Drain the Swamp Act

This Act may be cited as the “Drain the Swamp Act”.

The table of contents for this Act is as follows:

This title may be cited as the “Restore Trust in Government Act”.

(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:

(b) Restrictions.— Chapter 131 of title 5, United States Code, is amended by adding at the end a new subchapter:

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.

(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.

(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.”.

This title may be cited as the “No Pay for Congress During Default or Government Shutdown Act”.

(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.

(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.

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.

(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.

This title may be cited as the “Supreme Court Tenure Establishment and Retirement Modernization Act”.

(a) In general.— Chapter 1 of title 28, United States Code, is amended by adding at the end the following:

“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.

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:

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.”.

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:

“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.

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.

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.”.

This title may be cited as the “Supreme Court Ethics and Investigations Act”.

(a) In general.— Chapter 45 of title 28, United States Code, is amended by adding at the end the following:

“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:

(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:

“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:

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.

This title may be cited as the “Division A of the Protecting Our Democracy Act”.

This subtitle 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 subtitle 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.”.

This subtitle may be cited as the “Foreign and Domestic Emoluments Enforcement Act”.

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.

(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 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).”.

(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.”.

(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 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.

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.

This subtitle 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:

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:

“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.

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.

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.

4. Nothing in this article shall be construed to grant Congress or the States the power to abridge the freedom of the press.”.

This title may be cited as the “Title II of the DISCLOSE Act”.

(a) In general.— Section 324 of the Federal Election Campaign Act of 1971 (52 U.S.C. 30126) is amended to read as follows:

“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) 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.

(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,

(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) 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.

(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,

(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— 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.

(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,

(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).

(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.”.

(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.

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

“(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.”.

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.

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.

This title may be cited as the “Ban Corporate PACs Act”.

(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”.

(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.

This title may be cited as the “Title V of the Freedom to Vote Act”.

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.

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.

(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.

(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.

(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.

(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.

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.

(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.

This title may be cited as the “John R. Lewis Voting Rights Advancement Act of 2025”.

(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— 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.

(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.

(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— 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.

(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.

(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).”.

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).”.

(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,”.

(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.

The Voting Rights Act of 1965 (52 U.S.C. 10301 et seq.) is further amended by inserting after section 4 the following:

“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.”.

(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:

“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.

(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,”.

(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”.

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.”.

(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.

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: