Anti-Corruption Bureau Creation Act

[Congressional Bills 119th Congress] [From the U.S. Government Publishing Office] [S. 5183 Introduced in Senate (IS)]

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119th CONGRESS 2d Session S. 5183

To establish the Anti-Corruption Bureau, and for other purposes.

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IN THE SENATE OF THE UNITED STATES

July 30, 2026

Mr. Schumer (for himself, Mr. Kim, Mr. Merkley, and Mr. Padilla) introduced the following bill; which was read twice and referred to the Committee on Finance

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A BILL

To establish the Anti-Corruption Bureau, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the ``Anti-Corruption Bureau Creation Act''.

SEC. 2. TABLE OF CONTENTS.

The table of contents for this Act is as follows:

Sec. 1. Short title. Sec. 2. Table of contents. Sec. 3. Findings and purpose. Sec. 4. Definitions. TITLE I--PRIVATE RIGHT OF ACTION TO UNWIND CORRUPTION

Sec. 101. Findings and purpose. Sec. 102. Definitions. Sec. 103. Civil liability for corruption-related violations. Sec. 104. Private right of action. Sec. 105. Award to plaintiffs. Sec. 106. Severability. TITLE II--ESTABLISHMENT OF ANTI-CORRUPTION BUREAU

Sec. 201. Establishment of Bureau. Sec. 202. Membership. Sec. 203. Terms of service. Sec. 204. Chair; Vice Chair. Sec. 205. Blue Ribbon Advisory Panel. Sec. 206. Removal; notice to Congress. TITLE III--POWERS AND DUTIES OF ANTI-CORRUPTION BUREAU

Sec. 301. Powers and duties of the Bureau. Sec. 302. Transfer of functions. Sec. 303. Personnel. TITLE IV--APPOINTMENT OF TEMPORARY MEMBERS TO THE ANTI-CORRUPTION BUREAU

Sec. 401. Assignment of judges to division to appoint temporary members to the Anti-Corruption Bureau. TITLE V--GENERAL MATTERS

Sec. 501. Freedom From Influence Fund. Sec. 502. Authorization of appropriations. Sec. 503. References. Sec. 504. Regulations. Sec. 505. Technical and conforming amendments.

SEC. 3. FINDINGS AND PURPOSE.

(a) Findings.--Congress finds the following: (1) A Federal Government free from corruption is essential to maintaining public trust. (2) Political corruption is fundamentally at odds with the commitment to democratic self-government outlined in the Constitution of the United States. The purpose of the Constitution is to create a Government in which all powers derive, in the words of James Madison, ``from the great body of the people.'' The Federalist No. 39 (James Madison). Corruption frustrates this purpose by privileging the monetary interests of a private elite over the democratically expressed will of the people. (3) The Framers of the Constitution of the United States recognized that corruption poses an existential threat to self- government. George Mason, an influential participant in the Constitutional Convention, told his fellow delegates that, ``if we do not provide against corruption, our government will soon be at an end.'' Notes of Robert Yates (June 23, 1787), in 1 The Records of the Federal Convention of 1787, at 391, 392 (Max Farrand ed., rev. ed. 1966) (1937). Alexander Hamilton, in Federalist No. 68, explained that, in the writing of the Constitution, ``nothing was more to be desired than that every practicable obstacle should be opposed to cabal, intrigue, and corruption.''. (4) To protect the democracy principle of the Constitution of the United States from this threat, the founding charter of the United States is rife with anti-corruption measures. In the article ``The Anti-Corruption Principle'', Professor Zephyr Teachout identifies 23 distinct constitutional provisions aimed at preventing corruption. 94 Cornell L. Rev. 341, 354 (2009). Most prominently, the Constitution of the United States forbids, pursuant to clause 8 of section 9 of article I, Federal officials, including the President, from receiving gifts ``of any kind'' from a foreign power without congressional consent and provides, pursuant to section 4 of article II, that the President should be removed from office in cases of ``bribery''. (5) In defiance of these provisions, the Trump administration has been marked by widespread corruption, disregard for basic ethical standards, and repeated efforts to weaken or take control of independent watchdog agencies to protect the President, the allies of the President, and the financial interests of the President from accountability. (6) President Trump and the family and close supporters of President Trump have leveraged the Government for personal profit at the expense of the people of the United States. (7) When public officials use governmental power to enrich themselves, their families, and major donors--through self- dealing, conflicts of interest, and preferential treatment-- those public officials violate their oath to the Constitution of the United States, defy the democratically expressed will of the people, distort markets, increase costs and financial risks for families in the United States, undermine fair competition for honest businesses, and erode public confidence in democratic institutions. (8) Systemic corruption and pay-to-play practices in the executive branch function as a hidden tax on families in the United States by driving up the prices those families pay for essentials while channeling public resources and policy favors toward special interests rather than the broader public interest. (9) The Constitution of the United States empowers Congress, as the branch of Government with the most direct relationship to the people, to enact laws providing for strong anti-corruption enforcement and truly independent investigative mechanisms, as these measures are essential to defending democracy and protecting the economic well-being of families in the United States. (10) After the Watergate scandal, Congress exercised these powers to create a system of independent watchdog agencies, including the Federal Election Commission, the Office of Government Ethics, and the Office of Special Counsel, to prevent abuses of power, oversee money in politics, and restore trust in Federal institutions. Today, these agencies are failing to fulfill the missions of those agencies because the agencies have been systematically weakened, particularly during the Trump administration. (11) Fifty years after Watergate, the Federal Election Commission--the leading reform agency created during that era-- has been deliberately weakened, stalled by gridlock, and influenced by the very interests the Commission is meant to regulate. This includes the appointment of commissioners opposed to the mission of the Commission, the removal of the Chair of the Commission, and efforts to prevent the Commission from maintaining a quorum. (12) As a result, there is little meaningful enforcement of Federal campaign finance laws, allowing Trump, affiliated political committees, and others to violate or push the limits of the law without consequence. (13) The Ethics in Government Act of 1978, now codified as chapter 131 of title 5, United States Code, established the Office of Government Ethics to prevent conflicts of interest and uphold public trust. The Trump administration, however, weakened this office by removing a Senate-confirmed Director mid-term, attacking inspectors general, and signaling that ethics officials risk retaliation for doing their jobs. (14) These actions are part of a broader strategy to treat ethics rules as optional, reduce financial disclosure to a formality, and allow the President, the inner circle of the President, and family members of the President to benefit from public office without meaningful oversight. (15) The Office of Special Counsel, which is responsible for protecting the merit-based civil service, enforcing the Hatch Act (codified as subchapter III of chapter 73 of title 5, United States Code) and safeguarding whistleblowers, has also been destabilized. This includes the removal of a Senate- confirmed Special Counsel and the installation of interim leadership that pursued politically driven investigations, discouraging the reporting of wrongdoing. (16) Across these agencies, a consistent pattern has emerged: identify the watchdog, target the leadership of the watchdog, shape appointments for political ends, and erode the independence of the watchdog until the watchdog can no longer effectively detect, prevent, or punish misconduct. (17) These actions have accelerated the decline in public confidence in ethical Government and accountability and have put the foundation of democratic governance at risk. (18) The Supreme Court of the United States has held that Congress retains the power to create independent agencies, but that these agencies must be both independent in fact and appearance (see Trump v. Cook, No. 25A312, slip op. at 14 (U.S. June 29, 2026)), with functions that are ``essentially of an investigative and informative nature'' (Buckley v. Valeo, 424 U.S. 1, 137 (1976)), consistent with the holdings of the Supreme Court regarding Congress establishing new independent agencies (see Trump v. Slaughter, No. 25-332, slip op. at 27 (U.S. June 29, 2026) (citing Buckley, 424 U.S. 1, 137-138)). (19) Congress therefore finds it necessary to rebuild and strengthen these institutions ensuring the institutions are truly independent, in fact and appearance, protected from similar abuses in the future, capable of enforcing the law in practice and providing essential transparency into the Government of the United States, and not easily undermined by any single President or political party. (b) Purpose.--The purposes of this Act are the following: (1) To restore and strengthen the ability of the Federal Government to prevent, detect, and address corruption, conflicts of interest, abuses of power, and serious violations of campaign finance, ethics, and civil service laws. (2) To facilitate recovering for the people of the United States the money that has been pilfered through corruption. (3) To rebuild and update the post-Watergate oversight system so that Federal anti-corruption laws are enforced as Congress intended, and that no administration--including the Trump administration--can turn public service into personal gain and easily weaken or take control of that system. (4) To rebuild public trust in the Federal Government by making clear that no one, regardless of position, is above the law--and that the institutions responsible for enforcing the law are strong enough to do so, even in the face of determined efforts, such as those by Trump, to undermine them. (5) To close gaps in the law that have emerged over the past 5 decades and update the post-Watergate framework to address modern challenges, ensuring that future Presidents and administrations cannot repeat the pattern seen during the Trump administration of weakening or taking control of independent oversight agencies. (6) To create an independent establishment that is both independent in fact and appearance, with functions that are essentially of an investigative and informative nature, consistent with the holdings of the Supreme Court of the United States regarding Congress establishing new independent agencies.

SEC. 4. DEFINITIONS.

In this Act: (1) Bureau.--The term ``Bureau'' means the Anti-Corruption Bureau established under section 201. (2) Chair.--The term ``Chair'' means the member of the Bureau designated as the Chair of the Bureau pursuant to section 204(a). (3) Fund.--The term ``Fund'' means the Freedom From Influence Fund established under section 501(a). (4) Panel.--The term ``Panel'' means the Blue Ribbon Advisory Panel established under section 205(a). (5) Vice chair.--The term ``Vice Chair'' means the member of the Bureau elected to the position of Vice Chair of the Bureau pursuant to section 204(b)(1).

TITLE I--PRIVATE RIGHT OF ACTION TO UNWIND CORRUPTION

SEC. 101. FINDINGS AND PURPOSE.

(a) Findings.--Congress finds the following: (1) President Trump has earned not less than $2,000,000,000 since returning to the White House in 2025 according to a recent financial disclosure--a stunning sum for a sitting president. The New Yorker estimates that Donald Trump and the immediate family of Donald Trump have made more than $4,000,000,000 exploiting the presidency. (2) These gains are from various, and extremely lucrative, cryptocurrency ventures, timely stock trades, overseas deals, and business and media ventures intractably linked to the presidential role of Trump. (3) The Trump administration cut a billion-dollar mining deal with Kazakhstan to open one of the largest untapped reserves in the world of tungsten--a critical metal used in semiconductor manufacturing. The United States Government set aside $1,600,000,000 to fund and finance the project. The sons of Donald Trump have a stake in the deal. (4) The sons of Donald Trump have also profited heavily from investing in a huge portfolio of defense technology start- ups that are benefitting from Pentagon contracts. According to the Washington Post, more than a dozen firms have reportedly generated ``at least $3.2 billion in direct government business since the sons invested and an additional $3.1 billion in future contract options''. (5) The Trump family has more than $1,000,000,000 in this crypto fund that is tied to foreign governments. The largest business partner in World Liberty Financial is a fund backed by the United Arab Emirates, whose purchase of a 49 percent stake in the company funneled $187,000,000 to the Trump family. (6) Elon Musk, the first trillionaire in the world, backed Trump and Republicans with over $250,000,000 in election spending. Less than a month into the new administration, companies owned by Musk were already benefitting from the support of those companies for Trump. The New York Times reported that ``Government investigations into Mr. Musk's companies are stalling amid President Trump's firings and Biden administration resignations.'' Trump bestowed unprecedented, and likely unlawful, authority to Musk to run a so-called Department of Government Ethics (commonly known as ``DOGE''), where Musk diverted billions in taxpayer funds to benefit the personal financial interests of Musk while cutting Federal jobs, programs, and essential public services. At the same time, Mr. Musk continued to oversee a vast private business empire that depends heavily on Government funding and has been tasked with handling the conflicts of interest of Musk. (7) Peter Thiel, a Republican megadonor, Vice President JD Vance ally, and founder of Palantir, has raked in billions in Government contracts since donating millions to the campaigns of Trump and the allies of Trump. Since the inauguration of Trump, Palantir has been awarded more than $1,300,000,000 in Federal contracts, and Anduril, the defense tech company heavily backed by Founders Fund, which was founded by Thiel, signed a 10-year contract with the United States Army potentially worth up to $20,000,000,000. (8) These acts of corruption have come at the expense of the people of the United States--investors and consumers defrauded, taxpayers fleeced by paying for no-bid contracts, and victims unable to recover money they are owed because of corrupt pardons, among other direct costs to the public in the United States. (9) When Government officials exploit those positions to benefit themselves, their relatives, or powerful donors-- through self-interested deals, undisclosed conflicts, or favoritism--those officials warp market incentives, raise costs and risks for everyday individuals in the United States, disadvantage law-abiding businesses, and weaken public trust in democratic governance. (10) The money pilfered to line the pockets of the wealthy and the well-connected belongs to the people of the United States. Private litigation can be a tool to recuperate what has been stolen--these funds should be clawed back and returned to the people of the United States. (b) Purposes.--It is the purpose of this title to strengthen enforcement against corruption-related violations by authorizing private persons, including attorneys general of States, to bring civil actions in the name of the United States and to share in recoveries obtained through those actions.

SEC. 102. DEFINITIONS.

In this title: (1) Adult child.--The term ``adult child'' means a child who has attained 18 years of age. (2) Covered person.--The term ``covered person'' means-- (A) the President, the Vice President, the spouse or adult child of the President or Vice President, or the spouse of an adult child of the President or Vice President; (B) any individual serving in a position specified in section 5312 of title 5, United States Code, including any individual serving in that position in an acting capacity; (C) any individual working in the Executive Office of the President who is compensated at a rate of pay at or above level II of the Executive Schedule under section 5313 of title 5, United States Code; (D) any individual serving as a special Government employee, as defined in section 202 of title 18, United States Code; (E) any Assistant Attorney General and any individual working in the Department of Justice who is compensated at a rate of pay at or above level III of the Executive Schedule under section 5314 of title 5, United States Code; (F) the Director of Central Intelligence, the Deputy Director of Central Intelligence, and the Commissioner of Internal Revenue; (G) the chairman and treasurer of the principal campaign committee seeking the election or reelection of the President, and any officer of that committee exercising authority at the national level, during the incumbency of the President; (H) any contractor, as defined in section 7101 of title 41, United States Code; and (I) any individual who held an office or position described in subparagraph (A), (B), (C), (D), (E), (F), (G), or (H) for 1 year after leaving the office or position. (3) Covered violation.--The term ``covered violation'' means a violation of section 103(a). (4) Personal enrichment.--The term ``personal enrichment'' means any money or other thing of value inuring to the benefit of a covered person.

SEC. 103. CIVIL LIABILITY FOR CORRUPTION-RELATED VIOLATIONS.

(a) Prohibition.--It shall be unlawful for any covered person to, in connection with the receipt, use, or control of public funds, property, or authority, engage in any conduct that, directly or indirectly, corruptly uses the office or position of the covered person to obtain personal enrichment for the covered person, or demands, seeks, receives, accepts, or agrees to receive or accept any thing of value to further such corrupt purpose, in an aggregate amount, whether monetary or otherwise, in excess of $50,000. (b) Penalty.--Any covered person who commits a covered violation shall be liable to the United States Government for-- (1) a civil penalty of not less than $50,000 for each covered violation, which shall be adjusted in accordance with the Federal Civil Penalties Inflation Adjustment Act of 1990 (28 U.S.C. 2461 note); (2) disgorgement of the personal enrichment derived from the covered violation, together with prejudgment interest; and (3) three times the amount of damages that the United States Government sustains as a result of the covered violation. (c) Separate Violations.--For purposes of subsection (b)(1), each transaction or course of conduct through which a covered person obtains personal enrichment constitutes a separate covered violation.

SEC. 104. PRIVATE RIGHT OF ACTION.

(a) In General.-- (1) Action.--A person, including an attorney general of a State acting as parens patriae, may bring a civil action in an appropriate district court of the United States for a covered violation for the person and for the United States Government, and the action shall be brought in the name of the United States Government. (2) Voluntary dismissal.--An action brought under paragraph (1) may be voluntarily dismissed only if the court and the Chair give written consent to the dismissal and their reasons for consenting. (b) Initial Procedure.-- (1) Notice.--A copy of the complaint and written disclosure of substantially all material evidence and information the person possesses shall be served on the Government pursuant to rule 4(i) of the Federal Rules of Civil Procedure. (2) Protection of complaint.--The complaint shall be filed in camera, shall remain under seal for not fewer than 60 days, and shall not be served on the defendant until the court so orders. (3) Intervention.--The Government may elect to intervene in an action brought under subsection (a)(1) and proceed with the action within 60 days after the Government receives both the complaint and the material evidence and information. (c) Response to Complaint.-- (1) Extension of seal.-- (A) In general.--The Government may, for good cause shown, move the court for extensions of the time during which the complaint remains under seal under subsection (b)(2). (B) Affidavits and submissions.--Any motion under subparagraph (A) may be supported by affidavits or other submissions in camera. (2) Response.--The defendant shall not be required to respond to any complaint filed under this section until 20 days after the complaint is unsealed and served upon the defendant pursuant to rule 4 of the Federal Rules of Civil Procedure. (d) Conduct of Action.--Before the expiration of the 60-day period or any extensions obtained under subsection (c), the Government shall-- (1) proceed with the action, in which case-- (A) the action shall be conducted by the Government; and (B) the person bringing the action under subsection (a)(1) shall have the right to continue as a party to the action; or (2) notify the court that the Government declines to take over the action, in which case the person bringing the action under subsection (a)(1) shall have the right to conduct the action. (e) No Further Intervention or Action Permitted.--When a person brings an action under this section, no person other than the Government may intervene or bring a related action based on the facts underlying the pending action. (f) Equitable Relief.--In an action for a covered violation under this section, the court may-- (1) impose a constructive trust upon, or order an accounting of, any property traceable to any personal enrichment derived from a covered violation; (2) rescind, or declare void, any contract, lease, license, or other transaction procured by means of a covered violation, on such terms as the court determines equitable to protect the interests of any third party that acted in good faith; and (3) order such other equitable relief as the court determines appropriate to prevent the retention of any benefit of a covered violation. (g) Statute of Limitations.-- (1) In general.--A civil action under this section may not be brought more than 10 years after the date on which the covered violation is committed. (2) Applicable conduct.--A civil action under this section may be brought for a covered violation that occurred on or before the date of enactment of this Act, including a covered violation that occurred on or after January 20, 2025, provided that the civil action shall be required to meet the statute of limitations under paragraph (1). (h) Frivolous Claims.--If the Government does not proceed with the action and the defendant prevails, the court may award the defendant its reasonable attorneys' fees and expenses against the person bringing the action upon a finding that the claim was clearly frivolous, clearly vexatious, and brought primarily for purposes of harassment. (i) Definition of Government.-- (1) In general.--For purposes of this section, the term ``Government'' means the Bureau, acting through the general counsel of the Bureau. (2) Rule of construction.--For purposes of this section, an election, motion, or consent by the Bureau shall constitute the election, motion, or consent of the United States Government.

