The bill I am introducing today with my colleagues Senators Padilla, Merkley, and Kim is designed to stop Trump's "Art of the Steal."
The first goal of our bill is to get the American people their money 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.
Now, the False Claims Act already allows citizens to file lawsuits 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.
The second goal of our bill is to stop this corruption from happening 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.
My bill would establish a new, independent Anti-Corruption Bureau 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.
It will be led by seven Senate-confirmed Commissioners--three Republicans, three Democrats, and one Independent.
Trump won't be able to commandeer the Bureau because our bill explicitly outlaws trying to weaponize it, with fines and jail time for people who try.
Congress can't defund the Bureau because our bill establishes a self-sustaining funding source for the Agency, much like the Fed.
And the President can't dismantle the Bureau by purging its members, since our bill requires a panel of judges to appoint temporary replacements so the Bureau always has a quorum.
The bill is just common sense--a basic, straightforward way to make sure all facets of government serve the people and no one else.
Americans are demanding we go back to a government they can actually 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.
There being no objection, the text of the bill was ordered to be printed in the Record, as follows:
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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.
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.
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.
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. Sec. 501. Freedom From Influence Fund. Sec. 502. Authorization of appropriations. Sec. 503. References. Sec. 504. Regulations. Sec. 505. Technical and conforming amendments.
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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).
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.
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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.
SEC. 201.
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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.
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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).
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.
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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
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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.
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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
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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.".
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:
"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.
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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.
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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
Text printed in the Record (11,997 characters)
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)
Text printed in the Record (7,063 characters)
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.
There being no objection, the text of the bill was ordered to be printed in the Record, as follows:
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.
Text printed in the Record (9,966 characters)
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 40.
"(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.
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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.
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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 40.
"(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.
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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.
Text printed in the Record (3,656 characters)
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.
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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.
There being no objection, the text of the bill was ordered to be printed in the Record, as follows:
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.