- Record: Senate Floor
- Section type: Legislation
- Chamber: Senate
- Date: July 30, 2026
- Congress: 119th Congress
- Why this source matters: This section came from the Senate floor portion of the record.
By Mr. SCHUMER (for himself, Mr. Kim, Mr. Merkley, and Mr.
Padilla):
S. 5183. A bill to establish the Anti-Corruption Bureau, and for other purposes; to the Committee on Finance.
Mr. SCHUMER. Mr. President, now, today, on anti-corruption and the Anti-Corruption Bureau Creation Act—today, I am introducing the Anti- Corruption Bureau Creation Act, the biggest, boldest, and broadest proposal ever put forward to revitalize our anti-corruption institutions.
have ever seen in American history, which is why Congress has to respond more strongly than ever before. In just 18 months, the Trump family has cashed in on the influence of the Presidency to the tune of more than $4 billion—billion.
are also causing Americans to pay an extra $3,100 in higher costs each year. Trump profits; Americans pay. Our “Grifter in
Merkley, and Kim is designed to stop Trump's “Art of the Steal.”
back. The bill will create, for the first time, a private right of action that allows Americans, including State attorneys general representing the public, to sue to recover the money Trump and his family have taken from them.
against people who defraud the government and share part of the civil penalty if they win. So it only makes sense that we are expanding that ability so citizens can sue people who use government influence to defraud the public. If Donald Trump or one of his lackeys, sons, cronies uses government influence to steal from you, you deserve your day in court.
again. Instead of draining the swamp, Trump blew our anti-corruption institutions to smithereens. He installed MAGA loyalists at the Office of Government Ethics and the U.S. Office of Special Counsel, watchdogs whose whole mission is to stop the same type of corruption Trump is now committing. Trump also neutered the Federal Elections Commission, which Congress created to stop the corruption Watergate exposed.
that brings all the guardrails Trump has weakened under one roof. The Anti-Corruption Bureau is a sum greater than its parts. The Bureau would have subpoena power to give it real investigative strength, meaningful enforcement authority, and the ability to disgorge ill- gotten gains. We want to create a one-stop shop to catch the corruption and make them pay up, an Agency with real teeth and real independence.
- Republicans, three Democrats, and one Independent.
explicitly outlaws trying to weaponize it, with fines and jail time for people who try.
- sustaining funding source for the Agency, much like the Fed.
since our bill requires a panel of judges to appoint temporary replacements so the Bureau always has a quorum.
- sure all facets of government serve the people and no one else.
trust. This legislation tells them that we hear them and that we are going to fight for them with the strongest measures we have ever proposed.
Mr. President, I ask unanimous consent that the text of the bill be printed in the Record.
- printed in the Record, as follows:
S. 5183
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the “Anti-Corruption Bureau
Creation Act” .
SEC. 2. TABLE OF CONTENTS.
The table of contents for this Act is as follows:
- Sec. 1. Short title.
- Sec. 2. Table of contents.
- Sec. 3. Findings and purpose.
- Sec. 4. Definitions.
TITLE I—PRIVATE RIGHT OF ACTION TO UNWIND CORRUPTION
- Sec. 101. Findings and purpose.
- Sec. 102. Definitions.
- Sec. 103. Civil liability for corruption-related violations.
- Sec. 104. Private right of action.
- Sec. 105. Award to plaintiffs.
- Sec. 106. Severability.
TITLE II—ESTABLISHMENT OF ANTI-CORRUPTION BUREAU
- Sec. 201. Establishment of Bureau.
- Sec. 202. Membership.
- Sec. 203. Terms of service.
- Sec. 204. Chair; Vice Chair.
- Sec. 205. Blue Ribbon Advisory Panel.
- Sec. 206. Removal; notice to Congress.
TITLE III—POWERS AND DUTIES OF ANTI-CORRUPTION BUREAU
- Sec. 301. Powers and duties of the Bureau.
- Sec. 302. Transfer of functions.
- Sec. 303. Personnel.
TITLE IV—APPOINTMENT OF TEMPORARY MEMBERS TO THE ANTI-CORRUPTION
BUREAU
Sec. 401. Assignment of judges to division to appoint temporary members
to the Anti-Corruption Bureau.
TITLE V—GENERAL MATTERS
- Sec. 501. Freedom From Influence Fund.
- Sec. 502. Authorization of appropriations.
- Sec. 503. References.
- Sec. 504. Regulations.
- Sec. 505. Technical and conforming amendments.
SEC. 3. FINDINGS AND PURPOSE.
(a) Findings.—Congress finds the following:
(1) A Federal Government free from corruption is essential
to maintaining public trust.
(2) Political corruption is fundamentally at odds with the
commitment to democratic self-government outlined in the
Constitution of the United States. The purpose of the
Constitution is to create a Government in which all powers
derive, in the words of James Madison, “from the great body
of the people.” The Federalist No. 39 (James Madison).
Corruption frustrates this purpose by privileging the
monetary interests of a private elite over the democratically
expressed will of the people.
(3) The Framers of the Constitution of the United States
recognized that corruption poses an existential threat to
self-government. George Mason, an influential participant in
the Constitutional Convention, told his fellow delegates
that, “if we do not provide against corruption, our
government will soon be at an end.” Notes of Robert Yates
(June 23, 1787), in 1 The Records of the Federal Convention
of 1787, at 391, 392 (Max Farrand ed., rev. ed. 1966) (1937).
Alexander Hamilton, in Federalist No. 68, explained that, in
the writing of the Constitution, “nothing was more to be
desired than that every practicable obstacle should be
opposed to cabal, intrigue, and corruption.”
(4) To protect the democracy principle of the Constitution
of the United States from this threat, the founding charter
of the United States is rife with anti-corruption measures.
In the article “The Anti-Corruption Principle”, Professor
Zephyr Teachout identifies 23 distinct constitutional
provisions aimed at preventing corruption. 94 Cornell L. Rev.
341, 354 (2009). Most prominently, the Constitution of the
United States forbids, pursuant to clause 8 of section 9 of
article I, Federal officials, including the President, from
receiving gifts “of any kind” from a foreign power without
congressional consent and provides, pursuant to section 4 of
article II, that the President should be removed from office
in cases of “bribery”.
(5) In defiance of these provisions, the Trump
administration has been marked by widespread corruption,
disregard for basic ethical standards, and repeated efforts
to weaken or take control of independent watchdog agencies to
protect the President, the allies of the President, and the
financial interests of the President from accountability.
(6) President Trump and the family and close supporters of
President Trump have leveraged the Government for personal
profit at the expense of the people of the United States.
(7) When public officials use governmental power to enrich
themselves, their families, and major donors—through self-
dealing, conflicts of interest, and preferential treatment—
those public officials violate their oath to the Constitution
of the United States, defy the democratically expressed will
of the people, distort markets, increase costs and financial
risks for families in the United States, undermine fair
competition for honest businesses, and erode public
confidence in democratic institutions.
(8) Systemic corruption and pay-to-play practices in the
executive branch function as a hidden tax on families in the
United States by driving up the prices those families pay for
essentials while channeling public resources and policy
favors toward special interests rather than the broader
public interest.
(9) The Constitution of the United States empowers
Congress, as the branch of Government with the most direct
relationship to the people, to enact laws providing for
strong anti-corruption enforcement and truly independent
investigative mechanisms, as these measures are essential to
defending democracy and protecting the economic well-being of
families in the United States.
(10) After the Watergate scandal, Congress exercised these
powers to create a system of independent watchdog agencies,
including the Federal Election Commission, the Office of
Government Ethics, and the Office of Special Counsel, to
prevent abuses of power, oversee money in politics, and
restore trust in Federal institutions. Today, these agencies
are failing to fulfill the missions of those agencies because
the agencies have been systematically weakened, particularly
during the Trump administration.
(11) Fifty years after Watergate, the Federal Election
Commission—the leading reform agency created during that
era—has been deliberately weakened, stalled by gridlock, and
influenced by the very interests the Commission is meant to
regulate. This includes the appointment of commissioners
opposed to the mission of the Commission, the removal of the
Chair of the Commission, and efforts to prevent the
Commission from maintaining a quorum.
(12) As a result, there is little meaningful enforcement of
Federal campaign finance laws, allowing Trump, affiliated
political committees, and others to violate or push the
limits of the law without consequence.
(13) The Ethics in Government Act of 1978, now codified as
chapter 131 of title 5, United States Code, established the
Office of Government Ethics to prevent conflicts of interest
and uphold public trust. The Trump administration, however,
weakened this office by removing a Senate-confirmed Director
mid-term, attacking inspectors general, and signaling that
ethics officials risk retaliation for doing their jobs.
(14) These actions are part of a broader strategy to treat
ethics rules as optional, reduce financial disclosure to a
formality, and allow the President, the inner circle of the
President, and family members of the President to benefit
from public office without meaningful oversight.
(15) The Office of Special Counsel, which is responsible
for protecting the merit-based civil service, enforcing the
Hatch Act (codified as subchapter III of chapter 73 of title
5, United States Code) and safeguarding whistleblowers, has
also been destabilized. This includes the removal of a
Senate-confirmed Special Counsel and the installation of
interim leadership that pursued politically driven
investigations, discouraging the reporting of wrongdoing.
(16) Across these agencies, a consistent pattern has
emerged: identify the watchdog, target the leadership of the
watchdog, shape appointments for political ends, and erode
the independence of the watchdog until the watchdog can no
longer effectively detect, prevent, or punish misconduct.
(17) These actions have accelerated the decline in public
confidence in ethical Government and accountability and have
put the foundation of democratic governance at risk.
(18) The Supreme Court of the United States has held that
Congress retains the power to create independent agencies,
but that these agencies must be both independent in fact and
appearance (see Trump v. Cook, No. 25A312, slip op. at 14
(U.S. June 29, 2026)), with functions that are “essentially
of an investigative and informative nature” (Buckley v.
Valeo, 424 U.S. 1, 137 (1976)), consistent with the holdings
of the Supreme Court regarding Congress establishing new
independent agencies (see Trump v. Slaughter, No. 25-332,
slip op. at 27 (U.S. June 29, 2026) (citing Buckley, 424 U.S.
1, 137-138)).
(19) Congress therefore finds it necessary to rebuild and
strengthen these institutions ensuring the institutions are
truly independent, in fact and appearance, protected from
similar abuses in the future, capable of enforcing the law in
practice and providing essential transparency into the
Government of the United States, and not easily undermined by
any single President or political party.
(b) Purpose.—The purposes of this Act are the following:
(1) To restore and strengthen the ability of the Federal
Government to prevent, detect, and address corruption,
conflicts of interest, abuses of power, and serious
violations of campaign finance, ethics, and civil service
laws.
(2) To facilitate recovering for the people of the United
States the money that has been pilfered through corruption.
(3) To rebuild and update the post-Watergate oversight
system so that Federal anti-corruption laws are enforced as
Congress intended, and that no administration—including the
Trump administration—can turn public service into personal
gain and easily weaken or take control of that system.
(4) To rebuild public trust in the Federal Government by
making clear that no one, regardless of position, is above
the law—and that the institutions responsible for enforcing
the law are strong enough to do so, even in the face of
determined efforts, such as those by Trump, to undermine
them.
(5) To close gaps in the law that have emerged over the
past 5 decades and update the post-Watergate framework to
address modern challenges, ensuring that future Presidents
and administrations cannot repeat the pattern seen during the
Trump administration of weakening or taking control of
independent oversight agencies.
(6) To create an independent establishment that is both
independent in fact and appearance, with functions that are
essentially of an investigative and informative nature,
consistent with the holdings of the Supreme Court of the
United States regarding Congress establishing new independent
agencies.
SEC. 4. DEFINITIONS.
In this Act:
(1) Bureau.—The term “Bureau” means the Anti-Corruption
Bureau established under section 201.
(2) Chair.—The term “Chair” means the member of the
Bureau designated as the Chair of the Bureau pursuant to
section 204(a).
(3) Fund.—The term “Fund” means the Freedom From
Influence Fund established under section 501(a).
(4) Panel.—The term “Panel” means the Blue Ribbon
Advisory Panel established under section 205(a).
(5) Vice chair.—The term “Vice Chair” means the member
of the Bureau elected to the position of Vice Chair of the
Bureau pursuant to section 204(b)(1).
TITLE I—PRIVATE RIGHT OF ACTION TO UNWIND CORRUPTION
SEC. 101. FINDINGS AND PURPOSE.
(a) Findings.—Congress finds the following:
(1) President Trump has earned not less than $2,000,000,000
since returning to the White House in 2025 according to a
recent financial disclosure—a stunning sum for a sitting
president. The New Yorker estimates that Donald Trump and the
immediate family of Donald Trump have made more than
$4,000,000,000 exploiting the presidency.
(2) These gains are from various, and extremely lucrative,
cryptocurrency ventures, timely stock trades, overseas deals,
and business and media ventures intractably linked to the
presidential role of Trump.
(3) The Trump administration cut a billion-dollar mining
deal with Kazakhstan to open one of the largest untapped
reserves in the world of tungsten—a critical metal used in
semiconductor manufacturing. The United States Government set
aside $1,600,000,000 to fund and finance the project. The
sons of Donald Trump have a stake in the deal.
(4) The sons of Donald Trump have also profited heavily
from investing in a huge portfolio of defense technology
start-ups that are benefitting from Pentagon contracts.
According to the Washington Post, more than a dozen firms
have reportedly generated “at least $3.2 billion in direct
government business since the sons invested and an additional
$3.1 billion in future contract options”.
(5) The Trump family has more than $1,000,000,000 in this
crypto fund that is tied to foreign governments. The largest
business partner in World Liberty Financial is a fund backed
by the United Arab Emirates, whose purchase of a 49 percent
stake in the company funneled $187,000,000 to the Trump
family.
(6) Elon Musk, the first trillionaire in the world, backed
Trump and Republicans with over $250,000,000 in election
spending. Less than a month into the new administration,
companies owned by Musk were already benefitting from the
support of those companies for Trump. The New York Times
reported that “Government investigations into Mr. Musk's
companies are stalling amid President Trump's firings and
Biden administration resignations.” Trump bestowed
unprecedented, and likely unlawful, authority to Musk to run
a so-called Department of Government Ethics (commonly known
as “DOGE”), where Musk diverted billions in taxpayer funds
to benefit the personal financial interests of Musk while
cutting Federal jobs, programs, and essential public
services. At the same time, Mr. Musk continued to oversee a
vast private business empire that depends heavily on
Government funding and has been tasked with handling the
conflicts of interest of Musk.
(7) Peter Thiel, a Republican megadonor, Vice President
J.D. Vance ally, and founder of Palantir, has raked in
billions in Government contracts since donating millions to
the campaigns of Trump and the allies of Trump. Since the
inauguration of Trump, Palantir has been awarded more than
$1,300,000,000 in Federal contracts, and Anduril, the defense
tech company heavily backed by Founders Fund, which was
founded by Thiel, signed a 10-year contract with the United
States Army potentially worth up to $20,000,000,000.
(8) These acts of corruption have come at the expense of
the people of the United States—investors and consumers
defrauded, taxpayers fleeced by paying for no-bid contracts,
and victims unable to recover money they are owed because of
corrupt pardons, among other direct costs to the public in
the United States.
(9) When Government officials exploit those positions to
benefit themselves, their relatives, or powerful donors—
through self-interested deals, undisclosed conflicts, or
favoritism—those officials warp market incentives, raise
costs and risks for everyday individuals in the United
States, disadvantage law-abiding businesses, and weaken
public trust in democratic governance.
(10) The money pilfered to line the pockets of the wealthy
and the well-connected belongs to the people of the United
States. Private litigation can be a tool to recuperate what
has been stolen—these funds should be clawed back and
returned to the people of the United States.
(b) Purposes.—It is the purpose of this title to
strengthen enforcement against corruption-related violations
by authorizing private persons, including attorneys general
of States, to bring civil actions in the name of the United
States and to share in recoveries obtained through those
actions.
SEC. 102. DEFINITIONS.
In this title:
(1) Adult child.—The term “adult child” means a child
who has attained 18 years of age.
(2) Covered person.—The term “covered person” means—
(A) the President, the Vice President, the spouse or adult
child of the President or Vice President, or the spouse of an
adult child of the President or Vice President;
(B) any individual serving in a position specified in
section 5312 of title 5, United States Code, including any
individual serving in that position in an acting capacity;
(C) any individual working in the Executive Office of the
President who is compensated at a rate of pay at or above
level II of the Executive Schedule under section 5313 of
title 5, United States Code;
(D) any individual serving as a special Government
employee, as defined in section 202 of title 18, United
States Code;
(E) any Assistant Attorney General and any individual
working in the Department of Justice who is compensated at a
rate of pay at or above level III of the Executive Schedule
under section 5314 of title 5, United States Code;
(F) the Director of Central Intelligence, the Deputy
Director of Central Intelligence, and the Commissioner of
Internal Revenue;
(G) the chairman and treasurer of the principal campaign
committee seeking the election or reelection of the
President, and any officer of that committee exercising
authority at the national level, during the incumbency of the
President;
(H) any contractor, as defined in section 7101 of title 41,
United States Code; and
(I) any individual who held an office or position described
in subparagraph (A), (B), (C), (D), (E), (F), (G), or (H) for
1 year after leaving the office or position.
(3) Covered violation.—The term “covered violation”
means a violation of section 103(a).
(4) Personal enrichment.—The term “personal enrichment”
means any money or other thing of value inuring to the
benefit of a covered person.
SEC. 103. CIVIL LIABILITY FOR CORRUPTION-RELATED VIOLATIONS.
(a) Prohibition.—It shall be unlawful for any covered
person to, in connection with the receipt, use, or control of
public funds, property, or authority, engage in any conduct
that, directly or indirectly, corruptly uses the office or
position of the covered person to obtain personal enrichment
for the covered person, or demands, seeks, receives, accepts,
or agrees to receive or accept any thing of value to further
such corrupt purpose, in an aggregate amount, whether
monetary or otherwise, in excess of $50,000.
(b) Penalty.—Any covered person who commits a covered
violation shall be liable to the United States Government
for—
(1) a civil penalty of not less than $50,000 for each
covered violation, which shall be adjusted in accordance with
the Federal Civil Penalties Inflation Adjustment Act of 1990
(28 U.S.C. 2461 note);
(2) disgorgement of the personal enrichment derived from
the covered violation, together with prejudgment interest;
and
(3) three times the amount of damages that the United
States Government sustains as a result of the covered
violation.
(c) Separate Violations.—For purposes of subsection
(b)(1), each transaction or course of conduct through which a
covered person obtains personal enrichment constitutes a
separate covered violation.
SEC. 104. PRIVATE RIGHT OF ACTION.
(a) In General.—
(1) Action.—A person, including an attorney general of a
State acting as parens patriae, may bring a civil action in
an appropriate district court of the United States for a
covered violation for the person and for the United States
Government, and the action shall be brought in the name of
the United States Government.
(2) Voluntary dismissal.—An action brought under paragraph
(1) may be voluntarily dismissed only if the court and the
Chair give written consent to the dismissal and their reasons
for consenting.
(b) Initial Procedure.—
(1) Notice.—A copy of the complaint and written disclosure
of substantially all material evidence and information the
person possesses shall be served on the Government pursuant
to rule 4(i) of the Federal Rules of Civil Procedure.
(2) Protection of complaint.—The complaint shall be filed
in camera, shall remain under seal for not fewer than 60
days, and shall not be served on the defendant until the
court so orders.
(3) Intervention.—The Government may elect to intervene in
an action brought under subsection (a)(1) and proceed with
the action within 60 days after the Government receives both
the complaint and the material evidence and information.
(c) Response to Complaint.—
(1) Extension of seal.—
(A) In general.—The Government may, for good cause shown,
move the court for extensions of the time during which the
complaint remains under seal under subsection (b)(2).
(B) Affidavits and submissions.—Any motion under
subparagraph (A) may be supported by affidavits or other
submissions in camera.