SEC. 105. AWARD TO PLAINTIFFS.

(a) Government Proceeds With Action.--If the Government proceeds with an action brought by a person under section 104, the court shall award the person not less than 15 percent and not more than 25 percent of the proceeds of the action or settlement of the action, depending upon the extent to which the person substantially contributed to the prosecution of the action. (b) Cases in Which Government Does Not Proceed.--If the Government does not proceed with an action brought by a person under section 104, the court shall award the person not less than 25 percent and not more than 30 percent of the proceeds of the action or settlement of the action. (c) Fees, Expenses, and Costs.--The court shall award the reasonable attorneys' fees, expenses, and costs of the person bringing the action under section 104, which shall be paid out of the proceeds of the action or settlement of the action prior to any distribution to the United States Government. (d) Definition of Government.-- (1) In general.--For purposes of this section, the term ``Government'' means the Bureau, acting through the general counsel of the Bureau. (2) Rule of construction.--For purposes of this section, an election, motion, or consent by the Bureau shall constitute the election, motion, or consent of the United States Government.

SEC. 106. SEVERABILITY.

If any provision of this title, or the application of any provision to any person or circumstance, is held invalid, the remainder of this title, and the application of the provision to other persons or circumstances, shall not be affected by the invalidation.

TITLE II--ESTABLISHMENT OF ANTI-CORRUPTION BUREAU

SEC. 201. ESTABLISHMENT OF BUREAU.

There is established in the executive branch the Anti-Corruption Bureau, which shall be an independent establishment (as defined in section 104 of title 5, United States Code).

SEC. 202. MEMBERSHIP.

(a) Composition.--The Bureau shall be composed of 7 members appointed by the President, by and with the advice and consent of the Senate. (b) Initial Appointment.-- (1) In general.--Subject to paragraph (2), the members of the Bureau first taking office after the date of enactment of this Act shall be appointed by the President, by and with the advice and consent of the Senate, not later than 180 days after the date of enactment of this Act. (2) Failure to nominate.--If the President fails to submit a nomination of an individual for appointment to the Bureau before the date required under paragraph (1), the division of the court specified in section 50 of title 28, United States Code, as added by this Act, shall appoint an appropriate individual to fill that vacancy in the same manner as provided for temporary members of the Bureau under section 203(f) of this title. (c) Joint Referral.-- (1) In general.--The Committee on Rules and Administration of the Senate and the Committee on Homeland Security and Governmental Affairs of the Senate shall have joint jurisdiction over any nomination of an individual nominated by the President to be a member of the Bureau. (2) Report of nominations.--If one committee votes to order reported a nomination described in paragraph (1), the other committee shall report the nomination not later than 30 calendar days thereafter or be automatically discharged. (d) Political Balance.-- (1) In general.--Not more than 3 members of the Bureau may be affiliated with the same political party. (2) Treatment.--For purposes of paragraph (1), an individual shall be deemed affiliated with a political party if the individual was affiliated, including as a registered voter, employee, consultant, or officer, with the political party or any of the candidates or elected public officials of the political party at any time during the 5-year period ending on the date on which the individual is nominated to be a member of the Bureau. (e) Independent Member.--Not fewer than 1 member of the Bureau shall be unaffiliated with any political party during the 5-year period ending on the date on which the individual is nominated to be a member of the Bureau. (f) Qualifications.--In appointing members of the Bureau under subsection (a), the President shall select individuals who have demonstrated-- (1) expertise in election law, Government ethics, criminal law, administrative law, whistleblower protection, or other relevant disciplines relating to public integrity and anti- corruption enforcement; and (2) records of integrity, impartiality, and good judgment. (g) Prohibition on Outside Business, Vocation, or Employment.-- Members of the Bureau shall not-- (1) engage in any other business, vocation, or employment; or (2) hold any other concurrent position within the Federal Government. (h) Quorum.-- (1) In general.--Subject to paragraph (2), a quorum of the Bureau shall consist of 3 members. (2) Requirement.--The Bureau may not take any action if more than \1/2\ of the members of the Bureau in attendance are affiliated with the same political party due to any vacancy.

SEC. 203. TERMS OF SERVICE.

