculation which is made on a regular basis, the
transfer shall be attributed to the individuals paying
the dues, fees, or assessments and shall not be
attributed to the covered organization.
``(C) Description of transfers between
affiliates.--A transfer of amounts from one covered
organization to another covered organization shall be
treated as a transfer between affiliates if--
``(i) one of the organizations is an
affiliate of the other organization; or
``(ii) each of the organizations is an
affiliate of the same organization,
except that the transfer shall not be treated as a
transfer between affiliates if one of the organizations
is established for the purpose of making campaign-
related disbursements.
``(D) Determination of affiliate status.--For
purposes of subparagraph (C), a covered organization is
an affiliate of another covered organization if--
``(i) the governing instrument of the
organization requires it to be bound by
decisions of the other organization;
``(ii) the governing board of the
organization includes persons who are
specifically designated representatives of the
other organization or are members of the
governing board, officers, or paid executive
staff members of the other organization, or
whose service on the governing board is
contingent upon the approval of the other
organization; or
``(iii) the organization is chartered by
the other organization.
``(E) Coverage of transfers to affiliated section
501(c)(3) organizations.--This paragraph shall apply
with respect to an amount transferred by a covered
organization to an organization described in paragraph
(3) of section 501(c) of the Internal Revenue Code of
1986 and exempt from tax under section 501(a) of such
Code in the same manner as this paragraph applies to an
amount transferred by a covered organization to another
covered organization.
``(g) No Effect on Other Reporting Requirements.--Except as
provided in subsection (b)(1), nothing in this section shall be
construed to waive or otherwise affect any other requirement of this
Act which relates to the reporting of campaign-related
disbursements.''.
(b) Conforming Amendment.--Section 304(f)(6) of such Act (52 U.S.C.
30104) is amended by striking ``Any requirement'' and inserting
``Except as provided in section 324(b), any requirement''.
(c) Regulations.--Not later than 6 months after the date of the
enactment of this Act, the Federal Election Commission shall promulgate
regulations relating the application of the exemption under section
324(a)(3)(C) of the Federal Election Campaign Act of 1971 (as added by
subsection (a)). Such regulations--
(1) shall require that the legal burden of establishing
eligibility for such exemption is upon the organization
required to make the report required under section 324(a)(1) of
such Act (as added by subsection (a)), and
(2) shall be consistent with the principles applied in
Citizens United v. Federal Election Commission, 558 U.S. 310
(2010).
SEC. 803. REPORTING OF FEDERAL JUDICIAL NOMINATION DISBURSEMENTS.
(a) Findings.--Congress makes the following findings:
(1) A fair and impartial judiciary is critical for our
democracy and crucial to maintain the faith of the people of
the United States in the justice system. As the Supreme Court
held in Caperton v. Massey, ``there is a serious risk of actual
bias--based on objective and reasonable perceptions--when a
person with a personal stake in a particular case had a
significant and disproportionate influence in placing the judge
on the case.'' (Caperton v. A.T. Massey Coal Co., 556 U.S. 868,
884 (2009)).
(2) Public trust in government is at a historic low.
According to polling, most Americans believe that corporations
have too much power and influence in politics and the courts.
(3) The prevalence and pervasiveness of dark money drives
public concern about corruption in politics and the courts.
Dark money is funding for organizations and political
activities that cannot be traced to actual donors. It is made
possible by loopholes in our tax laws and regulations, weak
oversight by the Internal Revenue Service, and donor-friendly
court decisions.
(4) Under current law, ``social welfare'' organizations and
business leagues can use funds to influence elections so long
as political activity is not their ``primary'' activity. Super
PACs can accept and spend unlimited contributions from any non-
foreign source. These groups can spend tens of millions of
dollars on political activities. Such dark money groups spent
an estimated $1,050,000,000 in the 2020 election cycle.
(5) Dark money is used to shape judicial decision making.
This can take many forms, akin to agency capture: influencing
judicial selection by controlling who gets nominated and
funding candidate advertisements; creating public relations
campaigns aimed at mobilizing the judiciary around particular
issues; and drafting law review articles, amicus briefs, and
other products which tell judges how to decide a given case and
provide ready-made arguments for willing judges to adopt.
(6) Over the past decade, nonprofit organizations that do
not disclose their donors have spent hundreds of millions of
dollars to influence the nomination and confirmation process
for Federal judges. One organization alone has spent nearly
$40,000,000 on advertisements supporting or opposing Supreme
Court nominees since 2016.
(7) Anonymous money spent on judicial nominations is not
subject to any disclosure requirements. Federal election laws
only regulate contributions and expenditures relating to
electoral politics; thus, expenditures, contributions, and
advocacy efforts for Federal judgeships are not covered under
the Federal Election Campaign Act of 1971. Without more
disclosure, the public has no way of knowing whether the people
spending money supporting or opposing judicial nominations have
business before the courts.
(8) Congress and the American people have a compelling
interest in knowing who is funding these campaigns to select
and confirm judges to lifetime appointments on the Federal
bench.
(b) Reporting.--Section 324 of the Federal Election Campaign Act of
1971 (52 U.S.C. 30126), as amended by section 802, is amended by
redesignating subsection (g) as subsection (h) and by inserting after
subsection (f) the following new subsection:
``(g) Application to Federal Judicial Nominations.--
``(1) In general.--For purposes of this section--
``(A) a disbursement by a covered organization for
a Federal judicial nomination communication shall be
treated as a campaign-related disbursement; and
``(B) in the case of campaign-related disbursements
which are for Federal judicial nomination
communications--
``(i) the dollar amounts in paragraphs (1)
and (2) of subsection (a) shall be applied
separately with respect to such disbursements
and other campaign-related disbursements;
``(ii) the election reporting cycle shall
be the calendar year in which the disbursement
for the Federal judicial nomination
communication is made;
``(iii) references to a candidate in
subsections (a)(2)(C), (a)(2)(D), and (a)(3)(C)
shall be treated as references to a nominee for
a Federal judge or justice; and
``(iv) the reference to an election in
subsection (a)(2)(C) shall be treated as a
reference to the nomination of such nominee.
``(2) Federal judicial nomination communication.--
``(A) In general.--The term `Federal judicial
nomination communication' means any communication--
``(i) that is by means of any broadcast,
cable, or satellite, paid internet, or paid
digital communication, paid promotion,
newspaper, magazine, outdoor advertising
facility, mass mailing, telephone bank,
telephone messaging effort of more than 500
substantially similar calls or electronic
messages within a 30-day period, or any other
form of general public political advertising;
and
``(ii) which promotes, supports, attacks,
or opposes the nomination or Senate
confirmation of an individual as a Federal
judge or justice.
``(B) Exception.--Such term shall not include any
news story, commentary, or editorial distributed
through the facilities of any broadcasting station or
any print, online, or digital newspaper, magazine,
publication, or periodical, unless such facilities are
owned or controlled by any political party, political
committee, or candidate.
``(C) Intent not required.--A disbursement for an
item described in subparagraph (A) shall be treated as
a disbursement for a Federal judicial nomination
communication regardless of the intent of the person
making the disbursement.''.
SEC. 804. COORDINATION WITH FINCEN.
(a) In General.--The Director of the Financial Crimes Enforcement
Network of the Department of the Treasury shall provide the Federal
Election Commission with such information as necessary to assist in
administering and enforcing section 324 of the Federal Election
Campaign Act of 1971, as amended by this title.
(b) Report.--Not later than 6 months after the date of the
enactment of this Act, the Chairman of the Federal Election Commission,
in consultation with the Director of the Financial Crimes Enforcement
Network of the Department of the Treasury, shall submit to Congress a
report with recommendations for providing further legislative authority
to assist in the administration and enforcement of such section 324.
SEC. 805. APPLICATION OF FOREIGN MONEY BAN TO DISBURSEMENTS FOR
CAMPAIGN-RELATED DISBURSEMENTS CONSISTING OF COVERED
TRANSFERS.
Section 319(b)(2) of the Federal Election Campaign Act of 1971 (52
U.S.C. 30121(a)(1)(A)), as amended by section 802, is amended--
(1) by striking ``includes any disbursement'' and inserting
``includes--
``(A) any disbursement'';
(2) by striking the period at the end and inserting ``;
and''; and
(3) by adding at the end the following new subparagraph:
``(B) any disbursement, other than a disbursement
described in section 324(a)(3)(A), to another person
who made a campaign-related disbursement consisting of
a covered transfer (as described in section 324) during
the 2-year period ending on the date of the
disbursement.''.
SEC. 806. SENSE OF CONGRESS REGARDING IMPLEMENTATION.
It is the sense of Congress that the Federal Election Commission
should simplify the process for filing any disclosure required under
the provisions of, and amendments made by, this title in order to
ensure that such process is as easy and accessible as possible.
SEC. 807. EFFECTIVE DATE.
The amendments made by this title shall apply with respect to
disbursements made on or after January 1, 2027, and shall take effect
without regard to whether or not the Federal Election Commission has
promulgated regulations to carry out such amendments.
TITLE IX--BAN CORPORATE PACS ACT
SECTION 901. SHORT TITLE.
This title may be cited as the ``Ban Corporate PACs Act''.
SEC. 902. LIMITING AUTHORITY OF CORPORATIONS TO ESTABLISH OR OPERATE
SEPARATE SEGREGATED FUNDS FOR POLITICAL PURPOSES TO
NONPROFIT CORPORATIONS.
(a) Limitation.--
(1) In general.--Section 316(b)(2)(C) of the Federal
Election Campaign Act of 1971 (52 U.S.C. 30118(b)(2)(C)) is
amended by striking ``a corporation'' and inserting ``a
nonprofit corporation''.
(2) Definition.--Section 316(b) of such Act (52 U.S.C.
30118(b)) is amended by adding at the end the following new
paragraph:
``(8) For purposes of this section, the term `nonprofit
corporation' means a corporation described in section 501(c) of the
Internal Revenue Code of 1986 and exempt from taxation under section
501(a) of such Code, other than a corporation which is ineligible to be
exempt from taxation under section 501(a) of such Code if it
establishes a separate segregated fund under this subsection.''.
(b) Permitting Solicitation of Contributions Only From Executive
and Administrative Personnel.--Section 316(b) of such Act (52 U.S.C.
30118(b)) is amended--
(1) in paragraph (4)(A)(i), by striking ``its stockholders
and their families and'';
(2) in paragraph (4)(B)--
(A) by striking ``a corporation'' the first place
it appears and inserting ``a nonprofit corporation'';
(B) by striking ``any stockholder, executive or
administrative personnel,'' and inserting ``any
executive or administrative personnel''; and
(C) by striking ``stockholders, executive or
administrative personnel,'' and inserting ``executive
or administrative personnel'';
(3) in paragraph (4)(D)--
(A) by striking ``stockholders and'';
(B) by striking ``such stockholders or personnel''
and inserting ``such personnel''; and
(C) by striking ``such stockholders and personnel''
and inserting ``such personnel''; and
(4) in paragraph (5), by striking ``stockholders and''.
(c) Treatment of Government Contractors.--Section 317(b) of such
Act (52 U.S.C. 30119(b)) is amended--
(1) by striking ``any corporation'' and inserting ``any
nonprofit corporation''; and
(2) by striking ``a corporation'' and inserting ``a
nonprofit corporation''.
SEC. 903. EFFECTIVE DATE; TRANSITION FOR EXISTING FUNDS AND COMMITTEES.
(a) Effective Date.--The amendments made by this title shall take
effect on the date of the enactment of this Act.
(b) Transition for Existing Funds and Committees.--In the case of a
separate segregate fund established and operating under section
316(b)(2)(C) of the Federal Election Campaign Act of 1971 (52 U.S.C.
30118(b)(2)(C)) as of the date of the enactment of this Act which is
not a fund of a nonprofit corporation as defined in section 316(b)(8)
of such Act (as added by section 2(a)(2)), the fund shall terminate and
disburse its entire balance not later than 1 year after the date of the
enactment of this Act.
TITLE X--NONPARTISAN REDISTRICTING REFORM
SEC. 1001. SHORT TITLE.
This title may be cited as the ``Title V of the Freedom to Vote
Act''.
SEC. 1002. FINDING OF CONSTITUTIONAL AUTHORITY.
Congress finds that it has the authority to establish the terms and
conditions States must follow in carrying out congressional
redistricting after an apportionment of Members of the House of
Representatives because--
(1) the authority granted to Congress under article I,
section 4 of the Constitution of the United States gives
Congress the power to enact laws governing the time, place, and
manner of elections for Members of the House of
Representatives;
(2) the authority granted to Congress under section 5 of
the Fourteenth Amendment to the Constitution gives Congress the
power to enact laws to enforce section 2 of such amendment,
which requires Representatives to be apportioned among the
several States according to their number;
(3) the authority granted to Congress under section 5 of
the Fourteenth Amendment to the Constitution gives Congress the
power to enact laws to enforce section 1 of such amendment,
including protections against excessive partisan gerrymandering
that Federal courts have not enforced because they understand
such enforcement to be committed to Congress by the
Constitution;
(4) of the authority granted to Congress to enforce article
IV, section 4, of the Constitution, and the guarantee of a
Republican Form of Government to every State, which Federal
courts have not enforced because they understand such
enforcement to be committed to Congress by the Constitution;
(5) requiring States to use uniform redistricting criteria
is an appropriate and important exercise of such authority; and
(6) partisan gerrymandering dilutes citizens' votes because
partisan gerrymandering injures voters and political parties by
infringing on their First Amendment right to associate freely
and their Fourteenth Amendment right to equal protection of the
laws.
SEC. 1003. BAN ON MID-DECADE REDISTRICTING.
A State that has been redistricted in accordance with this title
may not be redistricted again until after the next apportionment of
Representatives under section 22(a) of the Act entitled ``An Act to
provide for the fifteenth and subsequent decennial censuses and to
provide for an apportionment of Representatives in Congress'', approved
June 18, 1929 (2 U.S.C. 2a), unless a court requires the State to
conduct such subsequent redistricting to comply with the Constitution
of the United States, the Voting Rights Act of 1965 (52 U.S.C. 10301 et
seq.), the terms or conditions of this title, or applicable State law.
SEC. 1004. CRITERIA FOR REDISTRICTING.
(a) Requiring Plans To Meet Criteria.--A State may not use a
congressional redistricting plan enacted following the notice of
apportionment transmitted to the President on April 26, 2021, or any
subsequent notice of apportionment, if such plan is not in compliance
with this section, without regard to whether or not the plan was
enacted by the State before, on, or after the effective date of this
title.
(b) Ranked Criteria.--Under the redistricting plan of a State,
there shall be established single-member congressional districts using
the following criteria as set forth in the following order of priority:
(1) Districts shall comply with the United States
Constitution, including the requirement that they substantially
equalize total population, without regard to age, citizenship
status, or immigration status.
(2) Districts shall comply with the Voting Rights Act of
1965 (52 U.S.C. 10301 et seq.), including by creating any
districts where, if based upon the totality of the
circumstances, 2 or more politically cohesive groups protected
by such Act are able to elect representatives of choice in
coalition with one another, and all applicable Federal laws.
(3)(A) Districts shall be drawn, to the extent that the
totality of the circumstances warrant, to ensure the practical
ability of a group protected under the Voting Rights Act of
1965 (52 U.S.C. 10301 et seq.) to participate in the political
process and to nominate candidates and to elect representatives
of choice is not diluted or diminished, regardless of whether
or not such protected group constitutes a majority of a
district's population, voting age population, or citizen voting
age population.
(B) For purposes of subparagraph (A), the assessment of
whether a protected group has the practical ability to nominate
candidates and to elect representatives of choice shall require
the consideration of the following factors:
(i) Whether the group is politically cohesive.
(ii) Whether there is racially polarized voting in
the relevant geographic region.
(iii) If there is racially polarized voting in the
relevant geographic region, whether the preferred
candidates of the group nevertheless receive a
sufficient amount of consistent crossover support from
other voters such that the group is a functional
majority with the ability to both nominate candidates
and elect representatives of choice.
(4)(A) Districts shall be drawn to represent communities of
interest and neighborhoods to the extent practicable after
compliance with the requirements of paragraphs (1) through (3).
A community of interest is defined as an area for which the
record before the entity responsible for developing and
adopting the redistricting plan demonstrates the existence of
broadly shared interests and representational needs, including
shared interests and representational needs rooted in common
ethnic, racial, economic, Indian, social, cultural, geographic,
or historic identities, or arising from similar socioeconomic
conditions. The term communities of interest may, if the record
warrants, include political subdivisions such as counties,
municipalities, Indian lands, or school districts, but shall
not include common relationships with political parties or
political candidates.
(B) For purposes of subparagraph (A), in considering the
needs of multiple, overlapping communities of interest, the
entity responsible for developing and adopting the
redistricting plan shall give greater weight to those
communities of interest whose representational needs would most
benefit from the community's inclusion in a single
congressional district.
(c) No Favoring or Disfavoring of Political Parties.--
(1) Prohibition.--A State may not use a redistricting plan
to conduct an election if the plan's congressional districts,
when considered cumulatively on a statewide basis, have been
drawn with the intent or have the effect of materially favoring
or disfavoring any political party.
(2) Determination of effect.--The determination of whether
a redistricting plan has the effect of materially favoring or
disfavoring a political party shall be based on an evaluation
of the totality of circumstances which, at a minimum, shall
involve consideration of each of the following factors:
(A) Computer modeling based on relevant statewide
general elections for Federal office held over the 8
years preceding the adoption of the redistricting plan
setting forth the probable electoral outcomes for the
plan under a range of reasonably foreseeable
conditions.
(B) An analysis of whether the redistricting plan
is statistically likely to result in partisan advantage
or disadvantage on a statewide basis, the degree of any
such advantage or disadvantage, and whether such
advantage or disadvantage is likely to be present under
a range of reasonably foreseeable electoral conditions.
(C) A comparison of the modeled electoral outcomes
for the redistricting plan to the modeled electoral
outcomes for alternative plans that demonstrably comply
with the requirements of paragraphs (1), (2), and (3)
of subsection (b) in order to determine whether
reasonable alternatives exist that would result in
materially lower levels of partisan advantage or
disadvantage on a statewide basis. For purposes of this
subparagraph, alternative plans considered may include
both actual plans proposed during the redistricting
process and other plans prepared for purposes of
comparison.
(D) Any other relevant information, including how
broad support for the redistricting plan was among
members of the entity responsible for developing and
adopting the plan and whether the processes leading to
the development and adoption of the plan were
transparent and equally open to all members of the
entity and to the public.
(3) Rebuttable presumption.--
(A) Trigger.--In any civil action brought under
section 1006 in which a party asserts a claim that a
State has enacted a redistricting plan which is in
violation of this subsection, a party may file a motion
not later than 30 days after the enactment of the plan
(or, in the case of a plan enacted before the effective
date of this Act, not later than 30 days after the
effective date of this Act) requesting that the court
determine whether a presumption of such a violation
exists. If such a motion is timely filed, the court
shall hold a hearing not later than 15 days after the
date the motion is filed to assess whether a
presumption of such a violation exists.
(B) Assessment.--To conduct the assessment required
under subparagraph (A), the court shall do the
following:
(i) Determine the number of congressional
districts under the plan that would have been
carried by each political party's candidates
for the office of President and the office of
Senator in the 2 most recent general elections
for the office of President and the 2 most
recent general elections for the office of
Senator (other than special general elections)
immediately preceding the enactment of the
plan, except that if a State conducts a primary
election for the office of Senator which is
open to candidates of all political parties,
the primary election shall be used instead of
the general election and the number of
districts carried by a party's candidates for
the office of Senator shall be determined on
the basis of the combined vote share of all
candidates in the election who are affiliated
with such party.
(ii) Determine, for each of the 4 elections
assessed under clause (i), whether the number
of districts that would have been carried by
any party's candidate as determined under
clause (i) results in partisan advantage or
disadvantage in excess of the applicable
threshold described in subparagraph (C). The
degree of partisan advantage or disadvantage
shall be determined by one or more standard
quantitative measures of partisan fairness
that--
(I) use a party's share of the
statewide vote to calculate a
corresponding benchmark share of seats;
and
(II) measure the amount by which
the share of seats the party's
candidate would have won in the
election involved exceeds the benchmark
share of seats.
(C) Applicable threshold described.--The applicable
threshold described in this subparagraph is, with
respect to a State and a number of seats, the greater
of--
(i) an amount equal to 7 percent of the
number of congressional districts in the State;
or
(ii) one congressional district.
(D) Description of quantitative measures;
prohibiting rounding.--In carrying out this
subsection--
(i) the standard quantitative measures of
partisan fairness used by the court may include
the simplified efficiency gap but may not
include strict proportionality; and
(ii) the court may not round any number.
(E) Presumption of violation.--A plan is presumed
to violate paragraph (1) if, on the basis of at least
one standard quantitative measure of partisan fairness,
it exceeds the applicable threshold described in
subparagraph (C) with respect to 2 or more of the 4
elections assessed under subparagraph (B).
(F) Stay of use of plan.--Notwithstanding any other
provision of this title, in any action under this
paragraph, the following rules shall apply:
(i) Upon filing of a motion under
subparagraph (A), a State's use of the plan
which is the subject of the motion shall be
automatically stayed pending resolution of such
motion.
(ii) If after considering the motion, the
court rules that the plan is presumed under
subparagraph (E) to violate paragraph (1), a
State may not use such plan until and unless
the court which is carrying out the
determination of the effect of the plan under
paragraph (2) determines that, notwithstanding
the presumptive violation, the plan does not
violate paragraph (1).
(G) No effect on other assessments.--The absence of
a presumption of a violation with respect to a
redistricting plan as determined under this paragraph
shall not affect the determination of the effect or
intent of the plan under this section.
(4) Determination of intent.--A court may rely on all
available evidence when determining whether a redistricting
plan was drawn with the intent to materially favor or disfavor
a political party, including evidence of the partisan effects
of a plan, the degree of support the plan received from members
of the entity responsible for developing and adopting the plan,
and whether the processes leading to development and adoption
of the plan were transparent and equally open to all members of
the entity and to the public.
(5) No violation based on certain criteria.--No
redistricting plan shall be found to be in violation of
paragraph (1) because of the proper application of the criteria
set forth in paragraphs (1), (2), or (3) of subsection (b),
unless one or more alternative plans could have complied with
such paragraphs without having the effect of materially
favoring or disfavoring a political party.
(d) Factors Prohibited From Consideration.--In developing the
redistricting plan for the State, the State may not take into
consideration any of the following factors, except as necessary to
comply with the criteria described in paragraphs (1) through (3) of
subsection (b), to achieve partisan fairness and comply with subsection
(b), and to enable the redistricting plan to be measured against the
external metrics described in section 1004(c):
(1) The residence of any Member of the House of
Representatives or candidate.
(2) The political party affiliation or voting history of
the population of a district.
(e) Additional Criteria.--A State may not rely upon criteria,
districting principles, or other policies of the State which are not
set forth in this section to justify non-compliance with the
requirements of this section.
(f) Applicability.--
(1) In general.--This section applies to any authority,
whether appointed, elected, judicial, or otherwise, responsible
for enacting the congressional redistricting plan of a State.
(2) Date of enactment.--This section applies to any
congressional redistricting plan enacted following the notice
of apportionment transmitted to the President on April 26,
2021, regardless of the date of enactment by the State of the
congressional redistricting plan.
(g) Severability of Criteria.--If any provision of this section, or
the application of any such provision to any person or circumstance, is
held to be unconstitutional, the remainder of this section, and the
application of such provision to any other person or circumstance,
shall not be affected by the holding.
SEC. 1005. DEVELOPMENT OF PLAN.
(a) Public Notice and Input.--
(1) Use of open and transparent process.--The entity
responsible for developing and adopting the congressional
redistricting plan of a State shall solicit and take into
consideration comments from the public throughout the process
of developing the plan, and shall carry out its duties in an
open and transparent manner which provides for the widest
public dissemination reasonably possible of its proposed and
final redistricting plans.
(2) Website.--
(A) Features.--The entity shall maintain a public
internet site which is not affiliated with or
maintained by the office of any elected official and
which includes the following features:
(i) All proposed redistricting plans and
the final redistricting plan, including the
accompanying written evaluation under
subsection (c).
(ii) All comments received from the public
submitted under paragraph (1).
(iii) Access in an easily usable format to
the demographic and other data used by the
entity to develop and analyze the proposed
redistricting plans, together with any reports
analyzing and evaluating such plans and access
to software that members of the public may use
to draw maps of proposed districts.
(iv) A method by which members of the
public may submit comments directly to the
entity.
(B) Searchable format.--The entity shall ensure
that all information posted and maintained on the site
under this paragraph, including information and
proposed maps submitted by the public, shall be
maintained in an easily searchable format.
(3) Multiple language requirements for all notices.--The
entity responsible for developing and adopting the plan shall
make each notice which is required to be posted and published
under this section available in any language in which the State
(or any jurisdiction in the State) is required to provide
election materials under section 203 of the Voting Rights Act
of 1965 (52 U.S.C. 10503).
(b) Development of Plan.--
(1) Hearings.--The entity responsible for developing and
adopting the congressional redistricting plan shall hold
hearings both before and after releasing proposed plans in
order to solicit public input on the content of such plans.
These hearings shall--
(A) be held in different regions of the State and
streamed live on the public internet site maintained
under subsection (a)(2); and
(B) be sufficient in number, scheduled at times and
places, and noticed and conducted in a manner to ensure
that all members of the public, including members of
racial, ethnic, and language minorities protected under
the Voting Rights Act of 1965, have a meaningful
opportunity to attend and provide input both before and
after the entity releases proposed plans.
(2) Posting of maps.--The entity responsible for developing
and adopting the congressional redistricting plan shall make
proposed plans, amendments to proposed plans, and the data
needed to analyze such plans for compliance with the criteria
of this title available for public review, including on the
public internet site required under subsection (a)(2), for a
period of not less than 5 days before any vote or hearing is
held on any such plan or any amendment to such a plan.
(c) Release of Written Evaluation of Plan Against External Metrics
Required Prior to Vote.--The entity responsible for developing and
adopting the congressional redistricting plan for a State may not hold
a vote on a proposed redistricting plan, including a vote in a
committee, unless at least 48 hours prior to holding the vote the State
has released a written evaluation that measures each such plan against
external metrics which cover the criteria set forth in section 1003(b),
including the impact of the plan on the ability of members of a class
of citizens protected by the Voting Rights Act of 1965 (52 U.S.C. 10301
et seq.) to elect candidates of choice, the degree to which the plan
preserves or divides communities of interest, and any analysis used by
the State to assess compliance with the requirements of section 1003(b)
and (c).
(d) Public Input and Comments.--The entity responsible for
developing and adopting the congressional redistricting plan for a
State shall make all public comments received about potential plans,
including alternative plans, available to the public on the internet
site required under subsection (a)(2), at no cost, not later than 24
hours prior to holding a vote on final adoption of a plan.
SEC. 1006. FAILURE BY STATE TO ENACT PLAN.
(a) Deadline for Enactment of Plan.--
(1) In general.--Except as provided in paragraph (2), each
State shall enact a final congressional redistricting plan
following transmission of a notice of apportionment to the
President by the earliest of--
(A) the deadline set forth in State law, including
any extension to the deadline provided in accordance
with State law;
(B) February 15 of the year in which regularly
scheduled general elections for Federal office are held
in the State; or
(C) 90 days before the date of the next regularly
scheduled primary election for Federal office held in
the State.
(2) Special rule for plans enacted prior to effective date
of title.--If a State enacted a final congressional
redistricting plan prior to the effective date of this title
and the plan is not in compliance with the requirements of this
title, the State shall enact a final redistricting plan which
is in compliance with the requirements of this title not later
than 45 days after the effective date of this title.
(b) Development of Plan by Court in Case of Missed Deadline.--If a
State has not enacted a final congressional redistricting plan by the
applicable deadline under subsection (a), or it appears reasonably
likely that a State will fail to enact a final congressional
redistricting plan by such deadline--
(1) any citizen of the State may file an action in the
United States district court for the applicable venue asking
the district court to assume jurisdiction;
(2) the United States district court for the applicable
venue, acting through a 3-judge court convened pursuant to
section 2284 of title 28, United States Code, shall have the
exclusive authority to develop and publish the congressional
redistricting plan for the State; and
(3) the final congressional redistricting plan developed
and published by the court under this section shall be deemed
to be enacted on the date on which the court publishes the
final congressional redistricting plan, as described in
subsection (e).
(c) Applicable Venue.--For purposes of this section, the
``applicable venue'' with respect to a State is the District of
Columbia or the judicial district in which the capital of the State is
located, as selected by the first party to file with the court
sufficient evidence that a State has failed to, or is reasonably likely
to fail to, enact a final redistricting plan for the State prior to the
expiration of the applicable deadline set forth in subsection (a).
(d) Procedures for Development of Plan.--
(1) Criteria.--In developing a redistricting plan for a
State under this section, the court shall adhere to the same
terms and conditions that applied (or that would have applied,
as the case may be) to the development of a plan by the State
under section 1003.
(2) Access to information and records.--The court shall
have access to any information, data, software, or other
records and material that was used (or that would have been
used, as the case may be) by the State in carrying out its
duties under this title.
(3) Hearing; public participation.--In developing a
redistricting plan for a State, the court shall--
(A) hold one or more evidentiary hearings at which
interested members of the public may appear and be
heard and present testimony, including expert
testimony, in accordance with the rules of the court;
and
(B) consider other submissions and comments by the
public, including proposals for redistricting plans to
cover the entire State or any portion of the State.
(4) Use of special master.--To assist in the development
and publication of a redistricting plan for a State under this
section, the court may appoint a special master to make
recommendations to the court on possible plans for the State.
(e) Publication of Plan.--
(1) Public availability of initial plan.--Upon completing
the development of one or more initial redistricting plans, the
court shall make the plans available to the public at no cost,
and shall also make available the underlying data used to
develop the plans and a written evaluation of the plans against
external metrics (as described in section 1004(c)).
(2) Publication of final plan.--At any time after the
expiration of the 14-day period which begins on the date the
court makes the plans available to the public under paragraph
(1), and taking into consideration any submissions and comments
by the public which are received during such period, the court
shall develop and publish the final redistricting plan for the
State.
(f) Use of Interim Plan.--In the event that the court is not able
to develop and publish a final redistricting plan for the State with
sufficient time for an upcoming election to proceed, the court may
develop and publish an interim redistricting plan which shall serve as
the redistricting plan for the State until the court develops and
publishes a final plan in accordance with this section. Nothing in this
subsection may be construed to limit or otherwise affect the authority
or discretion of the court to develop and publish the final
redistricting plan, including the discretion to make any changes the
court deems necessary to an interim redistricting plan.
(g) Appeals.--Review on appeal of any final or interim plan adopted
by the court in accordance with this section shall be governed by the
appellate process in section 1006.
(h) Stay of State Proceedings.--The filing of an action under this
section shall act as a stay of any proceedings in State court with
respect to the State's congressional redistricting plan unless
otherwise ordered by the court.
SEC. 1007. CIVIL ENFORCEMENT.
(a) Civil Enforcement.--
(1) Actions by attorney general.--The Attorney General may
bring a civil action for such relief as may be appropriate to
carry out this title.
(2) Availability of private right of action.--
(A) In general.--Any person residing or domiciled
in a State who is aggrieved by the failure of the State
to meet the requirements of the Constitution or Federal
law, including this title, with respect to the State's
congressional redistricting, may bring a civil action
in the United States district court for the applicable
venue for such relief as may be appropriate to remedy
the failure.
(B) Special rule for claims relating to partisan
advantage.--For purposes of subparagraph (A), a person
who is aggrieved by the failure of a State to meet the
requirements of section 1003(c) may include--
(i) any political party or committee in the
State; and
(ii) any registered voter in the State who
resides in a congressional district that the
voter alleges was drawn in a manner that
contributes to a violation of such section.
(C) No awarding of damages to prevailing party.--
Except for an award of attorney's fees under subsection
(d), a court in a civil action under this section shall
not award the prevailing party any monetary damages,
compensatory, punitive, or otherwise.
(3) Delivery of complaint to house and senate.--In any
action brought under this section, a copy of the complaint
shall be delivered promptly to the Clerk of the House of
Representatives and the Secretary of the Senate.
(4) Exclusive jurisdiction and applicable venue.--The
district courts of the United States shall have exclusive
jurisdiction to hear and determine claims asserting that a
congressional redistricting plan violates the requirements of
the Constitution or Federal law, including this title. The
applicable venue for such an action shall be the United States
District Court for the District of Columbia or for the judicial
district in which the capital of the State is located, as
selected by the person bringing the action. In a civil action
that includes a claim that a redistricting plan is in violation
of subsection (b) or (c) of section 1003, the United States
District Court for the District of Columbia shall have
jurisdiction over any defendant who has been served in any
United States judicial district in which the defendant resides,
is found, or has an agent, or in the United States judicial
district in which the capital of the State is located. Process
may be served in any United States judicial district where a
defendant resides, is found, or has an agent, or in the United
States judicial district in which the capital of the State is
located.
(5) Use of 3-judge court.--If an action under this section
raises statewide claims under the Constitution or this title,
the action shall be heard by a 3-judge court convened pursuant
to section 2284 of title 28, United States Code.
(6) Review of final decision.--A final decision in an
action brought under this section shall be reviewable on appeal
by the United States Court of Appeals for the District of
Columbia Circuit, which shall hear the matter sitting en banc.
There shall be no right of appeal in such proceedings to any
other court of appeals. Such appeal shall be taken by the
filing of a notice of appeal within 10 days of the entry of the
final decision. A final decision by the Court of Appeals may be
reviewed by the Supreme Court of the United States by writ of
certiorari.
(b) Expedited Consideration.--In any action brought under this
section, it shall be the duty of the district court, the United States
Court of Appeals for the District of Columbia Circuit, and the Supreme
Court of the United States (if it chooses to hear the action) to
advance on the docket and to expedite to the greatest possible extent
the disposition of the action and appeal.
(c) Remedies.--
(1) Adoption of replacement plan.--
(A) In general.--If the district court in an action
under this section finds that the congressional
redistricting plan of a State violates, in whole or in
part, the requirements of this title--
(i) the court shall adopt a replacement
congressional redistricting plan for the State
in accordance with the process set forth in
section 1005; or
(ii) if circumstances warrant and no delay
to an upcoming regularly scheduled election for
the House of Representatives in the State would
result, the district court, in its discretion,
may allow a State to develop and propose a
remedial congressional redistricting plan for
review by the court to determine whether the
plan is in compliance with this title, except
that--
(I) the State may not develop and
propose a remedial plan under this
clause if the court determines that the
congressional redistricting plan of the
State was enacted with discriminatory
intent in violation of the Constitution
or section 1003(b); and
(II) nothing in this clause may be
construed to permit a State to use such
a remedial plan which has not been
approved by the court.
(B) Prohibiting use of plans in violation of
requirements.--No court shall order a State to use a
congressional redistricting plan which violates, in
whole or in part, the requirements of this title, or to
conduct an election under terms and conditions which
violate, in whole or in part, the requirements of this
title.
(C) Special rule in case final adjudication not
expected within 3 months of election.--
(i) Duty of court.--If final adjudication
of an action under this section is not
reasonably expected to be completed at least 3
months prior to the next regularly scheduled
primary election for the House of
Representatives in the State, the district
court shall--
(I) develop, adopt, and order the
use of an interim congressional
redistricting plan in accordance with
section 1005(f) to address any claims
under this title for which a party
seeking relief has demonstrated a
substantial likelihood of success; or
(II) order adjustments to the
timing of primary elections for the
House of Representatives and other
related deadlines, as needed, to allow
sufficient opportunity for adjudication
of the matter and adoption of a
remedial or replacement plan for use in
the next regularly scheduled general
elections for the House of
Representatives.
(ii) Prohibiting failure to act on grounds
of pendency of election.--The court may not
refuse to take any action described in clause
(i) on the grounds of the pendency of the next
election held in the State or the potential for
disruption, confusion, or additional burdens
with respect to the administration of the
election in the State.
(2) No stay pending appeal.--Notwithstanding the appeal of
an order finding that a congressional redistricting plan of a
State violates, in whole or in part, the requirements of this
title, no stay shall issue which shall bar the development or
adoption of a replacement or remedial plan under this
subsection, as may be directed by the district court, pending
such appeal. If such a replacement or remedial plan has been
adopted, no appellate court may stay or otherwise enjoin the
use of such plan during the pendency of an appeal, except upon
an order holding, based on the record, that adoption of such
plan was an abuse of discretion.
(3) Special authority of court of appeals.--
(A) Ordering of new remedial plan.--If, upon
consideration of an appeal under this title, the Court
of Appeals determines that a plan does not comply with
the requirements of this title, it shall direct that
the District Court promptly develop a new remedial plan
with assistance of a special master for consideration
by the Court of Appeals.
(B) Failure of district court to take timely
action.--If, at any point during the pendency of an
action under this section, the District Court fails to
take action necessary to permit resolution of the case
prior to the next regularly scheduled election for the
House of Representatives in the State or fails to grant
the relief described in paragraph (1)(C), any party may
seek a writ of mandamus from the Court of Appeals for
the District of Columbia Circuit. The Court of Appeals
shall have jurisdiction over the motion for a writ of
mandamus and shall establish an expedited briefing and
hearing schedule for resolution of the motion. If the
Court of Appeals determines that a writ should be
granted, the Court of Appeals shall take any action
necessary, including developing a congressional
redistricting plan with assistance of a special master
to ensure that a remedial plan is adopted in time for
use in the next regularly scheduled election for the
House of Representatives in the State.
(4) Effect of enactment of replacement plan.--A State's
enactment of a redistricting plan which replaces a plan which
is the subject of an action under this section shall not be
construed to limit or otherwise affect the authority of the
court to adjudicate or grant relief with respect to any claims
or issues not addressed by the replacement plan, including
claims that the plan which is the subject of the action was
enacted, in whole or in part, with discriminatory intent, or
claims to consider whether relief should be granted under
section 3(c) of the Voting Rights Act of 1965 (52 U.S.C.
10302(c)) based on the plan which is the subject of the action.
(d) Attorney's Fees.--In a civil action under this section, the
court may allow the prevailing party (other than the United States)
reasonable attorney fees, including litigation expenses, and costs.
(e) Relation to Other Laws.--
(1) Rights and remedies additional to other rights and
remedies.--The rights and remedies established by this section
are in addition to all other rights and remedies provided by
law, and neither the rights and remedies established by this
section nor any other provision of this title shall supersede,
restrict, or limit the application of the Voting Rights Act of
1965 (52 U.S.C. 10301 et seq.).
(2) Voting rights act of 1965.--Nothing in this title
authorizes or requires conduct that is prohibited by the Voting
Rights Act of 1965 (52 U.S.C. 10301 et seq.).
(f) Legislative Privilege.--No person, legislature, or State may
claim legislative privilege under either State or Federal law in a
civil action brought under this section or in any other legal
challenge, under either State or Federal law, to a redistricting plan
enacted under this title.
(g) Removal.--
(1) In general.--At any time, a civil action brought in a
State court which asserts a claim for which the district courts
of the United States have exclusive jurisdiction under this
title may be removed by any party in the case, including an
intervenor, by filing, in the district court for an applicable
venue under this section, a notice of removal signed pursuant
to Rule 11 of the Federal Rules of Civil Procedure containing a
short and plain statement of the grounds for removal. Consent
of parties shall not be required for removal.
(2) Claims not within the original or supplemental
jurisdiction.--If a civil action removed in accordance with
paragraph (1) contains claims not within the original or
supplemental jurisdiction of the district court, the district
court shall sever all such claims and remand them to the State
court from which the action was removed.
SEC. 1008. NO EFFECT ON ELECTIONS FOR STATE AND LOCAL OFFICE.
Nothing in this title or in any amendment made by this title may be
construed to affect the manner in which a State carries out elections
for State or local office, including the process by which a State
establishes the districts used in such elections.
SEC. 1009. EFFECTIVE DATE.
(a) In General.--This title and the amendments made by this title
shall apply on the date of enactment of this title.
(b) Application to Congressional Redistricting Plans Resulting From
2020 Decennial Census.--Notwithstanding subsection (a), this title and
the amendments made by this title, other than section 1004, shall apply
with respect to each congressional redistricting plan enacted pursuant
to the notice of apportionment transmitted to the President on April
26, 2021, without regard to whether or not a State enacted such a plan
prior to the date of the enactment of this Act.
TITLE XI--JOHN R. LEWIS VOTING RIGHTS ADVANCEMENT ACT
SECTION 1101. SHORT TITLE.
This title may be cited as the ``John R. Lewis Voting Rights
Advancement Act of 2025''.
SEC. 1102. VOTE DILUTION, DENIAL, AND ABRIDGMENT CLAIMS.
(a) In General.--Section 2(a) of the Voting Rights Act of 1965 (52
U.S.C. 10301(a)) is amended--
(1) by inserting after ``applied by any State or political
subdivision'' the following: ``for the purpose of, or''; and
(2) by striking ``as provided in subsection (b)'' and
inserting ``as provided in subsection (b), (c), (d), or (f)''.
(b) Vote Dilution.--Section 2(b) of such Act (52 U.S.C. 10301(b))
is amended--
(1) by inserting after ``A violation of subsection (a)''
the following: ``for vote dilution'';
(2) by inserting after the period at the end the following:
``For the purposes of this subsection:'';
(3) by adding at the end the following new paragraphs:
``(1) To prevail in demonstrating that a representational,
districting, or apportionment scheme results in vote dilution,
a plaintiff shall, as a threshold matter, establish that--
``(A) the members of the protected class are
sufficiently numerous and geographically compact to
constitute a majority in a single-member district;
``(B) the members of the protected class are
politically cohesive; and
``(C) the residents of that district who are not
the members of the protected class usually vote
sufficiently as a bloc to enable them to defeat the
preferred candidates of the members of the protected
class.
``(2) Upon a plaintiff establishing the required threshold
showing under paragraph (1), a court shall conduct a totality
of the circumstances analysis with respect to a claim of vote
dilution to determine whether there was a violation of
subsection (a), which shall include the following factors:
``(A) The extent of any history of official voting
discrimination in the State or political subdivision
that affected the right of members of the protected
class to register, to vote, or otherwise to participate
in the political process.
``(B) The extent to which voting in the elections
of the State or political subdivision is racially
polarized.
``(C) The extent to which the State or political
subdivision has used voting practices or procedures
that tend to enhance the opportunity for discrimination
against the members of the protected class, such as
unusually large election districts, majority vote
requirements, anti-single shot provisions, or other
qualifications, prerequisites, standards, practices, or
procedures that may enhance the opportunity for
discrimination against the members of the protected
class.
``(D) If there is a candidate slating process,
whether the members of the protected class have been
denied access to that process.
``(E) The extent to which members of the protected
class in the State or political subdivision bear the
effects of discrimination, both public or private, in
such areas as education, employment, health, housing,
and transportation, which hinder their ability to
participate effectively in the political process.
``(F) Whether political campaigns have been
characterized by overt or subtle racial appeals.
``(G) The extent to which members of the protected
class have been elected to public office in the
jurisdiction.
``(3) In conducting a totality of the circumstances
analysis under paragraph (2), a court may consider such other
factors as the court may determine to be relevant, including--
``(A) whether there is a significant lack of
responsiveness on the part of elected officials to the
particularized needs of the members of the protected
class, including a lack of concern for or
responsiveness to the requests and proposals of the
members of the protected class, except that compliance
with a court order may not be considered evidence of
responsiveness on the part of the jurisdiction; and
``(B) whether the policy underlying the State or
political subdivision's use of such voting
qualification, prerequisite to voting, or standard,
practice or procedure is tenuous.
In making this determination, a court shall consider whether
the qualification, prerequisite, standard, practice, or
procedure in question was designed to advance and materially
advances a valid and substantiated State interest.
``(4) A class of citizens protected by subsection (a) may
include a cohesive coalition of members of different racial or
language minority groups.''; and
(4) Vote denial or abridgement.--Section 2 of such Act (52
U.S.C. 10301), as amended by subsections (a) and (b), is
further amended by adding at the end the following:
``(c)(1) A violation of subsection (a) resulting in vote denial or
abridgment is established if the challenged qualification,
prerequisite, standard, practice, or procedure--
``(A) results or will result in members of a protected
class facing greater costs or burdens in participating in the
political process than other voters; and
``(B) the greater costs or burdens are, at least in part,
caused by or linked to social and historical conditions that
have produced or produce on the date of such challenge
discrimination against members of the protected class.
In determining the existence of a burden for purposes of
subparagraph (A), the absolute number or the percent of voters
affected or the presence of voters who are not members of a
protected class in the affected area shall not be dispositive,
and the affected area may be smaller than the jurisdiction to
which the qualification, prerequisite, standard, practice, or
procedure applies.
``(2) The challenged qualification, prerequisite, standard,
practice, or procedure need only be a but-for cause of the
discriminatory result described in paragraph (1) or perpetuate pre-
existing burdens or costs.
``(3)(A) The factors that are relevant to a totality of the
circumstances analysis with respect to a claim of vote denial or
abridgement pursuant to this subsection include the following:
``(i) The extent of any history of official voting-related
discrimination in the State or political subdivision that
affected the right of members of the protected class to
register, to vote, or otherwise to participate in the political
process.
``(ii) The extent to which voting in the elections of the
State or political subdivision is racially polarized.
``(iii) The extent to which the State or political
subdivision has used photographic voter identification
requirements, documentary proof of citizenship requirements,
documentary proof of residence requirements, or other voting
practices or procedures, beyond those required by Federal law,
that impair the ability of members of the minority group to
participate fully in the political process.
``(iv) The extent to which minority group members bear the
effects of discrimination, both public or private, in areas
such as education, employment, health, housing, and
transportation, which hinder their ability to participate
effectively in the political process.
``(v) The use of overt or subtle racial appeals either in
political campaigns or surrounding adoption or maintenance of
the challenged practice.
``(vi) The extent to which members of the minority group
have been elected to public office in the jurisdiction,
provided that the fact that the minority group is too small to
elect candidates of its choice shall not defeat a claim of vote
denial or abridgment.
``(vii) Whether there is a lack of responsiveness on the
part of elected officials to the particularized needs of
minority group members, including a lack of concern for or
responsiveness to the requests and proposals of the group,
except that compliance with a court order may not be considered
evidence of responsiveness on the part of the jurisdiction.
``(viii) Whether the policy underlying the State or
political subdivision's use of the challenged qualification,
prerequisite, standard, practice, or procedure is tenuous. In
making a determination under this clause, a court shall
consider whether the qualification, prerequisite, standard,
practice, or procedure in question was designed to advance and
materially advances a valid and substantiated State interest.
``(ix) Subject to paragraph (4), such other factors as the
court may determine to be relevant.
``(B) The factors described in subparagraph (A), individually and
collectively, shall be considered as a means of establishing that a
voting practice amplifies the effects of past or present discrimination
in violation in subsection (a).
``(C) A plaintiff need not show any particular combination or
number of factors to establish a violation of subsection (a).
``(4) The factors that are relevant to a totality of the
circumstances analysis with respect to a claim of vote denial or
abridgement do not include the following:
``(A) The degree to which the challenged qualification,
prerequisite, standard, practice, or procedure has a long
pedigree or was in widespread use at some earlier date.
``(B) The use of an identical or similar qualification,
prerequisite, standard, practice, or procedure in other States
or jurisdictions.
``(C) The availability of other forms of voting unimpacted
by the challenged qualification, prerequisite, standard,
practice, or procedure to all members of the electorate,
including members of the protected class, unless the
jurisdiction is simultaneously expanding such other practices
to eliminate any disproportionate burden imposed by the
challenged qualification, prerequisite, standard, practice, or
procedure.
``(D) Unsubstantiated defenses that the qualification,
prerequisite, standard, practice, or procedure is necessary to
address criminal activity.
``(d)(1) A violation of subsection (a) for the purpose of vote
denial or abridgement is established if the challenged qualification,
prerequisite, standard, practice, or procedure is intended, at least in
part, to dilute minority voting strength or to deny or abridge the
right of any citizen of the United States to vote on account of race,
color, or in contravention of the guarantees set forth in section
4(f)(2).
``(2) Discrimination on account of race, color, or in contravention
of the guarantees set forth in section 4(f)(2) need only be one purpose
of a qualification, prerequisite, standard, practice, or procedure to
demonstrate a violation of subsection (a).
``(3) A qualification, prerequisite, standard, practice, or
procedure intended to dilute minority voting strength or to make it
more difficult for minority voters to cast a ballot that will be
counted violates this subsection even if an additional purpose of the
qualification, prerequisite, standard, practice, or procedure is to
benefit a particular political party or group.
``(4) The context for the adoption of the challenged qualification,
prerequisite, standard, practice, or procedure, including actions by
official decisionmakers before the challenged qualification,
prerequisite, standard, practice, or procedure, may be relevant to a
violation of this subsection.
``(5) Claims under this subsection require proof of a
discriminatory impact but do not require proof of a violation pursuant
to subsection (b) or (c).
``(e) For purposes of this section, the term `affected area' means
any geographic area, in which members of a protected class are affected
by a qualification, prerequisite, standard, practice, or procedure
allegedly in violation of this section, within a State (including any
Indian lands).''.
SEC. 1103. RETROGRESSION.
Section 2 of the Voting Rights Act of 1965 (52 U.S.C. 10301 et
seq.), as amended by section 1102 of this subtitle, is further amended
by adding at the end the following:
``(f) A violation of subsection (a) is established when a State or
political subdivision enacts or seeks to administer any qualification
or prerequisite to voting or standard, practice, or procedure with
respect to voting in any election that has the purpose of or will have
the effect of diminishing the ability of any citizens of the United
States on account of race or color, or in contravention of the
guarantees set forth in section 4(f)(2), to participate in the
electoral process or elect their preferred candidates of choice. This
subsection applies to any action taken on or after January 1, 2021, by
a State or political subdivision to enact or seek to administer any
such qualification or prerequisite to voting or standard, practice or
procedure.
``(g) Notwithstanding the provisions of subsection (f), final
decisions of the United States District Court of the District of
Columbia on applications or petitions by States or political
subdivisions for preclearance under section 5 of any changes in voting
prerequisites, standards, practices, or procedures, supersede the
provisions of subsection (f).''.
SEC. 1104. VIOLATIONS TRIGGERING AUTHORITY OF COURT TO RETAIN
JURISDICTION.
(a) Types of Violations.--Section 3(c) of the Voting Rights Act of
1965 (52 U.S.C. 10302(c)) is amended by striking ``violations of the
fourteenth or fifteenth amendment'' and inserting ``violations of the
14th or 15th Amendment, violations of this Act, or violations of any
Federal law that prohibits discrimination in voting on the basis of
race, color, or membership in a language minority group,''.
(b) Conforming Amendment.--Section 3(a) of such Act (52 U.S.C.
10302(a)) is amended by striking ``violations of the fourteenth or
fifteenth amendment'' and inserting ``violations of the 14th or 15th
Amendment, violations of this Act, or violations of any Federal law
that prohibits discrimination in voting on the basis of race, color, or
membership in a language minority group,''.
SEC. 1105. CRITERIA FOR COVERAGE OF STATES AND POLITICAL SUBDIVISIONS.
(a) Determination of States and Political Subdivisions Subject to
Section 4(a).--
(1) In general.--Section 4(b) of the Voting Rights Act of
1965 (52 U.S.C. 10303(b)) is amended to read as follows:
``(b) Determination of States and Political Subdivisions Subject to
Requirements.--
``(1) Existence of voting rights violations during previous
25 years.--
``(A) Statewide application.--Subsection (a)
applies with respect to a State and all political
subdivisions within the State during a calendar year
if--
``(i) fifteen or more voting rights
violations occurred in the State during the
previous 25 calendar years;
``(ii) ten or more voting rights violations
occurred in the State during the previous 25
calendar years, at least one of which was
committed by the State itself (as opposed to a
political subdivision within the State); or
``(iii) three or more voting rights
violations occurred in the State during the
previous 25 calendar years and the State itself
administers the elections in the State or
political subdivisions in which the voting
rights violations occurred.
``(B) Application to specific political
subdivisions.--Subsection (a) applies with respect to a
political subdivision as a separate unit during a
calendar year if three or more voting rights violations
occurred in the subdivision during the previous 25
calendar years.
``(2) Period of application.--
``(A) In general.--Except as provided in
subparagraph (B), if, pursuant to paragraph (1),
subsection (a) applies with respect to a State or
political subdivision during a calendar year,
subsection (a) shall apply with respect to such State
or political subdivision for the period--
``(i) that begins on January 1 of the year
in which subsection (a) applies; and
``(ii) that ends on the date which is 10
years after the date described in clause (i).
``(B) No further application after declaratory
judgment.--
``(i) States.--If a State obtains a
declaratory judgment under subsection (a), and
the judgment remains in effect, subsection (a)
shall no longer apply to such State pursuant to
paragraph (1)(A) unless, after the issuance of
the declaratory judgment, paragraph (1)(A)
applies to the State solely on the basis of
voting rights violations occurring after the
issuance of the declaratory judgment.
``(ii) Political subdivisions.--If a
political subdivision obtains a declaratory
judgment under subsection (a), and the judgment
remains in effect, subsection (a) shall no
longer apply to such political subdivision
pursuant to paragraph (1), including pursuant
to paragraph (1)(A) (relating to the statewide
application of subsection (a)), unless, after
the issuance of the declaratory judgment,
paragraph (1)(B) applies to the political
subdivision solely on the basis of voting
rights violations occurring after the issuance
of the declaratory judgment.
``(3) Determination of voting rights violation.--For
purposes of paragraph (1), a voting rights violation occurred
in a State or political subdivision if any of the following
applies:
``(A) Judicial relief; violation of the 14th or
15th amendment.--Any final judgment, or any
preliminary, temporary, or declaratory relief (that was
not reversed on appeal), in which the plaintiff
prevailed or a court of the United States found that
the plaintiff demonstrated a likelihood of success on
the merits or raised a serious question with regard to
race discrimination, in which any court of the United
States determined that a denial or abridgement of the
right of any citizen of the United States to vote on
account of race, color, or membership in a language
minority group occurred, or that a voting qualification
or prerequisite to voting or standard, practice, or
procedure with respect to voting created an undue
burden on the right to vote in connection with a claim
that the law unduly burdened voters of a particular
race, color, or language minority group, in violation
of the 14th or 15th Amendment, anywhere within the
State or subdivision.
``(B) Judicial relief; violations of this act.--Any
final judgment, or any preliminary, temporary, or
declaratory relief (that was not reversed on appeal) in
which the plaintiff prevailed or a court of the United
States found that the plaintiff demonstrated a
likelihood of success on the merits or raised a serious
question with regard to race discrimination, in which
any court of the United States determined that a voting
qualification or prerequisite to voting or standard,
practice, or procedure with respect to voting was
imposed or applied or would have been imposed or
applied anywhere within the State or subdivision in a
manner that resulted or would have resulted in a denial
or abridgement of the right of any citizen of the
United States to vote on account of race, color, or
membership in a language minority group, in violation
of subsection 4(e) or 4(f) or section 2, 201, or 203 of
this Act.
``(C) Final judgment; denial of declaratory
judgment.--In a final judgment (that was not been
reversed on appeal), any court of the United States has
denied the request of the State or subdivision for a
declaratory judgment under section 3(c) or section 5,
and thereby prevented a voting qualification or
prerequisite to voting or standard, practice, or
procedure with respect to voting from being enforced
anywhere within the State or subdivision.
``(D) Objection by the attorney general.--The
Attorney General has interposed an objection under
section 3(c) or section 5, and thereby prevented a
voting qualification or prerequisite to voting or
standard, practice, or procedure with respect to voting
from being enforced anywhere within the State or
subdivision. A violation per this subsection has not
occurred where an objection has been withdrawn by the
Attorney General, unless the withdrawal was in response
to a change in the law or practice that served as the
basis of the objection. A violation under this
subsection has not occurred where the objection is
based solely on a State or political subdivision's
failure to comply with a procedural process that would
not otherwise constitute an independent violation of
this Act.
``(E) Consent decree, settlement, or other
agreement.--A consent decree, settlement, or other
agreement was adopted or entered by a court of the
United States or contained an admission of liability by
the defendants, which resulted in the alteration or
abandonment of a voting practice anywhere in the
territory of such State or subdivision that was
challenged on the ground that the practice denied or
abridged the right of any citizen of the United States
to vote on account of race, color, or membership in a
language minority group in violation of subsection 4(e)
or 4(f) or section 2, 201, or 203 of this Act, or the
14th or 15th Amendment. An extension or modification of
an agreement as defined by this subsection that has
been in place for ten years or longer shall count as an
independent violation. If a court of the United States
finds that an agreement itself as defined by this
subsection denied or abridged the right of any citizen
of the United States to vote on account of race, color,
or membership in a language minority group, violated
subsection 4(e) or 4(f) or section 2, 201, or 203 of
this Act, or created an undue burden on the right to
vote in connection with a claim that the consent
decree, settlement, or other agreement unduly burdened
voters of a particular race, color, or language
minority group, that finding shall count as an
independent violation.
``(F) Multiple violations.--Each voting
qualification or prerequisite to voting or standard,
practice, or procedure with respect to voting,
including each redistricting plan, found to be a
violation by a court of the United States pursuant to
subsection (a) or (b), or prevented from enforcement
pursuant to subsection (c) or (d), or altered or
abandoned pursuant to subsection (e) shall count as an
independent violation. Within a redistricting plan,
each violation found to discriminate against any group
of voters based on race, color, or language minority
group shall count as an independent violation.
``(4) Timing of determinations.--
``(A) Determinations of voting rights violations.--
As early as practicable during each calendar year, the
Attorney General shall make the determinations required
by this subsection, including updating the list of
voting rights violations occurring in each State and
political subdivision for the previous calendar year.
``(B) Effective upon publication in federal
register.--A determination or certification of the
Attorney General under this section or under section 8
or 13 shall be effective upon publication in the
Federal Register.''.
(2) Conforming amendments.--Section 4(a) of such Act (52
U.S.C. 10303(a)) is amended--
(A) in paragraph (1), in the first sentence of the
matter preceding subparagraph (A), by striking ``any
State with respect to which'' and all that follows
through ``unless'' and inserting ``any State to which
this subsection applies during a calendar year pursuant
to determinations made under subsection (b), or in any
political subdivision of such State (as such
subdivision existed on the date such determinations
were made with respect to such State), though such
determinations were not made with respect to such
subdivision as a separate unit, or in any political
subdivision with respect to which this subsection
applies during a calendar year pursuant to
determinations made with respect to such subdivision as
a separate unit under subsection (b), unless'';
(B) in paragraph (1) in the matter preceding
subparagraph (A), by striking the second sentence;
(C) in paragraph (1)(A), by striking ``(in the case
of a State or subdivision seeking a declaratory
judgment under the second sentence of this
subsection)'';
(D) in paragraph (1)(B), by striking ``(in the case
of a State or subdivision seeking a declaratory
judgment under the second sentence of this
subsection)'';
(E) in paragraph (3), by striking ``(in the case of
a State or subdivision seeking a declaratory judgment
under the second sentence of this subsection)'';
(F) in paragraph (5), by striking ``(in the case of
a State or subdivision which sought a declaratory
judgment under the second sentence of this
subsection)'';
(G) by striking paragraphs (7) and (8); and
(H) by redesignating paragraph (9) as paragraph
(7).
(b) Clarification of Treatment of Members of Language Minority
Groups.--Section 4(a)(1) of such Act (52 U.S.C. 10303(a)(1)) is amended
by striking ``race or color,'' and inserting ``race, color, or in
contravention of the guarantees of subsection (f)(2),''.
(c) Administrative Bailout.--
(1) In general.--Section 4 of the Voting Rights Act of 1965
(52 U.S.C. 10303) is amended by adding at the end the
following:
``(g) Administrative Bailout.--
``(1) Determination of eligibility.--
``(A) In general.--After making a determination
under subsection (b)(1)(A) that the provisions of
subsection (a) apply with respect to a State and all
political subdivisions within the State, the Attorney
General shall determine if any political subdivision of
the State is eligible for an exemption under this
subsection, and shall publish, in the Federal Register,
a list of all such political subdivisions. Any
political subdivision included on such list is not
subject to any requirement under section 5 until the
date on which any application under this section has
been finally disposed of or no such application may be
made.
``(B) Rule of construction.--Nothing in this
subsection may be construed to provide--
``(i) that the determinations made pursuant
to the creation of the list shall have any
binding or preclusive effect; or
``(ii) that inclusion on the list--
``(I) constitutes a final
determination by the Attorney General
that the listee is eligible for an
exemption pursuant to this subsection
or that, in the case of the listee, the
provisions of subparagraphs (A) through
(F) of subsection (a)(1) are satisfied;
or
``(II) entitles the listee to any
exemption pursuant to this subsection.
``(2) Eligibility.--A political subdivision that submits an
application under paragraph (3) shall be eligible for an
exemption under this subsection only if, during the ten years
preceding the filing of the application, and during the
pendency of such application--
``(A) no test or device referred to in subsection
(a)(1) has been used within such political subdivision
for the purpose or with the effect of denying or
abridging the right to vote on account of race or color
or in contravention of the guarantees of subsection
(f)(2);
``(B) no final judgment of any court of the United
States, other than the denial of declaratory judgment
under this section, has determined that denials or
abridgements of the right to vote on account of race or
color have occurred anywhere in the territory of such
political subdivision or that denials or abridgements
of the right to vote in contravention of the guarantees
of subsection (f)(2) have occurred anywhere in the
territory of such subdivision and no consent decree,
settlement, or agreement has been entered into
resulting in any abandonment of a voting practice
challenged on such grounds; and no declaratory judgment
under this section shall be entered during the pendency
of an action commenced before the filing of an action
under this section and alleging such denials or
abridgements of the right to vote;
``(C) no Federal examiners or observers under this
Act have been assigned to such political subdivision;
``(D) such political subdivision and all
governmental units within its territory have complied
with section 5 of this Act, including compliance with
the requirement that no change covered by section 5 has
been enforced without preclearance under section 5, and
have repealed all changes covered by section 5 to which
the Attorney General has successfully objected or as to
which the United States District Court for the District
of Columbia has denied a declaratory judgment;
``(E) the Attorney General has not interposed any
objection (that has not been overturned by a final
judgment of a court) and no declaratory judgment has
been denied under section 5, with respect to any
submission by or on behalf of the plaintiff or any
governmental unit within its territory under section 5,
and no such submissions or declaratory judgment actions
are pending; and
``(F) such political subdivision and all
governmental units within its territory--
``(i) have eliminated voting procedures and
methods of election which inhibit or dilute
equal access to the electoral process;
``(ii) have engaged in constructive efforts
to eliminate intimidation and harassment of
persons exercising rights protected under this
Act; and
``(iii) have engaged in other constructive
efforts, such as expanded opportunity for
convenient registration and voting for every
person of voting age and the appointment of
minority persons as election officials
throughout the jurisdiction and at all stages
of the election and registration process.
``(3) Application period.--Not later than 90 days after the
publication of the list under paragraph (1), a political
subdivision included on such list may submit an application,
containing such information as the Attorney General may
require, for an exemption under this subsection. The Attorney
General shall provide notice in the Federal Register of such
application.
``(4) Comment period.--During the 90-day period beginning
on the date that notice is published under paragraph (3), the
Attorney General shall give interested persons an opportunity
to submit objections to the issuance of an exemption under this
subsection to a political subdivision on the basis that the
political subdivision is not eligible under paragraph (2) to
the Attorney General. During the 1-year period beginning on the
effective date of this subsection, such 90-day period shall be
extended by an additional 30 days. The Attorney General shall
notify the political subdivision of each objection submitted
and afford the political subdivision an opportunity to respond.
``(5) Determination as to objections.--In the case of a
political subdivision with respect to which an objection has
been submitted under paragraph (4), the following shall apply:
``(A) Consideration of objections.--The Attorney
General shall consider and respond to each such
objection (and any response of the political
subdivision thereto) during the 60-day period beginning
on the day after the comment period under paragraph (4)
concludes.
``(B) Justified objections.--If the Attorney
General determines that any such objection is
justified, the Attorney General shall publish notice in
the Federal Register denying the application for an
exemption under this subsection.
``(C) Unjustified objections.--If the Attorney
General determines that no objection submitted is
justified, each person that submitted such an objection
may, not later than 90 days after the end of the period
established under subparagraph (A), file, in the
District Court of the District of Columbia, an action
for judicial review of such determination in accordance
with chapter 7 of title 5, United States Code.
``(6) Exemption.--The Attorney General may issue an
exemption, by publication in the Federal Register, from the
application of the provisions of subsection (a) with respect to
a political subdivision that--
``(A) is eligible under paragraph (2); and
``(B) with respect to which no objection under was
submitted under paragraph (4) or determined to be
justified under paragraph (5).
``(7) Judicial review.--Except as otherwise explicitly
provided in this subsection, no determination under this
subsection shall be subject to review by any court, and all
determinations under this subsection are committed to the
discretion of the Attorney General.
``(8) Savings clause.--If a political subdivision was not
subject to the application of the provisions of subsection (a)
by reason of a declaratory judgment entered prior to the
effective date of this subsection, and such political
subdivision has not violated any eligibility requirement set
forth in paragraph (2) at any time thereafter, then that
political subdivision shall not be subject to the requirements
of subsection (a).''.
(2) Conforming amendment.--
(A) In general.--Section 4(a)(1) of the Voting
Rights Act of 1965 (52 U.S.C. 10303(a)(1)), as amended
by this subtitle, is further amended by inserting after
``the United States District Court for the District of
Columbia issues a declaratory judgment under this
section'' the following: ``, or, in the case of a
political subdivision, the Attorney General issues an
exemption under subsection (g)''.
(B) Expiration of time limit.--On the date that is
1 year after the effective date of this subsection,
section 4(g)(3) of the Voting Rights Act of 1965 (52
U.S.C. 10303(g)(3)) is amended by striking ``During the
1 year period beginning on the effective date of this
subsection, such 90-day period shall be extended by an
additional 30 days.''. For purposes of any periods
under such section commenced as of such date, the 90-
day period shall remain extended by an additional 30
days.
SEC. 1106. DETERMINATION OF STATES AND POLITICAL SUBDIVISIONS SUBJECT
TO PRECLEARANCE FOR COVERED PRACTICES.
The Voting Rights Act of 1965 (52 U.S.C. 10301 et seq.) is further
amended by inserting after section 4 the following:
``SEC. 4A. DETERMINATION OF STATES AND POLITICAL SUBDIVISIONS SUBJECT
TO PRECLEARANCE FOR COVERED PRACTICES.
``(a) Practice-Based Preclearance.--
``(1) In general.--Each State and each political
subdivision shall--
``(A) identify any newly enacted or adopted law,
regulation, or policy that includes a voting
qualification or prerequisite to voting, or a standard,
practice, or procedure with respect to voting, that is
a covered practice described in subsection (b); and
``(B) ensure that no such covered practice is
implemented unless or until the State or political
subdivision, as the case may be, complies with
subsection (c).
``(2) Determinations of characteristics of voting-age
population.--
``(A) In general.--As early as practicable during
each calendar year, the Attorney General, in
consultation with the Director of the Bureau of the
Census and the heads of other relevant offices of the
government, shall make the determinations required by
this section regarding voting-age populations and the
characteristics of such populations, and shall publish
a list of the States and political subdivisions to
which a voting-age population characteristic described
in subsection (b) applies.
``(B) Publication in the federal register.--A
determination or certification of the Attorney General
under this paragraph shall be effective upon
publication in the Federal Register.
``(b) Covered Practices.--To ensure that the right of citizens of
the United States to vote is not denied or abridged on account of race,
color, or membership in a language minority group as a result of the
implementation of certain qualifications or prerequisites to voting, or
standards, practices, or procedures with respect to voting newly
adopted in a State or political subdivision, the following shall be
covered practices subject to the requirements described in subsection
(a):
``(1) Changes to method of election.--Any change to the
method of election--
``(A) to add seats elected at-large in a State or
political subdivision where--
``(i) two or more racial groups or language
minority groups each represent 20 percent or
more of the political subdivision's voting-age
population; or
``(ii) a single language minority group
represents 20 percent or more of the voting-age
population on Indian lands located in whole or
in part in the political subdivision; or
``(B) to convert one or more seats elected from a
single-member district to one or more at-large seats or
seats from a multi-member district in a State or
political subdivision where--
``(i) two or more racial groups or language
minority groups each represent 20 percent or
more of the political subdivision's voting-age
population; or
``(ii) a single language minority group
represents 20 percent or more of the voting-age
population on Indian lands located in whole or
in part in the political subdivision.
``(2) Changes to jurisdiction boundaries.--Any change or
series of changes within a year to the boundaries of a
jurisdiction that reduces by 3 or more percentage points the
proportion of the jurisdiction's voting-age population that is
comprised of members of a single racial group or language
minority group in a State or political subdivision where--
``(A) two or more racial groups or language
minority groups each represent 20 percent or more of
the political subdivision's voting-age population; or
``(B) a single language minority group represents
20 percent or more of the voting-age population on
Indian lands located in whole or in part in the
political subdivision.
``(3) Changes through redistricting.--Any change to the
boundaries of election districts in a State or political
subdivision where any racial group or language minority group
that is not the largest racial group or language minority group
in the jurisdiction and that represents 15 percent or more of
the State or political subdivision's voting-age population
experiences a population increase of at least 20 percent of its
voting-age population, over the preceding decade (as calculated
by the Bureau of the Census under the most recent decennial
census), in the jurisdiction.
``(4) Changes in documentation or qualifications to vote.--
Any change to requirements for documentation or proof of
identity to vote or register to vote that will exceed or be
more stringent than such requirements under State law on the
day before the date of enactment of the John R. Lewis Voting
Rights Advancement Act of 2025; and further, if a State has in
effect a requirement that an individual present identification
as a condition of receiving and casting a ballot in an election
for Federal office, if the State does not permit the individual
to meet the requirement and cast a ballot in the election in
the same manner as an individual who presents identification--
``(A) in the case of an individual who desires to
vote in person, by presenting the appropriate State or
local election official with a sworn written statement,
signed by the individual under penalty of perjury,
attesting to the individual's identity and attesting
that the individual is eligible to vote in the
election; and
``(B) in the case of an individual who desires to
vote by mail, by submitting with the ballot the
statement described in subparagraph (A).
``(5) Changes to multilingual voting materials.--Any change
that reduces multilingual voting materials or alters the manner
in which such materials are provided or distributed, where no
similar reduction or alteration occurs in materials provided in
English for such election.