(2) Response.—The defendant shall not be required to
respond to any complaint filed under this section until 20
days after the complaint is unsealed and served upon the
defendant pursuant to rule 4 of the Federal Rules of Civil
Procedure.
(d) Conduct of Action.—Before the expiration of the 60-day
period or any extensions obtained under subsection (c), the
Government shall—
(1) proceed with the action, in which case—
(A) the action shall be conducted by the Government; and
(B) the person bringing the action under subsection (a)(1)
shall have the right to continue as a party to the action; or
(2) notify the court that the Government declines to take
over the action, in which case the person bringing the action
under subsection (a)(1) shall have the right to conduct the
action.
(e) No Further Intervention or Action Permitted.—When a
person brings an action under this section, no person other
than the Government may intervene or bring a related action
based on the facts underlying the pending action.
(f) Equitable Relief.—In an action for a covered violation
under this section, the court may—
(1) impose a constructive trust upon, or order an
accounting of, any property traceable to any personal
enrichment derived from a covered violation;
(2) rescind, or declare void, any contract, lease, license,
or other transaction procured by means of a covered
violation, on such terms as the court determines equitable to
protect the interests of any third party that acted in good
faith; and
(3) order such other equitable relief as the court
determines appropriate to prevent the retention of any
benefit of a covered violation.
(g) Statute of Limitations.—
(1) In general.—A civil action under this section may not
be brought more than 10 years after the date on which the
covered violation is committed.
(2) Applicable conduct.—A civil action under this section
may be brought for a covered violation that occurred on or
before the date of enactment of this Act, including a covered
violation that occurred on or after January 20, 2025,
provided that the civil action shall be required to meet the
statute of limitations under paragraph (1).
(h) Frivolous Claims.—If the Government does not proceed
with the action and the defendant prevails, the court may
award the defendant its reasonable attorneys' fees and
expenses against the person bringing the action upon a
finding that the claim was clearly frivolous, clearly
vexatious, and brought primarily for purposes of harassment.
(i) Definition of Government.—
(1) In general.—For purposes of this section, the term
“Government” means the Bureau, acting through the general
counsel of the Bureau.
(2) Rule of construction.—For purposes of this section, an
election, motion, or consent by the Bureau shall constitute
the election, motion, or consent of the United States
Government.
SEC. 105. AWARD TO PLAINTIFFS.
(a) Government Proceeds With Action.—If the Government
proceeds with an action brought by a person under section
104, the court shall award the person not less than 15
percent and not more than 25 percent of the proceeds of the
action or settlement of the action, depending upon the extent
to which the person substantially contributed to the
prosecution of the action.
(b) Cases in Which Government Does Not Proceed.—If the
Government does not proceed with an action brought by a
person under section 104, the court shall award the person
not less than 25 percent and not more than 30 percent of the
proceeds of the action or settlement of the action.
(c) Fees, Expenses, and Costs.—The court shall award the
reasonable attorneys' fees, expenses, and costs of the person
bringing the action under section 104, which shall be paid
out of the proceeds of the action or settlement of the action
prior to any distribution to the United States Government.
(d) Definition of Government.—
(1) In general.—For purposes of this section, the term
“Government” means the Bureau, acting through the general
counsel of the Bureau.
(2) Rule of construction.—For purposes of this section, an
election, motion, or consent by the Bureau shall constitute
the election, motion, or consent of the United States
Government.
SEC. 106. SEVERABILITY.
If any provision of this title, or the application of any
provision to any person or circumstance, is held invalid, the
remainder of this title, and the application of the provision
to other persons or circumstances, shall not be affected by
the invalidation.
TITLE II—ESTABLISHMENT OF ANTI-CORRUPTION BUREAU
SEC. 201. ESTABLISHMENT OF BUREAU.
There is established in the executive branch the Anti-
Corruption Bureau, which shall be an independent
establishment (as defined in section 104 of title 5, United
States Code).
SEC. 202. MEMBERSHIP.
(a) Composition.—The Bureau shall be composed of 7 members
appointed by the President, by and with the advice and
consent of the Senate.
(b) Initial Appointment.—
(1) In general.—Subject to paragraph (2), the members of
the Bureau first taking office after the date of enactment of
this Act shall be appointed by the President, by and with the
advice and consent of the Senate, not later than 180 days
after the date of enactment of this Act.
(2) Failure to nominate.—If the President fails to submit
a nomination of an individual for appointment to the Bureau
before the date required under paragraph (1), the division of
the court specified in section 50 of title 28, United States
Code, as added by this Act, shall appoint an appropriate
individual to fill that vacancy in the same manner as
provided for temporary members of the Bureau under section
203(f) of this title.
(c) Joint Referral.—
(1) In general.—The Committee on Rules and Administration
of the Senate and the Committee on Homeland Security and
Governmental Affairs of the Senate shall have joint
jurisdiction over any nomination of an individual nominated
by the President to be a member of the Bureau.
(2) Report of nominations.—If one committee votes to order
reported a nomination
described in paragraph (1), the other committee shall report
the nomination not later than 30 calendar days thereafter or
be automatically discharged.
(d) Political Balance.—
(1) In general.—Not more than 3 members of the Bureau may
be affiliated with the same political party.
(2) Treatment.—For purposes of paragraph (1), an
individual shall be deemed affiliated with a political party
if the individual was affiliated, including as a registered
voter, employee, consultant, or officer, with the political
party or any of the candidates or elected public officials of
the political party at any time during the 5-year period
ending on the date on which the individual is nominated to be
a member of the Bureau.
(e) Independent Member.—Not fewer than 1 member of the
Bureau shall be unaffiliated with any political party during
the 5-year period ending on the date on which the individual
is nominated to be a member of the Bureau.
(f) Qualifications.—In appointing members of the Bureau
under subsection (a), the President shall select individuals
who have demonstrated—
(1) expertise in election law, Government ethics, criminal
law, administrative law, whistleblower protection, or other
relevant disciplines relating to public integrity and anti-
corruption enforcement; and
(2) records of integrity, impartiality, and good judgment.
(g) Prohibition on Outside Business, Vocation, or
Employment.—Members of the Bureau shall not—
(1) engage in any other business, vocation, or employment;
or
(2) hold any other concurrent position within the Federal
Government.
(h) Quorum.—
(1) In general.—Subject to paragraph (2), a quorum of the
Bureau shall consist of 3 members.
(2) Requirement.—The Bureau may not take any action if
more than \1/2\ of the members of the Bureau in attendance
are affiliated with the same political party due to any
vacancy.
SEC. 203. TERMS OF SERVICE.
(a) Term.—Each member of the Bureau shall be appointed for
a single term of 6 years, except as provided in subsections
(b) and (c).
(b) Initial Staggering.—The terms of office of the members
of the Bureau first taking office after the date of enactment
of this Act shall expire, as designated by the President at
the time of the appointment of the members, as follows:
(1) Two such terms shall expire at the end of 2 years.
(2) Two such terms shall expire at the end of 4 years.
(3) Three such terms shall expire at the end of 6 years.
(c) Reappointment.—A member of the Bureau appointed to an
initial term of fewer than 6 years may be reappointed to 1
additional term of 6 years.
(d) Vacancies.—Any member of the Bureau appointed to fill
a vacancy occurring before the expiration of the term for
which the predecessor was appointed shall be appointed only
for the remainder of that term.
(e) Limitation on Service After Expiration of Term.—A
member of the Bureau may continue to serve on the Bureau
after the expiration of the term of the member for an
additional period, but only until the earlier of—
(1) the date on which a successor for the member has taken
office as a member of the Bureau; or
(2) the expiration of the 60-day period that begins on the
last day of the term of the member.
(f) Appointment of Temporary Members.—
(1) Appointment.—For any period in which there is a
vacancy on the Bureau, the division of the court specified in
section 50 of title 28, United States Code, as added by this
Act, shall appoint an appropriate individual to fill the
vacancy not later than 14 days after the date on which the
vacancy first occurs, consistent with the requirements under
section 202, except that the individual shall be required to
be a retired justice or judge of the United States.
(2) Powers and privileges.—
(A) In general.—Any member of the Bureau appointed to fill
a vacancy under paragraph (1) shall be entitled to the same
powers and privileges as those members of the Bureau
appointed by the President, by and with the advice and
consent of the Senate.
(B) Powers and privileges of the chair.—Any member of the
Bureau appointed to fill a vacancy in the position of Chair
under paragraph (1) shall be entitled to the same powers and
privileges as the Chair under section 204(d).
(3) Termination.—The temporary term of any member of the
Bureau appointed to fill a vacancy under paragraph (1) shall
end on the date on which the successor of the member has
taken office as a member of the Bureau consistent with the
requirements under section 202.
(g) Compensation.—Members of the Bureau shall be paid at
an annual rate of pay equal to the annual rate in effect for
level II of the Executive Schedule under section 5313 of
title 5, United States Code.
(h) Recusal.—A member of the Bureau shall recuse himself
or herself from consideration of, or participation in, any
matter pending before the Bureau that would constitute a
conflict of interest.
SEC. 204. CHAIR; VICE CHAIR.
(a) Appointment of Chair.—
(1) Initial appointment.—Of the members of the Bureau
first appointed to serve, one such member (as designated by
the President at the time the President submits nominations
to the Senate) shall serve as Chair of the Bureau.
(2) Subsequent appointments.—Any individual who is
appointed to succeed the member who serves as Chair (as well
as any individual who is appointed to fill a vacancy in the
position of Chair) shall serve as Chair.
(b) Selection of Vice Chair.—
(1) In general.—The Bureau shall select, by majority vote
of its members, one of its members to serve as Vice Chair.
(2) Absence or disability of the chair.—The Vice Chair
shall act as Chair in the absence or disability of the Chair.
(c) Requirement Relating to Independence of Vice Chair.—If
the Chair is affiliated with a political party, the Vice
Chair shall be required to be a member of the Bureau who is
not affiliated with any political party.
(d) Powers Assigned to Chair.—
(1) Administrative powers.—The Chair—
(A) shall be the chief administrative officer of the
Bureau;
(B) shall have the authority to administer the Bureau and
the staff of the Bureau; and
(C) in consultation with the other members of the Bureau,
shall have the authority to—
(i) in accordance with section 203, appoint and remove the
staff and the staff director of the Bureau;
(ii) request the assistance (including personnel and
facilities) of any other agency or department of the United
States, whose heads shall make such assistance available to
the Bureau with or without reimbursement; and
(iii) prepare and establish the budget of the Bureau and
make budget requests to the President, the Director of the
Office of Management and Budget, and Congress.
(2) Other powers.—The Chair shall have the power to—
(A) appoint and remove the general counsel of the Bureau
with the concurrence of not fewer than 2 other members of the
Bureau;
(B) require by special or general orders, any person to
submit, under oath, such written reports and answers to
questions as the Chair may prescribe;
(C) administer oaths or affirmations;
(D) require by subpoena, signed by the Chair, the
attendance and testimony of witnesses and the production of
all documentary evidence relating to the execution of the
duties of the Bureau;
(E) in any proceeding or investigation, order testimony to
be taken by deposition before any person who is designated by
the Chair, and shall have the power to administer oaths and,
in such instances, to compel testimony and the production of
evidence in the same manner as authorized under subparagraph
(D); and
(F) pay witnesses the same fees and mileage as are paid in
like circumstances in the courts of the United States.
SEC. 205. BLUE RIBBON ADVISORY PANEL.
(a) Establishment.—There is established a Blue Ribbon
Advisory Panel to recommend individuals for appointment to
the Bureau.
(b) Convening.—
(1) In general.—On or before the date that is 90 days
before the regularly scheduled expiration of the term of a
member of the Bureau, or upon the occurrence of a vacancy in
the membership of the Bureau prior to the expiration of a
term, as applicable, the President shall promptly convene the
Panel to propose nominees for membership on the Bureau.
(2) Special requirement to convene following enactment.—
Not later than 14 days after the date of enactment of this
Act, the President shall convene the Panel to propose
nominees for membership on the Bureau for each member of the
Bureau.
(c) Membership of the Blue Ribbon Advisory Panel.—
(1) Composition.—The Panel shall be composed of 11 members
appointed by the President, in consultation with—
(A) the majority leader of the Senate; and
(B) the minority leader of the Senate.
(2) Political balance.—Members of the Panel shall include
individuals representing each major political party and
individuals who are not affiliated with any political party,
and may include distinguished scholars, retired members of
the Federal judiciary, former law enforcement officials, or
individuals having experience with and knowledge of election
and anti-corruption laws, except that the President may not
select any individual to serve on the Panel who holds any
public office at the time of selection.
(3) Diversity.—In selecting members of the Panel, the
President shall make reasonable efforts to encourage racial,
ethnic, and gender diversity on the Panel.
(d) Duties.—The Panel shall—
(1) identify and evaluate individuals qualified to serve as
members of the Bureau;
(2) submit to the President a list of recommended
individuals for each vacancy on the Bureau, anticipated
vacancy on the Bureau, or initial appointment to the Bureau;
and
(3) submit a report describing the qualifications of each
recommended individual for appointment to the Bureau.
(e) Timing.—The Panel shall submit recommendations to the
President for appointment to the Bureau not later than 90
days after the date on which the Panel is convened.
(f) Public Disclosure.—The recommendations and report
submitted under paragraphs (2) and (3) of subsection (d),
respectively, shall be made public upon transmittal to the
President.
(g) Presidential Nominations.—If the President submits to
the Senate a nomination of an individual not included in the
recommendations of the Panel submitted under subsection
(d)(2), the President shall, at the time of such submission
to the Senate, provide a written explanation of the reasons
for the nomination.
SEC. 206. REMOVAL; NOTICE TO CONGRESS.
(a) In General.—Not later than 5 days after removing a
member of the Bureau from such position, the President shall
submit to the Committee on Rules and Administration and the
Committee on Homeland Security and Governmental Affairs of
the Senate and the Committee on House Administration and the
Committee on Oversight and Government Reform of the House of
Representatives a written statement of the reasons for
removal of the member.
(b) Hearings.—
(1) In general.—If the President fails to timely submit a
statement under subsection (a), or if the statement does not
set forth specific, detailed reasons for removal of the
member of the Bureau, the committees described in subsection
(a) shall conduct joint oversight hearings on the removal of
the member of the Bureau for which a statement was required
not later than 60 days after the missed submission deadline.
(2) Witnesses.—Any member of the Bureau for which a
statement was required under subsection (a) but was not
timely or appropriately submitted shall appear as a witness
during a joint hearing under paragraph (1).
TITLE III—POWERS AND DUTIES OF ANTI-CORRUPTION BUREAU
SEC. 301. POWERS AND DUTIES OF THE BUREAU.
(a) In General.—The Bureau shall—
(1) administer, seek to obtain compliance with, enforce,
and formulate policy with respect to Federal laws relating
to—
(A) campaign finance;
(B) ethics in Government;
(C) conflicts of interest;
(D) financial disclosure by Government officers and
employees; and
(E) whistleblower protection;
(2) have exclusive jurisdiction with respect to civil
enforcement of—
(A) this Act and any regulation promulgated under this Act;
(B) the Federal Election Campaign Act of 1971 (52 U.S.C.
30101 et seq.);
(C) chapters 95 and 96 of the Internal Revenue Code of
1986;
(D) subchapter II of chapter 12 of title 5, United States
Code; and
(E) chapter 131 of title 5, United States Code; and
(3) recover proceeds from corrupt activities carried out in
violation of the Federal laws described in paragraph (1) for
victims of such activities and taxpayers in the United States
through use of existing Federal authorities.
(b) Powers Assigned to Bureau.—The Bureau shall have the
power to—
(1) initiate (through civil actions for injunctive,
declaratory, or other appropriate relief), defend or appeal
(including a proceeding before the Supreme Court on
certiorari) any civil action in the name of the Bureau to
enforce the provisions of this Act, the Federal Election
Campaign Act of 1971 (52 U.S.C. 30101 et seq.), chapters 95
and 96 of the Internal Revenue Code of 1986, subchapter II of
chapter 12 of title 5, United States Code, and chapter 131 of
title 5, United States Code, through the general counsel of
the Bureau;
(2) render advisory opinions with respect to the provisions
of law described in subsection (a)(2);
(3) develop such prescribed forms and to make, amend, and
repeal such rules, pursuant to the provisions of chapter 5 of
title 5, United States Code, as are necessary to carry out
the provisions of this Act, the Federal Election Campaign Act
of 1971 (52 U.S.C. 30101 et seq.), chapters 95 and 96 of the
Internal Revenue Code of 1986, subchapter II of chapter 12 of
title 5, United States Code, and chapter 131 of title 5,
United States Code;
(4) conduct investigations and hearings expeditiously, to
encourage voluntary compliance with, to impose appropriate
civil penalties under, and to report apparent criminal
violations to the appropriate law enforcement authorities of,
as applicable, this Act, the Federal Election Campaign Act of
1971 (52 U.S.C. 30101 et seq.), chapters 95 and 96 of the
Internal Revenue Code of 1986, subchapter II of chapter 12 of
title 5, United States Code, and chapter 131 of title 5,
United States Code; and
(5) transmit to the President and Congress not later than
June 1 of each year a report that—
(A) states in detail the activities of the Bureau in
carrying out the duties of the Bureau under this Act, the
Federal Election Campaign Act of 1971 (52 U.S.C. 30101 et
seq.), chapters 95 and 96 of the Internal Revenue Code of
1986, subchapter II of chapter 12 of title 5, United States
Code, and chapter 131 of title 5, United States Code; and
(B) includes any recommendations for any legislative or
other action the Bureau considers appropriate.
(c) Permitting Bureau to Exercise Other Powers of Chair.—
With respect to any investigation, action, or proceeding, the
Bureau, by an affirmative vote of a majority of the members
who are serving at the time, may exercise any of the powers
of the Chair described in 204(d).
(d) Staff-initiated Actions.—
(1) Procedures.—The Bureau shall establish procedures
under which career, nonpartisan staff of the Bureau may
determine whether there is reason to believe a violation of
Federal law described in subsection (a)(1) has occurred.
(2) Initiation of investigation.—Upon such a determination
by career, nonpartisan staff of the Bureau that a violation
of Federal law described in subsection (a)(1) has occurred,
staff of the Bureau may initiate an investigation of the
violation unless, within a reasonable period established by
regulation, a majority of the members of the Bureau votes to
prohibit the investigation.
(3) Ethics and whistleblower protections.—The Bureau shall
establish comparable procedures to those established under
paragraphs (1) and (2) for investigation into matters
relating to ethics and whistleblower protections.
(e) Meetings.—The Bureau shall meet—
(1) not less frequently than once each month; and
(2) at the call of any member of the Bureau.
(f) Rules for Conduct of Activities; Judicial Notice of
Seal; Principal Office.—The Bureau shall—
(1) prepare written rules for the conduct of the activities
of the Bureau;
(2) have an official seal that shall be judicially noticed;
and
(3) have its principal office in or near the District of
Columbia (but may meet or exercise any of the powers of the
Bureau anywhere in the United States).
(g) Restrictions on Ex Parte Communications.—Not later
than 180 days after the date of enactment of this Act, the
Bureau shall promulgate regulations relating to limitations
on ex parte communications by members and employees of the
Bureau.
(h) Prohibition on Executive Branch Influence Over Bureau
Activities.—
(1) Prohibition.—It shall be unlawful for any applicable
person to—
(A) exercise any power or carry out any duty of the Bureau
under this Act on the basis of political or partisan animus;
or
(B) request that any member or employee of the Bureau,
directly or indirectly, exercise any power or carry out any
duty of the Bureau under this Act on the basis of political
or partisan animus.
(2) Reporting requirement.—Any member of the Bureau who
receives any request prohibited under paragraph (1)(B) shall
report the receipt of such request to the Chair.
(3) Penalty.—Any person who willfully violates paragraph
(1) or fails to report under paragraph (2) shall be punished
upon conviction by a fine in any amount not exceeding
$50,000, or imprisonment of not more than 5 years, or both,
together with the costs of prosecution.