(a) Term.--Each member of the Bureau shall be appointed for a single term of 6 years, except as provided in subsections (b) and (c). (b) Initial Staggering.--The terms of office of the members of the Bureau first taking office after the date of enactment of this Act shall expire, as designated by the President at the time of the appointment of the members, as follows: (1) Two such terms shall expire at the end of 2 years. (2) Two such terms shall expire at the end of 4 years. (3) Three such terms shall expire at the end of 6 years. (c) Reappointment.--A member of the Bureau appointed to an initial term of fewer than 6 years may be reappointed to 1 additional term of 6 years. (d) Vacancies.--Any member of the Bureau appointed to fill a vacancy occurring before the expiration of the term for which the predecessor was appointed shall be appointed only for the remainder of that term. (e) Limitation on Service After Expiration of Term.--A member of the Bureau may continue to serve on the Bureau after the expiration of the term of the member for an additional period, but only until the earlier of-- (1) the date on which a successor for the member has taken office as a member of the Bureau; or (2) the expiration of the 60-day period that begins on the last day of the term of the member. (f) Appointment of Temporary Members.-- (1) Appointment.--For any period in which there is a vacancy on the Bureau, the division of the court specified in section 50 of title 28, United States Code, as added by this Act, shall appoint an appropriate individual to fill the vacancy not later than 14 days after the date on which the vacancy first occurs, consistent with the requirements under section 202, except that the individual shall be required to be a retired justice or judge of the United States. (2) Powers and privileges.-- (A) In general.--Any member of the Bureau appointed to fill a vacancy under paragraph (1) shall be entitled to the same powers and privileges as those members of the Bureau appointed by the President, by and with the advice and consent of the Senate. (B) Powers and privileges of the chair.--Any member of the Bureau appointed to fill a vacancy in the position of Chair under paragraph (1) shall be entitled to the same powers and privileges as the Chair under section 204(d). (3) Termination.--The temporary term of any member of the Bureau appointed to fill a vacancy under paragraph (1) shall end on the date on which the successor of the member has taken office as a member of the Bureau consistent with the requirements under section 202. (g) Compensation.--Members of the Bureau shall be paid at an annual rate of pay equal to the annual rate in effect for level II of the Executive Schedule under section 5313 of title 5, United States Code. (h) Recusal.--A member of the Bureau shall recuse himself or herself from consideration of, or participation in, any matter pending before the Bureau that would constitute a conflict of interest.

SEC. 204. CHAIR; VICE CHAIR.

(a) Appointment of Chair.-- (1) Initial appointment.--Of the members of the Bureau first appointed to serve, one such member (as designated by the President at the time the President submits nominations to the Senate) shall serve as Chair of the Bureau. (2) Subsequent appointments.--Any individual who is appointed to succeed the member who serves as Chair (as well as any individual who is appointed to fill a vacancy in the position of Chair) shall serve as Chair. (b) Selection of Vice Chair.-- (1) In general.--The Bureau shall select, by majority vote of its members, one of its members to serve as Vice Chair. (2) Absence or disability of the chair.--The Vice Chair shall act as Chair in the absence or disability of the Chair. (c) Requirement Relating to Independence of Vice Chair.--If the Chair is affiliated with a political party, the Vice Chair shall be required to be a member of the Bureau who is not affiliated with any political party. (d) Powers Assigned to Chair.-- (1) Administrative powers.--The Chair-- (A) shall be the chief administrative officer of the Bureau; (B) shall have the authority to administer the Bureau and the staff of the Bureau; and (C) in consultation with the other members of the Bureau, shall have the authority to-- (i) in accordance with section 203, appoint and remove the staff and the staff director of the Bureau; (ii) request the assistance (including personnel and facilities) of any other agency or department of the United States, whose heads shall make such assistance available to the Bureau with or without reimbursement; and (iii) prepare and establish the budget of the Bureau and make budget requests to the President, the Director of the Office of Management and Budget, and Congress. (2) Other powers.--The Chair shall have the power to-- (A) appoint and remove the general counsel of the Bureau with the concurrence of not fewer than 2 other members of the Bureau; (B) require by special or general orders, any person to submit, under oath, such written reports and answers to questions as the Chair may prescribe; (C) administer oaths or affirmations; (D) require by subpoena, signed by the Chair, the attendance and testimony of witnesses and the production of all documentary evidence relating to the execution of the duties of the Bureau; (E) in any proceeding or investigation, order testimony to be taken by deposition before any person who is designated by the Chair, and shall have the power to administer oaths and, in such instances, to compel testimony and the production of evidence in the same manner as authorized under subparagraph (D); and (F) pay witnesses the same fees and mileage as are paid in like circumstances in the courts of the United States.

SEC. 205. BLUE RIBBON ADVISORY PANEL.

(a) Establishment.--There is established a Blue Ribbon Advisory Panel to recommend individuals for appointment to the Bureau. (b) Convening.-- (1) In general.--On or before the date that is 90 days before the regularly scheduled expiration of the term of a member of the Bureau, or upon the occurrence of a vacancy in the membership of the Bureau prior to the expiration of a term, as applicable, the President shall promptly convene the Panel to propose nominees for membership on the Bureau. (2) Special requirement to convene following enactment.-- Not later than 14 days after the date of enactment of this Act, the President shall convene the Panel to propose nominees for membership on the Bureau for each member of the Bureau. (c) Membership of the Blue Ribbon Advisory Panel.-- (1) Composition.--The Panel shall be composed of 11 members appointed by the President, in consultation with-- (A) the majority leader of the Senate; and (B) the minority leader of the Senate. (2) Political balance.--Members of the Panel shall include individuals representing each major political party and individuals who are not affiliated with any political party, and may include distinguished scholars, retired members of the Federal judiciary, former law enforcement officials, or individuals having experience with and knowledge of election and anti-corruption laws, except that the President may not select any individual to serve on the Panel who holds any public office at the time of selection. (3) Diversity.--In selecting members of the Panel, the President shall make reasonable efforts to encourage racial, ethnic, and gender diversity on the Panel. (d) Duties.--The Panel shall-- (1) identify and evaluate individuals qualified to serve as members of the Bureau; (2) submit to the President a list of recommended individuals for each vacancy on the Bureau, anticipated vacancy on the Bureau, or initial appointment to the Bureau; and (3) submit a report describing the qualifications of each recommended individual for appointment to the Bureau. (e) Timing.--The Panel shall submit recommendations to the President for appointment to the Bureau not later than 90 days after the date on which the Panel is convened. (f) Public Disclosure.--The recommendations and report submitted under paragraphs (2) and (3) of subsection (d), respectively, shall be made public upon transmittal to the President. (g) Presidential Nominations.--If the President submits to the Senate a nomination of an individual not included in the recommendations of the Panel submitted under subsection (d)(2), the President shall, at the time of such submission to the Senate, provide a written explanation of the reasons for the nomination.

SEC. 206. REMOVAL; NOTICE TO CONGRESS.

