Protecting Our Democracy Act

This Act may be cited as the “Protecting Our Democracy Act”.

(a) Divisions.— This Act is organized into divisions as follows:

(1) Division A—Preventing Abuses of Presidential Power.

(2) Division B—Restoring Checks and Balances, Accountability, and Transparency.

(3) Division C—Miscellaneous.

(4) Division D—Severability.

(b) Table of contents.— The table of contents of this Act is as follows:

This title may be cited as the “Abuse of the Pardon Power Prevention Act”.

(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).

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:

“(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”.

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.

This title may be cited as the “No President is Above the Law Act”.

(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.

(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:

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.”.

(a) Short title.— This title may be cited as the “Foreign and Domestic Emoluments Enforcement Act”.

(b) Table of contents.— The table of contents for this title is as follows:

In this title:

(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.

(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.

(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.

(a) In general.— Subchapter IV of chapter 73 of title 5, United States Code, is amended by adding after section 7342 the following:

“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.

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.

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:

(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.

(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).”.

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.”.

(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.

(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:

“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:

“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.

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 Accountability 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 Accountability 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 Accountability 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 a payment prohibited under paragraph (1).”.

(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 than $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 Accountability of the House of Representatives and the Committee of 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 Accountability of the House of Representatives, the Committee on the Judiciary of the Senate, and the Committee of 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 Accountability 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.”.

(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.

This title, 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.

If any provision of this title or amendment made by this title, or the application of a provision or amendment to any person or circumstance, is held to be unconstitutional, the remainder of this title and amendments made by this title, and the application of the provisions and amendment to any person or circumstance, shall not be affected by the holding.

This title may be cited as the “Investigative Integrity Protection Act”.

(a) In general.— Chapter 31 of title 28, United States Code, is amended by adding at the end the following:

“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: