S. 1 - For the People Act of 2021

SECTION 1. SHORT TITLE.

This Act may be cited as the "For the People Act of 2021".

SEC. 2. ORGANIZATION OF ACT INTO DIVISIONS; TABLE OF CONTENTS.

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

(1) Division A — Voting.

(2) Division B — Campaign Finance.

(3) Division C — Ethics.

(b) TABLE OF CONTENTS. — The table of contents of this Act is as follows:

Sec. 1. Short title.

Sec. 2. Organization of Act into divisions; table of contents.

Sec. 3. Findings of general constitutional authority.

Sec. 4. Standards for judicial review.

DIVISION A — VOTING

TITLE I — ELECTION ACCESS

Sec. 1000. Short title; statement of policy.

Subtitle A — Voter Registration Modernization

Sec. 1000A. Short title.

PART 1 — PROMOTING INTERNET REGISTRATION

Sec. 1001. Requiring availability of internet for voter registration.

Sec. 1002. Use of internet to update registration information.

Sec. 1003. Provision of election information by electronic mail to individuals registered to vote.

Sec. 1004. Clarification of requirement regarding necessary information to show eligibility to vote.

Sec. 1005. Prohibiting State from requiring applicants to provide more than last 4 digits of Social Security number.

Sec. 1006. Application of rules to certain exempt States.

Sec. 1007. Effective date.

PART 2 — AUTOMATIC VOTER REGISTRATION

Sec. 1011. Short title; findings and purpose.

Sec. 1012. Automatic registration of eligible individuals.

Sec. 1013. Contributing agency assistance in registration.

Sec. 1014. One-time contributing agency assistance in registration of eligible voters in existing records.

Sec. 1015. Voter protection and security in automatic registration.

Sec. 1016. Registration portability and correction.

Sec. 1017. Payments and grants.

Sec. 1018. Treatment of exempt States.

Sec. 1019. Miscellaneous provisions.

Sec. 1020. Definitions.

Sec. 1021. Effective date.

PART 3 — SAME DAY VOTER REGISTRATION

Sec. 1031. Same day registration.

PART 4 — CONDITIONS ON REMOVAL ON BASIS OF INTERSTATE CROSS-CHECKS

Sec. 1041. Conditions on removal of registrants from official list of eligible voters on basis of interstate cross-checks.

PART 5 — OTHER INITIATIVES TO PROMOTE VOTER REGISTRATION

Sec. 1051. Biennial reports on voter registration statistics.

Sec. 1052. Ensuring pre-election registration deadlines are consistent with timing of legal public holidays.

Sec. 1053. Use of Postal Service hard copy change of address form to remind individuals to update voter registration.

Sec. 1054. Grants to States for activities to encourage involvement of minors in election activities.

PART 6 — AVAILABILITY OF HAVA REQUIREMENTS PAYMENTS

Sec. 1061. Availability of requirements payments under HAVA to cover costs of compliance with new requirements.

PART 7 — PROHIBITING INTERFERENCE WITH VOTER REGISTRATION

Sec. 1071. Prohibiting hindering, interfering with, or preventing voter registration.

Sec. 1072. Establishment of best practices.

PART 8 — VOTER REGISTRATION EFFICIENCY ACT

Sec. 1081. Short title.

Sec. 1082. Requiring applicants for motor vehicle driver's licenses in new State to indicate whether State serves as residence for voter registration purposes.

PART 9 — PROVIDING VOTER REGISTRATION INFORMATION TO SECONDARY SCHOOL STUDENTS

Sec. 1091. Pilot program for providing voter registration information to secondary school students prior to graduation.

Sec. 1092. Reports.

Sec. 1093. Authorization of appropriations.

PART 10 — VOTER REGISTRATION OF MINORS

Sec. 1094. Acceptance of voter registration applications from individuals under 18 years of age.

Subtitle B — Access to Voting for Individuals With Disabilities

Sec. 1101. Requirements for States to promote access to voter registration and voting for individuals with disabilities.

Sec. 1102. Establishment and maintenance of State accessible election websites.

Sec. 1103. Protections for in-person voting for individuals with disabilities and older individuals.

Sec. 1104. Protections for individuals subject to guardianship.

Sec. 1105. Expansion and reauthorization of grant program to assure voting access for individuals with disabilities.

Sec. 1106. Appointments to EAC Board of Advisors.

Sec. 1107. Funding for protection and advocacy systems.

Sec. 1108. Pilot programs for enabling individuals with disabilities to register to vote privately and independently at residences.

Sec. 1109. GAO analysis and report on voting access for individuals with disabilities.

Subtitle C — Prohibiting Voter Caging

Sec. 1201. Voter caging and other questionable challenges prohibited.

Sec. 1202. Development and adoption of best practices for preventing voter caging.

Subtitle D — Prohibiting Deceptive Practices and Preventing Voter Intimidation

Sec. 1301. Short title.

Sec. 1302. Prohibition on deceptive practices in Federal elections.

Sec. 1303. Corrective action.

Sec. 1304. Reports to Congress.

Subtitle E — Democracy Restoration

Sec. 1401. Short title.

Sec. 1402. Findings.

Sec. 1403. Rights of citizens.

Sec. 1404. Enforcement.

Sec. 1405. Notification of restoration of voting rights.

Sec. 1406. Definitions.

Sec. 1407. Relation to other laws.

Sec. 1408. Federal prison funds.

Sec. 1409. Effective date.

Subtitle F — Promoting Accuracy, Integrity, and Security Through Voter Verified Permanent Paper Ballot

Sec. 1501. Short title.

Sec. 1502. Paper ballot and manual counting requirements.

Sec. 1503. Accessibility and ballot verification for individuals with disabilities.

Sec. 1504. Durability and readability requirements for ballots.

Sec. 1505. Study and report on optimal ballot design. Sec. 1506. Paper ballot printing requirements.

Sec. 1507. Effective date for new requirements.

Subtitle G — Provisional Ballots

Sec. 1601. Requirements for counting provisional ballots; establishment of uniform and nondiscriminatory standards.

Subtitle H — Early Voting

Sec. 1611. Early voting.

Subtitle I — Voting by Mail

Sec. 1621. Voting by mail.

Sec. 1622. Absentee ballot tracking program.

Sec. 1623. Election mail and delivery improvements.

Sec. 1624. Voting materials postage.

Subtitle J — Absent Uniformed Services Voters and Overseas Voters

Sec. 1701. Pre-election reports on availability and transmission of absentee ballots.

Sec. 1702. Enforcement.

Sec. 1703. Revisions to 45-day absentee ballot transmission rule.

Sec. 1704. Use of single absentee ballot application for subsequent elections.

Sec. 1705. Extending guarantee of residency for voting purposes to family members of absent military personnel.

Sec. 1706. Requiring transmission of blank absentee ballots under UOCAVA to certain voters.

Sec. 1707. Effective date.

Subtitle K — Poll Worker Recruitment and Training

Sec. 1801. Grants to States for poll worker recruitment and training.

Sec. 1802. State defined.

Subtitle L — Enhancement of Enforcement

Sec. 1811. Enhancement of enforcement of Help America Vote Act of 2002.

Subtitle M — Federal Election Integrity

Sec. 1821. Prohibition on campaign activities by chief State election administration officials.

Subtitle N — Promoting Voter Access Through Election Administration Improvements

PART 1 — PROMOTING VOTER ACCESS

Sec. 1901. Treatment of institutions of higher education.

Sec. 1902. Minimum notification requirements for voters affected by polling place changes.

Sec. 1903. Permitting use of sworn written statement to meet identification requirements for voting.

Sec. 1904. Accommodations for voters residing in Indian lands.

Sec. 1905. Ensuring equitable and efficient operation of polling places.

Sec. 1906. Requiring States to provide secured drop boxes for voted absentee ballots in elections for Federal office.

Sec. 1907. Prohibiting States from restricting curbside voting.

PART 2 — DISASTER AND EMERGENCY CONTINGENCY PLANS

Sec. 1911. Requirements for Federal election contingency plans in response to natural disasters and emergencies.

PART 3 — IMPROVEMENTS IN OPERATION OF ELECTION ASSISTANCE COMMISSION

Sec. 1921. Reauthorization of Election Assistance Commission.

Sec. 1922. Requiring States to participate in post-general election surveys.

Sec. 1923. Reports by National Institute of Standards and Technology on use of funds transferred from Election Assistance Commission.

Sec. 1924. Recommendations to improve operations of Election Assistance Commission.

Sec. 1925. Repeal of exemption of Election Assistance Commission from certain government contracting requirements.

PART 4 — MISCELLANEOUS PROVISIONS

Sec. 1931. Application of laws to Commonwealth of Northern Mariana Islands.

Sec. 1932. Definition of election for Federal office.

Sec. 1933. No effect on other laws.

Sec. 1934. Clarification of exemption for states without voter registration.

Subtitle O — Severability

Sec. 1941. Severability.

TITLE II — ELECTION INTEGRITY

Subtitle A — Findings Reaffirming the Commitment of Congress to Restore the Voting Rights Act of 1965

Sec. 2001. Findings reaffirming commitment of Congress to restore the Voting Rights Act.

Subtitle B — Findings Relating to Native American Voting Rights

Sec. 2101. Findings relating to Native American voting rights.

Subtitle C — Findings Relating to District of Columbia Statehood

Sec. 2201. Findings relating to District of Columbia statehood.

Subtitle D — Territorial Voting Rights

Sec. 2301. Findings relating to territorial voting rights.

Sec. 2302. Congressional Task Force on Voting Rights of United States Citizen Residents of Territories of the United States.

Subtitle E — Redistricting Reform

Sec. 2400. Short title; finding of constitutional authority.

PART 1 — REQUIREMENTS FOR CONGRESSIONAL REDISTRICTING

Sec. 2401. Requiring congressional redistricting to be conducted through plan of independent State commission.

Sec. 2402. Ban on mid-decade redistricting.

Sec. 2403. Criteria for redistricting.

PART 2 — INDEPENDENT REDISTRICTING COMMISSIONS

Sec. 2411. Independent redistricting commission.

Sec. 2412. Establishment of selection pool of individuals eligible to serve as members of commission.

Sec. 2413. Public notice and input.

Sec. 2414. Establishment of related entities.

Sec. 2415. Report on diversity of memberships of independent redistricting commissions.

PART 3 — ROLE OF COURTS IN DEVELOPMENT OF REDISTRICTING PLANS

Sec. 2421. Enactment of plan developed by 3-judge court.

Sec. 2422. Special rule for redistricting conducted under order of Federal court.

PART 4 — ADMINISTRATIVE AND MISCELLANEOUS PROVISIONS

Sec. 2431. Payments to States for carrying out redistricting.

Sec. 2432. Civil enforcement.

Sec. 2433. State apportionment notice defined.

Sec. 2434. No effect on elections for State and local office.

Sec. 2435. Effective date.

PART 5 — REQUIREMENTS FOR REDISTRICTING CARRIED OUT PURSUANT TO 2020 CENSUS

SUBPART A — APPLICATION OF CERTAIN REQUIREMENTS
FOR REDISTRICTING CARRIED OUT PURSUANT TO 2020 CENSUS

Sec. 2441. Application of certain requirements for redistricting carried out pursuant to 2020 Census.

Sec. 2442. Triggering events.

SUBPART B — INDEPENDENT REDISTRICTING COMMISSIONS
FOR REDISTRICTING CARRIED OUT PURSUANT TO 2020 CENSUS

Sec. 2451. Use of independent redistricting commissions for redistricting carried out pursuant to 2020 Census.

Sec. 2452. Establishment of selection pool of individuals eligible to serve as members of commission.

Sec. 2453. Criteria for redistricting plan; public notice and input.

Sec. 2454. Establishment of related entities.

Sec. 2455. Report on diversity of memberships of independent redistricting commissions.

Subtitle F — Saving Eligible Voters From Voter Purging

Sec. 2501. Short title.

Sec. 2502. Conditions for removal of voters from list of registered voters.

Subtitle G — No Effect on Authority of States to Provide Greater Opportunities for Voting

Sec. 2601. No effect on authority of States to provide greater opportunities for voting.

Subtitle H — Residence of Incarcerated Individuals

Sec. 2701. Residence of incarcerated individuals.

Subtitle I — Findings Relating to Youth Voting

Sec. 2801. Findings relating to youth voting.

Subtitle J — Severability

Sec. 2901. Severability.

TITLE III — ELECTION SECURITY

Sec. 3000. Short title; sense of Congress.

Subtitle A — Financial Support for Election Infrastructure

PART 1 — VOTING SYSTEM SECURITY IMPROVEMENT GRANTS

Sec. 3001. Grants for obtaining compliant paper ballot voting systems and carrying out voting system security improvements.

Sec. 3002. Coordination of voting system security activities with use of requirements payments and election administration requirements under Help America Vote Act of 2002.

Sec. 3003. Incorporation of definitions.

PART 2 — GRANTS FOR RISK-LIMITING AUDITS OF RESULTS OF ELECTIONS

Sec. 3011. Grants to States for conducting risk-limiting audits of results of elections.

Sec. 3012. GAO analysis of effects of audits.

PART 3 — ELECTION INFRASTRUCTURE INNOVATION GRANT PROGRAM

Sec. 3021. Election infrastructure innovation grant program.

Subtitle B — Security Measures

Sec. 3101. Election infrastructure designation.

Sec. 3102. Timely threat information.

Sec. 3103. Security clearance assistance for election officials.

Sec. 3104. Security risk and vulnerability assessments.

Sec. 3105. Annual reports.

Sec. 3106. Pre-election threat assessments.

Subtitle C — Enhancing Protections for United States Democratic Institutions

Sec. 3201. National strategy to protect United States democratic institutions.

Sec. 3202. National Commission to Protect United States Democratic Institutions.

Subtitle D — Promoting Cybersecurity Through Improvements in Election Administration

Sec. 3301. Testing of existing voting systems to ensure compliance with election cybersecurity guidelines and other guidelines.

Sec. 3302. Treatment of electronic poll books as part of voting systems.

Sec. 3303. Pre-election reports on voting system usage.

Sec. 3304. Streamlining collection of election information.

Subtitle E — Preventing Election Hacking

Sec. 3401. Short title.

Sec. 3402. Election Security Bug Bounty Program.

Subtitle F — Election Security Grants Advisory Committee

Sec. 3501. Establishment of advisory committee.

Subtitle G — Miscellaneous Provisions

Sec. 3601. Definitions.

Sec. 3602. Initial report on adequacy of resources available for implementation.

Subtitle H — Use of Voting Machines Manufactured in the United States

Sec. 3701. Use of voting machines manufactured in the United States.

Subtitle I — Severability

Sec. 3801. Severability.

DIVISION B — CAMPAIGN FINANCE

TITLE IV — CAMPAIGN FINANCE TRANSPARENCY

Subtitle A — Establishing Duty to Report Foreign Election Interference

Sec. 4001. Findings relating to illicit money undermining our democracy.

Sec. 4002. Federal campaign reporting of foreign contacts.

Sec. 4003. Federal campaign foreign contact reporting compliance system.

Sec. 4004. Criminal penalties.

Sec. 4005. Report to congressional intelligence committees.

Sec. 4006. Rule of construction.

Subtitle B — DISCLOSE Act

Sec. 4100. Short title.

PART 1 — CLOSING LOOPHOLES ALLOWING SPENDING BY FOREIGN NATIONALS IN ELECTIONS

Sec. 4101. Clarification of prohibition on participation by foreign nationals in election-related activities.

Sec. 4102. Clarification of application of foreign money ban to certain disbursements and activities.

Sec. 4103. Audit and report on illicit foreign money in Federal elections.

Sec. 4104. Prohibition on contributions and donations by foreign nationals in connections with ballot initiatives and referenda.

Sec. 4105. Disbursements and activities subject to foreign money ban.

Sec. 4106. Prohibiting establishment of corporation to conceal election contributions and donations by foreign nationals.

PART 2 — REPORTING OF CAMPAIGN-RELATED DISBURSEMENTS

Sec. 4111. Reporting of campaign-related disbursements.

Sec. 4112. Application of foreign money ban to disbursements for campaign-related disbursements consisting of covered transfers.

Sec. 4113. Effective date.

PART 3 — OTHER ADMINISTRATIVE REFORMS

Sec. 4121. Petition for certiorari.

Sec. 4122. Judicial review of actions related to campaign finance laws.

Subtitle C — Honest Ads

Sec. 4201. Short title.

Sec. 4202. Purpose.

Sec. 4203. Findings.

Sec. 4204. Sense of Congress.

Sec. 4205. Expansion of definition of public communication.

Sec. 4206. Expansion of definition of electioneering communication.

Sec. 4207. Application of disclaimer statements to online communications.

Sec. 4208. Political record requirements for online platforms.

Sec. 4209. Preventing contributions, expenditures, independent expenditures, and disbursements for electioneering communications by foreign nationals in the form of online advertising.

Sec. 4210. Requiring online platforms to display notices identifying sponsors of political advertisements and to ensure notices continue to be present when advertisements are shared.

Subtitle D — Stand By Every Ad

Sec. 4301. Short title.

Sec. 4302. Stand By Every Ad.

Sec. 4303. Disclaimer requirements for communications made through prerecorded telephone calls.

Sec. 4304. No expansion of persons subject to disclaimer requirements on internet communications.

Sec. 4305. Effective date.

Subtitle E — Deterring Foreign Interference in Elections

PART 1 — DETERRENCE UNDER FEDERAL ELECTION CAMPAIGN ACT OF 1971

Sec. 4401. Restrictions on exchange of campaign information between candidates and foreign powers.

Sec. 4402. Clarification of standard for determining existence of coordination between campaigns and outside interests.

Sec. 4403. Prohibition on provision of substantial assistance relating to contribution or donation by foreign nationals.

Sec. 4404. Clarification of application of foreign money ban.

PART 2 — NOTIFYING STATES OF DISINFORMATION CAMPAIGNS BY FOREIGN NATIONALS

Sec. 4411. Notifying States of disinformation campaigns by foreign nationals.

PART 3 — PROHIBITING USE OF DEEPFAKES IN ELECTION CAMPAIGNS

Sec. 4421. Prohibition on distribution of materially deceptive audio or visual media prior to election.

PART 4 — ASSESSMENT OF EXEMPTION OF REGISTRATION
REQUIREMENTS UNDER FARA FOR REGISTERED LOBBYISTS

Sec. 4431. Assessment of exemption of registration requirements under FARA for registered lobbyists.

Subtitle F — Secret Money Transparency

Sec. 4501. Repeal of restriction of use of funds by Internal Revenue Service to bring transparency to political activity of certain nonprofit organizations.

Subtitle G — Shareholder Right-to-Know

Sec. 4601. Repeal of restriction on use of funds by Securities and Exchange Commission to ensure shareholders of corporations have knowledge of corporation political activity.

Sec. 4602. Shareholder approval of corporate political activity.

Subtitle H — Disclosure of Political Spending by Government Contractors

Sec. 4701. Repeal of restriction on use of funds to require disclosure of political spending by government contractors.

Subtitle I — Limitation and Disclosure Requirements for Presidential Inaugural Committees

Sec. 4801. Short title.

Sec. 4802. Limitations and disclosure of certain donations to, and disbursements by, Inaugural Committees.

Subtitle J — Miscellaneous Provisions

Sec. 4901. Effective dates of provisions.

Sec. 4902. Severability.

TITLE V — CAMPAIGN FINANCE EMPOWERMENT

Subtitle A — Findings Relating to Citizens United Decision

Sec. 5001. Findings relating to Citizens United decision.

Subtitle B — Senate Elections

Sec. 5100. Short title.

PART 1 — SMALL DONOR INCENTIVE PROGRAMS

Sec. 5101. Sense of the Senate regarding small donor incentive programs.

PART 2 — SMALL DOLLAR FINANCING OF SENATE ELECTION CAMPAIGNS

Sec. 5111. Eligibility requirements and benefits of fair elections financing of Senate election campaigns.

Sec. 5112. Prohibition on joint fundraising committees.

Sec. 5113. Exception to limitation on coordinated expenditures by political party committees with participating candidates.

PART 3 — RESPONSIBILITIES OF THE FEDERAL ELECTION COMMISSION

Sec. 5121. Petition for certiorari.

Sec. 5122. Electronic filing of FEC reports.

PART 4 — MISCELLANEOUS PROVISIONS

Sec. 5131. Severability.

Sec. 5132. Effective date.

Subtitle C — Presidential Elections

Sec. 5200. Short title.

PART 1 — PRIMARY ELECTIONS

Sec. 5201. Increase in and modifications to matching payments.

Sec. 5202. Eligibility requirements for matching payments.

Sec. 5203. Repeal of expenditure limitations.

Sec. 5204. Period of availability of matching payments.

Sec. 5205. Examination and audits of matchable contributions.

Sec. 5206. Modification to limitation on contributions for Presidential primary candidates.

PART 2 — GENERAL ELECTIONS

Sec. 5211. Modification of eligibility requirements for public financing.

Sec. 5212. Repeal of expenditure limitations and use of qualified campaign contributions.

Sec. 5213. Matching payments and other modifications to payment amounts.

Sec. 5214. Increase in limit on coordinated party expenditures.

Sec. 5215. Use of general election payments for general election legal and accounting compliance.

PART 3 — EFFECTIVE DATE

Sec. 5221. Effective date.

Subtitle D — Personal Use Services as Authorized Campaign Expenditures

Sec. 5301. Short title; findings; purpose.

Sec. 5302. Treatment of payments for child care and other personal use services as authorized campaign expenditure.

Subtitle E — Empowering Small Dollar Donations

Sec. 5401. Permitting political party committees to provide enhanced support for candidates through use of separate small dollar accounts.

Subtitle F — Severability

Sec. 5501. Severability.

TITLE VI — CAMPAIGN FINANCE OVERSIGHT

Subtitle A — Restoring Integrity to America's Elections

Sec. 6001. Short title.

Sec. 6002. Membership of Federal Election Commission.

Sec. 6003. Assignment of powers to Chair of Federal Election Commission.

Sec. 6004. Revision to enforcement process.

Sec. 6005. Permitting appearance at hearings on requests for advisory opinions by persons opposing the requests.

Sec. 6006. Permanent extension of administrative penalty authority.

Sec. 6007. Restrictions on ex parte communications.

Sec. 6008. Clarifying authority of FEC attorneys to represent FEC in Supreme Court.

Sec. 6009. Requiring forms to permit use of accent marks.

Sec. 6010. Effective date; transition.

Subtitle B — Stopping Super PAC–Candidate Coordination

Sec. 6101. Short title.

Sec. 6102. Clarification of treatment of coordinated expenditures as contributions to candidates.

Sec. 6103. Clarification of ban on fundraising for super PACs by Federal candidates and officeholders.

Subtitle C — Disposal of Contributions or Donations

Sec. 6201. Timeframe for and prioritization of disposal of contributions or donations.

Sec. 6202. 1-year transition period for certain individuals.

Subtitle D — Recommendations to Ensure Filing of Reports Before Date of Election

Sec. 6301. Recommendations to ensure filing of reports before date of election.

Subtitle E — Severability

Sec. 6401. Severability.

DIVISION C — ETHICS

TITLE VII — ETHICAL STANDARDS

Subtitle A — Supreme Court Ethics

Sec. 7001. Code of conduct for Federal judges.

Subtitle B — Foreign Agents Registration

Sec. 7101. Establishment of FARA investigation and enforcement unit within Department of Justice.

Sec. 7102. Authority to impose civil money penalties.

Sec. 7103. Disclosure of transactions involving things of financial value conferred on officeholders.

Sec. 7104. Ensuring online access to registration statements.

Subtitle C — Lobbying Disclosure Reform

Sec. 7201. Expanding scope of individuals and activities subject to requirements of Lobbying Disclosure Act of 1995.

Sec. 7202. Requiring lobbyists to disclose status as lobbyists upon making any lobbying contacts.

Subtitle D — Recusal of Presidential Appointees

Sec. 7301. Recusal of appointees.

Subtitle E — Clearinghouse on Lobbying Information

Sec. 7401. Establishment of clearinghouse.

Subtitle F — Foreign Lobbying

Sec. 7501. Prohibition on foreign lobbying.

Subtitle G — Severability

Sec. 7601. Severability.

TITLE VIII — ETHICS REFORMS FOR THE PRESIDENT, VICE PRESIDENT, AND FEDERAL OFFICERS AND EMPLOYEES

Subtitle A — Executive Branch Conflict of Interest

Sec. 8001. Short title.

Sec. 8002. Restrictions on private sector payment for government service.

Sec. 8003. Requirements relating to slowing revolving door.

Sec. 8004. Prohibition of procurement officers accepting employment from government contractors.

Sec. 8005. Revolving door restrictions on employees moving into the private sector.

Sec. 8006. Guidance on unpaid employees.

Sec. 8007. Limitation on use of Federal funds and contracting at businesses owned by certain Government officers and employees.

Subtitle B — Presidential Conflicts of Interest

Sec. 8011. Short title.

Sec. 8012. Divestiture of personal financial interests of the President and Vice President that pose a potential conflict of interest. 

Sec. 8013. Initial financial disclosure.

Sec. 8014. Contracts by the President or Vice President. 

Sec. 8015. Legal Defense Funds.

Subtitle C — White House Ethics Transparency

Sec. 8021. Short title.

Sec. 8022. Procedure for waivers and authorizations relating to ethics requirements.

Subtitle D — Executive Branch Ethics Enforcement

Sec. 8031. Short title.

Sec. 8032. Reauthorization of the Office of Government Ethics.

Sec. 8033. Tenure of the Director of the Office of Government Ethics.

Sec. 8034. Duties of Director of the Office of Government Ethics.

Sec. 8035. Agency ethics officials training and duties.

Sec. 8036. Prohibition on use of funds for certain Federal employee travel in contravention of certain regulations.

Sec. 8037. Reports on cost of Presidential travel.

Sec. 8038. Reports on cost of senior Federal official travel.

Subtitle E — Conflicts From Political Fundraising

Sec. 8041. Short title.

Sec. 8042. Disclosure of certain types of contributions.

Subtitle F — Transition Team Ethics

Sec. 8051. Short title.

Sec. 8052. Presidential transition ethics programs.

Subtitle G — Ethics Pledge For Senior Executive Branch Employees

Sec. 8061. Short title.

Sec. 8062. Ethics pledge requirement for senior executive branch employees. 

Subtitle H — Travel on Private Aircraft by Senior Political Appointees

Sec. 8071. Short title.

Sec. 8072. Prohibition on use of funds for travel on private aircraft.

Subtitle I — Severability

Sec. 8081. Severability.

TITLE IX — CONGRESSIONAL ETHICS REFORM

Subtitle A — Requiring Members of Congress to Reimburse Treasury
for Amounts Paid as Settlements and Awards Under Congressional Accountability Act of 1995

Sec. 9001. Requiring Members of Congress to reimburse Treasury for amounts paid as settlements and awards under Congressional Accountability Act of 1995 in all cases of employment discrimination acts by Members.

Subtitle B — Conflicts of Interests

Sec. 9101. Prohibiting Members of House of Representatives from serving on boards of for-profit entities.

Sec. 9102. Conflict of interest rules for Members of Congress and congressional staff.

Sec. 9103. Exercise of rulemaking powers.

Subtitle C — Campaign Finance and Lobbying Disclosure

Sec. 9201. Short title.

Sec. 9202. Requiring disclosure in certain reports filed with Federal Election Commission of persons who are registered lobbyists.

Sec. 9203. Effective date.

Subtitle D — Access to Congressionally Mandated Reports

Sec. 9301. Short title.

Sec. 9302. Definitions.

Sec. 9303. Establishment of online portal for congressionally mandated reports.

Sec. 9304. Federal agency responsibilities.

Sec. 9305. Removing and altering reports.

Sec. 9306. Relationship to the Freedom of Information Act.

Sec. 9307. Implementation.

Subtitle E — Reports on Outside Compensation Earned by Congressional Employees

Sec. 9401. Reports on outside compensation earned by Congressional employees.

Subtitle F — Severability

Sec. 9501. Severability.

TITLE X — PRESIDENTIAL AND VICE PRESIDENTIAL TAX TRANSPARENCY

Sec. 10001. Presidential and Vice Presidential tax transparency.

* * *

Subtitle B — DISCLOSE Act

SEC. 4100. SHORT TITLE.

This subtitle may be cited as the "Democracy Is Strengthened by Casting Light On Spending in Elections Act of 2021" or the "DISCLOSE Act of 2021".

PART 1 — CLOSING LOOPHOLES ALLOWING SPENDING BY FOREIGN NATIONALS IN ELECTIONS

SEC. 4101. CLARIFICATION OF PROHIBITION ON PARTICIPATION BY FOREIGN NATIONALS IN ELECTION-RELATED ACTIVITIES.

(a) CLARIFICATION OF PROHIBITION. — Section 319(a) of the Federal Election Campaign Act of 1971 (52 U.S.C. 30121(a)) is amended —

(1) by striking "or" at the end of paragraph (1);

(2) by striking the period at the end of paragraph (2) and inserting "; or"; and

(3) by adding at the end the following new paragraph:

"(3) a foreign national to direct, dictate, control, or directly or indirectly participate in the decision making process of any person (including a corporation, labor organization, political committee, or political organization) with regard to such person's Federal or non-Federal election-related activity, including any decision concerning the making of contributions, donations, expenditures, or disbursements in connection with an election for any Federal, State, or local office or any decision concerning the administration of a political committee.".

(b) CERTIFICATION OF COMPLIANCE. — Section 319 of such Act (52 U.S.C. 30121) is amended by adding at the end the following new subsection:

"(c) CERTIFICATION OF COMPLIANCE REQUIRED PRIOR TO CARRYING OUT ACTIVITY. — Prior to the making in connection with an election for Federal office of any contribution, donation, expenditure, independent expenditure, or disbursement for an electioneering communication by a corporation, labor organization (as defined in section 316(b)), limited liability corporation, or partnership during a year, the chief executive officer of the corporation, labor organization, limited liability corporation, or partnership (or, if the corporation, labor organization, limited liability corporation, or partnership does not have a chief executive officer, the highest ranking official of the corporation, labor organization, limited liability corporation, or partnership), shall file a certification with the Commission, under penalty of perjury, that a foreign national did not direct, dictate, control, or directly or indirectly participate in the decision making process relating to such activity in violation of subsection (a)(3), unless the chief executive officer has previously filed such a certification during that calendar year.".

(c) EFFECTIVE DATE. — The amendments made by this section shall take effect upon the expiration of the 180-day period which begins on the date of the enactment of this Act, and shall take effect without regard to whether or not the Federal Election Commission has promulgated regulations to carry out such amendments.

SEC. 4102. CLARIFICATION OF APPLICATION OF FOREIGN MONEY BAN TO CERTAIN DISBURSEMENTS AND ACTIVITIES.

(a) APPLICATION TO DISBURSEMENTS TO SUPER PACS AND OTHER PERSONS. — Section 319(b) of the Federal Election Campaign Act of 1971 (52 U.S.C. 30121(b)) is amended —

(1) by redesignating paragraphs (1) and (2) as subparagraphs (A) and (B), respectively, and by moving such subparagraphs 2 ems to the right;

(2) by striking "As used in this section" and inserting the following: "DEFINITIONS. — For purposes of this section —

"(1) FOREIGN NATIONAL. — The term"; and

(3) by adding at the end the following new paragraph:

"(2) CONTRIBUTION AND DONATION. — For purposes of paragraphs (1) and (2) of subsection (a), the term 'contribution or donation' includes any disbursement to a political committee which accepts donations or contributions that do not comply with any of the limitations, prohibitions, and reporting requirements of this Act (or any disbursement to or on behalf of any account of a political committee which is established for the purpose of accepting such donations or contributions), or to any other person for the purpose of funding an expenditure, independent expenditure, or electioneering communication (as defined in section 304(f)(3)).".

(b) CONDITIONS UNDER WHICH CORPORATE PACS MAY MAKE CONTRIBUTIONS AND EXPENDITURES. — Section 316(b) of such Act (52 U.S.C. 30118(b)) is amended by adding at the end the following new paragraph:

"(8) A separate segregated fund established by a corporation may not make a contribution or expenditure during a year unless the fund has certified to the Commission the following during the year:

"(A) Each individual who manages the fund, and who is responsible for exercising decisionmaking authority for the fund, is a citizen of the United States or is lawfully admitted for permanent residence in the United States.

"(B) No foreign national under section 319 participates in any way in the decisionmaking processes of the fund with regard to contributions or expenditures under this Act.

"(C) The fund does not solicit or accept recommendations from any foreign national under section 319 with respect to the contributions or expenditures made by the fund.

"(D) Any member of the board of directors of the corporation who is a foreign national under section 319 abstains from voting on matters concerning the fund or its activities.".

SEC. 4103. AUDIT AND REPORT ON ILLICIT FOREIGN MONEY IN FEDERAL ELECTIONS.

(a) IN GENERAL. — Title III of the Federal Election Campaign Act of 1971 (52 U.S.C. 30101 et seq.), as amended by section 1821, is further amended by inserting after section 319A the following new section:

"SEC. 319B. AUDIT AND REPORT ON DISBURSEMENTS BY FOREIGN NATIONALS.

"(a) AUDIT. —

"(1) IN GENERAL. — The Commission shall conduct an audit after each Federal election cycle to determine the incidence of illicit foreign money in such Federal election cycle.

"(2) PROCEDURES. — In carrying out paragraph (1), the Commission shall conduct random audits of any disbursements required to be reported under this Act, in accordance with procedures established by the Commission.

"(b) REPORT. — Not later than 180 days after the end of each Federal election cycle, the Commission shall submit to Congress a report containing —

"(1) results of the audit required by subsection (a)(1);

"(2) an analysis of the extent to which illicit foreign money was used to carry out disinformation and propaganda campaigns focused on depressing turnout among rural communities and the success or failure of these efforts, together with recommendations to address these efforts in future elections;

"(3) an analysis of the extent to which illicit foreign money was used to carry out disinformation and propaganda campaigns focused on depressing turnout among African-American and other minority communities and the success or failure of these efforts, together with recommendations to address these efforts in future elections;

"(4) an analysis of the extent to which illicit foreign money was used to carry out disinformation and propaganda campaigns focused on influencing military and veteran communities and the success or failure of these efforts, together with recommendations to address these efforts in future elections; and

"(5) recommendations to address the presence of illicit foreign money in elections, as appropriate.

"(c) DEFINITIONS. — As used in this section:

"(1) The term 'Federal election cycle' means the period which begins on the day after the date of a regularly scheduled general election for Federal office and which ends on the date of the first regularly scheduled general election for Federal office held after such date.

"(2) The term 'illicit foreign money' means any disbursement by a foreign national (as defined in section 319(b)) prohibited under such section.".

(b) EFFECTIVE DATE. — The amendment made by subsection (a) shall apply with respect to the Federal election cycle that began during November 2020, and each succeeding Federal election cycle.

SEC. 4104. PROHIBITION ON CONTRIBUTIONS AND DONATIONS BY FOREIGN NATIONALS IN CONNECTIONS WITH BALLOT INITIATIVES AND REFERENDA.

(a) IN GENERAL. — Section 319(b) of the Federal Election Campaign Act of 1971 (52 U.S.C. 30121(b)), as amended by section 4102(a), is amended by adding at the end the following new paragraph:

"(3) FEDERAL, STATE, OR LOCAL ELECTION. — The term 'Federal, State, or local election' includes a State or local ballot initiative or referendum.".

(b) EFFECTIVE DATE. — The amendment made by this section shall apply with respect to elections held in 2022 or any succeeding year.

SEC. 4105. DISBURSEMENTS AND ACTIVITIES SUBJECT TO FOREIGN MONEY BAN.

(a) DISBURSEMENTS DESCRIBED. — Section 319(a)(1) of the Federal Election Campaign Act of 1971 (52 U.S.C. 30121(a)(1)), as amended by section 4101, is amended —

(1) by striking "or" at the end of subparagraph (B); and

(2) by striking subparagraph (C) and inserting the following:

"(C) an expenditure;

"(D) an independent expenditure;

"(E) a disbursement for an electioneering communication (within the meaning of section 304(f)(3));

"(F) a disbursement for a communication which is placed or promoted for a fee on a website, web application, or digital application that refers to a clearly identified candidate for election for Federal office and is disseminated within 60 days before a general, special or runoff election for the office sought by the candidate or 30 days before a primary or preference election, or a convention or caucus of a political party that has authority to nominate a candidate for the office sought by the candidate;

"(G) a disbursement for a broadcast, cable or satellite communication, or for a communication which is placed or promoted for a fee on a website, web application, or digital application, that promotes, supports, attacks or opposes the election of a clearly identified candidate for Federal, State, or local office (regardless of whether the communication contains express advocacy or the functional equivalent of express advocacy);

"(H) a disbursement for a broadcast, cable, or satellite communication, or for any communication which is placed or promoted for a fee on an online platform (as defined in section 304(k)(3)), that discusses a national legislative issue of public importance in a year in which a regularly scheduled general election for Federal office is held, but only if the disbursement is made by a covered foreign national described in section 304(j)(3)(C);

"(I) a disbursement by a covered foreign national described in section 304(j)(3)(C) to compensate any person for internet activity that promotes, supports, attacks or opposes the election of a clearly identified candidate for Federal, State, or local office (regardless of whether the activity contains express advocacy or the functional equivalent of express advocacy);

"(J) a disbursement for a Federal judicial nomination communication (as defined in section 324(d)(3));".

(b) EFFECTIVE DATE. — The amendments made by this section shall apply with respect to disbursements made on or after the date of the enactment of this Act.

SEC. 4106. PROHIBITING ESTABLISHMENT OF CORPORATION TO CONCEAL ELECTION CONTRIBUTIONS AND DONATIONS BY FOREIGN NATIONALS.

(a) PROHIBITION. — Chapter 29 of title 18, United States Code, as amended by section 1071(a) and section 1201(a), is amended by adding at the end the following:

"§ 614. Establishment of corporation to conceal election contributions and donations by foreign nationals

"(a) OFFENSE. — It shall be unlawful for an owner, officer, attorney, or incorporation agent of a corporation, company, or other entity to establish or use the corporation, company, or other entity with the intent to conceal an activity of a foreign national (as defined in section 319 of the Federal Election Campaign Act of 1971 (52 U.S.C. 30121)) prohibited under such section 319.

"(b) PENALTY. — Any person who violates subsection (a) shall be imprisoned for not more than 5 years, fined under this title, or both.".

(b) TABLE OF SECTIONS. — The table of sections for chapter 29 of title 18, United States Code, as amended by section 1071(b) and section 1201(b), is amended by inserting after the item relating to section 613 the following:

"614. Establishment of corporation to conceal election contributions and donations by foreign nationals.".

PART 2 — REPORTING OF CAMPAIGN-RELATED DISBURSEMENTS

SEC. 4111. REPORTING OF CAMPAIGN-RELATED DISBURSEMENTS.

(a) DISCLOSURE REQUIREMENTS FOR CORPORATIONS, LABOR ORGANIZATIONS, AND CERTAIN OTHER ENTITIES. —

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

"SEC. 324. DISCLOSURE OF CAMPAIGN-RELATED DISBURSEMENTS BY COVERED ORGANIZATIONS.

"(a) DISCLOSURE STATEMENT. —

"(1) IN GENERAL. — Any covered organization that makes campaign-related disbursements aggregating more than $10,000 in an election reporting cycle shall, not later than 24 hours after each disclosure date, file a statement with the Commission made under penalty of perjury that contains the information described in paragraph (2) —

"(A) in the case of the first statement filed under this subsection, for the period beginning on the first day of the election reporting cycle (or, if earlier, the period beginning one year before the first such disclosure date) and ending on the first such disclosure date; and

"(B) in the case of any subsequent statement filed under this subsection, for the period beginning on the previous disclosure date and ending on such disclosure date.

"(2) INFORMATION DESCRIBED. — The information described in this paragraph is as follows:

"(A) The name of the covered organization and the principal place of business of such organization and, in the case of a covered organization that is a corporation (other than a business concern that is an issuer of a class of securities registered under section 12 of the Securities Exchange Act of 1934 (15 U.S.C. 781) or that is required to file reports under section 15(d) of that Act (15 U.S.C. 780(d))) or an entity described in subsection (e)(2), a list of the beneficial owners (as defined in paragraph (4)(A)) of the entity that —

"(i) identifies each beneficial owner by name and current residential or business street address; and

"(ii) if any beneficial owner exercises control over the entity through another legal entity, such as a corporation, partnership, limited liability company, or trust, identifies each such other legal entity and each such beneficial owner who will use that other entity to exercise control over the entity.

"(B) The amount of each campaign-related disbursement made by such organization during the period covered by the statement of more than $1,000, and the name and address of the person to whom the disbursement was made.

"(C) In the case of a campaign-related disbursement that is not a covered transfer, the election to which the campaign-related disbursement pertains and if the disbursement is made for a public communication, the name of any candidate identified in such communication and whether such communication is in support of or in opposition to a candidate.

"(D) A certification by the chief executive officer or person who is the head of the covered organization that the campaign-related disbursement is not made in cooperation, consultation, or concert with or at the request or suggestion of a candidate, authorized committee, or agent of a candidate, political party, or agent of a political party.

"(E)(i) If the covered organization makes campaign-related disbursements using exclusively funds in a segregated bank account consisting of funds that were paid directly to such account by persons other than the covered organization that controls the account, for each such payment to the account —

"(I) the name and address of each person who made such payment during the period covered by the statement;

"(II) the date and amount of such payment; and

"(III) the aggregate amount of all such payments made by the person during the period beginning on the first day of the election reporting cycle (or, if earlier, the period beginning one year before the disclosure date) and ending on the disclosure date, but only if such payment was made by a person who made payments to the account in an aggregate amount of $10,000 or more during the period beginning on the first day of the election reporting cycle (or, if earlier, the period beginning one year before the disclosure date) and ending on the disclosure date.

"(ii) In any calendar year after 2022, section 315(c)(1)(B) shall apply to the amount described in clause (i) in the same manner as such section applies to the limitations established under subsections (a)(1)(A), (a)(1)(B), (a)(3), and (h) of such section, except that for purposes of applying such section to the amounts described in subsection (b), the 'base period' shall be calendar year 2022.

"(F)(i) If the covered organization makes campaign-related disbursements using funds other than funds in a segregated bank account described in subparagraph (E), for each payment to the covered organization —

"(I) the name and address of each person who made such payment during the period covered by the statement;

"(II) the date and amount of such payment; and

"(III) the aggregate amount of all such payments made by the person during the period beginning on the first day of the election reporting cycle (or, if earlier, the period beginning one year before the disclosure date) and ending on the disclosure date, but only if such payment was made by a person who made payments to the covered organization in an aggregate amount of $10,000 or more during the period beginning on the first day of the election reporting cycle (or, if earlier, the period beginning one year before the disclosure date) and ending on the disclosure date.

"(ii) In any calendar year after 2022, section 315(c)(1)(B) shall apply to the amount described in clause (i) in the same manner as such section applies to the limitations established under subsections (a)(1)(A), (a)(1)(B), (a)(3), and (h) of such section, except that for purposes of applying such section to the amounts described in subsection (b), the 'base period' shall be calendar year 2022.

"(G) Such other information as required in rules established by the Commission to promote the purposes of this section.

"(3) EXCEPTIONS. —

"(A) AMOUNTS RECEIVED IN ORDINARY COURSE OF BUSINESS. — The requirement to include in a statement filed under paragraph (1) the information described in paragraph (2) shall not apply to amounts received by the covered organization in commercial transactions in the ordinary course of any trade or business conducted by the covered organization or in the form of investments (other than investments by the principal shareholder in a limited liability corporation) in the covered organization. For purposes of this subparagraph, amounts received by a covered organization as remittances from an employee to the employee's collective bargaining representative shall be treated as amounts received in commercial transactions in the ordinary course of the business conducted by the covered organization.

"(B) DONOR RESTRICTION ON USE OF FUNDS. — The requirement to include in a statement submitted under paragraph (1) the information described in subparagraph (F) of paragraph (2) shall not apply if —

"(i) the person described in such subparagraph prohibited, in writing, the use of the payment made by such person for campaign-related disbursements; and

"(ii) the covered organization agreed to follow the prohibition and deposited the payment in an account which is segregated from any account used to make campaign-related disbursements.

"(C) THREAT OF HARASSMENT OR REPRISAL. — The requirement to include any information relating to the name or address of any person (other than a candidate) in a statement submitted under paragraph (1) shall not apply if the inclusion of the information would subject the person to serious threats, harassment, or reprisals.

"(4) OTHER DEFINITIONS. — For purposes of this section:

"(A) BENEFICIAL OWNER DEFINED. —

"(i) IN GENERAL. — Except as provided in clause (ii), the term 'beneficial owner' means, with respect to any entity, a natural person who, directly or indirectly —

"(I) exercises substantial control over an entity through ownership, voting rights, agreement, or otherwise; or

"(II) has a substantial interest in or receives substantial economic benefits from the assets of an entity.

"(ii) EXCEPTIONS. — The term 'beneficial owner' shall not include —

"(I) a minor child;

"(II) a person acting as a nominee, intermediary, custodian, or agent on behalf of another person;

"(III) a person acting solely as an employee of an entity and whose control over or economic benefits from the entity derives solely from the employment status of the person;

"(IV) a person whose only interest in an entity is through a right of inheritance, unless the person also meets the requirements of clause (i); or

"(V) a creditor of an entity, unless the creditor also meets the requirements of clause (i).

"(iii) ANTI-ABUSE RULE. — The exceptions under clause (ii) shall not apply if used for the purpose of evading, circumventing, or abusing the provisions of clause (i) or paragraph (2)(A).

"(B) DISCLOSURE DATE. — The term 'disclosure date' means —

"(i) the first date during any election reporting cycle by which a person has made campaign-related disbursements aggregating more than $10,000; and

"(ii) any other date during such election reporting cycle by which a person has made campaign-related disbursements aggregating more than $10,000 since the most recent disclosure date for such election reporting cycle.

"(C) ELECTION REPORTING CYCLE. — The term 'election reporting cycle' means the 2-year period beginning on the date of the most recent general election for Federal office, except that in the case of a campaign-related disbursement for a Federal judicial nomination communication, such term means any calendar year in which the campaign-related disbursement is made.

"(D) PAYMENT. — The term 'payment' includes any contribution, donation, transfer, payment of dues, or other payment.

"(b) COORDINATION WITH OTHER PROVISIONS. —

"(1) OTHER REPORTS FILED WITH THE COMMISSION. — Information included in a statement filed under this section may be excluded from statements and reports filed under section 304.

"(2) TREATMENT AS SEPARATE SEGREGATED FUND. — A segregated bank account referred to in subsection (a)(2)(E) may be treated as a separate segregated fund for purposes of section 527(f)(3) of the Internal Revenue Code of 1986.

"(c) FILING. — Statements required to be filed under subsection (a) shall be subject to the requirements of section 304(d) to the same extent and in the same manner as if such reports had been required under subsection (c) or (g) of section 304.

"(d) CAMPAIGN-RELATED DISBURSEMENT DEFINED. —

"(1) IN GENERAL. — In this section, the term 'campaign-related disbursement' means a disbursement by a covered organization for any of the following:

"(A) An independent expenditure which expressly advocates the election or defeat of a clearly identified candidate for election for Federal office, or is the functional equivalent of express advocacy because, when taken as a whole, it can be interpreted by a reasonable person only as advocating the election or defeat of a candidate for election for Federal office.

"(B) An applicable public communication.

"(C) An electioneering communication, as defined in section 304(f)(3).

"(D) A Federal judicial nomination communication.

"(E) A covered transfer.

"(2) APPLICABLE PUBLIC COMMUNICATIONS. —

"(A) IN GENERAL. — The term 'applicable public communication' means any public communication that refers to a clearly identified candidate for election for Federal office and which promotes or supports the election of a candidate for that office, or attacks or opposes the election of a candidate for that office, without regard to whether the communication expressly advocates a vote for or against a candidate for that office.

"(B) EXCEPTION. — Such term shall not include any news story, commentary, or editorial distributed through the facilities of any broadcasting station or any print, online, or digital newspaper, magazine, publication, or periodical, unless such facilities are owned or controlled by any political party, political committee, or candidate.

"(3) FEDERAL JUDICIAL NOMINATION COMMUNICATION. —

"(A) IN GENERAL. — The term 'Federal judicial nomination communication' means any communication —

"(i) that is by means of any broadcast, cable, or satellite, paid internet, or paid digital communication, paid promotion, newspaper, magazine, outdoor advertising facility, mass mailing, telephone bank, telephone messaging effort of more than 500 substantially similar calls or electronic messages within a 30-day period, or any other form of general public political advertising; and

"(ii) which promotes, supports, attacks, or opposes the nomination or Senate confirmation of an individual as a Federal judge or justice.

"(B) EXCEPTION. — Such term shall not include any news story, commentary, or editorial distributed through the facilities of any broadcasting station or any print, online, or digital newspaper, magazine, publication, or periodical, unless such facilities are owned or controlled by any political party, political committee, or candidate.

"(4) INTENT NOT REQUIRED. — A disbursement for an item described in subparagraph (A), (B), (C), (D), or (E) of paragraph (1) shall be treated as a campaign-related disbursement regardless of the intent of the person making the disbursement.

"(e) COVERED ORGANIZATION DEFINED. — In this section, the term 'covered organization' means any of the following:

"(1) A corporation (other than an organization described in section 501(c)(3) of the Internal Revenue Code of 1986).

"(2) A limited liability corporation that is not otherwise treated as a corporation for purposes of this Act (other than an organization described in section 501(c)(3) of the Internal Revenue Code of 1986).

"(3) An organization described in section 501(c) of such Code and exempt from taxation under section 501(a) of such Code (other than an organization described in section 501(c)(3) of such Code).

"(4) A labor organization (as defined in section 316(b)).

"(5) Any political organization under section 527 of the Internal Revenue Code of 1986, other than a political committee under this Act (except as provided in paragraph (6)).

"(6) A political committee with an account that accepts donations or contributions that do not comply with the contribution limits or source prohibitions under this Act, but only with respect to such accounts.

"(f) COVERED TRANSFER DEFINED. —

"(1) IN GENERAL. — In this section, the term 'covered transfer' means any transfer or payment of funds by a covered organization to another person if the covered organization —

"(A) designates, requests, or suggests that the amounts be used for —

"(i) campaign-related disbursements (other than covered transfers); or

"(ii) making a transfer to another person for the purpose of making or paying for such campaign-related disbursements;

"(B) made such transfer or payment in response to a solicitation or other request for a donation or payment for —

"(i) the making of or paying for campaign-related disbursements (other than covered transfers); or

"(ii) making a transfer to another person for the purpose of making or paying for such campaign-related disbursements;

"(C) engaged in discussions with the recipient of the transfer or payment regarding —

"(i) the making of or paying for campaign-related disbursements (other than covered transfers); or

"(ii) donating or transferring any amount of such transfer or payment to another person for the purpose of making or paying for such campaign-related disbursements;

"(D) made campaign-related disbursements (other than a covered transfer) in an aggregate amount of $50,000 or more during the 2-year period ending on the date of the transfer or payment, or knew or had reason to know that the person receiving the transfer or payment made such disbursements in such an aggregate amount during that 2-year period; or

"(E) knew or had reason to know that the person receiving the transfer or payment would make campaign-related disbursements in an aggregate amount of $50,000 or more during the 2-year period beginning on the date of the transfer or payment.

"(2) EXCLUSIONS. — The term 'covered transfer' does not include any of the following:

"(A) A disbursement made by a covered organization in a commercial transaction in the ordinary course of any trade or business conducted by the covered organization or in the form of investments made by the covered organization.

"(B) A disbursement made by a covered organization if —

"(i) the covered organization prohibited, in writing, the use of such disbursement for campaign-related disbursements; and

"(ii) the recipient of the disbursement agreed to follow the prohibition and deposited the disbursement in an account which is segregated from any account used to make campaign-related disbursements.

"(3) SPECIAL RULE REGARDING TRANSFERS AMONG AFFILIATES. —

"(A) SPECIAL RULE. — A transfer of an amount by one covered organization to another covered organization which is treated as a transfer between affiliates under subparagraph (C) shall be considered a covered transfer by the covered organization which transfers the amount only if the aggregate amount transferred during the year by such covered organization to that same covered organization is equal to or greater than $50,000.

"(B) DETERMINATION OF AMOUNT OF CERTAIN PAYMENTS AMONG AFFILIATES. — In determining the amount of a transfer between affiliates for purposes of subparagraph (A), to the extent that the transfer consists of funds attributable to dues, fees, or assessments which are paid by individuals on a regular, periodic basis in accordance with a per-individual calculation which is made on a regular basis, the transfer shall be attributed to the individuals paying the dues, fees, or assessments and shall not be attributed to the covered organization.

"(C) DESCRIPTION OF TRANSFERS BETWEEN AFFILIATES. — A transfer of amounts from one covered organization to another covered organization shall be treated as a transfer between affiliates if —

"(i) one of the organizations is an affiliate of the other organization; or

"(ii) each of the organizations is an affiliate of the same organization, except that the transfer shall not be treated as a transfer between affiliates if one of the organizations is established for the purpose of making campaign-related disbursements.

"(D) DETERMINATION OF AFFILIATE STATUS. — For purposes of subparagraph (C), a covered organization is an affiliate of another covered organization if —

"(i) the governing instrument of the organization requires it to be bound by decisions of the other organization;

"(ii) the governing board of the organization includes persons who are specifically designated representatives of the other organization or are members of the governing board, officers, or paid executive staff members of the other organization, or whose service on the governing board is contingent upon the approval of the other organization; or

"(iii) the organization is chartered by the other organization.

"(E) COVERAGE OF TRANSFERS TO AFFILIATED SECTION 501(c)(3) ORGANIZATIONS. — This paragraph shall apply with respect to an amount transferred by a covered organization to an organization described in paragraph (3) of section 501(c) of the Internal Revenue Code of 1986 and exempt from tax under section 501(a) of such Code in the same manner as this paragraph applies to an amount transferred by a covered organization to another covered organization.

"(g) NO EFFECT ON OTHER REPORTING REQUIREMENTS. — Nothing in this section shall be construed to waive or otherwise affect any other requirement of this Act which relates to the reporting of campaign-related disbursements.".

(2) CONFORMING AMENDMENT. — Section 304(f)(6) of such Act (52 U.S.C. 30104) is amended by striking "Any requirement" and inserting "Except as provided in section 324(b), any requirement".

(b) COORDINATION WITH FINCEN. —

(1) IN GENERAL. — The Director of the Financial Crimes Enforcement Network of the Department of the Treasury shall provide the Federal Election Commission with such information as necessary to assist in administering and enforcing section 324 of the Federal Election Campaign Act of 1971, as amended by this section.

(2) REPORT. — Not later than 6 months after the date of the enactment of this Act, the Chairman of the Federal Election Commission, in consultation with the Director of the Financial Crimes Enforcement Network of the Department of the Treasury, shall submit to Congress a report with recommendations for providing further legislative authority to assist in the administration and enforcement of such section 324.

SEC. 4112. APPLICATION OF FOREIGN MONEY BAN TO DISBURSEMENTS FOR CAMPAIGN-RELATED DISBURSEMENTS CONSISTING OF COVERED TRANSFERS.

Section 319(b)(2) of the Federal Election Campaign Act of 1971 (52 U.S.C. 30121(a)(1)(A)), as amended by section 4102, is amended —

(1) by striking "includes any disbursement" and inserting "includes —

"(A) any disbursement";

(2) by striking the period at the end and inserting "; and", and

(3) by adding at the end the following new subparagraph:

"(B) any disbursement, other than a disbursement described in section 324(a)(3)(A), to another person who made a campaign-related disbursement consisting of a covered transfer (as described in section 324) during the 2-year period ending on the date of the disbursement.".

SEC. 4113. EFFECTIVE DATE.

The amendments made by this part shall apply with respect to disbursements made on or after January 1, 2022, and shall take effect without regard to whether or not the Federal Election Commission has promulgated regulations to carry out such amendments.

PART 3 — OTHER ADMINISTRATIVE REFORMS

SEC. 4121. PETITION FOR CERTIORARI.

Section 307(a)(6) of the Federal Election Campaign Act of 1971 (52 U.S.C. 30107(a)(6)) is amended by inserting "(including a proceeding before the Supreme Court on certiorari)" after "appeal".

SEC. 4122. JUDICIAL REVIEW OF ACTIONS RELATED TO CAMPAIGN FINANCE LAWS.

(a) IN GENERAL. — Title IV of the Federal Election Campaign Act of 1971 (52 U.S.C. 30141 et seq.) is amended by inserting after section 406 the following new section:

"SEC. 407. JUDICIAL REVIEW.

"(a) IN GENERAL. — If any action is brought for declaratory or injunctive relief to challenge, whether facially or as-applied, the constitutionality or lawfulness of any provision of this Act or of chapter 95 or 96 of the Internal Revenue Code of 1986, or is brought to with respect to any action of the Commission under chapter 95 or 96 of the Internal Revenue Code of 1986, the following rules shall apply:

"(1) The action shall be filed in the United States District Court for the District of Columbia and an appeal from the decision of the district court may be taken to the Court of Appeals for the District of Columbia Circuit.

"(2) In the case of an action relating to declaratory or injunctive relief to challenge the constitutionality of a provision, the party filing the action shall concurrently deliver a copy of the complaint to the Clerk of the House of Representatives and the Secretary of the Senate.

"(3) It shall be the duty of the United States District Court for the District of Columbia and the Court of Appeals for the District of Columbia Circuit to advance on the docket and to expedite to the greatest possible extent the disposition of the action and appeal.

"(b) CLARIFYING SCOPE OF JURISDICTION. — If an action at the time of its commencement is not subject to subsection (a), but an amendment, counterclaim, cross-claim, affirmative defense, or any other pleading or motion is filed challenging, whether facially or as-applied, the constitutionality or lawfulness of this Act or of chapter 95 or 96 of the Internal Revenue Code of 1986, or is brought to with respect to any action of the Commission under chapter 95 or 96 of the Internal Revenue Code of 1986, the district court shall transfer the action to the District Court for the District of Columbia, and the action shall thereafter be conducted pursuant to subsection (a).

"(c) INTERVENTION BY MEMBERS OF CONGRESS. — In any action described in subsection (a) relating to declaratory or injunctive relief to challenge the constitutionality of a provision, any Member of the House of Representatives (including a Delegate or Resident Commissioner to the Congress) or Senate shall have the right to intervene either in support of or opposition to the position of a party to the case regarding the constitutionality of the provision. To avoid duplication of efforts and reduce the burdens placed on the parties to the action, the court in any such action may make such orders as it considers necessary, including orders to require interveners taking similar positions to file joint papers or to be represented by a single attorney at oral argument.

"(d) CHALLENGE BY MEMBERS OF CONGRESS. — Any Member of Congress may bring an action, subject to the special rules described in subsection (a), for declaratory or injunctive relief to challenge, whether facially or as-applied, the constitutionality of any provision of this Act or chapter 95 or 96 of the Internal Revenue Code of 1986.".

(b) CONFORMING AMENDMENTS. —

(1) Section 9011 of the Internal Revenue Code of 1986 is amended to read as follows:

"SEC. 9011. JUDICIAL REVIEW.

"For provisions relating to judicial review of certifications, determinations, and actions by the Commission under this chapter, see section 407 of the Federal Election Campaign Act of 1971.".

(2) Section 9041 of the Internal Revenue Code of 1986 is amended to read as follows:

"SEC. 9041. JUDICIAL REVIEW.

"For provisions relating to judicial review of actions by the Commission under this chapter, see section 407 of the Federal Election Campaign Act of 1971.".

(3) Section 310 of the Federal Election Campaign Act of 1971 (52 U.S.C. 30110) is repealed.

(4) Section 403 of the Bipartisan Campaign Reform Act of 2002 (52 U.S.C. 30110 note) is repealed.

(c) EFFECTIVE DATE. — The amendments made by this section shall apply to actions brought on or after January 1, 2021.

* * *

Subtitle E — Conflicts From Political Fundraising

SEC. 8041. SHORT TITLE.

This subtitle may be cited as the "Conflicts from Political Fundraising Act of 2021".

SEC. 8042. DISCLOSURE OF CERTAIN TYPES OF CONTRIBUTIONS.

(a) DEFINITIONS. — Section 109 of the Ethics in Government Act of 1978 (5 U.S.C. App.) is amended —

(1) by redesignating paragraphs (2) through (19) as paragraphs (5) through (22), respectively; and

(2) by inserting after paragraph (1) the following:

"(2) 'covered contribution' means a payment, advance, forbearance, rendering, or deposit of money, or any thing of value —

"(A)(i) that —

"(I) is —

"(aa) made by or on behalf of a covered individual; or

"(bb) solicited in writing by or at the request of a covered individual; and

"(II) is made —

"(aa) to a political organization, as defined in section 527 of the Internal Revenue Code of 1986; or

"(bb) to an organization —

"(AA) that is described in paragraph (4) or (6) of section 501(c) of the Internal Revenue Code of 1986 and exempt from tax under section 501(a) of such Code; and

"(BB) that promotes or opposes changes in Federal laws or regulations that are (or would be) administered by the agency in which the covered individual has been nominated for appointment to a covered position or is serving in a covered position; or

"(ii) that is —

"(I) solicited in writing by or on behalf of a covered individual; and

"(II) made —

"(aa) by an individual or entity the activities of which are subject to Federal laws or regulations that are (or would be) administered by the agency in which the covered individual has been nominated for appointment to a covered position or is serving in a covered position; and

"(bb) to —

"(AA) a political organization, as defined in section 527 of the Internal Revenue Code of 1986; or

"(BB) an organization that is described in paragraph (4) or (6) of section 501(c) of the Internal Revenue Code of 1986 and exempt from tax under section 501(a) of such Code; and

"(B) that is made to an organization described in item (aa) or (bb) of clause (i)(II) or clause (ii)(II)(bb) of subparagraph (A) for which the total amount of such payments, advances, forbearances, renderings, or deposits of money, or any thing of value, during the calendar year in which it is made is not less than the contribution limitation in effect under section 315(a)(1)(A) of the Federal Election Campaign Act of 1971 (52 U.S.C. 30116(a)(1)(A)) for elections occurring during such calendar year;

"(3) 'covered individual' means an individual who has been nominated or appointed to a covered position; and

"(4) 'covered position' —

"(A) means —

"(i) a position described under sections 5312 through 5316 of title 5, United States Code;

"(ii) a position placed in level IV or V of the Executive Schedule under section 5317 of title 5, United States Code;

"(iii) a position as a limited term appointee, limited emergency appointee, or noncareer appointee in the Senior Executive Service, as defined under paragraphs (5), (6), and (7), respectively, of section 3132(a) of title 5, United States Code; and

"(iv) a position in the executive branch of the Government of a confidential or policy-determining character under schedule C of subpart C of part 213 of title 5 of the Code of Federal Regulations; and

"(B) does not include a position if the individual serving in the position has been excluded from the application of section 101(f)(5);".

(b) DISCLOSURE REQUIREMENTS. — The Ethics in Government Act of 1978 (5 U.S.C. App.) is amended —

(1) in section 101 —

(A) in subsection (a) —

(i) by inserting "(1)" before "Within";

(ii) by striking "unless" and inserting "and, if the individual is assuming a covered position, the information described in section 102(j), except that, subject to paragraph (2), the individual shall not be required to file a report if"; and

(iii) by adding at the end the following:

"(2) If an individual has left a position described in subsection (f) that is not a covered position and, within 30 days, assumes a position that is a covered position, the individual shall, within 30 days of assuming the covered position, file a report containing the information described in section 102(j)(2)(A).";

(B) in subsection (b)(1), in the first sentence, by inserting "and the information required by section 102(j)" after "described in section 102(b)";

(C) in subsection (d), by inserting "and, if the individual is serving in a covered position, the information required by section 102(j)(2)(A)" after "described in section 102(a)"; and

(D) in subsection (e), by inserting "and, if the individual was serving in a covered position, the information required by section 102(j)(2)(A)" after "described in section 102(a)"; and

(2) in section 102 —

(A) in subsection (g), by striking "Political campaign funds" and inserting "Except as provided in subsection (j), political campaign funds"; and

(B) by adding at the end the following: "(j)(1) In this subsection —

"(A) the term 'applicable period' means —

"(i) with respect to a report filed pursuant to subsection (a) or (b) of section 101, the year of filing and the 4 calendar years preceding the year of the filing; and

"(ii) with respect to a report filed pursuant to subsection (d) or (e) of section 101, the preceding calendar year; and

"(B) the term 'covered gift' means a gift that —

"(i) is made to a covered individual, the spouse of a covered individual, or the dependent child of a covered individual;

"(ii) is made by an entity described in item (aa) or (bb) of section 109(2)(A)(i)(II); and

"(iii) would have been required to be reported under subsection (a)(2) if the covered individual had been required to file a report under section 101(d) with respect to the calendar year during which the gift was made.