(a) In General.--Not later than 5 days after removing a member of the Bureau from such position, the President shall submit to the Committee on Rules and Administration and the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on House Administration and the Committee on Oversight and Government Reform of the House of Representatives a written statement of the reasons for removal of the member. (b) Hearings.-- (1) In general.--If the President fails to timely submit a statement under subsection (a), or if the statement does not set forth specific, detailed reasons for removal of the member of the Bureau, the committees described in subsection (a) shall conduct joint oversight hearings on the removal of the member of the Bureau for which a statement was required not later than 60 days after the missed submission deadline. (2) Witnesses.--Any member of the Bureau for which a statement was required under subsection (a) but was not timely or appropriately submitted shall appear as a witness during a joint hearing under paragraph (1).

TITLE III--POWERS AND DUTIES OF ANTI-CORRUPTION BUREAU

SEC. 301. POWERS AND DUTIES OF THE BUREAU.

(a) In General.--The Bureau shall-- (1) administer, seek to obtain compliance with, enforce, and formulate policy with respect to Federal laws relating to-- (A) campaign finance; (B) ethics in Government; (C) conflicts of interest; (D) financial disclosure by Government officers and employees; and (E) whistleblower protection; (2) have exclusive jurisdiction with respect to civil enforcement of-- (A) this Act and any regulation promulgated under this Act; (B) the Federal Election Campaign Act of 1971 (52 U.S.C. 30101 et seq.); (C) chapters 95 and 96 of the Internal Revenue Code of 1986; (D) subchapter II of chapter 12 of title 5, United States Code; and (E) chapter 131 of title 5, United States Code; and (3) recover proceeds from corrupt activities carried out in violation of the Federal laws described in paragraph (1) for victims of such activities and taxpayers in the United States through use of existing Federal authorities. (b) Powers Assigned to Bureau.--The Bureau shall have the power to-- (1) initiate (through civil actions for injunctive, declaratory, or other appropriate relief), defend or appeal (including a proceeding before the Supreme Court on certiorari) any civil action in the name of the Bureau to enforce the provisions of this Act, the Federal Election Campaign Act of 1971 (52 U.S.C. 30101 et seq.), chapters 95 and 96 of the Internal Revenue Code of 1986, subchapter II of chapter 12 of title 5, United States Code, and chapter 131 of title 5, United States Code, through the general counsel of the Bureau; (2) render advisory opinions with respect to the provisions of law described in subsection (a)(2); (3) develop such prescribed forms and to make, amend, and repeal such rules, pursuant to the provisions of chapter 5 of title 5, United States Code, as are necessary to carry out the provisions of this Act, the Federal Election Campaign Act of 1971 (52 U.S.C. 30101 et seq.), chapters 95 and 96 of the Internal Revenue Code of 1986, subchapter II of chapter 12 of title 5, United States Code, and chapter 131 of title 5, United States Code; (4) conduct investigations and hearings expeditiously, to encourage voluntary compliance with, to impose appropriate civil penalties under, and to report apparent criminal violations to the appropriate law enforcement authorities of, as applicable, this Act, the Federal Election Campaign Act of 1971 (52 U.S.C. 30101 et seq.), chapters 95 and 96 of the Internal Revenue Code of 1986, subchapter II of chapter 12 of title 5, United States Code, and chapter 131 of title 5, United States Code; and (5) transmit to the President and Congress not later than June 1 of each year a report that-- (A) states in detail the activities of the Bureau in carrying out the duties of the Bureau under this Act, the Federal Election Campaign Act of 1971 (52 U.S.C. 30101 et seq.), chapters 95 and 96 of the Internal Revenue Code of 1986, subchapter II of chapter 12 of title 5, United States Code, and chapter 131 of title 5, United States Code; and (B) includes any recommendations for any legislative or other action the Bureau considers appropriate. (c) Permitting Bureau To Exercise Other Powers of Chair.--With respect to any investigation, action, or proceeding, the Bureau, by an affirmative vote of a majority of the members who are serving at the time, may exercise any of the powers of the Chair described in 204(d). (d) Staff-Initiated Actions.-- (1) Procedures.--The Bureau shall establish procedures under which career, nonpartisan staff of the Bureau may determine whether there is reason to believe a violation of Federal law described in subsection (a)(1) has occurred. (2) Initiation of investigation.--Upon such a determination by career, nonpartisan staff of the Bureau that a violation of Federal law described in subsection (a)(1) has occurred, staff of the Bureau may initiate an investigation of the violation unless, within a reasonable period established by regulation, a majority of the members of the Bureau votes to prohibit the investigation. (3) Ethics and whistleblower protections.--The Bureau shall establish comparable procedures to those established under paragraphs (1) and (2) for investigation into matters relating to ethics and whistleblower protections. (e) Meetings.--The Bureau shall meet-- (1) not less frequently than once each month; and (2) at the call of any member of the Bureau. (f) Rules for Conduct of Activities; Judicial Notice of Seal; Principal Office.--The Bureau shall-- (1) prepare written rules for the conduct of the activities of the Bureau; (2) have an official seal that shall be judicially noticed; and (3) have its principal office in or near the District of Columbia (but may meet or exercise any of the powers of the Bureau anywhere in the United States). (g) Restrictions on Ex Parte Communications.--Not later than 180 days after the date of enactment of this Act, the Bureau shall promulgate regulations relating to limitations on ex parte communications by members and employees of the Bureau. (h) Prohibition on Executive Branch Influence Over Bureau Activities.-- (1) Prohibition.--It shall be unlawful for any applicable person to-- (A) exercise any power or carry out any duty of the Bureau under this Act on the basis of political or partisan animus; or (B) request that any member or employee of the Bureau, directly or indirectly, exercise any power or carry out any duty of the Bureau under this Act on the basis of political or partisan animus. (2) Reporting requirement.--Any member of the Bureau who receives any request prohibited under paragraph (1)(B) shall report the receipt of such request to the Chair. (3) Penalty.--Any person who willfully violates paragraph (1) or fails to report under paragraph (2) shall be punished upon conviction by a fine in any amount not exceeding $50,000, or imprisonment of not more than 5 years, or both, together with the costs of prosecution. (4) Definition.--For purposes of this section, the term ``applicable person'' means-- (A) the President, the Vice President, any employee of the executive office of the President, and any employee of the executive office of the Vice President; and (B) any individual serving in a position specified in section 5312 of title 5, United States Code. (i) Private Right of Action.