(4) Definition.—For purposes of this section, the term
“applicable person” means—
(A) the President, the Vice President, any employee of the
executive office of the President, and any employee of the
executive office of the Vice President; and
(B) any individual serving in a position specified in
section 5312 of title 5, United States Code.
(i) Private Right of Action.—
(1) In general.—Any person, including an attorney general
of a State acting as parens patriae, aggrieved by an order of
the Bureau dismissing a complaint or other referral for
Bureau action filed by such party under any provision of law
described in subsection (a)(2), or by a failure of the Bureau
to act on such complaint or other referral during the 120-day
period beginning on the date the complaint is filed, may file
a petition with the United States District Court for the
District of Columbia.
(2) Procedure.—Any petition under paragraph (1) shall be
filed, in the case of a dismissal of a complaint or other
referral for Bureau action by the Bureau, within 60 days
after the date of the dismissal.
(3) Orders by the court.—In any proceeding under this
subsection the court may declare that the dismissal of the
complaint or the failure to act is contrary to law, and may
direct the Bureau to conform with such declaration within 30
days, failing which the complainant may bring, in the name of
such complainant, a civil action to remedy the violation
involved in the original complaint.
(4) Attorneys' fees.—In a civil action under this
subsection, the court may allow the prevailing party (other
than the Bureau) reasonable attorneys' fees, including
litigation expenses, and costs.
(5) Rule of construction.—Nothing in this subsection shall
be construed to supplant the provisions of section 309(a)(8)
of the Federal Election Campaign Act of 1971 (52 U.S.C.
30109(a)(8)).
(j) Campaign Finance Powers and Duties.—
(1) Standard for initiating investigations and determining
whether violations have occurred.—
(A) Revision of standards.—Section 309(a) of the Federal
Election Campaign Act of 1971 (52 U.S.C. 30109(a)) is amended
by striking paragraphs (2) and (3) and inserting the
following:
“(2)(A) The general counsel, upon receiving a complaint
filed with the Bureau under paragraph (1) or upon the basis
of information ascertained by the Bureau in the normal course
of carrying out its supervisory responsibilities, shall make
a determination as to whether or not there is reason to
believe
that a person has committed, or is about to commit, a
violation of this Act or chapter 95 or chapter 96 of the
Internal Revenue Code of 1986, and as to whether or not the
Bureau should either initiate an investigation of the matter
or that the complaint should be dismissed. The general
counsel shall promptly provide notification to the Bureau of
such determination and the reasons therefore, together with
any written response submitted under paragraph (1) by the
person alleged to have committed the violation. Upon the
expiration of the 30-day period that begins on the date the
general counsel provides such notification, the determination
of the general counsel shall take effect, unless during such
30-day period the Bureau, by vote of a majority of the
members of the Bureau who are serving at the time, overrules
the determination of the general counsel. If the
determination by the general counsel that the Bureau should
investigate the matter takes effect, or if the determination
by the general counsel that the complaint should be dismissed
is overruled as provided under the previous sentence, the
general counsel shall initiate an investigation of the matter
on behalf of the Bureau.
“(B) If the Bureau initiates an investigation pursuant to
subparagraph (A), the Bureau, through the Chair, shall notify
the subject of the investigation of the alleged violation.
Such notification shall set forth the factual basis for such
alleged violation. The Bureau shall make an investigation of
such alleged violation, which may include a field
investigation or audit, in accordance with the provisions of
this section. The general counsel shall provide notification
to the Bureau of any intent to issue a subpoena or conduct
any other form of discovery pursuant to the investigation.
Upon the expiration of the 15-day period that begins on the
date the general counsel provides such notification, the
general counsel may issue the subpoena or conduct the
discovery, unless during such 15-day period the Bureau, by
vote of a majority of the members of the Bureau who are
serving at the time, prohibits the general counsel from
issuing the subpoena or conducting the discovery.
“(3)(A) Upon completion of an investigation under
paragraph (2), the general counsel shall promptly submit to
the Bureau the recommendation of the general counsel that the
Bureau find either that there is probable cause or that there
is not probable cause to believe that a person has committed,
or is about to commit, a violation of this Act or chapter 95
or chapter 96 of the Internal Revenue Code of 1986, and shall
include with the recommendation a brief stating the position
of the general counsel on the legal and factual issues of the
case.
“(B) At the time the general counsel submits to the Bureau
the recommendation under subparagraph (A), the general
counsel shall simultaneously notify the respondent of such
recommendation and the reasons therefore, shall provide the
respondent with an opportunity to submit a brief within 30
days stating the position of the respondent on the legal and
factual issues of the case and replying to the brief of the
general counsel. The general counsel and shall promptly
submit such brief to the Bureau upon receipt.
“(C) Not later than 30 days after the general counsel
submits the recommendation to the Bureau under subparagraph
(A) (or, if the respondent submits a brief under subparagraph
(B), not later than 30 days after the general counsel submits
the respondent's brief to the Bureau under such
subparagraph), the Bureau shall approve or disapprove the
recommendation by vote of a majority of the members of the
Bureau who are serving at the time.”.
(B) Conforming amendment relating to initial response to
filing of complaint.—Section 309(a)(1) of the Federal
Election Campaign Act of 1971 (52 U.S.C. 30109(a)(1)) is
amended—
(i) in the third sentence, by striking “the Commission”
and inserting “the general counsel”; and
(ii) by amending the fourth sentence to read as follows:
“Not later than 15 days after receiving notice from the
general counsel under the previous sentence, the person may
provide the general counsel with a written response that no
action should be taken against such person on the basis of
the complaint.”.
(2) Revision of standard for review of dismissal of
complaints.—
(A) In general.—Section 309(a)(8) of the Federal Election
Campaign Act of 1971 (52 U.S.C. 30109(a)(8)) is amended to
read as follows:
“(8)(A)(i) Any party aggrieved by an order of the Bureau
dismissing a complaint filed by such party after finding
either no reason to believe a violation has occurred or no
probable cause a violation has occurred may file a petition
with the United States District Court for the District of
Columbia. Any petition under this subparagraph shall be filed
within 60 days after the date on which the party received
notice of the dismissal of the complaint.
“(ii) In any proceeding under this subparagraph, the court
shall determine by de novo review whether the dismissal by
the Bureau of the complaint is contrary to law. In any matter
in which the penalty for the alleged violation is greater
than $50,000, the court should disregard any claim or defense
by the Bureau of prosecutorial discretion as a basis for
dismissing the complaint.
“(B)(i) Any party who has filed a complaint with the
Bureau and who is aggrieved by a failure of the Bureau,
within 1 year after the filing of the complaint, to either
dismiss the complaint or to find reason to believe a
violation has occurred or is about to occur, may file a
petition with the United States District Court for the
District of Columbia.
“(ii) In any proceeding under this subparagraph, the court
shall treat the failure to act on the complaint as a
dismissal of the complaint, and shall determine by de novo
review whether the failure by the Bureau to act on the
complaint is contrary to law.
“(C) In any proceeding under this paragraph, the court may
declare that the dismissal of the complaint or the failure to
act is contrary to law, and may direct the Bureau to conform
with such declaration within 30 days, failing which the
complainant may bring, in the name of such complainant, a
civil action to remedy the violation involved in the original
complaint.”.
(B) Effective date.—The amendments made by subparagraph
(A) shall apply—
(i) in the case of complaints that are dismissed by the
Bureau, with respect to complaints that are dismissed on or
after the date of the enactment of this Act; and
(ii) in the case of complaints upon which the Bureau failed
to act, with respect to complaints that were filed on or
after the date of the enactment of this Act.
(k) Government Ethics Powers and Duties.—
(1) Enforcement powers.—Chapter 131 of title 5, United
States Code, is amended—
(A) in section 13104(f)(6)(C), by striking “The Attorney
General” and inserting “The Anti-Corruption Bureau” each
place the term appears;
(B) in section 13106—
(i) in subsection (a)(1), by striking “The Attorney
General” and inserting “The Anti-Corruption Bureau”; and
(ii) in subsection (b)—
(I) in the subsection heading, by striking “Attorney
General” and inserting “Anti-Corruption Bureau”;
(II) by striking “the Director of the Office of Government
Ethics,”; and
(III) by striking “the Attorney General” each place that
terms appears and inserting “the Anti-Corruption Bureau”;
(C) in section 13107(c)(2), by striking “The Attorney
General” and inserting “The Anti-Corruption Bureau”; and
(D) in section 13145(a), by striking “The Attorney
General” and inserting “The Anti-Corruption Bureau”.
(2) Definitions.—
(A) In general.—Section 13121 of title 5, United States
Code, is amended—
(i) in the section heading, by striking “Establishment”
and inserting “Definitions; establishment”;
(ii) by amending subsection (a) to read as follows:
“(a) Definitions.—In this subchapter:
“(1) Agency; executive agency.—The terms `agency' and
`executive agency' shall include the Executive Office of the
President.
“(2) Agency head; head of agency.—The terms `agency head'
and `head of an agency' shall include the President or the
President's designee.
“(3) Bureau.—The term `Bureau' means the Anti-Corruption
Bureau established under section 201 of the Anti-Corruption
Bureau Creation Act.
“(4) Officer or employee.—The term `officer or employee'
shall include any individual occupying a position, providing
any official services, or acting in an advisory capacity, in
the White House or the Executive Office of the President.”;
(iii) by striking subsection (b);
(iv) by redesignating subsection (c) as subsection (b); and
(v) in subsection (b), as so redesignated—
(I) in the subsection heading, by striking “Director” and
inserting “Bureau”; and
(II) by striking “Director” and inserting “Bureau” each
place the term appears.
(B) Table of sections.—The table of sections for chapter
131 of title 5, United States Code, is amended in the item
relating to section 13121, by striking “Establishment” and
inserting “Definitions; establishment”.
(3) Overall direction.—Section 13122 of title 5, United
States Code, is amended by striking subsection (a) and
inserting the following:
“(a) In General.—The Bureau—
“(1) shall provide overall direction of executive branch
policies related to ethics and preventing conflicts of
interest on the part of officers and employees of any
Executive agency, as defined in section 105 of this title;
and
“(2) shall have the authority to—
“(A) conduct investigations into alleged violations of
executive branch policies described in paragraph (1), either
in response to a complaint filed with the Bureau or sua
sponte;
“(B) issue administrative fines to individuals for
violations of executive branch policies described in
paragraph (1);
“(C) order individuals to take corrective action,
including disgorgement, divestiture, and recusal, as the
Bureau determines necessary to enforce the executive branch
policies described in paragraph (1); and
“(D) bring civil actions in an appropriate district court
to enforce fines and orders described in subparagraphs (B)
and (C), respectively.”.
(4) Responsibilities of the bureau.—Section 13122(b) of
title 5, United States Code, is amended—
(A) in the subsection heading, by striking “Director” and
inserting “Anti-Corruption Bureau”;
(B) in paragraph (1), by striking “developing, in
consultation with the Attorney General and the Office of
Personnel Management, rules and regulations to be promulgated
by the President or the Director” and inserting “developing
and promulgating rules and regulations”;
(C) by striking paragraph (2) and inserting the following:
“(2) providing mandatory education and training programs
for designated agency ethics officials, which may be
delegated to each agency or the White House Counsel as
determined appropriate by the Bureau;”;
(D) in paragraph (4), by striking “problems” and
inserting “issues”;
(E) in paragraph (6)—
(i) by striking “issued by the President or the
Director”; and
(ii) by striking “problems” and inserting “issues”;
(F) in paragraph (7)—
(i) by striking “, when requested,”; and
(ii) by striking “conflict of interest problems” and
inserting “conflicts of interest, as well as other ethics
issues,”;
(G) in paragraph (9)—
(i) by striking “ordering” and inserting “receiving
allegations of violations of this Act or regulations of the
Bureau and, when necessary, investigating an allegation to
determine whether a violation occurred, and ordering”;
(ii) by striking “Director” and inserting “Bureau”; and
(iii) by inserting “, and recommending appropriate
disciplinary action” before the semicolon at the end;
(H) in paragraph (10), by striking “Director” and
inserting “Bureau”;
(I) in paragraph (12)—
(i) by striking “evaluating, with the assistance of” and
inserting “promulgating, with input from”;
(ii) by striking “the need for”;
(iii) by striking “Director” and inserting “Bureau”;
and
(iv) by striking “conflict of interest and ethical
problems” and inserting “conflict of interest and ethics
issues”;
(J) in paragraph (13)—
(i) by striking “with the Attorney General” and inserting
“with the inspectors general and the Attorney General”;
(ii) by striking “violations of the conflict of interest
laws” and inserting “conflict of interest issues and
allegations of violations of ethics laws and regulations and
this Act”; and
(iii) by striking “, as required by section 535 of title
28”;
(K) in paragraph (14), by striking “; and” and inserting
a semicolon;
(L) in paragraph (15)—
(i) by striking “, in consultation with the Office of
Personnel Management,”;
(ii) by striking “Director” and inserting “Bureau”; and
(iii) by striking the period at the end and inserting a
semicolon; and
(M) by adding at the end the following:
“(16) directing and providing final approval, when
determined appropriate by the Bureau, for designated agency
ethics officials regarding the resolution of conflicts of
interest as well as any other ethics issues under the purview
of this Act in individual cases; and
“(17) reviewing and approving, when determined appropriate
by the Bureau, any recusals, exemptions, or waivers from the
conflicts of interest and ethics laws, rules, and regulations
and making approved recusals, exemptions, and waivers made
publicly available by the relevant agency available in a
central location on the official website of the Bureau.”.
(5) Written procedures.—Section 13122(d) of title 5,
United States Code, is amended—
(A) in paragraph (1)—
(i) by striking “The Director shall, by the exercise of
any authority otherwise available to the Director under this
subchapter,” and inserting “The Bureau shall”;
(ii) by striking “the agency is”; and
(iii) by inserting “, or written documentation of
recusals, waivers, or ethics authorizations relating to,”
after “filed by”; and
(B) in paragraph (2), by striking “the Director” and
inserting “the Bureau”.
(6) Corrective actions.—Section 13122(f) of title 5,
United States Code, is amended—
(A) in paragraph (1)—
(i) in the matter preceding subparagraph (A), by striking
“Director” and inserting “Bureau”;
(ii) in subparagraph (A)(i), by striking “of such
agency”; and
(iii) in subparagraph (B), by inserting “and determine
that a violation of this Act has occurred and issue
appropriate administrative or legal remedies as prescribed in
paragraph (2)” before the period at the end;
(B) in paragraph (2)—
(i) in subparagraph (A)—
(I) in clause (i), by striking “Director” each place that
term appears and inserting “Bureau”;
(II) in clause (ii)—
(aa) in the matter preceding subclause (I), by striking
“Director” each place that term appears and inserting
“Bureau”; and
(bb) in subclause (I), by inserting “to the President or
the President's designee if the matter involves employees of
the Executive Office of the President or” after “may
recommend”; and
(cc) in subclause (II)—
(AA) by striking “Director” each place that term appears
and inserting “Bureau”;
(BB) by inserting “President or” after “determines that
the”; and
(CC) by striking the semicolon at the end and inserting “;
and”;
(III) in clause (iii)—
(aa) in the matter preceding subclause (I), by striking
“Director” each place that term appears and inserting
“Bureau”; and
(bb) in subclause (II)—
(AA) by striking “notify, in writing,” and inserting
“advise the President or order”;
(BB) by inserting “to take appropriate disciplinary action
including reprimand, suspension, demotion, or dismissal
against the officer or employee (provided, however, that any
order issued by the Bureau shall not affect an employee's
right to appeal a disciplinary action under applicable law,
regulation, collective bargaining agreement, or contractual
provision).” after “employee's agency”; and
(CC) by striking “of the officer's or employee's
noncompliance, except that, if the officer or employee
involved is the agency head, the notification shall instead
be submitted to the President; and”; and
(IV) by striking clause (iv);
(ii) in subparagraph (B)—
(I) in clause (i)—
(aa) in the clause heading, by striking “Director” and
inserting “Bureau”;
(bb) by striking “Director's” and inserting “Bureau's”;
(cc) by striking “subparagraph (A)(iii) or (iv)” and
inserting “subparagraph (A)”;
(dd) by striking “the Director” and inserting “the
Bureau”;
(ee) by inserting “(I) In general.—” before “In order
to”; and
(ff) by adding at the end the following:
“(II) Production of information.—The Bureau may—
“(aa) secure directly from any agency information
necessary to enable the Bureau to carry out this Act. Upon
request of the Bureau, the head of such agency shall furnish
that information to the Chair of the Bureau; and
“(bb) require by subpoena the production of all
information, documents, reports, answers, records, accounts,
papers, and other data in any medium and documentary evidence
necessary in the performance of the functions assigned by
this Act, which subpoena, in the case of refusal to obey,
shall be enforceable by order of any appropriate United
States district court.”;
(II) in clause (ii)—
(aa) in subclause (I)—
(AA) by striking “Subject to clause (iv) of this
subparagraph, before” and inserting “Before”; and
(BB) by striking “subparagraphs (A)(iii) or (iv)” and
inserting “subparagraph (A)(iii)”; and
(bb) in subclause (II), by striking “Director” and
inserting “Bureau”; and
(III) in clause (iii), by striking “Subject to clause (iv)
of this subparagraph, before” and inserting “Before”;
(C) in paragraph (3), in the matter preceding subparagraph
(A), by striking “Director” and inserting “Bureau”;
(D) in paragraph (4), by striking “(iv),”; and
(E) in paragraph (5), by striking “Director” and
inserting “Bureau”.
(7) Definitions.—Section 13122 of title 5, United States
Code, is amended by adding at the end the following:
“(g) Prior Approval, Comment, or Review.—The Chair of the
Bureau shall not be required to obtain the prior approval,
comment, or review of any officer or agency of the United
States, including the Office of Management and Budget, before
submitting to Congress, or any committee or subcommittee
thereof, any information, reports, recommendations,
testimony, or comments, if such submissions include a
statement indicating that the views expressed therein are
those of the Director and do not necessarily represent the
views of the President.”.
(l) Agency Ethics Officials Powers and Duties.—Section
13123 of title 5, United States Code, is amended by adding at
the end the following:
“(c) Designated Agency Ethics Officials.—
“(1) In general.—All designated agency ethics officials
and alternate designated agency ethics officials shall
register with the Bureau as well as with the appointing
authority of the official.
“(2) Provision of ethics education and training.—The
Bureau shall provide ethics education and training to all
designated agency ethics officials and alternate designated
agency ethics officials in a time and manner determined
appropriate by the Bureau.
“(3) Required attendance at ethics education and
training.—Each designated agency ethics official and each
alternate designated agency ethics official shall biannually
attend ethics education and training, as provided by the
Bureau under paragraph (2).
“(d) Required Documentation.—Each designated agency
ethics official, including the designated agency ethics
official for the Executive Office of the President—
“(1) shall provide to the Bureau, in writing, in a
searchable, sortable, and downloadable format, all approvals,
authorizations, certifications, compliance reviews,
determinations, directed divestitures, public financial
disclosure reports, notices of deficiency in compliance,
records related to the
approval or acceptance of gifts, recusals, regulatory or
statutory advisory opinions, waivers, including waivers under
section 207 or 208 of title 18, and any other records
designated by the Bureau, unless disclosure is prohibited by
law;
“(2) shall, for all information described in paragraph (1)
that is permitted to be disclosed to the public under law,
make the information available to the public by publishing
the information on the website of the Bureau, providing a
link to download an electronic copy of the information, or
providing printed paper copies of such information to the
public; and
“(3) may charge a reasonable fee for the cost of providing
paper copies of the information pursuant to paragraph (2).
“(e) Public Availability.—
“(1) In general.—For all information that is provided by
an agency to the Bureau under subsection (d)(1), the Bureau
shall make the information available to the public in a
searchable, sortable, downloadable format by publishing the
information on the website of the Bureau or providing a link
to download an electronic copy of the information.
“(2) Reasonable fee.—The Bureau may, upon request,
provide printed paper copies of the information published
under paragraph (1) and charge a reasonable fee for the cost
of printing such copies.”.
SEC. 302. TRANSFER OF FUNCTIONS.
(a) Transfer.—
(1) Federal election commission.—There are transferred to
the Office of Campaign Finance of the Bureau established
under section 203(b) all functions, personnel, assets, and
obligations, as of the day before the date of enactment of
this Act, of the Federal Election Commission.
(2) Office of government ethics.—There are transferred to
the Office of Government Ethics of the Bureau established
under section 203(c) all functions, personnel, assets, and
obligations, as of the day before the date of enactment of
this Act, of the Office of Government Ethics.
(3) Office of special counsel.—There are transferred to
the Bureau all functions, personnel, assets, and obligations,
as of the day before the date of enactment of this Act, of
the Office of Special Counsel.
(b) General Authority.—In carrying out any function
transferred by subsection (a)—
(1) the Bureau, or any member or employee of the Bureau,
may exercise any authority available by law with respect to
that function to the official or agency from which that
function is transferred; and
(2) the actions of the Bureau, or any member or employee of
the Bureau, in exercising the authority described in
paragraph (1), shall have the same force and effect as when
exercised by that official or agency.
(c) Continuity.—All orders, determinations, rules,
regulations, permits, agreements, grants, contracts,
recognitions of labor organizations, certificates, licenses,
registrations, privileges, and other administrative actions—
(1) that have been issued, made, granted, or allowed to
become effective by any agency or office whose functions are
transferred under subsection (a); and
(2) that are in effect on the effective date of this Act,
shall continue in effect according to their terms until
modified, terminated, superseded, set aside, or revoked in
accordance with Federal law.
(d) Pending Proceedings.—This Act shall not affect any
proceeding or application pending on the date of enactment of
this Act.
SEC. 303. PERSONNEL.
(a) Staff Director, General Counsel and Other Staff.—
(1) Staff director.—The Bureau shall appoint a staff
director who shall be paid at an annual rate of pay equal to
the annual rate in effect for level III of the Executive
Schedule under section 5314 of title 5, United States Code.
(2) General counsel.—In accordance with section
204(d)(2)(A), the Chair shall appoint a general counsel who
shall be paid at an annual rate of pay equal to the annual
rate in effect for level III of the Executive Schedule under
section 5314 of title 5, United States Code.
(3) Senior staff.—The Bureau may appoint and fix the pay
of staff designated as senior staff, such as a deputy staff
director, who may be paid at an annual rate of pay equal to
the annual rate in effect for level IV of the Executive
Schedule under section 5315 of title 5, United States Code.
(4) Other staff.—In addition to the staff director,
general counsel, and senior staff, the Bureau may appoint and
fix the pay of such other staff as the Bureau considers
necessary to carry out the duties of the Bureau, except that
no such staff may be compensated at an annual rate exceeding
the daily equivalent of the annual rate of basic pay in
effect for grade GS-15 of the General Schedule.
(b) Office of Campaign Finance.—There is established
within the Bureau an Office of Campaign Finance.
(c) Office of Government Ethics.—There is established
within the Bureau an Office of Government Ethics.
(d) Transfer of Employees.—
(1) In general.—
(A) Employees transferred.—Subject to subparagraph (B),
not later than 60 days after the date of enactment of this
Act, all employees of the Federal Election Commission, the
Office of Government Ethics, and the Office of Special
Counsel shall be transferred to the Bureau.
(B) Employees not transferred.—The following individuals
shall not be transferred to the Bureau:
(i) Any individual serving as a Commissioner of the Federal
Election Commission.
(ii) Any individual serving as the Director, or acting
Director, of the Office of Government Ethics.
(iii) Any individual serving as the Special Counsel or
acting Special Counsel.
(2) Employee status and functions.—
(A) Status.—Each employee transferred under this
subsection shall be placed in a position at the Bureau with
the same status and tenure as the transferred employee held
on the day before the date on which the employee was
transferred.
(B) Functions.—To the extent practicable, each employee
transferred under this subsection shall be placed in a
position at the Bureau responsible for the same functions and
duties as the transferred employee had on the day before the
date on which the employee was transferred, in accordance
with the expertise and preferences of the transferred
employee.
(3) Pay.—
(A) Protection.—
(i) In general.—Except as provided in clause (ii), each
employee transferred under this subsection shall, during the
4-year period beginning on the date on which the employee is
transferred, receive pay at a rate that is not less than the
basic rate of pay (including any geographic differential)
that the employee received during the pay period immediately
preceding the date on which the employee is transferred.
(ii) Limitation.—Notwithstanding clause (i), if an
employee was receiving a higher rate of basic pay on a
temporary basis (because of a temporary assignment, temporary
promotion, or other temporary action) immediately before the
date on which the employee is transferred under this
subsection—
(I) the Bureau may reduce the rate of basic pay of the
employee on the date on which the rate would have been
reduced but for the transfer; and
(II) the protected rate for the remainder of the 4-year
period described in clause (i) shall be the reduced rate that
would have applied, but for the transfer.
(B) Exceptions.—Subparagraph (A) shall not limit the right
of the Bureau to reduce the rate of basic pay of an employee
transferred under this subsection—
(i) for cause or for unacceptable performance; or
(ii) with the consent of the employee.
(C) Protection only while employed.—Subparagraph (A) shall
apply with respect to an employee transferred under this
subsection only while that employee remains employed by the
Bureau.
(D) Pay increases permitted.—Subparagraph (A) shall not
limit the authority of the Bureau to increase the pay of an
employee transferred under this subsection.
(e) Prohibition on Changes to Mission.—No officer or
employee of the Federal Government, including the head of any
agency, other than the Chair may substantially or
significantly reduce the authorities, responsibilities, or
functions of the Bureau or the capability of the Bureau to
perform those authorities, responsibilities, or functions,
except as otherwise specifically provided in this Act and the
amendments made by this Act.
(f) Coverage Under Inspector General Act of 1978 for
Conducting Audits and Investigations.—
(1) In general.—Section 415(a)(1)(A) of title 5, United
States Code, is amended by inserting “the Anti-Corruption
Bureau,” after “Election Assistance Commission,”.
(2) Effective date.—The amendment made by paragraph (1)
shall take effect 180 days after the date on which Members
are first appointed to the Bureau under section 202.
(3) Role of inspector general of bureau.—In addition to
the duties and responsibilities of the Inspector General of
the Bureau under section 404 of title 5, United States Code,
the Inspector General of the Bureau shall provide policy
direction for, and conduct, supervise, and coordinate, audits
and investigations into any allegation that any exercise of
the powers and duties of the Bureau under section 301(b) was
motivated by political or partisan animus.
TITLE IV—APPOINTMENT OF TEMPORARY MEMBERS TO THE ANTI-CORRUPTION
BUREAU
SEC. 401. ASSIGNMENT OF JUDGES TO DIVISION TO APPOINT
TEMPORARY MEMBERS TO THE ANTI-CORRUPTION
BUREAU.
(a) In General.—Chapter 3 of title 28, United States Code,
is amended by adding at the end the following:
“Sec. 50. Assignment of judges to division to appoint
temporary members to the Anti-Corruption Bureau
“(a) In General.—
“(1) Assignment of judges.—Beginning with the 2-year
period commencing on the date of the enactment of this
section, 3 judges shall be assigned for each successive 2-
year period to a division of the United States Court of
Appeals for the District of Columbia to be the division of
the court for the purpose of—
“(A) appointing temporary members of the Anti-Corruption
Bureau under section 203(f) the Anti-Corruption Bureau
Creation Act; and
“(B) if the President fails to appoint any initial member
of the Anti-Corruption Bureau under section 202(b)(1) of the
Anti-Corruption Bureau Creation Act, appointing a temporary
member to fill that vacancy.
“(2) Clerk.—The Clerk of the United States Court of
Appeals for the District of Columbia Circuit shall serve as
the clerk of such division of the court and shall provide
such services as are needed by such division of the court.
“(b) Other Judicial Assignments.—Except as provided under
subsection (e), assignment to such division of the court
shall not be a bar to other judicial assignments during the
term of such division.
“(c) Designation and Assignment.—
“(1) In general.—The Chief Judge of the United States
Court of Appeals for the District of Columbia shall designate
and assign 3 circuit court judges, 1 of whom shall be a judge
of the United States Court of Appeals for the District of
Columbia, to such division of the court.
“(2) Restriction on certain senior and retired judges.—
Not more than 1 judge or senior or retired judge or justice
may be named to such division from a particular court.
“(d) Vacancies.—Any vacancy in such division of the court
shall be filled only for the remainder of the 2-year period
in which such vacancy occurs and in the same manner as
initial assignments to such division were made.”.
(b) Technical and Conforming Amendment.—The table of
sections for chapter 3 of title 28, United States Code, is
amended by adding at the end the following:
“50. Assignment of judges to division to appoint temporary members to
the Anti-Corruption Bureau.”.
TITLE V—GENERAL MATTERS
SEC. 501. FREEDOM FROM INFLUENCE FUND.
(a) Establishment.—There is established in the Treasury of
the United States a fund to be known as the “Freedom From
Influence Fund”.
(b) Sense of the Senate Regarding Funding.—It is the sense
of the Senate that the Fund should consist of—
(1) assessments against certain fines, penalties, and
settlements as a result of—
(A) corporate malfeasance; and
(B) violations of the provisions of law described in
section 301(a)(2); and
(2) interest on, and proceeds from, the sale or redemption
of any obligations held by the Freedom From Influence Fund,
of which the Chair shall invest such portion as is not, in
the judgment of the Chair, required to meet current
withdrawals. Such investments may be made only in interest-
bearing obligations of the United States. For such purpose,
such obligations may be acquired—
(A) on original issue at the issue price, or
(B) by purchase of outstanding obligations at the market
price.
SEC. 502. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to the Bureau from
the Fund such sums as may be necessary to carry out the
activities of the Bureau for fiscal year 2027 and each
succeeding fiscal year.
SEC. 503. REFERENCES.
Any reference in any law, regulation, document, paper, or
other record of the United States to the Federal Election
Commission, the Office of Government Ethics, or the Office of
Special Counsel shall be deemed to refer to the Anti-
Corruption Bureau.
SEC. 504. REGULATIONS.
Not later than 180 days after the date of enactment of this
Act, the Bureau shall promulgate such rules and regulations
as the Bureau considers necessary and appropriate to carry
out the duties of the Bureau under this Act and the
amendments made by this Act.
SEC. 505. TECHNICAL AND CONFORMING AMENDMENTS.
(a) Agricultural Research, Extension, and Education Reform
Act of 1998.—Section 620(b)(4)(B)) of the Agricultural
Research, Extension, and Education Reform Act of 1998 (7
U.S.C. 7657(b)(4)(B)) is amended by striking “Office of the
Special Counsel” and inserting “Anti-Corruption Bureau”.
(b) Aircraft Certification, Safety, and Accountability
Act.—Section 133(d)(3)(D) of the Aircraft Certification,
Safety, and Accountability Act (49 U.S.C. 40122 note) is
amended by striking “Office of the Special Counsel” and
inserting “Anti-Corruption Bureau”.
(c) Bipartisan Campaign Reform Act of 2002.—
(1) Responsibilities of federal communications
commission.—Section 201(b) of the Bipartisan Campaign Reform
Act of 2002 (52 U.S.C. 30104 note) is amended by striking
“Federal Election Commission” and inserting “Anti-
Corruption Bureau”.
(2) Regulations by fec.—Section 214(c) of the Bipartisan
Campaign Reform Act of 2002 (52 U.S.C. 30116 note) is
amended, in the matter preceding paragraph (1)—
(A) by striking “Federal Election Commission” and
inserting “Anti-Corruption Bureau”; and
(B) by striking “Commission” and inserting “Anti-
Corruption Bureau”.
(3) Maintenance of website of election reports.—Section
502 of the Bipartisan Campaign Reform Act of 2002 (52 U.S.C.
30112 note) is amended—
(A) in subsection (a), by striking “Federal Election
Commission” and inserting “Anti-Corruption Bureau”; and
(B) in subsection (c), by striking “Federal Election
Commission” each place that term appears and inserting
“Anti-Corruption Bureau”.
(d) Central Intelligence Agency Act of 1949.—Section 12(g)
of the Central Intelligence Agency Act of 1949 (50 U.S.C.
3512(g)) is amended, in the matter preceding paragraph (1),
by striking “Director of the Office of Government Ethics”
and inserting “Chair of the Anti-Corruption Bureau”.
(e) Consolidated and Further Continuing Appropriations Act,
2015.—Section 8104 of the Consolidated and Further
Continuing Appropriations Act, 2015 (10 U.S.C. 2241 note) is
amended by striking “Office of Government Ethics” and
inserting “Anti-Corruption Bureau”.
(f) Continuing Appropriations Resolution, 2007.—Section
21078(a) of the Continuing Appropriations Resolution, 2007
(52 U.S.C. 30146(a)) is amended—
(1) by striking “Federal Election Commission” and
inserting “Anti-Corruption Bureau”; and
(2) by striking “Commission” each place that term appears
and inserting “Bureau”.
(g) Department of the Interior Volunteer Recruitment Act of
2005.—Section 3(d)(3) of the Department of the Interior
Volunteer Recruitment Act of 2005 (43 U.S.C. 1475b(d)(3)) is
amended by striking “Director of the Office of Government
Ethics” and inserting “Chair of the Anti-Corruption
Bureau”.
(h) Doctor Chris Kirkpatrick Whistleblower Protection Act
of 2017.—
(1) Suicide by employees.—Section 105 of the Doctor Chris
Kirkpatrick Whistleblower Protection Act of 2017 (5 U.S.C.
1212 note) is amended—
(A) in subsection (a), in the matter preceding paragraph
(1), by striking “the Special Counsel” and inserting “the
Anti-Corruption Bureau”; and
(B) in subsection (b)—
(i) in the subsection heading, by striking “Office of
Special Counsel” and inserting “Anti-Corruption Bureau”;
(ii) in the matter preceding paragraph (1), by striking
“the Special Counsel” each place that term appears and
inserting “the Anti-Corruption Bureau”; and
(iii) in paragraph (2), by striking “the Special Counsel”
and inserting “the Anti-Corruption Bureau”.
(2) Training for supervisors.—Section 106 of the Doctor
Chris Kirkpatrick Whistleblower Protection Act of 2017 (5
U.S.C. 2301 note) is amended, in the matter preceding
paragraph (1), by striking “the Special Counsel” and
inserting “the Anti-Corruption Bureau”.
(i) Federal Deposit Insurance Act.—Section 12(f) of the
Federal Deposit Insurance Act (12 U.S.C. 1822(f)) is
amended—
(1) in paragraph (2)—
(A) in the first sentence, by striking “Office of
Government Ethics” and inserting “Anti-Corruption Bureau”;
and
(B) in the second sentence, by striking “that Office” and
inserting “the Anti-Corruption Bureau”; and
(2) in paragraph (6)—
(A) by striking “Office of Government Ethics” and
inserting “Anti-Corruption Bureau”; and
(B) by striking “that Office” and inserting “the Anti-
Corruption Bureau”.
(j) Federal Election Campaign Act of 1971.—
(1) Definitions.—Section 301 of the Federal Election
Campaign Act of 1971 (52 U.S.C. 30101) is amended—
(A) in paragraph (9)(B)(iii), by striking “Commission”
and inserting “Bureau”;
(B) by striking paragraph (10) and inserting the following:
“(10) The term `Bureau' means the Anti-Corruption Bureau
established under section 201 of the Anti-Corruption Bureau
Creation Act.”;
(C) in paragraph (14), by striking “Commission” and
inserting “Bureau”; and
(D) in paragraph (15), by striking “Commission” and
inserting “Bureau”.
(2) Organization of political committees.—Section 302(g)
of the Federal Election Campaign Act of 1971 (52 U.S.C.
30102(g)) is amended—
(A) in the subsection heading, by striking “Commission”
and inserting “Bureau”; and
(B) by striking “with the Commission” and inserting
“with the Bureau”.
(3) Registration of political committees.—Section
303(d)(2) of the Federal Election Campaign Act of 1971 (52
U.S.C. 30103(d)(2)) is amended by striking “Commission” and
inserting “Bureau”.
(4) Reports.—Section 304 of the Federal Election Campaign
Act of 1971 (52 U.S.C. 30104) is amended—
(A) by striking “The Commission” and inserting “The
Bureau”;
(B) by striking “the Commission” each place that term
appears and inserting “the Bureau”; and
(C) in subsection (h), by striking “Federal Election
Commission” and inserting “Bureau”.
(5) Reports on convention financing.—Section 305 of the
Federal Election Campaign Act of 1971 (52 U.S.C. 30105) is
amended, in the matter following paragraph (2), by striking
“the Commission” and inserting “the Bureau”.
(6) Authorities.—The Federal Election Campaign Act of 1971
(52 U.S.C. 30101 et seq.) is amended by striking section 306
(52 U.S.C. 30106) and inserting the following:
“anti-corruption bureau
“Sec. 306. (a) The Bureau shall—
“(1) administer, seek to obtain compliance with, and
formulate policy with respect to, this Act and chapter 95 and
chapter 96 of the Internal Revenue Code of 1954; and
“(2) have exclusive jurisdiction with respect to the civil
enforcement of such provisions.
“(b) Nothing in this Act shall be construed to limit,
restrict or diminish any investigatory, informational,
oversight, supervisory, or disciplinary authority or function
of the Congress or any committee of the Congress with respect
to elections for Federal office.”.
(7) Powers of the bureau.—Section 307 of the Federal
Election Campaign Act of 1971 (52 U.S.C. 30107) is amended—
(A) in the section heading, by striking “Commission” and
inserting “Bureau”; and
(B) by striking “Commission” each place that term appears
and inserting “Bureau”.
(8) Advisory opinions.—Section 308 of the Federal Election
Campaign Act of 1971 (52 U.S.C. 30108) is amended by striking
“Commission” each place that term appears and inserting
“Bureau”.
(9) Enforcement.—Section 309 of the Federal Election
Campaign Act of 1971 (52 U.S.C. 30109), as amended by section
301 of this Act, is amended by striking “Commission” each
place that term appears and inserting “Bureau”.
(10) Judicial review.—Section 310 of the Federal Election
Campaign Act of 1971 (52 U.S.C. 30110) is amended by striking
“Commission” and inserting “Bureau”.
(11) Administrative provisions.—Section 311 of the Federal
Election Campaign Act of 1971 (52 U.S.C. 30111) is amended by
striking “Commission” each place that term appears and
inserting “Bureau”.
(12) Statement filed with state officers.—Section 312 of
the Federal Election Campaign Act of 1971 (52 U.S.C. 30113)
is amended by striking “Commission” each place that term
appears and inserting “Bureau”.
(13) Authorization of appropriations.—Section 314 of the
Federal Election Campaign Act of 1971 (52 U.S.C. 30115) is
amended by striking “Commission” each place that term
appears and inserting “Bureau”.
(14) Limitations on contributions and expenditures.—
Section 315 of the Federal Election Campaign Act of 1971 (52
U.S.C. 30116) is amended by striking “Commission” each
place that term appears and inserting “Bureau”.
(15) Modification of certain limits for house candidates in
response to personal fund expenditures of opponents.—Section
315A(b) of the Federal Election Campaign Act of 1971 (52
U.S.C. 30117(b)) is amended—
(A) in paragraph (1)(F)(i), by striking “Commission” and
inserting “Bureau”; and
(B) in paragraph (2), by striking “Commission” and
inserting “Bureau”.
(16) Soft money of political parties.—Section 323(b)(2)(A)
of the Federal Election Campaign Act of 1971 (52 U.S.C.
30125(b)(2)(A)) is amended, in the matter preceding clause
(i), by striking “Commission” and inserting “Bureau”.
(k) Financial Stability Act of 2010.—Section 152(g) of the
Financial Stability Act of 2010 (12 U.S.C. 5342(g)) is
amended by striking “Director of the Office of Government
Ethics” and inserting “Anti-Corruption Bureau”.
(l) FISA Amendments Reauthorization Act of 2017.—Section
110(b)(1)(A)(vi) of the FISA Amendments Reauthorization Act
of 2017 (5 U.S.C. 2303 note) is amended by striking “Office
of Special Counsel” and inserting “Anti-Corruption
Bureau”.
(m) GENIUS Act.—Section 4(i)(2) of the GENIUS Act (12
U.S.C. 5903(i)(2)) is amended by striking “Office of
Government Ethics” each place that term appears and
inserting “Anti-Corruption Bureau”.
(n) Internal Revenue Code of 1986.—
(1) Sale of property to comply with conflict-of-interest
requirements.—Section 1043(b) of the Internal Revenue Code
of 1986 is amended—
(A) in paragraph (2)(B), by striking “Director of the
Office of Government Ethics” and inserting “ Anti-
Corruption Bureau”; and
(B) in paragraph (3), by striking “Office of Government
Ethics” and inserting “Anti-Corruption Bureau”.
(2) Employees.—Section 7471(a)(8)(D) of the Internal
Revenue Code of 1986 is amended by striking “Office of
Special Counsel” and inserting “Anti-Corruption Bureau”.
(3) Presidential election campaign fund.—
(A) Table of sections.—The table of sections for chapter
95 of subtitle H of the Internal Revenue Code of 1986 is
amended—
(i) in the item relating to section 9005, by striking
“Commission” and inserting “Bureau”; and
(ii) in the item relating to section 9010, by striking
“Commission” and inserting “Bureau”.
(B) Definitions.—Section 9002 of the Internal Revenue Code
of 1986 is amended—
(i) in paragraph (1), by striking “Commission” and
inserting “Bureau”;
(ii) by striking paragraph (3) and inserting the following:
“(3) The term `Bureau' means the Anti-Corruption Bureau
established under section 201 of the Anti-Corruption Bureau
Creation Act.”; and
(iii) in paragraph (11), in the flush matter following
subparagraph (C), by striking “Commission” and inserting
“Bureau”.
(C) Condition for eligibility for payments.—Section 9003
of the Internal Revenue Code of 1986 is amended by striking
“Commission” each place that term appears and inserting
“Bureau”.
(D) Entitlement of eligible candidates to payments.—
Section 9004(d) of the Internal Revenue Code of 1986 is
amended by striking “Commission” and inserting “Bureau”.
(E) Certification by bureau.—Section 9005 of the Internal
Revenue Code of 1986 is amended—
(i) in the section heading, by striking “commission” and
inserting “bureau”; and
(ii) by striking “Commission” each place that term
appears and inserting “Bureau”.
(F) Payments to eligible candidates.—Section 9006 of the
Internal Revenue Code of 1986 is amended by striking
“Commission” each place that term appears and inserting
“Bureau”.
(G) Examinations and audits.—Section 9007 of the Internal
Revenue Code of 1986 is amended by striking “Commission”
each place that term appears and inserting “Bureau”.
(H) Payments for presidential nominating conventions.—
Section 9008 of the Internal Revenue Code of 1986 is amended
by striking “Commission” each place that term appears and
inserting “Bureau”.
(I) Reports to congress; regulations.—Section 9009 of the
Internal Revenue Code of 1986 is amended by striking
“Commission” each place that term appears and inserting
“Bureau”.
(J) Participation by bureau in judicial proceedings.—
Section 9010 of the Internal Revenue Code of 1986 is
amended—
(i) in the section heading, by striking “commission” and
inserting “bureau”; and
(ii) by striking “Commission” each place that term
appears and inserting “Bureau”.
(K) Judicial review.—Section 9011 of the Internal Revenue
Code of 1986 is amended—
(i) in subsection (a), in the subsection heading, by
striking “Commission” and inserting “Bureau”; and
(ii) by striking “Commission” each place that term
appears and inserting “Bureau”.
(L) Criminal penalties.—Section 9012 of the Internal
Revenue Code of 1986 is amended by striking “Commission”
each place that term appears and inserting “Bureau”.
(4) Presidential primary matching payment account.—
(A) Table of sections.—The table of sections for chapter
96 of subtitle H of the Internal Revenue Code of 1986 is
amended—
(i) in the item relating to section 9036, by striking
“Commission” and inserting “Bureau”; and
(ii) in the item relating to section 9040, by striking
“Commission” and inserting “Bureau”.
(B) Definitions.—Section 9032 of the Internal Revenue Code
of 1986 is amended—
(i) in paragraph (1), by striking “Commission” and
inserting “Bureau”; and
(ii) by striking paragraph (3) and inserting the following:
“(3) The term `Bureau' means the Anti-Corruption Bureau
established under section 201 of the Anti-Corruption Bureau
Creation Act.”.
(C) Eligibility for payments.—Section 9033 of the Internal
Revenue Code of 1986 is amended by striking “Commission”
each place that term appears and inserting “Bureau”.
(D) Certification by bureau.—Section 9036 of the Internal
Revenue Code of 1986 is amended—
(i) in the section heading, by striking “commission” and
inserting “bureau”; and
(ii) by striking “Commission” each place that term
appears and inserting “Bureau”.
(E) Payments to eligible candidates.—Section 9037(b) of
the Internal Revenue Code of 1986 is amended by striking
“Commission” each place that term appears and inserting
“Bureau”.
(F) Examinations and audits; repayments.—Section 9038 of
the Internal Revenue Code of 1986 is amended by striking
“Commission” each place that term appears and inserting
“Bureau”.
(G) Reports to congress; regulations.—Section 9039 of the
Internal Revenue Code of 1986 is amended by striking
“Commission” each place that term appears and inserting
“Bureau”.
(H) Participation by bureau in judicial proceedings.—
Section 9040 of the Internal Revenue Code of 1986 is
amended—
(i) in the section heading, by striking “commission” and
inserting “bureau”; and
(ii) by striking “Commission” each place that term
appears and inserting “Bureau”.
(I) Judicial review.—Section 9041 of the Internal Revenue
Code of 1986 is amended—
(i) in subsection (a), in the subsection heading, by
striking “Commission” and inserting “Bureau”; and
(ii) by striking “Commission” each place that term
appears and inserting “Bureau”.
(J) Criminal penalties.—Section 9042(c)(1) of the Internal
Revenue Code of 1986 is amended by striking “Commission”
each place that term appears and inserting “Bureau”.
(o) Lobbying Disclosure Act of 1995.—Section 6(a)(9)(C) of
the Lobbying Disclosure Act of 1995 (2 U.S.C. 1605(a)(9)(C))
is amended by striking “Federal Election Commission” and
inserting “Anti-Corruption Bureau”.
(p) National Defense Authorization Act for Fiscal Year
2018.—Section 1097(b)(2)(B) of the National Defense
Authorization Act for Fiscal Year 2018 (5 U.S.C. 7503 note)
is amended by striking “Special Counsel” and inserting
“Anti-Corruption Bureau”.
(q) National Security Act of 1947.—Section 102A of the
National Security Act of 1947 (50 U.S.C. 3024) is amended—
(1) in subsection (t), by striking “Director of the Office
of Government Ethics” and inserting “Anti-Corruption
Bureau”; and
(2) in subsection (x)(4), by striking “Director of the
Office of Government Ethics” and inserting “Anti-Corruption
Bureau”.
(r) National Voter Registration Act of 1993.—Section
6(a)(1) of the National Voter Registration Act of 1993 (52
U.S.C. 20505(a)(1)) is amended by striking “Federal Election
Commission” and inserting “Election Assistance
Commission”.
(s) Presidential Transition Act of 1963.—Section 4 of the
Presidential Transition Act of 1963 (3 U.S.C. 102 note;
Public Law 88-277) is amended—
(1) in subsection (d)(3)(A), by striking “the Director of
the Office of Government Ethics,” and inserting “the Chair
of the Anti-Corruption Bureau,”; and
(2) in subsection (e)(3)(C), by striking “the Office of
Government Ethics,” and inserting “the Anti-Corruption
Bureau,”.
(t) Public Law 103-424.—
(1) Implementation.—Section 12 of the Act entitled “An
Act to reauthorize the Office of Special Counsel, and for
other purposes”, approved October 29, 1994 (5 U.S.C. 1214
note) is amended—
(A) in subsection (a), by striking “Special Counsel” and
inserting “Anti-Corruption Bureau”; and
(B) in subsection (b), by striking “Special Counsel” each
place that term appears and inserting “Anti-Corruption
Bureau”.
(2) Annual survey of individuals seeking assistance.—
Section 13 of the Act entitled “An Act to reauthorize the
Office of Special Counsel, and for other purposes”, approved
October 29, 1994 (5 U.S.C. 1212 note) is amended—
(A) in subsection (a), by striking “Office of Special
Counsel” each place that term appears and inserting “Anti-
Corruption Bureau”; and
(B) in subsection (b), by striking “Office of Special
Counsel” and inserting “Anti-Corruption Bureau”.
(u) Public Law 107-276.—Section 4 of Public Law 107-276
(26 U.S.C. 527 note) is amended—
(1) in subsection (a), in the matter preceding paragraph
(1), by striking “Federal Election Commission” and
inserting “Anti-Corruption Bureau”; and
(2) in subsection (b), by striking “Federal Election
Commission” and inserting “Anti-Corruption Bureau”.
(v) Small Business Act.—Section 9(o)(12) of the Small
Business Act (15 U.S.C. 638(o)(12)) is amended by striking
“Office of Government Ethics” and inserting “Anti-
Corruption Bureau”.
(w) STOCK Act.—
(1) Prohibition of the use of nonpublic information for
private profit.—Section 9(a)(1) of the STOCK Act (Public Law
112-105; 126 Stat. 297) is amended by striking “The Office
of Government Ethics” and inserting “The Anti-Corruption
Bureau”.
(2) Electronic filing and online public availability of
financial disclosure forms of certain executive branch
officials.—Section 11(b) of the STOCK Act (5 U.S.C. 13107
note) is amended—
(A) in paragraph (1)—
(i) in the matter preceding subparagraph (A), by striking
“Director of the Office of Government Ethics” and inserting
“Anti-Corruption Bureau”; and
(ii) in the flush text following subparagraph (B)(iii), by
striking “Office of Government Ethics” and inserting
“Anti-Corruption Bureau”;
(B) in paragraph (3), by striking “Office of Government
Ethics” and inserting “Anti-Corruption Bureau”; and
(C) in paragraph (6), by striking “Director of the Office
of Government Ethics” and inserting “Chair of the Anti-
Corruption Bureau”.
(x) Voting Accessibility for the Elderly and Handicapped
Act.—Section 3(c) of the Voting Accessibility for the
Elderly and Handicapped Act (52 U.S.C. 20102(c)) is amended—
(1) in the subsection heading, by striking “Federal
Election Commission” and inserting “Anti-Corruption
Bureau”;
(2) in paragraph (1)—
(A) by striking “Federal Election Commission” and
inserting “Anti-Corruption Bureau”; and
(B) by striking “Commission, the” and inserting “Anti-
Corruption Bureau, the”; and
(3) in paragraph (2), by striking “Federal Election
Commission” and inserting “Anti-Corruption Bureau”.
(y) William M. (Mac) Thornberry National Defense
Authorization Act for Fiscal Year 2021.—Section 548(c)(1) of
the William M. (Mac) Thornberry National Defense
Authorization Act for Fiscal Year 2021 (38 U.S.C. 5906 note)
is amended by striking “Director of the Office of Government
Ethics” and inserting “Anti-Corruption Bureau”.
(z) Chapter 4 of Title 5, United States Code.—
(1) Appointments.—Section 403(d)(1)(C) of title 5, United
States Code, is amended—
(A) in clause (i)(II)(aa), by striking “the Office of
Special Counsel” and inserting “the Anti-Corruption
Bureau”; and
(B) in clause (iii), by striking “the Special Counsel”
and inserting “the Anti-Corruption Bureau”.
(2) Council of the inspectors general on integrity and
efficiency.—Section 424 of title 5, United States Code, is
amended—
(A) in subsection (b)(1)—
(i) in subparagraph (E), by striking “The Director of the
Office of Government Ethics.” and inserting “The Chair of
the Anti-Corruption Bureau.”; and
(ii) by striking subparagraph (F) and redesignating
subparagraphs (G), (H), and (I) as subparagraphs (F), (G),
and (H), respectively;
(B) in subsection (c)(5)(B), by striking “Office of
Special Counsel” and inserting “Anti-Corruption Bureau”;
and
(C) in subsection (d)—
(i) in paragraph (2)(A)(iii), by striking “The Director of
the Office of Government Ethics or the designee of the
Director.” and inserting “The Chair of the Anti-Corruption
Bureau or the designee of the Chair.”;
(ii) in paragraph (5)(A)—
(I) in the matter preceding clause (i), by striking “the
Office of Special Counsel” and inserting “the Anti-
Corruption Bureau”; and
(II) in clause (ii)—
(aa) by striking “the Office of Special Counsel” and
inserting “the Anti-Corruption Bureau”; and
(bb) by striking “designated by the Special Counsel” and
inserting “designated by the Chair of the Anti-Corruption
Bureau”;
(iii) in paragraph (7)—
(I) in subparagraph (D), by striking “the Office of
Special Counsel” each place that term appears and inserting
“the Anti-Corruption Bureau”; and
(II) in subparagraph (E)(ii)—
(aa) by striking “the Office of Special Counsel” and
inserting “the Anti-Corruption Bureau”; and
(bb) by striking “or the Special Counsel” and inserting
“or the Chair of the Anti-Corruption Bureau”;
(iv) in paragraph (9)(B), by striking “the Office of
Special Counsel” and inserting “the Anti-Corruption
Bureau”; and
(v) in paragraph (12)—
(I) in the paragraph heading, by striking “Special Counsel
or Deputy Special Counsel” and inserting “Anti-Corruption
Bureau”;
(II) by striking subparagraph (A) and inserting the
following:
“(A) Covered individual defined.—In this paragraph, the
term `covered individual' means a member of the Anti-
Corruption Bureau.”; and
(III) in subparagraph (B)(i)—
(aa) by striking “against the Special Counsel or the
Deputy Special Counsel” and inserting “against a covered
individual”; and
(bb) by striking “designated by the Special Counsel” and
inserting “designated by the Chair of the Anti-Corruption
Bureau”.
(aa) Chapter 5 of Title 5, United States Code.—Section
552(a)(4)(F) of title 5, United States Code, is amended—
(1) in clause (i)—
(A) in the first sentence, by striking “the Special
Counsel” and inserting “the Anti-Corruption Bureau”;
(B) in the second sentence—
(i) by striking “The Special Counsel” and inserting “The
Anti-Corruption Bureau”; and
(ii) by striking “his findings and recommendations” and
inserting “the findings and recommendations of the Anti-
Corruption Bureau”; and
(C) in the third sentence, by striking “the Special
Counsel” and inserting “the Anti-Corruption Bureau”;
(2) in clause (ii)(I), by striking “the Special Counsel”
and inserting “the Anti-Corruption Bureau”; and
(3) in clause (iii), by striking “Special Counsel” each
place that term appears and inserting “Anti-Corruption
Bureau”.
(bb) Chapter 11 of Title 5, United States Code.—Section
1103(a)(5) of title 5, United States Code, is amended, in the
flush text following subparagraph (B), by striking “the
Special Counsel” and inserting “the Anti-Corruption
Bureau”.
(cc) Chapter 12 of Title 5, United States Code.—
(1) Table of sections.—The table of sections for chapter
12 of title 5, United States Code, is amended—
(A) in the item relating to subchapter II, by striking
“OFFICE OF SPECIAL COUNSEL” and inserting “ANTI-CORRUPTION
BUREAU”;
(B) in the item relating to section 1212, by striking
“Office of Special Counsel” and inserting “Anti-Corruption
Bureau”; and
(C) in the item relating to section 1216, by striking
“Office of Special Counsel” and inserting “Anti-Corruption
Bureau”.
(2) Powers and functions of the merit systems protection
board.—Section 1204 of title 5, United States Code, is
amended—
(A) in subsection (e)(1)(B)(i), by striking “Office of
Special Counsel” each place that term appears and inserting
“Anti-Corruption Bureau”; and
(B) in subsection (f)(1)(C), by striking “Special
Counsel” and inserting “Anti-Corruption Bureau”.
(3) Establishment.—Section 1211 of title 5, United States
Code, is repealed.
(4) Powers and functions.—Section 1212 of title 5, United
States Code, is amended—
(A) in the section heading, by striking “Office of Special
Counsel” and inserting “Anti-Corruption Bureau”;
(B) by striking “Office of Special Counsel” each place
that term appears and inserting “Anti-Corruption Bureau”;
(C) by striking “the Special Counsel” each place that
term appears and inserting “the Anti-Corruption Bureau”;
and
(D) by striking “The Special Counsel” each place that
term appears and inserting “The Anti-Corruption Bureau”.
(5) Provisions relating to disclosures of violations of
law, gross mismanagement, and certain other matters.—Section
1213 of title 5, United States Code, is amended by striking
“Special Counsel” each place that term appears and
inserting “Anti-Corruption Bureau”.
(6) Investigation of prohibited personnel practices;
corrective action.—Section 1214 of title 5, United States
Code, is amended—
(A) by striking “the Special Counsel” each place that
term appears and inserting “the Anti-Corruption Bureau”;
(B) by striking “The Special Counsel” each place that
term appears and inserting “The Anti-Corruption Bureau”;
and
(C) in subsection (a)(1)(B)(ii), by striking “Office of
Special Counsel” and inserting “Anti-Corruption Bureau”.
(7) Disciplinary action.—Section 1215 of title 5, United
States Code, is amended—
(A) by striking “the Special Counsel” each place that
term appears and inserting “the Anti-Corruption Bureau”;
and
(B) in subsection (a)(1), in the flush text following
subparagraph (C), by striking “the Special Counsel's
determination” and inserting “the determination of the
Anti-Corruption Bureau”.
(8) Other matters within jurisdiction.—Section 1216 of
title 5, United States Code, is amended—
(A) in the section heading, by striking “Office of Special
Counsel” and inserting “Anti-Corruption Bureau”; and
(B) by striking “Special Counsel” each place that term
appears and inserting “Anti-Corruption Bureau”.
(9) Transmittal of information to congress.—Section 1217
of title 5, United States Code, is amended—
(A) in subsection (a)—
(i) by striking “Special Counsel” each place that term
appears and inserting “Anti-Corruption Bureau”;
(ii) by striking “the Special Counsel's views” and
inserting “the views of the Anti-Corruption Bureau”; and
(iii) by striking “the Office” and inserting “the Anti-
Corruption Bureau”; and
(B) in subsection (b)(1), by striking “Special Counsel”
each place that term appears and inserting “Anti-Corruption
Bureau”.
(10) Annual report.—Section 1218 of title 5, United States
Code, is amended—
(A) in the matter preceding paragraph (1), by striking
“Special Counsel” each place that term appears and
inserting “Anti-Corruption Bureau”;
(B) in paragraph (1), by striking “Special Counsel” and
inserting “Anti-Corruption Bureau”;
(C) in paragraph (2), by striking “Special Counsel” and
inserting “Anti-Corruption Bureau”;
(D) in paragraph (3), by striking “Special Counsel” and
inserting “Anti-Corruption Bureau”;
(E) in paragraph (4), by striking “Special Counsel” and
inserting “Anti-Corruption Bureau”;
(F) in paragraph (5), by striking “Special Counsel” each
place that term appears and inserting “Anti-Corruption
Bureau”;
(G) in paragraph (7), by striking “Special Counsel” and
inserting “Anti-Corruption Bureau”;
(H) in paragraph (8), by striking “Special Counsel” and
inserting “Anti-Corruption Bureau”;
(I) in paragraph (12), by striking “Special Counsel” each
place that term appears and inserting “Anti-Corruption
Bureau”; and
(J) in paragraph (13), by striking “Office of Special
Counsel” each place that term appears and inserting “Anti-
Corruption Bureau”.
(11) Public information.—Section 1219 of title 5, United
States Code, is amended by striking “Special Counsel” each
place that term appears and inserting “Anti-Corruption
Bureau”.
(12) Individual right of action in certain reprisal
cases.—Section 1221 of title 5, United States Code, is
amended—
(A) in subsection (b), by striking “Special Counsel” and
inserting “Anti-Corruption Bureau”; and
(B) in subsection (f)(3), by striking “Special Counsel”
and inserting “Anti-Corruption Bureau”.
(dd) Chapter 13 of Title 5, United States Code.—Section
1303 of title 5, United States Code, is amended, in the
matter preceding paragraph (1), by striking “Special
Counsel” and inserting “Anti-Corruption Bureau”.
(ee) Chapter 15 of Title 5, United States Code.—Section
1504 of title 5, United States Code, is amended, in the
matter preceding paragraph (1), by striking “Special
Counsel” each place that term appears and inserting “Anti-
Corruption Bureau”.
(ff) Chapter 23 of Title 5, United States Code.—
(1) Prohibited personnel practices.—Section 2302 of title
5, United States Code, is amended—
(A) in subsection (b)—
(i) in paragraph (8)(B), by striking “Special Counsel”
and inserting “Anti-Corruption Bureau”;
(ii) in paragraph (9)(C), by striking “Special Counsel”
and inserting “Anti-Corruption Bureau”; and
(iii) in paragraph (13)—
(I) in subparagraph (A), by striking “Special Counsel”
and inserting “Anti-Corruption Bureau”; and
(II) in subparagraph (B), by striking “Special Counsel”
and inserting “Anti-Corruption Bureau”; and
(B) in subsection (c)(2)(C)—
(i) in the matter preceding clause (i), by striking
“Special Counsel” and inserting “Anti-Corruption Bureau”;
(ii) in clause (ii), by striking “Office of Special
Counsel” and inserting “Anti-Corruption Bureau”; and
(iii) in clause (iii)(I), by striking “Special Counsel”
and inserting “Anti-Corruption Bureau”.
(2) Prohibited personnel practices in the federal bureau of
investigation.—Section 2303(a)(1)(G) of title 5, United
States Code, is amended by striking “Office of Special
Counsel” and inserting “Anti-Corruption Bureau”.
(gg) Chapter 31 of Title 5, United States Code.—Section
3132(a)(1)(C) of title 5, United States Code, is amended by
striking “the Federal Election Commission” and inserting
“the Anti-Corruption Bureau”.
(hh) Chapter 43 of Title 5, United States Code.—Section
4302(b)(1) of title 5, United States Code, is amended by
striking “Special Counsel” and inserting “Anti-Corruption
Bureau”.
(ii) Chapter 53 of Title 5, United States Code.—Section
5314 of title 5, United States Code, is amended—
(1) by striking the item relating to “Director of the
Office of Government Ethics.”; and
(2) by striking the item relating to “Special Counsel of
the Office of Special Counsel.”.
(jj) Chapter 63 of Title 5, United States Code.—Section
6329b of title 5, United States Code, is amended—
(1) in subsection (a)(6)(D), by striking “Office of
Special Counsel” and inserting “Anti-Corruption Bureau”;
(2) in subsection (e), by striking “Special Counsel” and
inserting “Anti-Corruption Bureau”; and
(3) in subsection (g), in the subsection heading, by
striking “Office of Special Counsel” and inserting “Anti-
Corruption Bureau”.
(kk) Chapter 71 of Title 5, United States Code.—Section
7121(g)(4)(C) of title 5, United States Code, is amended by
striking “Office of Special Counsel” and inserting “Anti-
Corruption Bureau”.
(ll) Chapter 73 of Title 5, United States Code.—
(1) Post-employment notification.—Section 7302(a) of title
5, United States Code, is amended by striking “the Office of
Government Ethics” and inserting “the Anti-Corruption
Bureau”.
(2) Political activity authorized; prohibitions.—Section
7323(b) of title 5, United States Code, is amended—
(A) in paragraph (1), by striking “the Federal Election
Commission” and inserting “the Anti-Corruption Bureau”;
and
(B) in paragraph (2)(B)(i)—
(i) in subclause (I), by striking “the Federal Election
Commission or”; and
(ii) in subclause (IX), by striking “the Office of Special
Counsel;” and inserting “the Anti-Corruption Bureau;”.
(3) Gifts to federal employees.—Section 7353(d)(1)(D) of
title 5, United States Code, is amended by striking “the
Office of Government Ethics” and inserting “the Anti-
Corruption Bureau”.
(mm) Chapter 75 of Title 5, United States Code.—Section
7515(b)(1) is amended, in the matter preceding subparagraph
(A), by striking “Special Counsel” and inserting “Anti-
Corruption Bureau”.
(nn) Chapter 131 of Title 5, United States Code.—
(1) Table of sections.—The table of sections for chapter
131 of title 5, United States Code, is amended, in the item
relating to subchapter II, by striking “OFFICE OF GOVERNMENT
ETHICS” and inserting “ANTI-CORRUPTION BUREAU”.
(2) Definitions.—Section 13101(18)(D) of title 5, United
States Code, is amended by striking “Office of Government
Ethics” and inserting “Anti-Corruption Bureau”.
(3) Administration of provisions.—Section 13102(a)(1) of
title 5, United States Code, is amended by striking
“Director of the Office of Government Ethics” and inserting
“Anti-Corruption Bureau”.
(4) Persons required to file.—Section 13103 of title 5,
United States Code, is amended—
(A) in subsection (f)—
(i) in paragraph (3), by striking “Director of the Office
of Government Ethics” and inserting “Anti-Corruption
Bureau”;
(ii) in paragraph (5)—
(I) by striking “Director of the Office of Government
Ethics” and inserting “Anti-Corruption Bureau”; and
(II) by striking “the Director determines” and inserting
“the Anti-Corruption Bureau determines”; and
(iii) in paragraph (7), by striking “the Director of the
Office of Government Ethics” and inserting “each member and
employee of the Anti-Corruption Bureau”;
(B) in subsection (g)(2)(B), by striking “Office of
Government Ethics” and inserting “Anti-Corruption Bureau”;
and
(C) in subsection (h), by striking “Director of the Office
of Government Ethics” and inserting “Anti-Corruption
Bureau”.
(5) Filing of reports.—Section 13105 of title 5, United
States Code, is amended—
(A) in subsection (b)—
(i) in the subsection heading, by striking “With Director
of Office of Government Ethics” and inserting “by the
President, Vice President, and Independent Counsel”; and
(ii) by striking “with the Director of the Office of
Government Ethics” and inserting “with the Anti-Corruption
Bureau”;
(B) in subsection (c)—
(i) in the subsection heading, by striking “Office of
Government Ethics” and inserting “Anti-Corruption Bureau”;
(ii) in the first sentence, by striking “Director of the
Office of Government Ethics” and inserting “Anti-Corruption
Bureau”; and
(iii) in the second sentence, by striking “The Director”
and inserting “The Anti-Corruption Bureau”;
(C) in subsection (d)—
(i) by striking “Director of the Office of Government
Ethics” and inserting “Anti-Corruption Bureau”; and
(ii) by striking “filed in the Office of Government
Ethics” and inserting “filed in the Anti-Corruption
Bureau”;
(D) in subsection (e)—
(i) in the subsection heading, by striking “With Federal
Election Commission” and inserting “by Candidates for
President and Vice President”; and
(ii) by striking “with the Federal Election Commission”
and inserting “with the Anti-Corruption Bureau”;
(E) in subsection (k)—
(i) in the subsection heading, by striking “Federal
Election Commission” and inserting “Anti-Corruption
Bureau”; and
(ii) in the first sentence, by striking “Federal Election
Commission” and inserting “Anti-Corruption Bureau”; and
(F) in subsection (l)—
(i) in paragraph (3), by striking “Director of the Office
of Government Ethics” and inserting “Anti-Corruption
Bureau”;
(ii) in paragraph (5)—
(I) by striking “Director of the Office of Government
Ethics” and inserting “Anti-Corruption Bureau”; and
(II) by striking “Director determines” and inserting
“Anti-Corruption Bureau determines”; and
(iii) in paragraph (7), by striking “The Director of the
Office of Government Ethics” and inserting “Each member or
employee of the Anti-Corruption Bureau”.
(6) Review of reports.—Section 13108 of title 5, United
States Code, is amended—
(A) in subsection (a)(1), by striking “Director of the
Office of Government Ethics” each place that term appears
and inserting “Anti-Corruption Bureau”; and
(B) in subsection (b)—
(i) in paragraph (1), by striking “Director of the Office
of Government Ethics” and inserting “Anti-Corruption
Bureau”;
(ii) in paragraph (2), in the matter preceding subparagraph
(A), by striking “Director of the Office of Government
Ethics” and inserting “Anti-Corruption Bureau”;
(iii) in paragraph (3), in the matter preceding
subparagraph (A), by striking “Director of the Office of
Government Ethics” and inserting “Anti-Corruption Bureau”;
and
(iv) in paragraph (6), by striking “Director of the Office
of Government Ethics” and inserting “Anti-Corruption
Bureau”.
(7) Notice of actions taken to comply with ethics
agreements.—Section 13111(a) of title 5, United States Code,
is amended by striking “Office of Government Ethics” each
place that term appears and inserting “Anti-Corruption
Bureau”.
(8) Authority and function.—Section 13122 of title 5,
United States Code, as amended by section 301 of this Act, is
amended—
(A) in subsection (c), by striking “Director” each place
that term appears and inserting “Bureau”; and
(B) in subsection (e)—
(i) in the matter preceding paragraph (1), by striking
“Director” and inserting “Bureau”;
(ii) in paragraph (1)(C), by striking “Director” each
place that term appears and inserting “Bureau”; and
(iii) in paragraph (2), by striking “Director” and
inserting “Bureau”.
(9) Administrative provisions.—Section 13123 of title 5,
United States Code, is amended—
(A) in subsection (a)—
(i) in the subsection heading, by striking “Director” and
inserting “Anti-Corruption Bureau”;
(ii) in the matter preceding paragraph (1), by striking
“Director” and inserting “Bureau”;
(iii) in paragraph (1), by striking “Director” and
inserting “Bureau”;
(iv) in paragraph (2)—
(I) by striking “to the Director” and inserting “to the
Bureau”;
(II) by striking “which the Director” and inserting
“that the Bureau”; and
(III) by striking “Director's duties” and inserting
“duties of the Bureau”; and
(v) in the flush text following paragraph (2)—
(I) by striking “Director” each place that term appears
and inserting “Bureau”; and
(II) by striking “Office of Government Ethics
responsibilities” and inserting “responsibilities of the
Bureau”; and
(B) in subsection (b)—
(i) in paragraph (1)—
(I) by striking “Director” and inserting “Bureau”; and
(II) by striking “Office of Government Ethics” and
inserting “Bureau”;
(ii) in paragraph (2)(B), by striking “Office of
Government Ethics” and inserting “Bureau”; and
(iii) in paragraph (3)—
(I) by striking “Director” and inserting “Bureau”;
(II) by striking “Office of Government Ethics” and
inserting “Bureau”; and
(III) by striking “such Office” and inserting “the
Bureau”.
(10) Rules and regulations.—Section 13124 of title 5,
United States Code, is amended by striking “Director” and
inserting “Bureau”.
(11) Reports to congress.—Section 13126 of title 5, United
States Code, is amended—
(A) in the matter preceding paragraph (1), by striking
“Director” and inserting “Bureau”;
(B) in paragraph (1),
(i) by striking “by the Director” and inserting “by the
Bureau”; and
(ii) by striking “the Director's functions” and inserting
“the functions of the Bureau”; and
(C) in paragraph (2), by striking “Director” and
inserting “Bureau”.
(12) Administration relating to outside earned income and
employment.—Section 13142 of title 5, United States Code, is
amended—
(A) in paragraph (2), by striking “Office of Government
Ethics” and inserting “Anti-Corruption Bureau”; and
(B) in paragraph (3), by striking “and administered” and
inserting “administered”.
(oo) Table of Chapters for Title 5, United States Code.—
The table of chapters for part II of title 5, United States
Code, is amended, in the item relating to chapter 12, by
striking “OFFICE OF SPECIAL COUNSEL” and inserting “ANTI-
CORRUPTION BUREAU”.
(pp) Chapter 80 of Title 10, United States Code.—Section
1566(i)(2) of title 10, United States Code, is amended by
striking “Federal Election Commission” and inserting
“Anti-Corruption Bureau”.
(qq) Chapter 11 of Title 18, United States Code.—
(1) Restrictions on former officers, employees, and
elected officials of the executive and legislative
branches.—Section 207 of title 18, United States Code, is
amended—
(A) in subsection (c)(2)(C), in the matter preceding clause
(i)—
(i) by striking “Director of the Office of Government
Ethics” and inserting “Anti-Corruption Bureau”; and
(ii) by striking “Director determines” and inserting
“Anti-Corruption Bureau determines”;
(B) in subsection (h)(1)—
(i) by striking “Director of the Office of Government
Ethics” each places that term appears and inserting “Anti-
Corruption Bureau”; and
(ii) in the first sentence, by striking “the Director
shall” and inserting “the Anti-Corruption Bureau shall”;
(C) in subsection (j)—
(i) in paragraph (5), by striking “Director of the Office
of Government Ethics” and inserting “Anti-Corruption
Bureau”; and
(ii) in paragraph (7)(B)(i), by striking “Federal Election
Commission” each place that term appears and inserting
“Anti-Corruption Bureau”; and
(D) in subsection (k)—
(i) in paragraph (3), in the flush text following
subparagraph (B), by striking “Director of the Office of
Government Ethics” and inserting “Anti-Corruption Bureau”;
and
(ii) in paragraph (5)(B)—
(I) by striking “Director of the Office of Government
Ethics” and inserting “Anti-Corruption Bureau”; and
(II) by striking “with the Director” and inserting “with
the Anti-Corruption Bureau”.
(2) Acts affecting a personal financial interest.—Section
208 of title 18, United States Code, is amended—
(A) in subsection (b)(2), by striking “Director of the
Office of Government Ethics” and inserting “Anti-Corruption
Bureau”; and
(B) in subsection (d)(2), in the matter preceding
subparagraph (A), by striking “Office of Government Ethics”
and inserting “Anti-Corruption Bureau”.
(rr) Chapter 40 of Title 28, United States Code.—Section
594(j)(5) of title 28, United States Code, is amended by
striking “Director of the Office of Government Ethics” and
inserting “Anti-Corruption Bureau”.
(ss) Chapter 13 of Title 31, United States Code.—Section
1353 of title 31, United States Code, is amended—
(1) in subsection (a), by striking “Director of the Office
of Government Ethics” and inserting “Anti-Corruption
Bureau”; and
(2) in subsection (d)(1)—
(A) in the first sentence, by striking “Director of the
Office of Government Ethics” and inserting “Anti-Corruption
Bureau”; and
(B) in the second sentence, by striking “The Director
shall” and inserting “The Anti-Corruption Bureau shall”.
(tt) Chapter 5 of Title 36, United States Code.—Section
510(b)(1) of title 36, United States Code, is amended by
striking “Federal Election Commission” and inserting
“Anti-Corruption Bureau”.
(uu) Chapter 3 of Title 38, United States Code.—Section
323(c)(1) of title 38, United States Code, is amended—
(1) in subparagraph (E), by striking “Special Counsel”
and inserting “Anti-Corruption Bureau”; and
(2) in subparagraph (F), by striking “Special Counsel”
and inserting “Anti-Corruption Bureau”.
(vv) Chapter 7 of Title 38, United States Code.—
(1) Employees: removal, demotion, or suspension based on
performance or misconduct.—Section 714 of title 38, United
States Code, is amended—
(A) in subsection (e)(1)—
(i) by striking “Office of Special Counsel” and inserting
“Anti-Corruption Bureau”; and
(ii) by striking “approval of the Special Counsel” and
inserting “approval of the Anti-Corruption Bureau”; and
(B) in subsection (f)—
(i) in the subsection heading, by striking “Office of
Special Counsel” and inserting “Anti-Corruption Bureau”;
and
(ii) in paragraph (1)—
(I) by striking “the Special Counsel (established by
section 1211 of title 5)” and inserting “the Anti-
Corruption Bureau”; and
(II) by striking “Special Counsel provides” and inserting
“Anti-Corruption Bureau provides”.
(2) Adverse actions against supervisory employees who
commit prohibited personnel actions relating to whistleblower
complaints.—Section 731 of title 38, United States Code, is
amended—
(A) in subsection (a)(1), by striking “the Office of
Special Counsel” and inserting “the Anti-Corruption
Bureau”; and
(B) in subsection (c)(1)—
(i) in subparagraph (A), by striking “the Special
Counsel” and inserting “the Anti-Corruption Bureau”; and
(ii) in subparagraph (B), by striking “the Special
Counsel” and inserting “the Anti-Corruption Bureau”.
(3) Training regarding whistleblower disclosures.—Section
733(c) of title 38, United States Code, is amended by
striking “the Special Counsel” and inserting “the Anti-
Corruption Bureau”.
(ww) Chapter 43 of Title 38, United States Code.—
(1) Enforcement of rights with respect to federal executive
agencies.—Section 4324 of title 38, United States Code, is
amended—
(A) in subsection (a)—
(i) in paragraph (1), by striking “the Office of Special
Counsel established by section 1211 of title 5” and
inserting “the Anti-Corruption Bureau”; and
(ii) in paragraph (2)—
(I) in subparagraph (A), by striking “Special Counsel”
each place that term appears and inserting “Anti-Corruption
Bureau”; and
(II) in subparagraph (B), in the matter preceding clause
(i), by striking “Special Counsel” each place that term
appears and inserting “Anti-Corruption Bureau”;
(B) in subsection (b)—
(i) in paragraph (3), by striking “Special Counsel” and
inserting “Anti-Corruption Bureau”; and
(ii) in paragraph (4), by striking “Special Counsel” and
inserting “Anti-Corruption Bureau”; and
(C) in subsection (d)—
(i) in paragraph (2), by striking “Special Counsel” each
place that term appears and inserting “Anti-Corruption
Bureau” ; and
(ii) in paragraph (3)(B), by striking “Special Counsel”
and inserting “Anti-Corruption Bureau”.
(2) Noncompliance of federal officials with deadlines;
inapplicability of statutes of limitations.—Section 4327 of
title 38, United States Code, is amended by striking
“Special Counsel” each place that term appears and
inserting “Anti-Corruption Bureau” .
(3) Regulations.—Section 4331(b)(2)(B) of title 38, United
States Code, is amended by striking “Office of Special
Counsel” and inserting “Anti-Corruption Bureau”.
(4) Reports.—Section 4332 of title 38, United States Code,
is amended—
(A) in subsection (a)—
(i) in the matter preceding paragraph (1), by striking
“Special Counsel referred to in section 4324(a)(1)” and
inserting “Anti-Corruption Bureau”;
(ii) in paragraph (3)—
(I) by striking “Special Counsel pursuant” and inserting
“Anti-Corruption Bureau pursuant”; and
(II) by striking “Office of Special Counsel” and
inserting “Anti-Corruption Bureau”; and
(iii) in paragraph (10), by striking “Special Counsel”
and inserting “Anti-Corruption Bureau”;
(B) in subsection (b)—
(i) in paragraph (1), in the matter preceding subparagraph
(A), by striking “Special Counsel” and inserting “Anti-
Corruption Bureau”;
(ii) in paragraph (2), by striking “Special Counsel” and
inserting “Anti-Corruption Bureau”; and
(iii) in paragraph (3)—
(I) in the paragraph heading, by striking “Special
counsel” and inserting “Anti-corruption bureau”; and
(II) by striking “Special Counsel” each place that term
appears and inserting “Anti-Corruption Bureau”; and
(C) in subsection (c), by striking “Special Counsel” each
place that term appears and inserting “Anti-Corruption
Bureau”.