``(6) Changes that reduce, consolidate, or relocate voting
locations, or reduce voting opportunities.--Any change that
reduces, consolidates, or relocates voting locations, including
early, absentee, and election-day voting locations, or reduces
days or hours of in-person voting on any Sunday during a period
occurring prior to the date of an election during which voters
may cast ballots in such election, or prohibits the provision
of food or non-alcoholic drink to persons waiting to vote in an
election except where the provision would violate prohibitions
on expenditures to influence voting--
``(A) in one or more census tracts wherein two or
more language minority groups or racial groups each
represent 20 percent or more of the voting-age
population of the political subdivision; or
``(B) on Indian lands wherein at least 20 percent
of the voting-age population belongs to a single
language minority group.
``(7) New list maintenance process.--Any change to the
maintenance of voter registration lists that adds a new basis
for removal from the list of active registered voters or that
incorporates new sources of information in determining a
voter's eligibility to vote, wherein such a change would have a
statistically significant disparate impact on the removal from
voter rolls of members of racial groups or language minority
groups that constitute greater than 5 percent of the voting-age
population--
``(A) in the case of a political subdivision
imposing such change if--
``(i) two or more racial groups or language
minority groups each represent 20 percent or
more of the voting-age population of the
political subdivision; or
``(ii) a single language minority group
represents 20 percent or more of the voting-age
population on Indian lands located in whole or
in part in the political subdivision; or
``(B) in the case of a State imposing such change,
if two or more racial groups or language minority
groups each represent 20 percent or more of the voting-
age population of--
``(i) the State; or
``(ii) a political subdivision in the
State, except that the requirements under
subsections (a) and (c) shall apply only with
respect to each such political subdivision.
``(c) Preclearance.--
``(1) In general.--Whenever a State or political
subdivision with respect to which the requirements set forth in
subsection (a) are in effect shall enact, adopt, or seek to
implement any covered practice described under subsection (b),
such State or subdivision may institute an action in the United
States District Court for the District of Columbia for a
declaratory judgment that such covered practice neither has the
purpose nor will have the effect of denying or abridging the
right to vote on account of race, color, or membership in a
language minority group, and unless and until the court enters
such judgment such covered practice shall not be implemented.
Notwithstanding the previous sentence, such covered practice
may be implemented without such proceeding if the covered
practice has been submitted by the chief legal officer or other
appropriate official of such State or subdivision to the
Attorney General and the Attorney General has not interposed an
objection within 60 days after such submission, or upon good
cause shown, to facilitate an expedited approval within 60 days
after such submission, the Attorney General has affirmatively
indicated that such objection will not be made. Neither an
affirmative indication by the Attorney General that no
objection will be made, nor the Attorney General's failure to
object, nor a declaratory judgment entered under this section
shall bar a subsequent action to enjoin implementation of such
covered practice. In the event the Attorney General
affirmatively indicates that no objection will be made within
the 60-day period following receipt of a submission, the
Attorney General may reserve the right to reexamine the
submission if additional information comes to the Attorney
General's attention during the remainder of the 60-day period
which would otherwise require objection in accordance with this
section. Any action under this section shall be heard and
determined by a court of three judges in accordance with the
provisions of section 2284 of title 28, United States Code, and
any appeal shall lie to the Supreme Court.
``(2) Denying or abridging the right to vote.--Any covered
practice described in subsection (b) that has the purpose of or
will have the effect of diminishing the ability of any citizens
of the United States on account of race, color, or membership
in a language minority group, to elect their preferred
candidates of choice denies or abridges the right to vote
within the meaning of paragraph (1) of this subsection.
``(3) Purpose defined.--The term `purpose' in paragraphs
(1) and (2) of this subsection shall include any discriminatory
purpose.
``(4) Purpose of paragraph (2).--The purpose of paragraph
(2) of this subsection is to protect the ability of such
citizens to elect their preferred candidates of choice.
``(d) Enforcement.--The Attorney General or any aggrieved citizen
may file an action in a Federal district court to compel any State or
political subdivision to satisfy the obligations set forth in this
section. Such actions shall be heard and determined by a court of three
judges under section 2284 of title 28, United States Code. In any such
action, the court shall provide as a remedy that any voting
qualification or prerequisite to voting, or standard, practice, or
procedure with respect to voting, that is the subject of the action
under this subsection be enjoined unless the court determines that--
``(1) the voting qualification or prerequisite to voting,
or standard, practice, or procedure with respect to voting, is
not a covered practice described in subsection (b); or
``(2) the State or political subdivision has complied with
subsection (c) with respect to the covered practice at issue.
``(e) Counting of Racial Groups and Language Minority Groups.--For
purposes of this section, the calculation of the population of a racial
group or a language minority group shall be carried out using the
methodology in the guidance promulgated in the Federal Register on
February 9, 2011 (76 Fed. Reg. 7470).
``(f) Special Rule.--For purposes of determinations under this
section, any data provided by the Bureau of the Census, whether based
on estimation from sample or actual enumeration, shall not be subject
to challenge or review in any court.
``(g) Multilingual Voting Materials.--In this section, the term
`multilingual voting materials' means registration or voting notices,
forms, instructions, assistance, or other materials or information
relating to the electoral process, including ballots, provided in the
language or languages of one or more language minority groups.''.
SEC. 1107. PROMOTING TRANSPARENCY TO ENFORCE THE VOTING RIGHTS ACT.
(a) Transparency.--
(1) In general.--The Voting Rights Act of 1965 (52 U.S.C.
10301 et seq.) is amended by inserting after section 5 the
following new section:
``SEC. 6. TRANSPARENCY REGARDING CHANGES TO PROTECT VOTING RIGHTS.
``(a) Notice of Enacted Changes.--
``(1) Notice of changes.--If a State or political
subdivision makes any change in any qualification or
prerequisite to voting or standard, practice, or procedure with
respect to voting in any election for Federal office that will
result in the qualification or prerequisite, standard,
practice, or procedure being different from that which was in
effect as of 180 days before the date of the election for
Federal office, the State or political subdivision shall
provide reasonable public notice in such State or political
subdivision and on the website of the State or political
subdivision, of a concise description of the change, including
the difference between the changed qualification or
prerequisite, standard, practice, or procedure and the
prerequisite, standard, practice, or procedure which was
previously in effect. The public notice described in this
paragraph, in such State or political subdivision and on the
website of a State or political subdivision, shall be in a
format that is reasonably convenient and accessible to persons
with disabilities who are eligible to vote, including persons
who have low vision or are blind.
``(2) Deadline for notice.--A State or political
subdivision shall provide the public notice required under
paragraph (1) not later than 48 hours after making the change
involved.
``(b) Transparency Regarding Polling Place Resources.--
``(1) In general.--In order to identify any changes that
may impact the right to vote of any person, prior to the 30th
day before the date of an election for Federal office, each
State or political subdivision with responsibility for
allocating registered voters, voting machines, and official
poll workers to particular precincts and polling places shall
provide reasonable public notice in such State or political
subdivision and on the website of a State or political
subdivision, of the information described in paragraph (2) for
precincts and polling places within such State or political
subdivision. The public notice described in this paragraph, in
such State or political subdivision and on the website of a
State or political subdivision, shall be in a format that is
reasonably convenient and accessible to persons with
disabilities who are eligible to vote, including persons who
have low vision or are blind.
``(2) Information described.--The information described in
this paragraph with respect to a precinct or polling place is
each of the following:
``(A) The name or number.
``(B) In the case of a polling place, the location,
including the street address, and whether such polling
place is accessible to persons with disabilities.
``(C) The voting-age population of the area served
by the precinct or polling place, broken down by
demographic group if such breakdown is reasonably
available to such State or political subdivision.
``(D) The number of registered voters assigned to
the precinct or polling place, broken down by
demographic group if such breakdown is reasonably
available to such State or political subdivision.
``(E) The number of voting machines assigned,
including the number of voting machines accessible to
persons with disabilities who are eligible to vote,
including persons who have low vision or are blind.
``(F) The number of official paid poll workers
assigned.
``(G) The number of official volunteer poll workers
assigned.
``(H) In the case of a polling place, the dates and
hours of operation.
``(3) Updates in information reported.--If a State or
political subdivision makes any change in any of the
information described in paragraph (2), the State or political
subdivision shall provide reasonable public notice in such
State or political subdivision and on the website of a State or
political subdivision, of the change in the information not
later than 48 hours after the change occurs or, if the change
occurs fewer than 48 hours before the date of the election for
Federal office, as soon as practicable after the change occurs.
The public notice described in this paragraph and published on
the website of a State or political subdivision shall be in a
format that is reasonably convenient and accessible to persons
with disabilities who are eligible to vote, including persons
who have low vision or are blind.
``(c) Transparency of Changes Relating to Demographics and
Electoral Districts.--
``(1) Requiring public notice of changes.--Not later than
10 days after making any change in the constituency that will
participate in an election for Federal, State, or local office
or the boundaries of a voting unit or electoral district in an
election for Federal, State, or local office (including through
redistricting, reapportionment, changing from at-large
elections to district-based elections, or changing from
district-based elections to at-large elections), a State or
political subdivision shall provide reasonable public notice in
such State or political subdivision and on the website of a
State or political subdivision, of the demographic and
electoral data described in paragraph (3) for each of the
geographic areas described in paragraph (2).
``(2) Geographic areas described.--The geographic areas
described in this paragraph are as follows:
``(A) The State as a whole, if the change applies
statewide, or the political subdivision as a whole, if
the change applies across the entire political
subdivision.
``(B) If the change includes a plan to replace or
eliminate voting units or electoral districts, each
voting unit or electoral district that will be replaced
or eliminated.
``(C) If the change includes a plan to establish
new voting units or electoral districts, each such new
voting unit or electoral district.
``(3) Demographic and electoral data.--The demographic and
electoral data described in this paragraph with respect to a
geographic area described in paragraph (2) are each of the
following:
``(A) The voting-age population, broken down by
demographic group.
``(B) If it is reasonably available to the State or
political subdivision involved, an estimate of the
population of the area which consists of citizens of
the United States who are 18 years of age or older,
broken down by demographic group.
``(C) The number of registered voters, broken down
by demographic group if such breakdown is reasonably
available to the State or political subdivision
involved.
``(D)(i) If the change applies to a State, the
actual number of votes, or (if it is not reasonably
practicable for the State to ascertain the actual
number of votes) the estimated number of votes received
by each candidate in each statewide election held
during the 5-year period which ends on the date the
change involved is made; and
``(ii) if the change applies to only one political
subdivision, the actual number of votes, or (if it is
not reasonably practicable for the political
subdivision to ascertain the actual number of votes) in
each subdivision-wide election held during the 5-year
period which ends on the date the change involved is
made.
``(4) Voluntary compliance by smaller jurisdictions.--
Compliance with this subsection shall be voluntary for a
political subdivision of a State unless the subdivision is one
of the following:
``(A) A county or parish.
``(B) A municipality with a population greater than
10,000, as determined by the Bureau of the Census under
the most recent decennial census.
``(C) A school district with a population greater
than 10,000, as determined by the Bureau of the Census
under the most recent decennial census. For purposes of
this subparagraph, the term `school district' means the
geographic area under the jurisdiction of a local
educational agency (as defined in section 9101 of the
Elementary and Secondary Education Act of 1965).
``(d) Rules Regarding Format of Information.--The Attorney General
may issue rules specifying a reasonably convenient and accessible
format that States and political subdivisions shall use to provide
public notice of information under this section.
``(e) No Denial of Right To Vote.--The right to vote of any person
shall not be denied or abridged because the person failed to comply
with any change made by a State or political subdivision to a voting
qualification, prerequisite, standard, practice, or procedure if the
State or political subdivision involved did not meet the applicable
requirements of this section with respect to the change.
``(f) Definitions.--In this section--
``(1) the term `demographic group' means each group which
section 2 protects from the denial or abridgement of the right
to vote on account of race or color, or in contravention of the
guarantees set forth in section 4(f)(2);
``(2) the term `election for Federal office' means any
general, special, primary, or runoff election held solely or in
part for the purpose of electing any candidate for the office
of President, Vice President, Presidential elector, Senator,
Member of the House of Representatives, or Delegate or Resident
Commissioner to the Congress; and
``(3) the term `persons with disabilities', means
individuals with a disability, as defined in section 3 of the
Americans with Disabilities Act of 1990.''.
(2) Conforming amendment.--Section 3(a) of such Act (52
U.S.C. 10302(a)) is amended by striking ``in accordance with
section 6''.
(b) Effective Date.--The amendment made by subsection (a)(1) shall
apply with respect to changes which are made on or after the expiration
of the 60-day period which begins on the date of the enactment of this
Act.
SEC. 1108. AUTHORITY TO ASSIGN OBSERVERS.
(a) Clarification of Authority in Political Subdivisions Subject to
Preclearance.--Section 8(a)(2)(B) of the Voting Rights Act of 1965 (52
U.S.C. 10305(a)(2)(B)) is amended to read as follows:
``(B) in the Attorney General's judgment, the
assignment of observers is otherwise necessary to
enforce the guarantees of the 14th or 15th Amendment or
any provision of this Act or any other Federal law
protecting the right of citizens of the United States
to vote; or''.
(b) Assignment of Observers To Enforce Bilingual Election
Requirements.--Section 8(a) of such Act (52 U.S.C. 10305(a)) is
amended--
(1) by striking ``or'' at the end of paragraph (1);
(2) by inserting after paragraph (2) the following:
``(3) the Attorney General certifies with respect to a
political subdivision that--
``(A) the Attorney General has received written
meritorious complaints from residents, elected
officials, or civic participation organizations that
efforts to violate section 203 are likely to occur; or
``(B) in the Attorney General's judgment, the
assignment of observers is necessary to enforce the
guarantees of section 203;''; and
(3) by moving the margin for the continuation text
following paragraph (3), as added by paragraph (2) of this
subsection, 2 ems to the left.
(c) Transferral of Authority Over Observers to the Attorney
General.--
(1) Enforcement proceedings.--Section 3(a) of the Voting
Rights Act of 1965 (52 U.S.C. 10302(a)) is amended by striking
``United States Civil Service Commission in accordance with
section 6'' and inserting ``Attorney General in accordance with
section 8''.
(2) Observers; appointment and compensation.--Section 8 of
the Voting Rights Act of 1965 (52 U.S.C. 10305) is amended--
(A) in subsection (a)(2), in the matter following
subparagraph (B), by striking ``Director of the Office
of Personnel Management shall assign as many observers
for such subdivision as the Director'' and inserting
``Attorney General shall assign as many observers for
such subdivision as the Attorney General''; and
(B) in subsection (c), by striking ``Director of
the Office of Personnel Management'' and inserting
``Attorney General''.
(3) Termination of certain appointments of observers.--
Section 13(a)(1) of the Voting Rights Act of 1965 (52 U.S.C.
10309(a)(1)) is amended by striking ``notifies the Director of
the Office of Personnel Management,'' and inserting
``determines,''.
SEC. 1109. CLARIFICATION OF AUTHORITY TO SEEK RELIEF.
(a) Poll Tax.--Section 10(b) of the Voting Rights Act of 1965 (52
U.S.C. 10306(b)) is amended by striking ``the Attorney General is
authorized and directed to institute forthwith in the name of the
United States such actions'' and inserting ``an aggrieved person or (in
the name of the United States) the Attorney General may institute such
actions''.
(b) Cause of Action.--Section 12(d) of the Voting Rights Act of
1965 (52 U.S.C. 10308(d)) is amended--
(1) by striking ``Whenever any person has engaged'' and all
that follows through ``in the name of the United States'' and
inserting ``(1) Whenever there are reasonable grounds to
believe that any person has implemented or will implement any
voting qualification or prerequisite to voting or standard,
practice, or procedure that would (A) deny any citizen the
right to vote in violation of the 14th, 15th, 19th, 24th, or
26th Amendments, or (B) would violate this Act (except for
section 4A) or any other Federal law that prohibits
discrimination on the basis of race, color, or membership in a
language minority group in the voting process, an aggrieved
person or (in the name of the United States) the Attorney
General may institute''; and
(2) by striking ``, and including an order directed to the
State and State or local election officials to require them (1)
to permit persons listed under chapters 103 to 107 of this
title to vote and (2) to count such votes''.
(c) Judicial Relief.--Section 204 of the Voting Rights Act of 1965
(52 U.S.C. 10504) is amended by striking ``Whenever the Attorney
General has reason to believe'' and all that follows through ``as he
deems appropriate'' and inserting ``Whenever there are reasonable
grounds to believe that a State or political subdivision has engaged or
is about to engage in any act or practice prohibited by a provision of
title II, an aggrieved person or (in the name of the United States) the
Attorney General may institute an action in a district court of the
United States, for a restraining order, a preliminary or permanent
injunction, or such other order as may be appropriate''.
(d) Enforcement of Twenty-Sixth Amendment.--Section 301(a)(1) of
the Voting Rights Act of 1965 (52 U.S.C. 10701) is amended by striking
``The Attorney General is directed to institute'' and all that follows
through ``Constitution of the United States'' and inserting ``An
aggrieved person or (in the name of the United States) the Attorney
General may institute an action in a district court of the United
States, for a restraining order, a preliminary or permanent injunction,
or such other order as may be appropriate to implement the twenty-sixth
amendment to the Constitution of the United States''.
SEC. 1110. PREVENTIVE RELIEF.
Section 12(d) of the Voting Rights Act of 1965 (52 U.S.C.
10308(d)), as amended by section 1109, is further amended by adding at
the end the following:
``(2)(A) In considering any motion for preliminary relief in any
action for preventive relief described in this subsection, the court
shall grant the relief if the court determines that the complainant has
raised a serious question as to whether the challenged voting
qualification or prerequisite to voting or standard, practice, or
procedure violates this Act or the Constitution and, on balance, the
hardship imposed on the defendant by the grant of the relief will be
less than the hardship which would be imposed on the plaintiff if the
relief were not granted.
``(B) In making its determination under this paragraph with respect
to a change in any voting qualification, prerequisite to voting, or
standard, practice, or procedure with respect to voting, the court
shall consider all relevant factors and give due weight to the
following factors, if they are present:
``(i) Whether the qualification, prerequisite, standard,
practice, or procedure in effect prior to the change was
adopted as a remedy for a Federal court judgment, consent
decree, or admission regarding--
``(I) discrimination on the basis of race or color
in violation of the 14th or 15th Amendment;
``(II) a violation of the 19th, 24th, or 26th
Amendments;
``(III) a violation of this Act; or
``(IV) voting discrimination on the basis of race,
color, or membership in a language minority group in
violation of any other Federal or State law.
``(ii) Whether the qualification, prerequisite, standard,
practice, or procedure in effect prior to the change served as
a ground for the dismissal or settlement of a claim alleging--
``(I) discrimination on the basis of race or color
in violation of the 14th or 15th Amendment;
``(II) a violation of the 19th, 24th, or 26th
Amendment;
``(III) a violation of this Act; or
``(IV) voting discrimination on the basis of race,
color, or membership in a language minority group in
violation of any other Federal or State law.
``(iii) Whether the change was adopted fewer than 180 days
before the date of the election with respect to which the
change is to take or takes effect.
``(iv) Whether the defendant has failed to provide timely
or complete notice of the adoption of the change as required by
applicable Federal or State law.
``(3) A jurisdiction's inability to enforce its voting or election
laws, regulations, policies, or redistricting plans, standing alone,
shall not be deemed to constitute irreparable harm to the public
interest or to the interests of a defendant in an action arising under
the Constitution or any Federal law that prohibits discrimination on
the basis of race, color, or membership in a language minority group in
the voting process, for the purposes of determining whether a stay of a
court's order or an interlocutory appeal under section 1253 of title
28, United States Code, is warranted.''.
SEC. 1111. RELIEF FOR VIOLATIONS OF VOTING RIGHTS LAWS.
(a) In General.--
(1) Relief for violations of voting rights laws.--In this
section, the term ``prohibited act or practice'' means--
(A) any act or practice--
(i) that creates an undue burden on the
fundamental right to vote in violation of the
14th Amendment to the Constitution of the
United States or violates the Equal Protection
Clause of the 14th Amendment to the
Constitution of the United States; or
(ii) that is prohibited by the 15th, 19th,
24th, or 26th Amendment to the Constitution of
the United States, section 2004 of the Revised
Statutes (52 U.S.C. 10101), the Voting Rights
Act of 1965 (52 U.S.C. 10301 et seq.), the
National Voter Registration Act of 1993 (52
U.S.C. 20501 et seq.), the Uniformed and
Overseas Citizens Absentee Voting Act (52
U.S.C. 20301 et seq.), the Help America Vote
Act of 2002 (52 U.S.C. 20901 et seq.), the
Voting Accessibility for the Elderly and
Handicapped Act (52 U.S.C. 20101 et seq.), or
section 2003 of the Revised Statutes (52 U.S.C.
10102); and
(B) any act or practice in violation of any Federal
law that prohibits discrimination with respect to
voting, including the Americans with Disabilities Act
of 1990 (42 U.S.C. 12101 et seq.).
(2) Rule of construction.--Nothing in this section shall be
construed to diminish the authority or scope of authority of
any person to bring an action under any Federal law.
(3) Attorney's fees.--Section 722(b) of the Revised
Statutes (42 U.S.C. 1988(b)) is amended by inserting ``a
provision described in section 2(a) of the John R. Lewis Voting
Rights Advancement Act of 2025,'' after ``title VI of the Civil
Rights Act of 1964,''.
(b) Grounds for Equitable Relief.--In any action for equitable
relief pursuant to a law listed under subsection (a), proximity of the
action to an election shall not be a valid reason to deny such relief,
or stay the operation of or vacate the issuance of such relief, unless
the party opposing the issuance or continued operation of relief meets
the burden of proving by clear and convincing evidence that the
issuance of the relief would be so close in time to the election as to
cause irreparable harm to the public interest or that compliance with
such relief would impose serious burdens on the party opposing relief.
(1) In general.--In considering whether to grant, deny,
stay, or vacate any order of equitable relief, the court shall
give substantial weight to the public's interest in expanding
access to the right to vote. A State's generalized interest in
enforcing its enacted laws shall not be a relevant
consideration in determining whether equitable relief is
warranted.
(2) Presumptive safe harbor.--Where equitable relief is
sought either within 30 days of the adoption or reasonable
public notice of the challenged policy or practice, or more
than 45 days before the date of an election to which the relief
being sought will apply, proximity to the election will be
presumed not to constitute a harm to the public interest or a
burden on the party opposing relief.
(c) Grounds for Stay or Vacatur in Federal Claims Involving Voting
Rights.--
(1) Prospective effect.--In reviewing an application for a
stay or vacatur of equitable relief granted pursuant to a law
listed in subsection (a), a court shall give substantial weight
to the reliance interests of citizens who acted pursuant to
such order under review. In fashioning a stay or vacatur, a
reviewing court shall not order relief that has the effect of
denying or abridging the right to vote of any citizen who has
acted in reliance on the order.
(2) Written explanation.--No stay or vacatur under this
subsection shall issue unless the reviewing court makes
specific findings that the public interest, including the
public's interest in expanding access to the ballot, will be
harmed by the continuing operation of the equitable relief or
that compliance with such relief will impose serious burdens on
the party seeking such a stay or vacatur such that those
burdens substantially outweigh the benefits to the public
interest. In reviewing an application for a stay or vacatur of
equitable relief, findings of fact made in issuing the order
under review shall not be set aside unless clearly erroneous.
SEC. 1112. ENFORCEMENT OF VOTING RIGHTS BY ATTORNEY GENERAL.
Section 12 of the Voting Rights Act (52 U.S.C. 10308), as amended
by this subtitle, is further amended by adding at the end the
following:
``(g) Voting Rights Enforcement by Attorney General.--
``(1) In general.--In order to fulfill the Attorney
General's responsibility to enforce the Voting Rights Act and
other Federal civil rights statutes that protect the right to
vote, the Attorney General (or upon designation by the Attorney
General, the Assistant Attorney General for Civil Rights) is
authorized, before commencing a civil action, to issue a demand
for inspection and information in writing to any State or
political subdivision, or other governmental representative or
agent, with respect to any relevant documentary material that
he has reason to believe is within their possession, custody,
or control. A demand by the Attorney General under this section
may require--
``(A) the production of such documentary material
for inspection and copying;
``(B) answers in writing to written questions with
respect to such documentary material; or
``(C) both.
``(2) Contents of an attorney general demand.--
``(A) In general.--Any demand issued under
paragraph (1), shall include a sworn certificate to
identify the voting qualification or prerequisite to
voting or standard, practice, or procedure with respect
to voting, or other voting related matter or issue,
whose lawfulness the Attorney General is investigating
and to identify the civil provisions of the Federal
civil rights statute that protects the right to vote
under which the investigation is being conducted. The
demand shall be reasonably calculated to lead to the
discovery of documentary material and information
relevant to such civil rights investigation.
Documentary material includes any material upon which
relevant information is recorded, and includes written
or printed materials, photographs, tapes, or materials
upon which information is electronically or
magnetically recorded. Such demands are aimed at the
Attorney General having the ability to inspect and
obtain copies of relevant materials (as well as obtain
information) related to voting and are not aimed at the
Attorney General taking possession of original records,
particularly those that are required to be retained by
State and local election officials under Federal or
State law.
``(B) No requirement for production.--Any demand
issued under paragraph (1) may not require the
production of any documentary material or the
submission of any answers in writing to written
questions if such material or answers would be
protected from disclosure under the standards
applicable to discovery requests under the Federal
Rules of Civil Procedure in an action in which the
Attorney General or the United States is a party.
``(C) Documentary material.--If the demand issued
under paragraph (1) requires the production of
documentary material, it shall--
``(i) identify the class of documentary
material to be produced with such definiteness
and certainty as to permit such material to be
fairly identified; and
``(ii) prescribe a return date for
production of the documentary material at least
twenty days after issuance of the demand to
give the State or political subdivision, or
other governmental representative or agent, a
reasonable period of time for assembling the
documentary material and making it available
for inspection and copying.
``(D) Answers to written questions.--If the demand
issued under paragraph (1) requires answers in writing
to written questions, it shall--
``(i) set forth with specificity the
written question to be answered; and
``(ii) prescribe a date at least twenty
days after the issuance of the demand for
submitting answers in writing to the written
questions.
``(E) Service.--A demand issued under paragraph (1)
may be served by a United States marshal or a deputy
marshal, or by certified mail, at any place within the
territorial jurisdiction of any court of the United
States.
``(3) Responses to an attorney general demand.--A State or
political subdivision, or other governmental representative or
agent, must, with respect to any documentary material or any
answer in writing produced under this subsection, provide a
sworn certificate, in such form as the demand issued under
paragraph (1) designates, by a person having knowledge of the
facts and circumstances relating to such production or written
answer, authorized to act on behalf of the State or political
subdivision, or other governmental representative or agent,
upon which the demand was served. The certificate--
``(A) shall state that--
``(i) all of the documentary material
required by the demand and in the possession,
custody, or control of the State or political
subdivision, or other governmental
representative or agent, has been produced;
``(ii) that with respect to every answer in
writing to a written question, all information
required by the question and in the possession,
custody, control, or knowledge of the State or
political subdivision, or other governmental
representative or agent, has been submitted; or
``(iii) both; or
``(B) provide the basis for any objection to
producing the documentary material or answering the
written question.
To the extent that any information is not furnished, the
information shall be identified and reasons set forth with
particularity regarding the reasons why the information was not
furnished.
``(4) Judicial proceedings.--
``(A) Petition for enforcement.--Whenever any State
or political subdivision, or other governmental
representative or agent, fails to comply with demand
issued by the Attorney General under paragraph (1), the
Attorney General may file, in a district court of the
United States in which the State or political
subdivision, or other governmental representative or
agent, is located, a petition for a judicial order
enforcing the Attorney General demand issued under
paragraph (1).
``(B) Petition to modify.--
``(i) In general.--Any State or political
subdivision, or other governmental
representative or agent, that is served with a
demand issued by the Attorney General under
paragraph (1) may file in the United States
District Court for the District of Columbia a
petition for an order of the court to modify or
set aside the demand of the Attorney General.
``(ii) Petition to modify.--Any petition to
modify or set aside a demand of the Attorney
General issued under paragraph (1) must be
filed within 20 days after the date of service
of the Attorney General's demand or at any time
before the return date specified in the
Attorney General's demand, whichever date is
earlier.
``(iii) Contents of petition.--The petition
shall specify each ground upon which the
petitioner relies in seeking relief under
clause (i), and may be based upon any failure
of the Attorney General's demand to comply with
the provisions of this section or upon any
constitutional or other legal right or
privilege of the State or political
subdivision, or other governmental
representative or agent. During the pendency of
the petition in the court, the court may stay,
as it deems proper, the running of the time
allowed for compliance with the Attorney
General's demand, in whole or in part, except
that the State or political subdivision, or
other governmental representative or agent,
filing the petition shall comply with any
portions of the Attorney General's demand not
sought to be modified or set aside.''.
SEC. 1113. DEFINITIONS.
Title I of the Voting Rights Act of 1965 (52 U.S.C. 10301) is
amended by adding at the end the following:
``SEC. 21. DEFINITIONS.
``In this Act:
``(1) Indian.--The term `Indian' has the meaning given the
term in section 4 of the Indian Self-Determination and
Education Assistance Act.
``(2) Indian lands.--The term `Indian lands' means--
``(A) any Indian country of an Indian tribe, as
such term is defined in section 1151 of title 18,
United States Code;
``(B) any land in Alaska that is owned, pursuant to
the Alaska Native Claims Settlement Act, by an Indian
tribe that is a Native village (as such term is defined
in section 3 of such Act), or by a Village Corporation
that is associated with the Indian tribe (as such term
is defined in section 3 of such Act);
``(C) any land on which the seat of government of
the Indian tribe is located; and
``(D) any land that is part or all of a tribal
designated statistical area associated with the Indian
tribe, or is part or all of an Alaska Native village
statistical area associated with the tribe, as defined
by the Bureau of the Census for the purposes of the
most recent decennial census.
``(3) Indian tribe.--The term `Indian tribe' or `tribe' has
the meaning given the term `Indian tribe' in section 4 of the
Indian Self-Determination and Education Assistance Act.
``(4) Tribal government.--The term `Tribal Government'
means the recognized governing body of an Indian Tribe.
``(5) Voting-age population.--The term `voting-age
population' means the numerical size of the population within a
State, within a political subdivision, or within a political
subdivision that contains Indian lands, as the case may be,
that consists of persons age 18 or older, as calculated by the
Bureau of the Census under the most recent decennial census.''.
SEC. 1114. ATTORNEYS' FEES.
Section 14(c) of the Voting Rights Act of 1965 (52 U.S.C. 10310(c))
is amended by adding at the end the following:
``(4) The term `prevailing party' means a party to an action that
receives at least some of the benefit sought by such action, states a
colorable claim, and can establish that the action was a significant
cause of a change to the status quo.''.
SEC. 1115. OTHER TECHNICAL AND CONFORMING AMENDMENTS.
(a) Actions Covered Under Section 3.--Section 3(c) of the Voting
Rights Act of 1965 (52 U.S.C. 10302(c)) is amended--
(1) by striking ``any proceeding instituted by the Attorney
General or an aggrieved person under any statute to enforce''
and inserting ``any action under any statute in which a party
(including the Attorney General) seeks to enforce''; and
(2) by striking ``at the time the proceeding was
commenced'' and inserting ``at the time the action was
commenced''.
(b) Clarification of Treatment of Members of Language Minority
Groups.--Section 4(f) of such Act (52 U.S.C. 10303(f)) is amended--
(1) in paragraph (1), by striking the second sentence; and
(2) by striking paragraphs (3) and (4).
(c) Period During Which Changes in Voting Practices Are Subject to
Preclearance Under Section 5.--Section 5 of such Act (52 U.S.C. 10304)
is amended--
(1) in subsection (a), by striking ``based upon
determinations made under the first sentence of section 4(b)
are in effect'' and inserting ``are in effect during a calendar
year'';
(2) in subsection (a), by striking ``November 1, 1964'' and
all that follows through ``November 1, 1972'' and inserting
``the applicable date of coverage''; and
(3) by adding at the end the following new subsection:
``(e) The term `applicable date of coverage' means, with respect to
a State or political subdivision--
``(1) June 25, 2013, if the most recent determination for
such State or subdivision under section 4(b) was made on or
before December 31, 2025; or
``(2) the date on which the most recent determination for
such State or subdivision under section 4(b) was made, if such
determination was made after December 31, 2025.''.
SEC. 1116. SEVERABILITY.
If any provision of this subtitle or any amendment made by this
subtitle, or the application of such a provision or amendment to any
person or circumstance, is held to be unconstitutional or is otherwise
enjoined or unenforceable, the remainder of this subtitle and
amendments made by this subtitle, and the application of the provisions
and amendment to any person or circumstance, and any remaining
provision of the Voting Rights Act of 1965, shall not be affected by
the holding.
SEC. 1117. GRANTS TO ASSIST WITH NOTICE REQUIREMENTS UNDER THE VOTING
RIGHTS ACT OF 1965.
(a) In General.--The Attorney General shall make grants each fiscal
year to small jurisdictions who submit applications under subsection
(b) for purposes of assisting such small jurisdictions with compliance
with the requirements of the Voting Rights Act of 1965 to submit or
publish notice of any change to a qualification, prerequisite,
standard, practice or procedure affecting voting.
(b) Application.--To be eligible for a grant under this section, a
small jurisdiction shall submit an application to the Attorney General
in such form and containing such information as the Attorney General
may require regarding the compliance of such small jurisdiction with
the provisions of the Voting Rights Act of 1965.
(c) Small Jurisdiction Defined.--For purposes of this section, the
term ``small jurisdiction'' means any political subdivision of a State
with a population of 10,000 or less.
TITLE XII--RESTRICTIONS ON GOVERNMENT PENSIONS FOR FELONY CONVICTIONS
SEC. 1201. FEDERAL RETIREMENT BENEFITS FORFEITURE FOR MEMBERS OF
CONGRESS AND CABINET MEMBERS CONVICTED OF CERTAIN CRIMES.
(a) In General.--Section 8312 of title 5, United States Code, is
amended--
(1) in subsection (a)--
(A) by striking ``or'' at the end of paragraph (1);
(B) by striking the period at the end of the first
sentence and inserting ``; or''; and
(C) by inserting before the matter following
paragraph (2) the following:
``(3) was finally convicted of an offense described in
subsection (e) of this section after the date of enactment of
such subsection, to the extent provided by that subsection.'';
(2) by redesignating subsection (d) as subsection (e); and
(3) by inserting after subsection (c) the following:
``(d)(1) Subsection (a) shall apply to any individual finally
convicted of an offense described in paragraph (2).
``(2) An offense described in this paragraph is an offense for
which the following apply:
``(A) Every act or omission of the individual that is
needed to satisfy the elements of the offense occurs while the
individual--
``(i) is a Member of Congress or former Member of
Congress; or
``(ii) is a member of the President's cabinet or a
former member of the President's cabinet.
``(B) The offense--
``(i) is committed after the date of enactment of
this subsection; and
``(ii) is a felony under Federal law or under the
law of the State in which it was committed.
``(3) For purposes of this subsection--
``(A) the term `finally convicted' has the meaning given
that term in section 8332(o)(6); and
``(B) the term `Member of Congress' means a Senator or
Representative in, or Delegate or Resident Commissioner to, the
Congress.''.
(b) Absence From United States To Avoid Prosecution.--Section
8313(a)(1) of title 5, United States Code, is amended by striking
``or'' at the end of subparagraph (A), by striking ``and'' at the end
of subparagraph (B) and inserting ``or'', and by adding at the end the
following:
``(C) after the date of the enactment of this subparagraph,
for an offense described in section 8312(d)(2); and''.
SEC. 1202. FORFEITURE OF BENEFITS FOR FORMER PRESIDENTS CONVICTED OF A
FELONY.
The Act entitled ``An Act to provide retirement, clerical
assistants, and free mailing privileges to former Presidents of the
United States, and for other purposes'', approved August 25, 1958
(commonly known as the ``Former Presidents Act of 1958''; 3 U.S.C. 102
note), is amended--
(1) in subsection (a), by striking ``Each former
President'' and inserting ``Subject to subsection (h), each
former President'';
(2) in subsection (f), by striking paragraph (2) and
inserting:
``(2) who has not been impeached by the House of
Representatives and convicted by the Senate pursuant to the
impeachment.''; and
(3) by adding at the end the following new subsection:
``(h)(1) If a former President is finally convicted of a felony for
which every act or omission that is needed to satisfy the elements of
the felony is committed during or after the period such former
President holds the office of President of the United States of
America, or was finally convicted of such a felony while holding such
office--
``(A) no monetary allowance under subsection (a) may be
provided to such former President;
``(B) no funds may be obligated or expended under
subsection (g) with respect to such former President except to
the extent necessary to maintain the security of such former
President, as determined by the Director of the Secret Service;
and
``(C) such former President shall repay any amounts
received under subsection (a) during the period beginning on
the date on which such former President is initially convicted
of the felony and ending on the date such former President is
finally convicted of the felony.
``(2) The term `finally convicted' means a conviction--
``(A) which has not been appealed and is no longer
appealable because the time for taking an appeal has expired;
or
``(B) which has been appealed and the appeals process for
which is completed.''.
TITLE XIII--RESTRICTION ON LAWSUITS BY PRESIDENT
SEC. 1301. EXCEPTIONS TO FEDERAL TORT CLAIMS ACT.
(a) In General.--Section 2680 of title 28, United States Code, is
amended by adding at the end the following:
``(o) Any claim, without regard to when the act or omission giving
rise to the claim occurred, brought by--
``(1) the President;
``(2) the spouse, parent, child, grandparent, grandchild,
or sibling or the President; or
``(3) any entity or organization in which the President has
an ownership interest.''.
(b) Former Presidents.--Section 2680 of title 28, United States
Code, as amended by subsection (a), is further amended by adding at the
end the following:
``(p) Any claim, without regard to when the act or omission giving
rise to the claim occurred, brought by a former President, unless an ad
hoc committee of Congress established with respect to such claim and
composed of 12 Members of the House of Representatives and the Senate,
with an equal number from each major political party appointed by the
Minority and Majority leaders of each party, approve the claim by a
vote of at least 8 members of the committee.''.
(c) Applicability.--The amendment made by subsections (a) and (b)
shall apply to any claim pending on, or brought on or after, the date
of enactment of this Act.
TITLE XIV--PROHIBITION ON PREDICTION MARKET PARTICIPATION
SEC. 1401. SHORT TITLE.
This title may be cited as the ``PREDICT Act''.
SEC. 1402. RESTRICTIONS ON TRADING ON PREDICTION MARKETS.
(a) Restrictions.--Chapter 131 of title 5, United States Code, as
amended by section 102(b), is further amended by adding at the end a
new subchapter:
``SUBCHAPTER V--RESTRICTIONS ON TRADING ON PREDICTION MARKETS
``Sec. 13161. Definitions
``In this subchapter:
``(1) Covered individual.--The term `covered individual'
means any of the following:
``(A) A Member of Congress as defined in section
13101 of this title.
``(B) A dependent child as defined in such section
13101 or a spouse of a Member of Congress.
``(C) An individual or entity with fiduciary duties
and the authority to enter into or offer to enter into
an agreement, contract, or transaction with respect to
prediction markets for any individual described in
subparagraphs (A) or (B).
``(D) An officer or employee of the Congress.
``(E) The President.
``(F) The Vice President.
``(G) A political appointee.
``(H) Each officer or employee in the executive
branch, including a special Government employee, as
defined in section 202 of title 18, and any officer or
employee of an independent agency, who occupies a
position classified above GS-15 of the General Schedule
or, in the case of positions not under the General
Schedule, for which the rate of basic pay is equal to
or greater than 120 percent of the minimum rate of
basic pay payable for GS-15 of the General Schedule;
each member of a uniformed service whose pay grade is
at or in excess of O-7 under section 201 of title 37;
and each officer or employee in any other position
determined by the Director of the Office of Government
Ethics to be of equal classification.
``(I) A judicial officer as defined in section
13101 of this title.
``(J) A judicial employee as defined in section
13101 of this title.
``(2) Independent agency.--The term `independent agency'
has the meaning given the term `independent establishment' as
defined in section 104 of this title.
``(3) Political appointee.--The term `political appointee'
means an individual--
``(A) occupying a position described under sections
5312 through 5316 of this title (relating to the
Executive Schedule);
``(B) serving under a noncareer appointment in the
Senior Executive Service, as defined under paragraph
(7) of section 3132(a) of this title; or
``(C) occupying a position in the executive branch
of the Government of a confidential or policy-
determining character under schedule C of subpart C of
part 213 of title 5, Code of Federal Regulations.
``(4) Supervising ethics office.--The term `supervising
ethics office'--
``(A) has the meaning given the term in section
13101 of this title; and
``(B) in the case of an independent agency, means
the Office of Government Ethics.
``Sec. 13162. Trading on prediction markets
``(a) Conduct During Federal Service.--No covered individual may
enter into, or offer to enter into an agreement, contract, or
transaction that provides for any purchase, sale, payment, or delivery
that is dependent on the occurrence, nonoccurrence, or the extent of
the occurrence of a specific political event.
``(b) Interpretative Guidance.--The supervising ethics office shall
issue interpretive guidance on any relevant term not defined in this
subchapter.
``Sec. 13163. Penalties
``(a) In General.--
``(1) Penalties.--Any covered individual who violates the
restrictions in section 13152 of this title shall, at the
direction of the supervising ethics office--
``(A) pay a fee equal to ten percent of the value
of the agreement, contract, or transaction in
violation; and
``(B) disgorge the profits of any agreement,
contract, or transaction that violates the provisions
of such section 13152.
``(2) Payment of penalty to treasury.--A penalty imposed
under paragraph (1)(B) shall be payable into the Treasury.
``(b) Payment Restrictions.--A covered individual may not pay any
of the penalties under this section from the following sources:
``(1) The Members' Representational Allowance.
``(2) The Senators' Official Personnel and Office Expense
Account.
``(3) Any contribution (as defined in section 301(8) of the
Federal Election Campaign Act of 1971 (52 U.S.C. 30101(8)))
accepted as a candidate, and any other donation received as
support for activities of the individual as a holder of Federal
office.
``(4) Any other source of funds, other than a salary,
available to such individual through employment or service in
the Federal Government.
``(c) Publication.--Each supervising ethics office shall publish on
a publicly available website a description of--
``(1) each fine assessed by the supervising ethics office
pursuant to this section;
``(2) the reason why each such fine was assessed; and
``(3) the result of each assessment.''.
(b) Table of Contents.--The table of contents for chapter 131 of
title 5, United States Code, as amended by section 102(a), is further
amended by adding at the end the following:
subchapter v. restrictions on trading on prediction markets
13161. Definitions.
13162. Trading on prediction markets.
13163. Penalties.
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