-- (1) In general.--Any person, including an attorney general of a State acting as parens patriae, aggrieved by an order of the Bureau dismissing a complaint or other referral for Bureau action filed by such party under any provision of law described in subsection (a)(2), or by a failure of the Bureau to act on such complaint or other referral during the 120-day period beginning on the date the complaint is filed, may file a petition with the United States District Court for the District of Columbia. (2) Procedure.--Any petition under paragraph (1) shall be filed, in the case of a dismissal of a complaint or other referral for Bureau action by the Bureau, within 60 days after the date of the dismissal. (3) Orders by the court.--In any proceeding under this subsection the court may declare that the dismissal of the complaint or the failure to act is contrary to law, and may direct the Bureau to conform with such declaration within 30 days, failing which the complainant may bring, in the name of such complainant, a civil action to remedy the violation involved in the original complaint. (4) Attorneys' fees.--In a civil action under this subsection, the court may allow the prevailing party (other than the Bureau) reasonable attorneys' fees, including litigation expenses, and costs. (5) Rule of construction.--Nothing in this subsection shall be construed to supplant the provisions of section 309(a)(8) of the Federal Election Campaign Act of 1971 (52 U.S.C. 30109(a)(8)). (j) Campaign Finance Powers and Duties.-- (1) Standard for initiating investigations and determining whether violations have occurred.-- (A) Revision of standards.--Section 309(a) of the Federal Election Campaign Act of 1971 (52 U.S.C. 30109(a)) is amended by striking paragraphs (2) and (3) and inserting the following: ``(2)(A) The general counsel, upon receiving a complaint filed with the Bureau under paragraph (1) or upon the basis of information ascertained by the Bureau in the normal course of carrying out its supervisory responsibilities, shall make a determination as to whether or not there is reason to believe that a person has committed, or is about to commit, a violation of this Act or chapter 95 or chapter 96 of the Internal Revenue Code of 1986, and as to whether or not the Bureau should either initiate an investigation of the matter or that the complaint should be dismissed. The general counsel shall promptly provide notification to the Bureau of such determination and the reasons therefore, together with any written response submitted under paragraph (1) by the person alleged to have committed the violation. Upon the expiration of the 30-day period that begins on the date the general counsel provides such notification, the determination of the general counsel shall take effect, unless during such 30-day period the Bureau, by vote of a majority of the members of the Bureau who are serving at the time, overrules the determination of the general counsel. If the determination by the general counsel that the Bureau should investigate the matter takes effect, or if the determination by the general counsel that the complaint should be dismissed is overruled as provided under the previous sentence, the general counsel shall initiate an investigation of the matter on behalf of the Bureau. ``(B) If the Bureau initiates an investigation pursuant to subparagraph (A), the Bureau, through the Chair, shall notify the subject of the investigation of the alleged violation. Such notification shall set forth the factual basis for such alleged violation. The Bureau shall make an investigation of such alleged violation, which may include a field investigation or audit, in accordance with the provisions of this section. The general counsel shall provide notification to the Bureau of any intent to issue a subpoena or conduct any other form of discovery pursuant to the investigation. Upon the expiration of the 15-day period that begins on the date the general counsel provides such notification, the general counsel may issue the subpoena or conduct the discovery, unless during such 15-day period the Bureau, by vote of a majority of the members of the Bureau who are serving at the time, prohibits the general counsel from issuing the subpoena or conducting the discovery. ``(3)(A) Upon completion of an investigation under paragraph (2), the general counsel shall promptly submit to the Bureau the recommendation of the general counsel that the Bureau find either that there is probable cause or that there is not probable cause to believe that a person has committed, or is about to commit, a violation of this Act or chapter 95 or chapter 96 of the Internal Revenue Code of 1986, and shall include with the recommendation a brief stating the position of the general counsel on the legal and factual issues of the case. ``(B) At the time the general counsel submits to the Bureau the recommendation under subparagraph (A), the general counsel shall simultaneously notify the respondent of such recommendation and the reasons therefore, shall provide the respondent with an opportunity to submit a brief within 30 days stating the position of the respondent on the legal and factual issues of the case and replying to the brief of the general counsel. The general counsel and shall promptly submit such brief to the Bureau upon receipt. ``(C) Not later than 30 days after the general counsel submits the recommendation to the Bureau under subparagraph (A) (or, if the respondent submits a brief under subparagraph (B), not later than 30 days after the general counsel submits the respondent's brief to the Bureau under such subparagraph), the Bureau shall approve or disapprove the recommendation by vote of a majority of the members of the Bureau who are serving at the time.''. (B) Conforming amendment relating to initial response to filing of complaint.--Section 309(a)(1) of the Federal Election Campaign Act of 1971 (52 U.S.C. 30109(a)(1)) is amended-- (i) in the third sentence, by striking ``the Commission'' and inserting ``the general counsel''; and (ii) by amending the fourth sentence to read as follows: ``Not later than 15 days after receiving notice from the general counsel under the previous sentence, the person may provide the general counsel with a written response that no action should be taken against such person on the basis of the complaint.''. (2) Revision of standard for review of dismissal of complaints.-- (A) In general.--Section 309(a)(8) of the Federal Election Campaign Act of 1971 (52 U.S.C. 30109(a)(8)) is amended to read as follows: ``(8)(A)(i) Any party aggrieved by an order of the Bureau dismissing a complaint filed by such party after finding either no reason to believe a violation has occurred or no probable cause a violation has occurred may file a petition with the United States District Court for the District of Columbia. Any petition under this subparagraph shall be filed within 60 days after the date on which the party received notice of the dismissal of the complaint. ``(ii) In any proceeding under this subparagraph, the court shall determine by de novo review whether the dismissal by the Bureau of the complaint is contrary to law. In any matter in which the penalty for the alleged violation is greater than $50,000, the court should disregard any claim or defense by the Bureau of prosecutorial discretion as a basis for dismissing the complaint. ``(B)(i) Any party who has filed a complaint with the Bureau and who is aggrieved by a failure of the Bureau, within 1 year after the filing of the complaint, to either dismiss the complaint or to find reason to believe a violation has occurred or is about to occur, may file a petition with the United States District Court for the District of Columbia. ``(ii) In any proceeding under this subparagraph, the court shall treat the failure to act on the complaint as a dismissal of the complaint, and shall determine by de novo review whether the failure by the Bureau to act on the complaint is contrary to law. ``(C) In any proceeding under this paragraph, the court may declare that the dismissal of the complaint or the failure to act is contrary to law, and may direct the Bureau to conform with such declaration within 30 days, failing which the complainant may bring, in the name of such complainant, a civil action to remedy the violation involved in the original complaint.''. (B) Effective date.--The amendments made by subparagraph (A) shall apply-- (i) in the case of complaints that are dismissed by the Bureau, with respect to complaints that are dismissed on or after the date of the enactment of this Act; and (ii) in the case of complaints upon which the Bureau failed to act, with respect to complaints that were filed on or after the date of the enactment of this Act. (k) Government Ethics Powers and Duties.-- (1) Enforcement powers.--Chapter 131 of title 5, United States Code, is amended-- (A) in section 13104(f)(6)(C), by striking ``The Attorney General'' and inserting ``The Anti-Corruption Bureau'' each place the term appears; (B) in section 13106-- (i) in subsection (a)(1), by striking ``The Attorney General'' and inserting ``The Anti- Corruption Bureau''; and (ii) in subsection (b)-- (I) in the subsection heading, by striking ``Attorney General'' and inserting ``Anti-Corruption Bureau''; (II) by striking ``the Director of the Office of Government Ethics,''; and (III) by striking ``the Attorney General'' each place that terms appears and inserting ``the Anti-Corruption Bureau''; (C) in section 13107(c)(2), by striking ``The Attorney General'' and inserting ``The Anti-Corruption Bureau''; and (D) in section 13145(a), by striking ``The Attorney General'' and inserting ``The Anti-Corruption Bureau''. (2) Definitions.-- (A) In general.--Section 13121 of title 5, United States Code, is amended-- (i) in the section heading, by striking ``Establishment'' and inserting ``Definitions; establishment''; (ii) by amending subsection (a) to read as follows: ``(a) Definitions.--In this subchapter: ``(1) Agency; executive agency.--The terms `agency' and `executive agency' shall include the Executive Office of the President. ``(2) Agency head; head of agency.--The terms `agency head' and `head of an agency' shall include the President or the President's designee. ``(3) Bureau.--The term `Bureau' means the Anti-Corruption Bureau established under section 201 of the Anti-Corruption Bureau Creation Act. ``(4) Officer or employee.--The term `officer or employee' shall include any individual occupying a position, providing any official services, or acting in an advisory capacity, in the White House or the Executive Office of the President.''; (iii) by striking subsection (b); (iv) by redesignating subsection (c) as subsection (b); and (v) in subsection (b), as so redesignated-- (I) in the subsection heading, by striking ``Director'' and inserting ``Bureau''; and (II) by striking ``Director'' and inserting ``Bureau'' each place the term appears. (B) Table of sections.--The table of sections for chapter 131 of title 5, United States Code, is amended in the item relating to section 13121, by striking ``Establishment'' and inserting ``Definitions; establishment''. (3) Overall direction.--Section 13122 of title 5, United States Code, is amended by striking subsection (a) and inserting the following: ``(a) In General.--The Bureau-- ``(1) shall provide overall direction of executive branch policies related to ethics and preventing conflicts of interest on the part of officers and employees of any Executive agency, as defined in section 105 of this title; and ``(2) shall have the authority to-- ``(A) conduct investigations into alleged violations of executive branch policies described in paragraph (1), either in response to a complaint filed with the Bureau or sua sponte; ``(B) issue administrative fines to individuals for violations of executive branch policies described in paragraph (1); ``(C) order individuals to take corrective action, including disgorgement, divestiture, and recusal, as the Bureau determines necessary to enforce the executive branch policies described in paragraph (1); and ``(D) bring civil actions in an appropriate district court to enforce fines and orders described in subparagraphs (B) and (C), respectively.''. (4) Responsibilities of the bureau.--Section 13122(b) of title 5, United States Code, is amended-- (A) in the subsection heading, by striking ``Director'' and inserting ``Anti-Corruption Bureau''; (B) in paragraph (1), by striking ``developing, in consultation with the Attorney General and the Office of Personnel Management, rules and regulations to be promulgated by the President or the Director'' and inserting ``developing and promulgating rules and regulations''; (C) by striking paragraph (2) and inserting the following: ``(2) providing mandatory education and training programs for designated agency ethics officials, which may be delegated to each agency or the White House Counsel as determined appropriate by the Bureau;''; (D) in paragraph (4), by striking ``problems'' and inserting ``issues''; (E) in paragraph (6)-- (i) by striking ``issued by the President or the Director''; and (ii) by striking ``problems'' and inserting ``issues''; (F) in paragraph (7)-- (i) by striking ``, when requested,''; and (ii) by striking ``conflict of interest problems'' and inserting ``conflicts of interest, as well as other ethics issues,''; (G) in paragraph (9)-- (i) by striking ``ordering'' and inserting ``receiving allegations of violations of this Act or regulations of the Bureau and, when necessary, investigating an allegation to determine whether a violation occurred, and ordering''; (ii) by striking ``Director'' and inserting ``Bureau''; and (iii) by inserting ``, and recommending appropriate disciplinary action'' before the semicolon at the end; (H) in paragraph (10), by striking ``Director'' and inserting ``Bureau''; (I) in paragraph (12)-- (i) by striking ``evaluating, with the assistance of'' and inserting ``promulgating, with input from''; (ii) by striking ``the need for''; (iii) by striking ``Director'' and inserting ``Bureau''; and (iv) by striking ``conflict of interest and ethical problems'' and inserting ``conflict of interest and ethics issues''; (J) in paragraph (13)-- (i) by striking ``with the Attorney General'' and inserting ``with the inspectors general and the Attorney General''; (ii) by striking ``violations of the conflict of interest laws'' and inserting ``conflict of interest issues and allegations of violations of ethics laws and regulations and this Act''; and (iii) by striking ``, as required by section 535 of title 28''; (K) in paragraph (14), by striking ``; and'' and inserting a semicolon; (L

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