(xx) Chapter 23 of Title 41, United States Code.—Section
2303(c) of title 41, United States Code, is amended by
striking “Director of the Office of Government Ethics” and
inserting “Anti-Corruption Bureau”.
(yy) Chapter 35 of Title 44, United States Code.—Section
3502(1) of title 44, United States Code, is amended by
striking “Federal Election Commission” and inserting
“Anti-Corruption Bureau”.
(zz) Chapter 1 of Title 49, United States Code.—Section
106(t) of title 49, United States Code, is amended—
(1) in paragraph (3)(A)—
(A) in clause (v), by striking “Office of Special
Counsel” and inserting “Anti-Corruption Bureau”; and
(B) in clause (vi), by striking “Office of Special
Counsel” and inserting “Anti-Corruption Bureau”; and
(2) in paragraph (8)(C)(iv), by striking “Office of the
Special Counsel” and inserting “Anti-Corruption Bureau”.
(aaa) Chapter 401 of Title 49, United States Code.—Section
40122(d) of title 49, United States Code, is amended by
striking “Office of Government Ethics” and inserting
“Anti-Corruption Bureau”.
By Mr. DURBIN (for himself, Mr. Cramer, and Mr. Boozman):
S. 5194. A bill to amend title 28, United States Code, to improve the maintenance, alteration, and construction of United States courthouses, and for other purposes; to the Committee on Environment and Public Works.
Mr. DURBIN. Mr. President, I ask unanimous consent that the text of the bill be printed in the Record.
- printed in the Record, as follows:
S. 5194
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the “Judicial Space and
Facilities Management Effectiveness Act of 2026”.
SEC. 2. PILOT PROGRAM FOR TRANSFER OF CERTAIN JUDICIAL BRANCH
ACCOMMODATIONS AND AUTHORITY OF THE DIRECTOR.
(a) In General.—Chapter 41 of title 28, United States
Code, is amended by inserting after section 604 the
following:
“Sec. 604A. Pilot program for transfer of jurisdiction,
custody, and control of certain judicial branch
accommodations to the Director; authority of the Director
“(a) Definitions.—In this section:
“(1) Administrator.—The term `Administrator' means the
Administrator of General Services.
“(2) Alter.—The term `alter' includes—
“(A) preliminary planning, engineering, architectural,
legal, fiscal, and economic investigations and studies,
conducting surveys, preparing designs, plans, working
drawings, specifications, and procedures, and other similar
actions necessary for the alteration of any space or
facility; and
“(B) repairing, remodeling, improving, extending, or
making any other change in any space or facility.
“(3) Covered judicial district.—The term `covered
judicial district' means a judicial district in which the
Director has identified real property under subsection (b).
“(4) Covered property.—The term `covered property'
means—
“(A) any real property owned or leased by the United
States, and any lease of real property made on behalf of the
United States, that—
“(i) is located in a covered judicial district;
“(ii) contains court accommodations; and
“(iii) for which jurisdiction, custody, and control is
transferred to the Director under subsection (i); and
“(B) the Thurgood Marshall Federal Judiciary Building.
“(5) Construct.—The term `construct' includes preliminary
planning, engineering, architectural, legal, fiscal, and
economic investigations and studies, conducting surveys,
preparing designs, plans, working drawings, specifications,
and procedures, and any other similar action necessary for
the construction of any space or facility.
“(6) Court accommodation.—The term `court accommodation'
includes—
“(A) the chambers and courtrooms of the Judiciary (other
than the Supreme Court of the United States); and
“(B) accommodations for all court-related functions and
for probation offices, pretrial service offices, Federal
Public Defender Organizations, the United States Sentencing
Commission, the Administrative Office of the United States
Courts, the Federal Judicial Center, and any other
administrative or clerical personnel associated with the
Judiciary.
“(7) Director.—The term `Director' means the Director of
the Administrative Office of the United States Courts.
“(8) Facility; building.—The terms `facility' or
`building' mean any building or other structure, including
its grounds, approaches, appurtenances, and parking spaces,
or any part thereof.
“(9) Federal agency; property.—The terms `Federal agency'
and `property' have the meanings given the terms `federal
agency' and `property', respectively, in section 102 of title
“(10) Public building.—The term `public building' has the
meaning given the term in section 3301(a) of title 40.
“(11) Space.—The term `space' means any interest, whether
fee simple or otherwise, in real property, including land,
buildings, structures, or parts thereof.
“(12) Space and facilities fund.—The term `Space and
Facilities Fund' means the Judicial Space and Facilities
Management Fund established under subsection (l)(1)(A).
“(b) Identification of Judicial Districts for Pilot
Program.—The Director shall identify real property that is
owned or leased by the Federal Government and that contains
court accommodations in not more
than 10 judicial districts for which jurisdiction, custody,
and control shall be transferred to the Director in
accordance with this section.
“(c) Authority of Director.—The Director is authorized to
establish a Judiciary Buildings Service under the direction
of the Administrative Office of the United States Courts to—
“(1) acquire, by purchase, condemnation, donation,
exchange, transfer, or otherwise, any space or facility
located in a covered judicial district that the Director
determines to be necessary for the provision of court
accommodations;
“(2) manage and operate any space or facility described in
paragraph (1);
“(3) alter any space or facility that is acquired under
the authority of this section as the Director determines is
necessary for the provision of court accommodations;
“(4) acquire and exercise any option for the acquisition
or lease of any land, or an interest in land, that is located
in a covered judicial district as the Director determines is
necessary for the provision of court accommodations;
“(5) construct such facilities in a covered judicial
district as the Director determines is necessary for the
provision of court accommodations;
“(6) lease, or acquire and exercise any option for the
acquisition of a lease, any space or facility located in a
covered judicial district as the Director deems necessary for
the provision of court accommodations and manage that lease;
“(7) outlease space located in a covered property;
“(8) contract for utility services for covered properties;
“(9) secure covered properties in coordination with the
United States Marshals Service and the Federal Protective
Service;
“(10) for covered properties, provide by contract or
otherwise for the provision of amenities, such as childcare,
cafeterias, physical fitness centers, credit unions, and
others, to serve tenants and, if appropriate, the public;
“(11) pay rent and make repairs, alterations, and
improvements under the terms of a lease for court
accommodations in a covered property entered into by, or
transferred to, the Director;
“(12) pay ground rent for buildings located in a covered
judicial district that are owned by the Federal Government or
occupied by Federal agencies, and pay rent in advance for
leased property if required by law or if the Director
determines that advance payment is in the interest of the
Judiciary; and
“(13) perform such other duties as necessary to implement
this section.
“(d) Delegation of Authority.—The Director may delegate
any authority authorized by this section. The Director may
authorize successive redelegation of authority as permitted
by this section.
“(e) Architectural, Engineering, and Construction
Services.—The Director is authorized to employ, by contract
or otherwise, the services of architectural, engineering, and
construction firms, corporations, or individuals, to the
extent the Director may require such services for any space
or facility authorized to be constructed or altered under
this section.
“(f) Operation and Maintenance.—The Director is
authorized to employ, by contract or otherwise, the services
of corporations, firms, or individuals for the operation and
maintenance of any building under the jurisdiction, custody,
and control of the Director, to the extent the Director may
require such services.
“(g) Construction.—
“(1) Replacement of existing buildings.—If the Director
considers it to be in the best interest of the Judiciary to
construct a new space or facility to take the place of an
existing space or facility in a covered property, the
Director may demolish the existing building and use the site
on which it is located for the site of the proposed space or
facility. If the Director believes that it is more
advantageous to construct the space or facility on a
different site in the same city, town, or other municipality,
the Director may exchange the building and site, or the site,
for another site, or may transfer the building and site.
“(2) Exchange or transfer of sites.—If the Director
determines that a site in a covered judicial district
acquired for the construction of a space or facility is not
suitable for that purpose, the Director may—
“(A) exchange the site for another site in the covered
judicial district; or
“(B) declare the site to be excess and transfer the site
to the Administrator.
“(3) Construction or alteration by contract or
otherwise.—The Administrator may carry out a construction or
alteration authorized by this section by contract if the
Director considers it to be most advantageous to the
Government.
“(h) Leasing.—
“(1) In general.—Subject to paragraph (2), a lease
agreement under this section shall be on terms the Director
considers to be in the best interest of the judicial branch
and necessary for the accommodation of the Judiciary.
“(2) Limitations.—
“(A) Term.—A lease agreement under this section may not
bind the Government for more than 20 years.
“(B) Obligation.—The obligation of amounts for a lease
under this section is limited to the current fiscal year for
which payments are due, without regard to section
1341(a)(1)(B) of title 31.
“(i) Transfer of Court Accommodations.—
“(1) In general.—The Administrator shall not transfer,
dispose of, or close any court accommodation located in a
covered judicial district without obtaining the prior consent
of the Director.
“(2) Transfer.—
“(A) In general.—Upon request of the Director, and
consistent with the implementation provisions under section 5
of the Judicial Space and Facilities Management Effectiveness
Act of 2026, the Administrator shall transfer to the Director
the jurisdiction, custody, and control of any requested real
property owned or leased by the United States, and any lease
of real property made on behalf of the United States, that is
located in a covered judicial district, is occupied by the
judicial branch, and is critical to the constitutional
mission of the Judiciary.
“(B) Terms.—With respect to any transfer under
subparagraph (A)—
“(i) the transfer shall be nonreimbursable; and
“(ii) after completion of the transfer, the Director shall
be responsible for performing all building functions for the
applicable real property and to pay the costs of performing
such building functions instead of paying rent for that space
to the Administrator.
“(j) Request for Space or Services to Be Provided by the
Administrator.—
“(1) In general.—The Director may request that the
Administrator provide, acquire, or maintain in a covered
judicial district such court accommodations as may be
required by the Judiciary. Upon such a request of the
Director, the Administrator shall provide and maintain such
court accommodations.
“(2) Multitenant facilities.—If court accommodations are
provided under this subsection by the Administrator in a
multitenant facility, the Administrator shall give priority
to providing court accommodations in contiguous space.
“(3) Alterations.—Consistent with regulatory requirements
and leasing responsibilities of the General Services
Administration, the Administrator shall endeavor to provide
such reasonable alterations to court accommodations provided
under this subsection as shall be requested and financed by
the Director.
“(4) Transfer.—The Director may transfer jurisdiction,
custody, and control or leasehold interest of any space or
facility acquired by the Director to the Administrator for
the provision or maintenance of court accommodations.
“(5) Disposal.—The Director may identify and transfer to
the Administrator for disposal, pursuant to section 542 of
title 40, any real property under the jurisdiction, custody,
and control of the Director, as the Director determines
necessary.
“(6) Funding requests.—The Administrator shall—
“(A) provide the Director, on a nonreimbursable basis,
information requested by the Director that assists the
Director in the development of funding requests by the
Director, including information regarding prospectus-level
repair and alteration projects; and
“(B) with respect to a project for which the Director does
not request funds, request funds in accordance with otherwise
applicable law.
“(7) Operation and management.—For real property for
which jurisdiction, custody, and control is transferred to
the Director under this section, the Administrator shall
provide secure access to systems, databases, and information
used to operate and manage the real property, including
building automation and control systems, real property
inventories and data, personal property inventories and data,
work order management systems, document archives, drawings,
studies, and contracting files.
“(k) Approval of Proposed Projects by Congress.—
“(1) Resolutions required before appropriations may be
made.—
“(A) Construction, purchase, and acquisition.—No
appropriation shall be used to construct, purchase, or
acquire any space or facility located in a covered judicial
district that is to be used as a court accommodation and
which involves a total expenditure in excess of $10,000,000,
adjusted annually for inflation, if such construction,
purchase, or acquisition has not been approved by resolutions
adopted by the Committee on Environment and Public Works of
the Senate and the Committee on Transportation and
Infrastructure of the House of Representatives.
“(B) Alteration.—No appropriation shall be used to alter
any space or facility, or part thereof, that is located in a
covered judicial district and which is under lease by the
Director if the cost of such alteration would exceed
$5,000,000, adjusted annually for inflation, unless such
alteration has been approved by resolutions adopted by the
Committee on Environment and Public Works of the Senate and
the Committee on Transportation and Infrastructure of the
House of Representatives.
“(C) Transmission to congress of prospectus.—For the
purpose of securing consideration for such approval, the
Director shall transmit to the Congress a prospectus of the
proposed construction, purchase, acquisition, or alteration,
including the items set forth in paragraph (3) of this
subsection that are relevant to the proposal.
“(2) Lease resolutions required before appropriations may
be made.—
“(A) In general.—No appropriation shall be used to lease
any space or facility for a permanent court accommodation
that is located in a covered judicial district and which
involves an average annual expenditure in excess of
$10,000,000, adjusted annually for inflation, if such lease
has not been approved by resolutions adopted by the Committee
on Environment and Public Works of the Senate and the
Committee on Transportation and Infrastructure of the House
of Representatives.
“(B) Transmission to congress of prospectus and
statement.—For the purpose of securing consideration for
such approval, the Director shall transmit to the Congress—
“(i) a prospectus of the proposed space or facility
including the items set forth in paragraph (3) of this
subsection that are relevant to the proposal; and
“(ii) a written statement by the Director setting forth
the reasons why leasing such space or facility is necessary
to meet requirements which cannot be met in public buildings.
“(3) Transmission to congress of prospectus of proposed
project.—To secure consideration for the approval referred
to in paragraph (1) or (2) of this subsection, the Director
shall transmit to Congress a prospectus of the proposed space
or facility, including—
“(A) a brief description of the space or facility to be
constructed, altered, purchased, or acquired or the space to
be leased;
“(B) the location of the space or facility to be leased
and an estimate of the maximum cost to the Federal Government
of the facility to be constructed, altered, purchased, or
acquired, or the space to be leased;
“(C) a comprehensive plan for providing space for all
officers and employees of the judicial branch in the locality
of the proposed facility or the space to be leased, having
due regard for suitable space which may continue to be
available in existing Federal Government-owned or occupied
buildings, especially those buildings that enhance the
architectural, historical, social, cultural, and economic
environment of the locality;
“(D) with respect to any project for the construction,
alteration, or acquisition of any facility, a statement by
the Director that suitable alternative space already owned or
leased by the Federal Government in proximity to the location
chosen for such court accommodation is not available and that
suitable rental space is not available at a price
commensurate with that to be afforded through the proposed
action;
“(E) a statement of rents and other housing costs
currently being paid by the Federal Government for Federal
agencies to be housed in the facility to be constructed,
altered, or acquired, or the space to be leased;
“(F) with respect to any prospectus for the construction,
alteration, or acquisition of any facility or space to be
leased, an estimate of the future energy performance of the
facility or space and a specific description of the use of
energy efficient and renewable energy systems, including
photovoltaic systems, in carrying out the project;
“(G) a statement of how the proposed project is consistent
with the standards and criteria developed under section 11(b)
of the Federal Assets Sale and Transfer Act of 2016 (Public
Law 114-287; 130 Stat. 1468);
“(H) information on any space occupied by the judicial
branch in the geographical area of the proposed facility,
including uses, any proposed consolidations, and, if not
proposed to be consolidated, a justification for such
determination; and
“(I) a statement by the Director of whether the facility
needs of the judicial branch for the proposed space to be
leased were formerly met by a Federally-owned building,
including any building identified for disposal or sale.
“(4) Increase of estimated maximum cost.—The estimated
maximum cost of any project approved under this subsection as
set forth in any prospectus may be increased by an amount
equal to any percentage increase, as determined by the
Director, in construction or alteration costs from the date
the prospectus is transmitted to Congress. The increase
authorized by this paragraph may not exceed 10 percent of the
estimated maximum cost. The Director shall notify, in
writing, the Committee on Environment and Public Works of the
Senate and the Committee on Transportation and Infrastructure
of the House of Representatives of any increase of more than
5 percent of an estimated maximum cost or of any increase or
decrease in the scope or size of a project of 5 or more
percent. Such notification shall include an explanation
regarding any such increase or decrease. The scope or size of
a project shall not increase or decrease by more than 10
percent unless an amended prospectus is submitted and
approved pursuant to this section.
“(5) Rescissions of approval.—If an appropriation is not
made within 1 year after the date a project for construction,
purchase, alteration, or acquisition is approved under
paragraph (1), the Committee on Environment and Public Works
of the Senate or the Committee on Transportation and
Infrastructure of the House of Representatives by resolution
may rescind its approval before an appropriation is made.
“(6) Emergency leases by the director.—The Director may
enter into emergency leases during any period declared by the
President to require emergency leasing authority. An
emergency lease may not be for more than 180 days without
approval of a prospectus for the lease in accordance with
paragraph (2).
“(7) Minimum performance requirements for leased space.—
With respect to space to be leased, the Director shall
include, to the maximum extent practicable, minimum
performance requirements requiring energy efficiency and the
use of renewable energy.
“(8) Dollar amount adjustment.—The Director annually may
adjust any dollar amount referred to in this section to
reflect a percentage increase or decrease in construction
costs during the prior calendar year, as determined by the
composite index of construction costs of the Department of
Commerce. Any adjustment shall be expeditiously reported to
the Committee on Environment and Public Works of the Senate
and the Committee on Transportation and Infrastructure of the
House of Representatives.
“(9) Notification requirement.—For each project approved
under this subsection, the Director shall notify, in writing,
the Committee on Environment and Public Works of the Senate
and the Committee on Transportation and Infrastructure of the
House of Representatives of any project milestones that are
accomplished, including—
“(A) the solicitation and award of design and construction
services;
“(B) the completion of any actions required for the
project pursuant to the National Environmental Policy Act of
1969 (42 U.S.C. 4321 et seq.);
“(C) any ceremonies for the beginning or completion of the
project;
“(D) a naming ceremony for the project; and
“(E) the completion of the project.
“(10) Expiration of committee resolutions.—Unless a lease
is awarded or a construction, purchase, alteration, repair,
design, or acquisition project is initiated on or before the
date that is 5 years after the resolution of approval is
adopted by the Committee on Transportation and Infrastructure
of the House of Representatives and the Committee on
Environment and Public Works of the Senate pursuant to
paragraph (1) or (2), as applicable, the resolutions shall be
deemed expired.
“(l) Judicial Space and Facilities Management Fund.—
“(1) Fund.—
“(A) Establishment.—There is established in the Treasury
of the United States a fund to be known as the `Judicial
Space and Facilities Management Fund'.
“(B) Deposits.—There shall be deposited in the Space and
Facilities Fund the following:
“(i) Amounts appropriated to the Judiciary in annual
appropriations Acts that are available for the activities
described in paragraph (3), in such amounts as determined by
the Director.
“(ii) Advances or reimbursements from any entity in the
judicial branch for the activities and services described in
paragraph (3).
“(iii) Advances and reimbursements obtained pursuant to
subsection (m) of this section and section 6506(a) of title
“(iv) Such other funds as Congress may appropriate to the
Space and Facilities Fund from time to time, including funds
appropriated for projects approved pursuant to subsection
(k).
“(C) Availability.—Amounts deposited in the Space and
Facilities Fund shall be available until expended for the
purposes set forth in this subsection.
“(2) Transfer of deposits.—The Director—
“(A) may transfer not more than $1,000,000 in a fiscal
year from the Space and Facilities Fund into the fund or
account from which the funds were originally appropriated;
and
“(B) if, not later than 15 days before the date of the
transfer, the Director provides notice to the Committee on
Appropriations of the Senate and the Committee on
Appropriations of the House of Representatives, may transfer
more than $1,000,000 in a fiscal year from the Space and
Facilities Fund into the fund or account from which the funds
were originally appropriated.
