S. 2838 — Protecting Our Democracy Act

This section requires the Attorney General, not later than 30 days after the President grants a pardon (including commutation of sentence) for a covered offense, to submit to the chair and ranking member of each appropriate congressional committee all materials obtained or produced by the prosecution team (including the Attorney General and U.S. Attorneys) and federal investigative agencies relating to the pardoned offense, as well as all Department of Justice materials relating to the pardon. Rule 6(e) of the Federal Rules of Criminal Procedure (governing grand jury secrecy) does not prohibit such disclosures. It defines appropriate congressional committee as the Senate and House Judiciary Committees, plus the Senate Select Committee on Intelligence and House Permanent Select Committee on Intelligence if the investigation involves intelligence or counterintelligence matters; and covered offense as (1) any offense against the United States arising from an investigation targeting or involving the President, a relative, former President, certain presidential political appointees, presidential campaign committee employees, or acts motivated by their direct personal or pecuniary interests; (2) contempt of Congress under 2 U.S.C. 192 (i.e., willful failure to appear or refusal to answer pertinent questions before Congress); or (3) an offense under 18 U.S.C. §§ 1001 (false statements), 1505 (obstruction of congressional inquiries), 1512 (witness tampering), or 1621 (perjury) committed in relation to a congressional proceeding or investigation.

This section amends the federal bribery statute by (1) explicitly including the President and Vice President in the definition of public official; (2) expanding the definition of person who has been selected to be a public official to include any apparent successful candidate for President or Vice President, as determined under section 3(c) of the Presidential Transition Act of 1963, who has not yet assumed office; and (3) specifying that, for purposes of the prohibition on corruptly giving, offering, or promising anything of value to influence a witness, such value includes any pardon, commutation, reprieve, or offer thereof.

This section prohibits a President from granting a self-pardon, declaring any such pardon void and without legal effect, preserving court jurisdiction over related matters, and denying the President any immunity from investigation or prosecution.

This section requires covered individuals—those granted a pardon (including commutation) by the President on or after enactment—to submit financial disclosure reports to the Director of the Office of Government Ethics regarding gifts (as defined in 5 C.F.R. § 2635.203, including indirect gifts) given to the pardoning President, as follows: (1) an initial report, within 30 days of the pardon via an online portal (or as otherwise directed beforehand), for each gift given during the 365-day period preceding the pardon; and (2) annual reports, due by May 15 for each of the five years following the pardon via the portal, for each gift given during the preceding 365-day period. Each report must include the date, description, and value of each gift. The Director must establish the online portal on the Office of Government Ethics website within 180 days of enactment and publish all reports in a searchable format on the agency's public website within 15 days of submission.

This section amends the general five-year statute of limitations for non-capital federal offenses (18 U.S.C. 3282) by adding a new subsection (c) that tolls any applicable limitations period during an individual's tenure as President or Vice President for any federal criminal offense committed by that person, including offenses committed before such tenure. The amendment applies to offenses committed before the date of enactment if the applicable limitations period had not expired as of that date. The section includes a rule of construction clarifying that it does not preclude the indictment or prosecution of a sitting President or Vice President for violations of federal criminal laws.

This section expands the prohibition in 18 U.S.C. 431 against Members of Congress, Delegates, or Resident Commissioners entering into, executing, holding, or enjoying contracts or agreements made on behalf of the United States or its agencies—subject to fines, contract voiding, and repayment requirements—to also cover the President, Vice President, and individuals at level I of the Executive Schedule (i.e., Cabinet secretaries). (Previously, the prohibition applied only to congressional officers.) It also revises the section heading and table of sections accordingly.

This section amends the Former Presidents Act of 1958 by (1) conditioning the monetary allowance under subsection (a) on new subsection (h); (2) revising subsection (f)(2) to specify ineligibility for former Presidents impeached by the House of Representatives and convicted by the Senate; and (3) adding subsection (h) to terminate such monetary allowance, limit subsection (g) expenditures to Secret Service-determined security needs, and require repayment of allowance amounts received from initial conviction to final conviction for any former President finally convicted of a felony committed entirely during or after their presidency (or convicted of such a felony while in office). (Thus, upon final conviction, the former President loses pension and most other benefits under the act—originally enacted to provide retirement income, office space, staff, and support—but retains essential protection.) "Finally convicted" means a conviction that is no longer appealable or whose appeals are completed.

This section defines the following terms for purposes of this title: (1) “emolument” as any profit, gain, or advantage, including any payment arising from a commercial transaction at fair market value, received directly or indirectly from any government of a foreign country, the federal government, or any state or local government, or from any instrumentality thereof; (2) “government of a foreign country” as having the meaning given that term in section 1(e) of the Foreign Agents Registration Act of 1938 (22 U.S.C. 611(e)); (3) “person holding any office of profit or trust under the United States” as including the President and Vice President; and (4) “State” as each of the several States, the District of Columbia, or any territory or possession of the United States.

This section prohibits persons holding any office of profit or trust under the United States from accepting any present, emolument, office, or title from a foreign government without congressional consent, except as provided in section 7342 of title 5, United States Code (i.e., the Foreign Gifts and Decorations Act, which permits federal employees, uniformed service members, and certain family members to retain gifts and decorations from foreign governments valued at minimal value—$100 or less as of enactment, subject to inflation adjustments every three years—or with agency approval). (Thus, the prohibition applies regardless of whether provided directly or indirectly and to the recipient or their private business interests.) Separately, this section prohibits the President from accepting any emolument from the United States or a state other than compensation fixed by federal law for presidential services. (Thus, this prohibition likewise applies regardless of whether provided directly or indirectly and to the President or any private business interest.)

This section authorizes the Senate or the House of Representatives to bring a civil action in the U.S. District Court for the District of Columbia against any person violating section 1303(a). Such actions must be heard by a three-judge district court convened pursuant to 28 U.S.C. §2284, with duties on the district court and Supreme Court to advance the action on the docket and expedite its disposition to the greatest extent feasible; review is available only by direct appeal to the Supreme Court, with a notice of appeal due within 10 days and jurisdictional statement within 30 days of the final decision. If a violation is found, the court must enjoin the violating conduct and may order (1) disgorgement of the value of any present or emolument (payable without use of government funds); (2) surrender of the item to the Department of State for disposal and deposit of proceeds into the Treasury, if practicable; (3) renunciation of any office or title; (4) prohibition on using or holding such office or title; or (5) other appropriate relief.

This section amends annual financial disclosure requirements under the Ethics in Government Act (5 U.S.C. §13104) to require the President to report (1) any present, emolument, office, or title received from a foreign government (as defined in 22 U.S.C. §611(e)) during the preceding calendar year, including source, date, type, and amount or value; (2) each business interest reasonably expected to receive such an item from a foreign government during the current calendar year; and (3) any emolument received from the United States or a state (other than presidential compensation) during the preceding calendar year, including source, date, type, and amount or value, plus each business interest reasonably expected to receive such an item. It further requires the President's spouse and dependent children to report comparable information on foreign emoluments and business interests, and on U.S. or state emoluments (excluding those related to presidential compensation). A rule of construction clarifies that these amendments do not affect the prohibition on accepting presents and emoluments under 5 U.S.C. §1303.

This section expands the general enforcement authority of the Director of the Office of Government Ethics (OGE) by requiring overall direction of executive branch compliance with the Foreign and Domestic Emoluments Enforcement Act and its amendments, and by authorizing the Director to issue administrative fines, order corrective actions (i.e., disgorgement, divestiture, recusal), and bring civil actions to enforce such measures. It also adds to the Director's specific authorities the power to promulgate compliance rules, including requirements for reporting and disclosure, a schedule of administrative fines, and a process for referring matters to the Office of Special Counsel.

This section expands the investigative jurisdiction of the Office of Special Counsel (OSC)—which enforces the Hatch Act (i.e., restrictions on political activity by federal employees), investigates certain Freedom of Information Act (FOIA) violations, civil service law breaches, and employment discrimination—by requiring OSC to investigate allegations of violations of section 1303 of the Foreign and Domestic Emoluments Enforcement Act or amendments made by section 1305 of that Act. The section further directs OSC to complete any such investigation within 120 days of a referral from the Director of the Office of Government Ethics under section 13122 or receipt of a credible complaint and to report results to that Director and Congress within 7 days thereafter.

This section directs the Director of the Office of Government Ethics to finalize, not later than one year after enactment, a rule establishing ethics requirements for legal expense funds benefiting the President, Vice President, or political appointees (as defined in 5 U.S.C. 1216(f)(6)). The rule prohibits such funds from accepting contributions or payments from registered lobbyists under the Lobbying Disclosure Act of 1995 or agents of a foreign principal (as defined in 22 U.S.C. 611); requires appropriate remedial action for prohibited contributions; and authorizes the Director to assess fines against violators.

This section amends the Federal Election Campaign Act of 1971 (FECA) by adding a new section 325 to (1) prohibit inaugural committees (i.e., committees appointed by the president-elect to organize the presidential inaugural ceremony and related activities, per 36 U.S.C. 501) from soliciting, accepting, or receiving donations from non-individuals or foreign nationals; (2) limit aggregate donations by any individual to $50,000 (indexed for inflation beginning in 2028 per FECA's consumer price index mechanism); (3) require inaugural committees to disclose to the Federal Election Commission (FEC) any individual donation of $1,000 or more within 24 hours and, within 90 days after the inaugural ceremony, a final report detailing all donations of $200 or more, total disbursements by category (e.g., operating expenses, loan repayments), and recipients of disbursements over $200; and (4) define key terms including "donation" (i.e., gifts, loans, or in-kind services excluding uncompensated volunteer services). It also prohibits conversion of donations to personal use (e.g., preexisting personal obligations or benefiting the president-elect, vice president-elect, inaugural committee, or their immediate family members) and straw donor schemes; permits disbursements of unused funds to 501(c)(3) organizations; makes conforming amendments to FECA reporting provisions (52 U.S.C. 30104, 30109, 30113); and includes a conforming amendment to 36 U.S.C. 510 related to inaugural committee status. (Thus, inaugural committees that previously accepted unlimited corporate and foreign donations without required disclosures must now adhere to these individual-only limits and FEC reporting.)

This section establishes procedures for judicial review of government motions to dismiss criminal prosecutions against the President or President-elect. It (1) requires the Attorney General to submit a sworn statement attesting whether the dismissal was ordered by the President or President-elect or anyone acting at their direction; (2) directs courts to grant dismissal only if appropriate and in the interest of justice, considering case circumstances, the sworn statement, evidence of bad faith or pretext (e.g., presidential encouragement of dismissal or Attorney General appointment for willingness to dismiss), and other factors, with proceedings before a three-judge court; (3) authorizes sanctions for motions without good cause; (4) requires the Department of Justice Inspector General to report to Congress any good-faith basis to believe a dismissal motion was directed by the President or President-elect; and (5) mandates the Attorney General to preserve prosecution materials until the limitations period expires and submit them to the Inspector General and Congress if dismissal is granted.

This section establishes a civil cause of action for the Senate, House of Representatives, or a congressional committee or subcommittee to enforce compliance with a subpoena issued by such committee or subcommittee in a United States district court of competent jurisdiction. The section specifies special procedural rules for such actions, including (1) a duty for courts to expedite disposition and appeals to the greatest extent possible; (2) an option, if requested by the plaintiff, for a three-judge court under 28 U.S.C. §2284 with direct appeal to the Supreme Court within 10 days of judgment and jurisdictional statement within 30 days; and (3) a requirement for certification of good-faith efforts to secure voluntary compliance. For penalties, the section directs courts to (1) impose monetary penalties on heads of government agencies (as defined to include executive departments, independent establishments, and other federal entities) who knowingly fail to comply, unless the President instructed noncompliance and provides written confirmation (with no appropriated or other government funds permitted for payment); and (2) require non-government defendants (or government officers/employees using salary funds) who willfully fail to comply to pay the plaintiff's legal fees and costs. The section deems any ground for noncompliance waived if not timely asserted under existing law (Rev. Stat. §105(b)); directs the Supreme Court and Judicial Conference to prescribe expedited procedural rules (including for privilege assertions), to be transmitted to Congress within six months of enactment and periodically thereafter; and makes a conforming amendment to the table of sections for 28 U.S.C. chapter 85.

This section establishes requirements for responding to congressional subpoenas by adding new section 105 to chapter 7 of title II of the Revised Statutes (2 U.S.C. 191 et seq.). It requires any subpoena recipient to appear, testify, produce, or disclose information consistent with the subpoena, limiting grounds for withholding solely to constitutional or federal statutory mandates (i.e., no other privileges or protections apply). If information is withheld, the recipient must promptly provide a log identifying (A) the asserted ground and description, (B) type of information, (C) general subject matter, (D) date, author, and addressee, (E) relationship between author and addressee, (F) custodian, and (G) other descriptive details to assess the withholding. The section also makes a clerical amendment to the chapter's table of contents.

This section provides a rule of construction clarifying that nothing in this title limits Congress’s inherent authority to enforce compliance with congressional subpoenas, forecloses other means of enforcement, or establishes any ground for noncompliance.

This section establishes enforcement mechanisms under 28 U.S.C. 1365a and 2 U.S.C. 194—providing for district court orders and contempt certification, respectively—for executive agency failures to comply with information requests from the House Committee on Government Operations (or any seven members thereof) or the Senate Committee on Governmental Affairs (or any five members thereof) relating to matters within the committees' jurisdiction. (Thus, such requests are treated as subpoenas for enforcement purposes.)

This section establishes definitions for terms used in this title, including "(1) communications log," as the log required under section 2303(a); "(2) covered communication," generally as any communication relating to a contemplated or ongoing Department of Justice (DOJ) investigation or litigation (civil or criminal), subject to exceptions for certain high-level White House-DOJ contacts (unless involving the President, Vice President, their immediate family, certain senior Executive Office of the President staff, or specified presidential campaign officials), designated subordinate communications, national security matters, pardon matters, and communications solely on policy, appointments, legislation, or similar non-investigatory topics; "(3) immediate family of the President or Vice President"; "(4) President-elect"; and "(5) Vice President-elect."

This section requires the Attorney General to maintain a log of covered communications involving Department of Justice or Executive Office of the President personnel, including for each such communication (1) the name and title of each participant, (2) the topic, and (3) a statement of its purpose and necessity. It further directs the Attorney General to submit the log quarterly to the Department of Justice Office of the Inspector General (OIG)—not later than January 30, April 30, July 30, and October 30 for the preceding three-month period—which must review the logs and notify the Senate and House Judiciary Committees of any communication deemed inappropriate from a law enforcement perspective or raising concerns of improper political interference. The section states that it does not limit the President's assertion of presidential communications privilege for materials submitted under the section.

This section amends the Federal Vacancies Reform Act of 1998 (FVRA), which governs temporary performance of functions by acting officers for presidentially appointed, Senate-confirmed (PAS) positions in executive agencies, as follows: (1) Revises eligibility for first assistants under 5 U.S.C. §3345(a)(1) to require at least 30 days of service in that position during the 365-day period preceding the vacancy (new, with exceptions) and defines first assistant positions under new subsection (d) as those designated by law, rule, or regulation at least 30 days before the vacancy (applicable 180 days after enactment); extends the service requirement for non-PAS agency officers or employees under §3345(a)(3)(A) to at least 1 year preceding the vacancy (from not less than 90 days during the prior 365-day period). (2) Exempts Senate-confirmed first assistants and those starting service within 180 days of a transitional inauguration day from the new 30-day requirement under new §3345(e). (3) Requires acting officers designated under §3345(a)(2) or (f) to possess any qualifications established by law, rule, or regulation for the office under new §3345(b)(3). (4) Applies FVRA vacancy rules to removals (voluntarily or involuntarily) from office under §3345(c)(2). (5) Requires acting officers (or those exceeding time limits) to testify before relevant congressional committees at least once every 60 days under new §3345(f) (waivable by chairs and ranking minority members). (6) Shortens maximum acting service for heads of OMB-designated reform agencies under 31 U.S.C. §901(b) or other executive departments to 120 days (from 210 days) under new §3346(d). (7) Makes non-discretionary statutory designations for acting officials the exclusive means of temporary authorization under new §3347(b). (8) Strengthens vacancy reporting under §3349 to require notifications not later than 7 days after (from immediately upon) vacancies, acting service ends, or new acting service begins; not later than 14 days after certain determinations; updates committee names; and addresses inaugural transition vacancies under §3349a(b).

This section requires a covered candidate—defined as a major party nominee in a general election for President or Vice President—to submit to the Federal Election Commission (FEC) copies of the individual's income tax returns for the 10 most recent taxable years for which a return has been filed, no later than 15 days after becoming a covered candidate. It further requires the sitting President or Vice President to submit annually copies of the individual's income tax returns for the taxable year and the 9 preceding taxable years no later than the due date for the return; requires a sitting President or Vice President as of enactment to submit 10 years' returns within 30 days of enactment; directs the FEC chairman, if a required return is not submitted, to request it from the Treasury Secretary (who must provide it within 15 days); and requires the FEC chairman to make all such returns publicly available after redaction of identity theft-risk information (e.g., Social Security numbers). This section amends FECA §304(a)(11) (52 U.S.C. 30104(a)(11)) to treat such returns as electronically filed FECA reports (allowing up to 30 days for redaction, rather than 48 hours); adds IRC §6103(l)(23) to authorize the disclosures and public release; and makes conforming amendments to IRC §6103(p)(4). The IRC amendments apply to disclosures after enactment.

This section amends the Inspector General Act of 1978 (5 U.S.C. § 401) to include the Executive Office of the President (EOP) as an "establishment" and the President as its "head," thereby subjecting the EOP to Inspector General (IG) oversight. (As background, the IG Act authorizes independent IGs in specified federal establishments to conduct audits and investigations promoting economy, efficiency, and detection of waste, fraud, and abuse.) The section further (1) requires the President to appoint an EOP IG in accordance with 5 U.S.C. § 403(a) not later than 120 days after enactment; (2) inserts new 5 U.S.C. § 425, placing the EOP IG under presidential authority, direction, and control for audits, investigations, or subpoenas involving confidential sources, intelligence or counterintelligence matters, or undercover operations—and authorizing the President to prohibit such activities if needed to prevent disclosure, with written notice to the IG within 30 days and transmittal by the IG to specified congressional committees within 30 days thereafter; (3) requires EOP IG semiannual reports under 5 U.S.C. § 405(b) to include additional details on corrective actions, access to information, blocked activities, and recommendations on efficiency and fraud prevention—with submission to the President by April 30 and October 31 annually, followed by transmittal to congressional committees within 30 days; and (4) directs the Council of the Inspectors General on Integrity and Efficiency to audit the EOP IG office not later than 120 days after appointment and annually thereafter, with reports to Congress by October 31 each year. (Thus, the EOP gains dedicated IG oversight while affording the President unique controls over sensitive matters previously exempt from such review.)

This section amends section 304 of the Federal Election Campaign Act of 1971 (52 U.S.C. 30104) to establish disclosure requirements for "reportable foreign contacts" (effective for contacts on or after enactment). Specifically, it (1) requires each political committee to notify the FBI and FEC within one week of such a contact (with FBI confirming receipt within one week to the committee and congressional intelligence committees) and requires candidates, their immediate family members (i.e., parent, parent-in-law, spouse, adult child, or sibling), and committee officials, employees, or agents to notify the committee treasurer within three days; (2) defines a reportable foreign contact as any direct or indirect contact or communication between such U.S. persons and a covered foreign national (i.e., a foreign government or political party under the Foreign Agents Registration Act, 22 U.S.C. 611(b); its agents; or persons on the Office of Foreign Assets Control's specially designated nationals list) involving offers of prohibited contributions/donations/expenditures/solicitations or election-related coordination, information, services, or repeated contact (excluding official-capacity or election-observation contacts unless they involve prohibited activity); and (3) requires quarterly/annual FEC reports to include details of such contacts (e.g., date). (Thus, these requirements supplement FECA's existing campaign finance disclosures by mandating rapid notice to law enforcement of potential foreign election influence attempts.)

This section requires each political committee to establish policies that (1) mandate officials, employees, and agents to notify the treasurer or designated official of any reportable foreign contact (as defined in FECA section 304(i), i.e., contacts by foreign nationals prohibited from making election-related contributions or expenditures) within 3 days; (2) provide for retention of related records for at least 3 years; and (3) include certifications affirming compliance, a designated compliance monitor, and acknowledgment by new affiliates (within 1 week of affiliation) of the policies and FECA foreign national prohibitions (section 319). For non-authorized committees, the treasurer certifies upon filing the statement of organization and with each report under FECA section 304(a); for authorized committees, the candidate certifies. The requirements apply to committees filing a statement of organization on or after enactment, with existing committees required to certify compliance with the Federal Election Commission within 30 days of enactment.

This section establishes new criminal penalties under the Federal Election Campaign Act of 1971 (FECA) for knowing and willful violations. It provides that violators of specified FECA reporting requirements—under section 302(j) (political committee accounts), 304(b)(9), or 304(i) (reportable foreign contacts with foreign nationals)—are subject to a fine of up to $500,000, imprisonment for up to 5 years, or both; and that any person who conceals or destroys materials relating to a reportable foreign contact is subject to a fine of up to $1,000,000, imprisonment for up to 5 years, or both.

This section requires the Director of the Federal Bureau of Investigation to submit to the congressional intelligence committees, not later than one year after enactment and annually thereafter, a report on notifications received by the bureau under section 304(i)(1) of the Federal Election Campaign Act of 1971 (as added by section 3101(a)). The report must include, at a minimum, (1) the number of such notifications received from political committees during the covered year, (2) a description of bureau protocols and procedures for receipt and maintenance of records relating to such notifications, and (3) a description of any subsequent actions taken by the Director resulting from such notifications. This section defines congressional intelligence committees as provided in 50 U.S.C. 3003.

This section provides a rule of construction clarifying that nothing in this title or its amendments impedes legitimate journalistic activities or imposes additional limits on the right of certain non-citizens residing in the United States to express political views or participate in public discourse. The protected individuals are those who are not U.S. citizens or nationals (as defined in INA §101(a)(22)) and not lawful permanent residents (as defined in INA §101(a)(20)).

This section amends the Federal Election Campaign Act of 1971 to clarify and expand prohibitions on foreign nationals making contributions or donations of money or other things of value in connection with federal, state, or local elections. Specifically, it (1) specifies that such contributions or donations include the provision of opposition research, polling, or other non-public information relating to a candidate for the purpose of influencing an election (regardless of monetary value), excluding mere opinions; (2) revises the ban in FECA §319(a) to explicitly cover all such contributions, donations, and express or implied promises thereof, while prohibiting any person from soliciting, accepting, or receiving them (directly or indirectly) from a foreign national; and (3) establishes an enhanced criminal penalty of up to five years imprisonment (or fines under 18 U.S.C., or both) for knowing and willful violations involving a foreign government or political party (as defined in 22 U.S.C. §611) or the specified non-public information, applicable to violations committed after enactment.

This section requires the Federal Election Commission (FEC), not later than 30 days after a political committee files its statement of organization and biennially thereafter until termination, to provide the committee with a written explanation of the ban on foreign national contributions and expenditures (FECA §319). Political committees must transmit to the FEC, not later than 30 days after receipt, a signed certification—by the candidate (for authorized committees) or treasurer (for others)—acknowledging receipt and confirming provision of a copy to all members, employees, contractors, and volunteers. The requirement applies to committees filing statements of organization on or after enactment; for existing committees, the FEC must notify within 90 days of enactment, with acknowledgments due within 30 days after receipt.

This section expands the prohibition on foreign national contributions, donations, or promises thereof in connection with a Federal, State, or local election to explicitly include a State or local ballot initiative or referendum (previously, Federal, State, or local election). The amendment applies to elections held in 2026 or any succeeding year.

This section expands the definition of public communication under the Federal Election Campaign Act of 1971 (FECA) to include paid internet or paid digital communication (previously, radio, television, cable, or satellite communication), with conforming changes to exclusions from the definitions of contribution and expenditure. Specifically, it (1) replaces references to advertising on broadcasting stations or in newspapers, magazines, or similar media with "in any public communication" in the exclusions for certain candidate communications (paras. (8)(B)(v) and (9)(B)(iv)); and (2) revises the exclusion for news stories, commentaries, or editorials (para. (9)(B)(i)) to cover distribution through broadcasting stations or print, online, or digital newspapers, magazines, publications, periodicals, blogs, or platforms unless owned or controlled by a political party, political committee, or candidate. The section further updates FECA disclosure and disclaimer requirements (sec. 318(a)) to apply to any public communication; takes effect upon enactment without requiring Federal Election Commission (FEC) regulations; and directs the FEC to promulgate regulations within one year defining paid internet or paid digital communication, excluding those funded solely by internal resources such as employee compensation. (Thus, paid online political ads meeting the definition will trigger FECA reporting, disclaimer, and attribution requirements previously applicable mainly to broadcast and print media.)

This section expands the definition of electioneering communication under the Federal Election Campaign Act of 1971 to include qualified internet or digital communications (i.e., any communication placed or promoted for a fee on an online platform). Specifically, it (1) adds such communications to the types of media subject to electioneering communication rules alongside broadcasts, cable, and satellite; (2) limits the "relevant electorate" test (i.e., airing in markets comprising 50% of the candidate's electorate) to broadcast, cable, or satellite communications only; and (3) broadens the news exemption to cover communications in news stories, commentary, or editorials on online or digital newspapers, magazines, publications, periodicals, blogs, or platforms (unless owned or controlled by a political party, committee, or candidate). (Thus, certain paid online political ads referring to federal candidates near elections become subject to disclosure requirements.) The amendments apply to communications made on or after enactment without requiring Federal Election Commission regulations.

This section revises political communication disclaimer requirements under FECA section 318 (52 U.S.C. 30120). Specifically, it (1) replaces "shall clearly state" with "shall state in a clear and conspicuous manner" throughout subsection (a)—defining the latter to exclude statements that are difficult to read or hear or easily overlooked; (2) adds subsection (e) establishing special rules and safe harbors for "qualified internet or digital communications" (as defined in FECA section 304(f)(3)(D)), including requirements to name the payer and provide access to full information, specific standards for text/graphic (letters at least as large as majority text), audio (at least 3 seconds), video (at least 4 seconds written plus audio), and other formats, and barring certain regulatory exceptions; and (3) updates subsection (d) to replace broadcast-specific terms ("radio," "television") with format-neutral terms ("audio format," "video format"). The changes to subsection (a) take effect upon enactment without requiring FEC regulations. (As background, FECA section 318 mandates disclosures on public political ads, electioneering communications, and candidate advocacy to identify payers and authorization status.)

This section establishes disclosure requirements for online platforms (i.e., websites, web applications, or digital applications, including social networks, ad networks, or search engines, with 50,000,000 or more unique monthly U.S. visitors or users for a majority of the preceding 12 months) regarding qualified political advertisements (i.e., ads made by or on behalf of a candidate or communicating a message relating to a candidate, federal election, or national legislative issue of public importance) purchased by any person whose aggregate annual purchases on the platform exceed $500. Online platforms must maintain and make publicly available online, in machine-readable format, a record—including a digital copy of the ad, audience/impression data, display dates, total cost (rounded to the nearest $120 $100), candidate/issue details, purchaser information, and contact/leadership details—which must be retained for at least 4 years; platforms displaying third-party vendor ads must link to or note the vendor's records. The Federal Election Commission must issue implementing regulations within 120 days of enactment (including criteria for national legislative issues), and the requirements take effect upon enactment regardless of rulemaking completion. (As background, these provisions extend Federal Election Campaign Act public inspection requirements—previously applied to broadcasters, print, and political committees—to large online platforms to promote transparency in digital political advertising.)

This section requires television or radio broadcast stations, providers of cable or satellite television, and online platforms (as defined in FECA §304(j)(3)) to make reasonable efforts to ensure that communications described in FECA §318(a)—i.e., certain publicly distributed election-related advertisements—are not purchased by foreign nationals. It directs the Federal Election Commission to promulgate regulations defining such reasonable efforts not later than one year after enactment.

This section requires any online platform displaying a qualified political advertisement to show a visible notice identifying the sponsor (or, if not practical, that it is sponsored by a person other than the platform) and to ensure the notice remains displayed if the advertisement is shared on the platform. It establishes a safe harbor protecting platforms from liability for sponsor misidentification if they rely in good faith on the ad placer's designation, defines relevant terms by cross-reference to existing law, and applies to advertisements displayed 120 days after enactment without requiring Federal Election Commission regulations.

This section restricts the excepting of competitive service positions (i.e., most executive branch civil service positions filled through open competition) from the competitive service and limits transfers of positions to or within the excepted service (i.e., positions excepted from competitive requirements). Specifically, it (1) prohibits excepting competitive service positions unless they are placed in schedules A through E, as described in 5 CFR § 6.2 as of September 30, 2020, and under the terms of 5 CFR part 6 as of that date; (2) prohibits transferring excepted service positions to any schedule other than those; (3) requires Office of Personnel Management (OPM) Director consent to transfer any occupied position to schedule C (i.e., for confidential or policy-determining roles); (4) limits agency transfers from the competitive service to the excepted service, during any four-year presidential term, to no more than 1% of the agency's total employees as of the term's first day or five employees, whichever is greater; (5) requires prior written employee consent for transfers from the competitive service to the excepted service or between excepted service schedules; (6) applies these rules to Department of Veterans Affairs positions under 38 U.S.C. chapters 73 and 74 notwithstanding current VA excepting authority; and (7) directs the OPM Director to issue implementing regulations.

This section establishes a prohibition on holding a convention of a national political party to nominate a candidate for President or Vice President on or in any federal property (i.e., any building, land, or other real property owned, leased, or occupied by the U.S. government, including White House grounds and specified White House areas but excluding the second floor of the Executive Residence). It subjects any responsible candidate or authorized campaign committee to a civil penalty equal to the fair market value of the convention costs or $50,000 (whichever greater), imprisonment for not more than five years, or both. The prohibition applies to conventions occurring on or after the date of enactment and does not limit presidential or vice presidential use of government vehicles or aircraft for travel to or from such conventions.

This section requires the President to establish, not later than 90 days after enactment and update every 90 days thereafter, a publicly available website database—in an easily searchable and downloadable format—of covered records for visits to covered locations (i.e., the White House, Vice President's residence, or other locations where the President or Vice President regularly conducts official business) during the preceding 90-day period. Covered records include each visitor's name, name of each individual met, and visit purpose. The section exempts from disclosure records implicating personal privacy, law enforcement, or national security; those for purely personal guests; and sensitive personal information (e.g., social security number, birth date, home address). For particularly sensitive meetings, the database must include the number of visitors, post applicable records once no longer sensitive, and post any reasonably segregable non-excepted portions.

This section establishes ineligibility for appointment to any executive branch position for any individual finally convicted of a covered crime—defined to include specified corruption-related federal offenses (i.e., bribery under 18 U.S.C. 201 or 666; copyright infringement under 17 U.S.C. ch. 5; cybercrime under 18 U.S.C. 1030; embezzlement under 18 U.S.C. ch. 31; fraud under 18 U.S.C. ch. 63; insider trading under 15 U.S.C. 78j; wage theft under 29 U.S.C. 201 et seq.; tax evasion under 26 U.S.C. 7201) or comparable state offenses—where any portion of the conduct occurred while serving as CEO of a public or private non-Federal entity. This section further requires removal from executive branch service of any current employee ineligible for reappointment under these restrictions.

This section expands executive branch recusal requirements under criminal conflict-of-interest law (18 U.S.C. §208(a)) by prohibiting officers and employees from participating in particular matters affecting financial interests of (1) organizations for which they served, during the four-year period preceding such participation, as an officer, director, trustee, general partner, agent, attorney, consultant, contractor, employee, or direct competitor and (2) organizations (other than political organizations, as defined in 26 U.S.C. §527(e)) in which they are an active participant. (As background, current law requires recusal from matters affecting financial interests of organizations in which the individual serves as an officer, director, trustee, general partner, or employee.)

This section revises the definition of "official act" under the federal bribery statute (18 U.S.C. § 201)—which prohibits public officials from corruptly demanding, seeking, receiving, accepting, or agreeing to receive anything of value in exchange for an official act—to include (1) any act within the range of official duty; (2) any decision, recommendation, or action on a question, matter, cause, suit, proceeding, or controversy that may be pending or brought before a public official in their official capacity or place of trust or profit, including any pardon, commutation, or reprieve or offer thereof; and (3) clarifies that such an act may consist of a single act, multiple acts, or a course of conduct, regardless of whether it achieves a desired outcome.

This section establishes a severability clause providing that if any provision of the Act or its amendments, or its application to any person or circumstance, is held unconstitutional, the remainder of the Act and its applications to other persons or circumstances remain unaffected.