"(2)(A) A report filed pursuant to subsection (a), (b), (d), or (e) of section 101 by a covered individual shall include, for each covered contribution during the applicable period —

"(i) the date on which the covered contribution was made;

"(ii) if applicable, the date or dates on which the covered contribution was solicited;

"(iii) the value of the covered contribution;

"(iv) the name of the person making the covered contribution; and

"(v) the name of the person receiving the covered contribution.

"(B)(i) Subject to clause (ii), a covered contribution made by or on behalf of, or that was solicited in writing by or on behalf of, a covered individual shall constitute a conflict of interest, or an appearance thereof, with respect to the official duties of the covered individual.

"(ii) The Director of the Office of Government Ethics may exempt a covered contribution from the application of clause (i) if the Director determines the circumstances of the solicitation and making of the covered contribution do not present a risk of a conflict of interest and the exemption of the covered contribution would not affect adversely the integrity of the Government or the public's confidence in the integrity of the Government.

"(3) A report filed pursuant to subsection (a) or (b) of section 101 by a covered individual shall include the information described in subsection (a)(2) with respect to each covered gift received during the applicable period.".

(c) PROVISION OF REPORTS AND ETHICS AGREEMENTS TO CONGRESS. — Section 105 of the Ethics in Government Act of 1978 (5 U.S.C. App.) is amended by adding at the end the following:

"(e) Not later than 30 days after receiving a written request from the Chairman or Ranking Member of a committee or subcommittee of either House of Congress, the Director of the Office of Government Ethics shall provide to the Chairman and Ranking Member each report filed under this title by the covered individual and any ethics agreement entered into between the agency and the covered individual.".

(d) RULES ON ETHICS AGREEMENTS. — The Director of the Office of Government Ethics shall promptly issue rules regarding how an agency in the executive branch shall address information required to be disclosed under the amendments made by this subtitle in drafting ethics agreements between the agency and individuals appointed to positions in the agency.

(e) TECHNICAL AND CONFORMING AMENDMENTS. —

(1) The Ethics in Government Act of 1978 (5 U.S.C. App.) is amended —

(A) in section 101(f) —

(i) in paragraph (9), by striking "section 109(12)" and inserting "section 109(15)";

(ii) in paragraph (10), by striking "section 109(13)" and inserting "section 109(16)";

(iii) in paragraph (11), by striking "section 109(10)" and inserting "section 109(13)"; and

(iv) in paragraph (12), by striking "section 109(8)" and inserting "section 109(11)";

(B) in section 103(l) —

(i) in paragraph (9), by striking "section 109(12)" and inserting "section 109(15)"; and

(ii) in paragraph (10), by striking "section 109(13)" and inserting "section 109(16)"; and

(C) in section 105(b)(3)(A), by striking "section 109(8) or 109(10)" and inserting "section 109(11) or 109(13)".

(2) Section 3(4)(D) of the Lobbying Disclosure Act of 1995 (2 U.S.C. 1602(4)(D)) is amended by striking "section 109(13)" and inserting "section 109(16)".

(3) Section 21A of the Securities Exchange Act of 1934 (15 U.S.C. 78u–1) is amended —

(A) in subsection (g)(2)(B)(ii), by striking "section 109(11) of the Ethics in Government Act of 1978 (5 U.S.C. App. 109(11)))" and inserting "section 109 of the Ethics in Government Act of 1978 (5 U.S.C. App.))"; and

(B) in subsection (h)(2) —

(i) in subparagraph (B), by striking "section 109(8) of the Ethics in Government Act of 1978 (5 U.S.C. App. 109(8))" and inserting "section 109 of the Ethics in Government Act of 1978 (5 U.S.C. App.)"; and

(ii) in subparagraph (C), by striking "section 109(10) of the Ethics in Government Act of 1978 (5 U.S.C. App. 109(10))" and inserting "section 109 of the Ethics in Government Act of 1978 (5 U.S.C. App.)".

(4) Section 499(j)(2) of the Public Health Service Act (42 U.S.C. 290b(j)(2)) is amended by striking "section 109(16) of the Ethics in Government Act of 1978" and inserting "section 109 of the Ethics in Government Act of 1978 (5 U.S.C. App.)".

* * *

TITLE X — PRESIDENTIAL AND VICE PRESIDENTIAL TAX TRANSPARENCY

SEC. 10001. PRESIDENTIAL AND VICE PRESIDENTIAL TAX TRANSPARENCY.

(a) DEFINITIONS. — In this section —

(1) The term "covered candidate" means a candidate of a major party in a general election for the office of President or Vice President.

(2) The term "income tax return" means, with respect to an individual, any return (as such term is defined in section 6103(b)(1) of the Internal Revenue Code of 1986, except that such term shall not include declarations of estimated tax) of —

(A) such individual, other than information returns issued to persons other than such individual; or

(B) of any corporation, partnership, or trust in which such individual holds, directly or indirectly, a significant interest as the sole or principal owner or the sole or principal beneficial owner (as such terms are defined in regulations prescribed by the Secretary).

(3) The term "major party" has the meaning given the term in section 9002 of the Internal Revenue Code of 1986.

(4) The term "Secretary" means the Secretary of the Treasury or the delegate of the Secretary.

(b) DISCLOSURE. —

(1) IN GENERAL. —

(A) CANDIDATES FOR PRESIDENT AND VICE PRESIDENT. — Not later than the date that is 15 days after the date on which an individual becomes a covered candidate, the individual shall submit to the Federal Election Commission a copy of the individual's income tax returns for the 10 most recent taxable years for which a return has been filed with the Internal Revenue Service.

(B) PRESIDENT AND VICE PRESIDENT. — With respect to an individual who is the President or Vice President, not later than the due date for the return of tax for each taxable year, such individual shall submit to the Federal Election Commission a copy of the individual's income tax returns for the taxable year and for the 9 preceding taxable years.

(C) TRANSITION RULE FOR SITTING PRESIDENTS AND VICE PRESIDENTS. — Not later than the date that is 30 days after the date of enactment of this section, an individual who is the President or Vice President on such date of enactment shall submit to the Federal Election Commission a copy of the income tax returns for the 10 most recent taxable years for which a return has been filed with the Internal Revenue Service.

(2) FAILURE TO DISCLOSE. — If any requirement under paragraph (1) to submit an income tax return is not met, the chairman of the Federal Election Commission shall submit to the Secretary a written request that the Secretary provide the Federal Election Commission with the income tax return.

(3) PUBLICLY AVAILABLE. — The chairman of the Federal Election Commission shall make publicly available each income tax return submitted under paragraph (1) in the same manner as a return provided under section 6103(l)(23) of the Internal Revenue Code of 1986 (as added by this section).

(4) TREATMENT AS A REPORT UNDER THE FEDERAL ELECTION CAMPAIGN ACT OF 1971. — For purposes of the Federal Election Campaign Act of 1971 (32 U.S.C. 30101 et seq.), any income tax return submitted under paragraph (1) or provided under section 6103(l)(23) of the Internal Revenue Code of 1986 (as added by this section) shall, after redaction under paragraph (3) or subparagraph (B)(ii) of such section, be treated as a report filed under the Federal Election Campaign Act of 1971 (32 U.S.C. 30101 et seq.).

(c) DISCLOSURE OF RETURNS OF PRESIDENTS AND VICE PRESIDENTS AND CERTAIN CANDIDATES FOR PRESIDENT AND VICE PRESIDENT. —

(1) IN GENERAL. — Section 6103(l) of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph:

"(23) DISCLOSURE OF RETURN INFORMATION OF PRESIDENTS AND VICE PRESIDENTS AND CERTAIN CANDIDATES FOR PRESIDENT AND VICE PRESIDENT. —

"(A) IN GENERAL. — Upon written request by the chairman of the Federal Election Commission under section 10001(b)(2) of the For the People Act of 2021, not later than the date that is 15 days after the date of such request, the Secretary shall provide copies of any return which is so requested to officers and employees of the Federal Election Commission whose official duties include disclosure or redaction of such return under this paragraph.

"(B) DISCLOSURE TO THE PUBLIC. —

"(i) IN GENERAL. — The chairman of the Federal Election Commission shall make publicly available any return which is provided under subparagraph (A).

"(ii) REDACTION OF CERTAIN INFORMATION. — Before making publicly available under clause (i) any return, the chairman of the Federal Election Commission shall redact such information as the Federal Election Commission and the Secretary jointly determine is necessary for protecting against identity theft, such as social security numbers.".

(2) CONFORMING AMENDMENTS. — Section 6103(p)(4) of the Internal Revenue Code of 1986 is amended —

(A) in the matter preceding subparagraph (A) by striking "or (22)" and inserting "(22), or (23)"; and

(B) in subparagraph (F)(ii) by striking "or (22)" and inserting "(22), or (23)".

(3) EFFECTIVE DATE. — The amendments made by this subsection shall apply to disclosures made on or after the date of enactment of this Act.