“(3) Use of the space and facilities fund.—The Space and
Facilities Fund shall be available for the acquisition,
alteration, construction, and management of space and
facilities and related activities, including—
“(A) the acquisition of space and facilities for court
accommodations in a covered judicial district;
“(B) the lease of space or facilities for court
accommodations in a covered judicial district;
“(C) the construction or alteration of facilities under
the jurisdiction, custody, and control of the Director;
“(D) the maintenance of space under the jurisdiction,
custody, and control of the Director;
“(E) the management, overhead costs, and information
technology requirements associated with the acquisition,
construction, lease, maintenance, or management of space
under the jurisdiction, custody, and control of the Director;
and
“(F) the provision of furniture, fixtures, and equipment.
“(4) Reimbursement of the general services
administration.—Amounts deposited into the Space and
Facilities Fund shall also be available for rent and
reimbursement to the General Services Administration for
court accommodations provided, altered, or maintained by the
General Services Administration.
“(5) Plan for meeting space and facilities management
needs.—The Director shall—
“(A) develop and annually revise, with the approval of the
Judicial Conference of the
United States, a long-range plan for meeting the space and
facilities management needs of the activities funded under
this subsection; and
“(B) submit each plan under subparagraph (A) to—
“(i) the Committee on Appropriations and the Committee on
Environment and Public Works of the Senate; and
“(ii) the Committee on Appropriations and the Committee on
Transportation and Infrastructure of the House of
Representatives.
“(6) Quarterly reporting.—Not later than 90 days after
the end of each fiscal quarter, beginning with the first
fiscal quarter in which the transfer of jurisdiction,
custody, and control of any real property or lease takes
place under this section, the Director shall submit to the
Committee on Appropriations of the Senate and the Committee
on Appropriations of the House of Representatives a report on
expenditure activity of the Judiciary Buildings Service for
the fiscal quarter that includes—
“(A) any amounts deposited in the Space and Facilities
Fund during the fiscal quarter and cumulatively during the
most recent fiscal year;
“(B) any amounts obligated from the Space and Facilities
Fund during the fiscal quarter and cumulatively during the
most recent fiscal year, including amounts used for—
“(i) rent and reimbursements to the General Services
Administration under subsection (l)(4);
“(ii) operating costs for facilities transferred to the
Director under subsection (i);
“(iii) leasing costs for leases executed or assumed by the
Director;
“(iv) management and administrative costs resulting from
the execution of authority under this section; and
“(v) capital costs for facilities transferred to the
Director under subsection (i); and
“(C) a list of each capital expenditure project for which
the total expenditure or cost exceeded the applicable
threshold under subsection (k)(1), including—
“(i) a description of the project, including milestones
reached during the fiscal quarter;
“(ii) the total cost estimate of the project, including an
explanation of any diversion from a previously reported
estimate;
“(iii) the expected date of completion, including an
explanation of any delay from previous reporting; and
“(iv) obligations for the project—
“(I) during the fiscal quarter;
“(II) cumulatively during the most recent fiscal year; and
“(III) cumulatively overall.
“(m) Use of Space and Facilities.—
“(1) Excess space.—The Director is authorized to make
available excess space in all facilities under the
jurisdiction, custody, and control of the Director to
entities not in the judicial branch on a reimbursable or
nonreimbursable basis, as determined appropriate by the
Director.
“(2) Federal agencies.—
“(A) In general.—The Director is authorized to charge
Federal agencies, and Federal agencies are authorized to pay,
by advance or reimbursement, a reasonable rate for
administering the space and other improvements (including the
cost of operation, maintenance, rehabilitation, security,
administrative overhead, and structural, mechanical, and
domestic care) furnished to Federal agencies.
“(B) Amount.—Charges under subparagraph (A) shall cover
the full cost incurred by the Director for the furnishing of
such space or other improvements including a charge for the
depreciation and future capital upgrades and replacements.
“(3) Outleased space.—The Director is authorized to
charge a reasonable rate for outleased space, with the amount
to be determined by the Director and the entity.
“(n) Reimbursement of Administrator.—The Director shall
pay rent and reimburse the Administrator for court
accommodations provided or maintained by the General Services
Administration at rates to be negotiated with the Director,
but in no case shall such rates exceed the actual costs
incurred by the General Services Administration for the
provision of the court accommodation.
“(o) Audit Requirements.—
“(1) In general.—The Director shall audit the vouchers
and transactions of the Space and Facilities Fund annually.
“(2) Requirements.—An audit described in paragraph (1)
shall be performed by an independent certified public
accounting firm.
“(3) Submission to congress.—Not later than 30 days after
the results of an audit described in paragraph (1) are
issued, the Director shall submit to Congress a report
regarding the audit.
“(4) Access for federal agencies.—Upon request by a
Federal agency occupying space within a property under the
jurisdiction, custody, and control of the Director, the
Director shall provide access to the audit reports described
in paragraph (1) relating to the property.
“(p) Federal Regulatory Requirements.—If the Director
acquires, constructs, leases, alters, or maintains any court
accommodations, whether by contract or otherwise, the
Director shall comply with statutory and regulatory
provisions which are applicable to all public buildings or
which otherwise are applicable to all Federal agencies,
including the judicial branch.
“(q) Judicial Conference of the United States Supervision
and Direction.—The Director shall administer all authorities
under this section under the supervision and direction of the
Judicial Conference of the United States.”.
(b) Conforming Amendment.—The table of sections for
chapter 41 of title 28, United States Code, is amended by
inserting after the item relating to section 604 the
following:
“604A. Pilot program for transfer of jurisdiction, custody, and
control of certain judicial branch accommodations to the
Director; authority of the Director.”.
SEC. 3. THURGOOD MARSHALL FEDERAL JUDICIARY BUILDING.
(a) In General.—Chapter 65 of title 40, United States
Code, is amended—
(1) in section 6501—
(A) in the section heading, by striking “Definition” and
inserting “Definitions”;
(B) by striking “this chapter, the term” and inserting
the following: “this chapter—
“(1) the term”;
(C) by striking the period at the end and inserting “;
and”; and
(D) by adding at the end the following:
“(2) the term `Director' means the Director of the
Administrative Office of the United States Courts or the
designee of the Director, except that when there is a vacancy
in the office of the Director, the Acting Director or, in the
absence of the Acting Director, the Deputy Director shall be
deemed to be the Director for purposes of this chapter until
the vacancy is filled.”;
(2) in section 6502—
(A) by striking subsection (b)(2) and inserting the
following:
“(2) Building.—Title to the Building and other
improvements constructed on Squares 721 and 722 remains in
the Federal Government.”; and
(B) by striking subsection (g) and inserting the following:
“(g) Accounting System.—The Director shall maintain an
accounting system for operation and maintenance of the
Building and other improvements which will allow accurate
projections of the dates and cost of major repairs,
improvements, reconstructions, and replacements of the
Building and improvements and other capital expenditures on
the Building and improvements.”;
(3) by striking sections 6503 and 6504;
(4) by redesignating section 6505 as section 6503;
(5) in section 6503, as so redesignated—
(A) by striking subsection (a) and inserting the following:
“(a) Transfer of Jurisdiction.—
“(1) In general.—Effective on the date that is 181 days
after the date of enactment of the Judicial Space and
Facilities Management Effectiveness Act of 2026, the
jurisdiction, custody, and control of the Thurgood Marshall
Federal Judiciary Building shall be transferred to the
Director.
“(2) Terms.—The transfer under paragraph (1) shall be
nonreimbursable.
“(3) Responsibility.—After completion of the transfer
under paragraph (1), the Director shall be responsible for
performing all building functions relating to the Thurgood
Marshall Federal Judiciary Building and to pay the costs
thereof.”; and
(B) in subsection (b), by striking paragraph (3) and
inserting the following:
“(3) Reimbursement.—The Director shall transfer from the
Judicial Space and Facilities Management Fund established
under section 604A(l) of title 28 amounts necessary to
reimburse the United States Capitol Police for expenses
incurred in providing exterior security under this
subsection. The Capitol Police may accept amounts the
Director transfers under this paragraph. Those amounts shall
be credited to the appropriation account charged by the
Capitol Police in carrying out security duties.”;
(6) by redesignating section 6506 as section 6504;
(7) in section 6504, as so redesignated, by striking
subsections (a) through (f), and inserting the following:
“(a) Priority.—
“(1) Judicial branch.—Subject to this section, the
Director may make available to the judicial branch of the
Federal Government all space in the Thurgood Marshall Federal
Judiciary Building and other improvements constructed under
this chapter.
“(2) Other federal governmental entities.—The Director
may make available, on a reimbursable basis, to Federal
Government entities which are not part of the judicial
branch, and which are not staff of Members of Congress or
congressional committees, any space in the Building and other
improvements that the Director decides are not needed by the
judicial branch.
“(3) Other persons.—If any space remains, the Director
may sublease it to any person, pursuant to subsection (d).
“(b) Space for Judicial Branch and Other Federal
Governmental Entities.—Space made available under paragraph
(1) or (2) of subsection (a) is subject to—
“(1) terms and conditions necessary to carry out the
objectives of this chapter; and
“(2) reimbursement at an appropriate rental rate
established by the Director based on square foot of
occupiable space plus an amount necessary to pay each year
for the cost of administering the Building and other
improvements (including the cost of operation, maintenance,
rehabilitation, security, administrative overhead, and
structural, mechanical, and domestic care) that is
attributable to the space, with the amount to be determined
by the Director and, in the case of any Federal Governmental
entity not a part of the judicial branch, the entity.
“(c) Space for Judicial Branch.—
“(1) In general.—The Director may assign space made
available to the judicial branch under subsection (a)(1)
among offices of the judicial branch as the Director
considers appropriate.
“(2) Vacating occupied space.—When the Chief Justice
notifies the Director that the judicial branch requires
additional space in the Building and other improvements, the
Director shall accommodate those requirements within 90 days
after the date of the notification, except that if the space
was made available to the Administrator of General Services,
it shall be vacated expeditiously by not later than a date
the Chief Justice and the Director agree on.
“(3) Unoccupied space.—The Chief Justice has the right of
first refusal to use unoccupied space in the Building to meet
the needs of the judicial branch.
“(d) Outleased Space.—
“(1) Rental rate.—Space outleased by the Director under
subsection (a)(3) is subject to reimbursement at a reasonable
rate, with the amount to be determined by the Director and
the entity.
“(2) Collection of rent.—The Director shall collect, and
lessees are authorized to pay, rent for space outleased under
paragraph (3) of subsection (a).
“(e) Deposit of Rent and Reimbursements.—Amounts received
under subsection (a)(3) (including lease payments and
reimbursements) shall be deposited into the Judicial Space
and Facilities Management Fund established under section
604A(l) of title 28.”; and
(8) by striking section 6507.
(b) Conforming Amendments.—The table of sections for
chapter 65 of title 40, United States Code, is amended—
(1) by striking the item relating to section 6501 and
inserting the following:
“6501. Definitions.”; and
(2) by striking the items relating to sections 6503 through
6507 and inserting the following:
- “6503. Structural and mechanical care and security.
- “6504. Allocation of space.”.
SEC. 4. CONFORMING AMENDMENTS.
(a) In General.—Section 3101 of title 40, United States
Code, is amended by striking “All public buildings” and
inserting “Except as provided under section 604A of title 28
or chapter 65 of this title, all public buildings.”.
(b) Duties of the Director.—Section 604(a) of title 28,
United States Code is amended—
(1) in paragraph (11), by inserting “and vouchers and
accounts relating to the Judiciary Buildings Service” before
the semicolon;
(2) in paragraph (24), by striking “and” at the end;
(3) by redesignating paragraph (25) as paragraph (26); and
(4) by inserting after paragraph (24) the following:
“(25) Oversee and manage the Judiciary Buildings Service
in accordance with section 604A; and”.
SEC. 5. IMPLEMENTATION OF ACT.
(a) Definitions.—In this section—
(1) the term “Administration” means the General Services
Administration;
(2) the term “Administrator” means the Administrator of
General Services;
(3) the term “court accommodation” has the meaning given
that term in section 604A(a) of title 28, United States Code,
as added by this Act; and
(4) the term “Director” means the Director of the
Administrative Office of the United States Courts.
(b) Implementation in General.—To ensure the orderly
transition of buildings from the Administration to the
Administrative Office of the United States Courts, the
Director is authorized to withhold from funds appropriated
for the payment of rent to the Administration by the Director
such sums as are necessary to implement the Judiciary
Buildings Service.
(c) Initial Transfer of Properties.—
(1) In general.—On and after the date of enactment of this
Act, the Director may request that the Administrator transfer
from the Administration to the Director jurisdiction,
custody, and control of any real property or lease housing
court accommodations in a judicial district identified under
section 604A(b) of title 28, United States Code, as added by
section 2 of this Act.
(2) Transfer.—Not later than 90 days after a request by
the Director to transfer jurisdiction, custody, and control
of any real property or lease under paragraph (1), or such
other date as is agreed to by the Director and the
Administrator, the Administrator shall transfer the property
or lease to the Director.
(3) Information.—For any real property or lease being
transferred to the Director, the Administrator shall provide
to the Director essential information required for the
transfer of building management, including detailed operating
costs, shell costs, budget projections, planned and ongoing
projects, condition assessments, drawings, operational
procedures, warranties, rental rates for each tenant,
occupancy data, agreements, and ongoing contracts.
(d) Report and Plan.—Not later than 1 year after the date
of enactment of this Act, and annually thereafter, the
Director shall submit to the Committee on Environment and
Public Works and the Committee on Appropriations of the
Senate and the Committee on Transportation and Infrastructure
and the Committee on Appropriations of the House of
Representatives a report—
(1) discussing the implementation and execution of real
property authority for the real property and leases
transferred under section 604A of title 28, United States
Code, as added by section 2 of this Act, including—
(A) the number of leases signed;
(B) the number of leases terminated;
(C) the total number of leased spaces;
(D) the amount of square footage leased:
(E) the amount of square footage occupied;
(F) the amount of vacant leased space;
(G) the number of buildings owned;
(H) top customers by square feet and annual rent;
(I) completed new construction, major repair, and
alteration projects; and
(J) financial indicators that measure and analyze space
utilization, operating costs per square foot, cost-avoidance
due to building disposals and lease termination, and, to the
extent that the Administrator provides relevant building data
to the Director, deferred maintenance liabilities; and
(2) providing information regarding a plan and proposed
timeline for the orderly transfer of properties or leases in
addition to the real property and leases transferred under
section 604A of title 28, United States Code, as added by
section 2 of this Act.
SEC. 6. GAO REPORT ON THE JUDICIARY BUILDINGS SERVICE.
(a) Report.—Not later than 2 years after the date of
enactment of this Act, and every 2 years thereafter, the
Comptroller General of the United States shall—
(1) conduct a review of the actions taken by the Director
of the Administrative Office of the United States Courts (in
this section referred to as the “Director”) under this Act
and the amendments made by this Act; and
(2) submit to Congress a report on the review conducted
under paragraph (1), which shall include a description of—
(A) the operation, procurement, and contracting processes
of the Judiciary Buildings Service;
(B) contracts awarded by the Judiciary Buildings Service;
(C) any instances of waste, fraud, abuse, or mismanagement
by the Judiciary Buildings Service; and
(D) the vouchers, transactions, and use of the Judicial
Space and Facilities Management Fund established under
604A(l)(1)(A) of title 28, United States Code, as added by
this Act.
(b) Access.—For real property for which jurisdiction,
custody, and control is transferred to the Director under
this Act and the amendments made by this Act, the Director
shall, upon the request of the Comptroller General of the
United States, provide secure access to systems, databases,
and information used to operate and manage the real property,
including building automation and control systems, real
property inventories and data, personal property inventories
and data, work order management systems, document archives,
drawings, studies, and contracting files.
SEC. 7. SUNSET.
(a) Definitions.—In this section—
(1) the term “Administrator” means the Administrator of
General Services; and
(2) the term “Director” means the Director of the
Administrative Office of the United States Courts.
(b) Sunset of Transfer Authority of Director.—The
authority of the Director under section 604A of title 28,
United States Code, as added by section 2 of this Act, to
request the transfer of jurisdiction, custody, and control of
real property and leases from the Administrator shall cease
to have effect on the date that is 7 years after the date of
enactment of this Act.
(c) Orderly Transfer of Assets Back to GSA.—
(1) In general.—On the date that is 10 years after the
date of enactment of this Act, the Director and the
Administrator shall begin an orderly transfer back to the
Administrator of the real property and leases previously
transferred to the Director under the authority described in
subsection (b).
(2) Sunset of remaining authority of director.—On the date
on which the Administrator certifies to Congress that all the
real property and leases described in paragraph (1) have been
transferred back to the Administrator, the remaining
authority of the Director under this Act and the amendments
made by this Act shall cease to have effect.
(d) Repeal.—Effective on the date that is 15 years after
the date of enactment of this Act, this Act is repealed, and
each provision of law amended by this Act is amended to read
as it read on the day before the date of enactment of this
Act.
SEC. 8. SENSE OF CONGRESS.
It is the sense of Congress that, if the Judiciary proves
to be successful in managing real property and leases for
which jurisdiction, custody, and control are transferred
under section 604A of title 28, United States Code, as added
by section 2 of this Act, the extension of real property
authority over additional facilities housing the Judiciary
should be considered to ensure that the administration of
justice is not negatively impacted by deficient facilities.
SEC. 9. SEVERABILITY.
If any provision of this Act or any amendment made by this
Act, or the application of any such provision or amendment to
any person or circumstance, is held invalid, the validity of
the remainder of this Act and the amendments made by this
Act, and the application of such provision or amendment to
any other person or circumstance shall not be affected
thereby.
By Mr. BARRASSO (for himself and Mrs. Blackburn):
S. 5204. A bill to amend the Internal Revenue Code of 1986 to exempt individual account plans from certain prohibited transaction rules; to the Committee on Finance.
Mr. BARRASSO. Mr. President, I ask unanimous consent that the text of the bill be printed in the Record.
- printed in the Record, as follows:
S. 5204
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the “Simplifying Modern Access to
Retirement Tools for Savings Act of 2026” or the “SMART
Savings Act of 2026”.
SEC. 2. EXEMPTION FROM PROHIBITED TRANSACTION RULES.
(a) In General.—Paragraph (1) of section 4975(e) of the
Internal Revenue Code of 1986 is amended to read as follows:
“(1) Plan.—For purposes of this section, the term `plan'
means a trust described in section 401(a) which forms a part
of a plan, or a plan described in section 403(a), which trust
or plan is exempt from tax under section 501(a).”.
(b) Conforming Amendments.—
(1) Section 4975(c) of the Internal Revenue Code of 1986 is
amended—
(A) by striking paragraphs (3), (4), (5), and (6), and
(B) by redesignating paragraph (7) as paragraph (3).
(2) Section 4975(f)(8)(E) of such Code is amended by
striking clause (ii) and by redesignating clause (iii) as
clause (ii).
(c) Preservation of Self-dealing Prohibitions.—Section
408(e)(2)(A) of the Internal Revenue Code of 1986 is amended
to read as follows:
“(A) In general.—
“(i) Self-dealing.—If, during any taxable year of the
individual for whose benefit any individual retirement
account is established, that individual or the individual's
beneficiary deals with the income or assets of a plan in the
individual's own interest or for the individual's own account
or receives consideration for the individual's own personal
account from any party dealing with the plan in connection
with a transaction involving the income or assets of the
plan, other than the receipt of any relationship benefits,
such account ceases to be an individual retirement account as
of the first day of such taxable year. For purposes of this
paragraph—
“(I) the individual for whose benefit any account was
established is treated as the creator of such account,
“(II) the separate account for any individual within an
individual retirement account maintained by an employer or
association of employees is treated as a separate individual
retirement account, and
“(III) each individual retirement plan of the individual
shall be treated as a separate contract.
“(ii) Relationship benefits.—For purposes of clause (i),
the term `relationship benefits' means reduced cost or no-
cost products or services or enhanced or improved products or
services or other benefits received by a person pursuant to
an arrangement in which the account value of, or the fees
incurred for services provided to, an individual retirement
account are taken into account for purposes of determining
eligibility to receive such benefit.”.
(d) Effective Date.—The amendments made by this section
shall apply to transactions occurring after the date of the
enactment of this Act.