Anti-Corruption Bureau Creation Act

This provision makes it unlawful for certain government officials, defined as 'covered persons,' to corruptly use their office or position for personal financial gain exceeding $50,000. Violators face significant civil penalties, disgorgement of any ill-gotten gains, and treble damages to the U.S. Government for each violation. Each transaction or course of conduct resulting in personal enrichment constitutes a separate violation.

This section authorizes private individuals and state attorneys general to bring civil actions on behalf of the U.S. Government for covered corruption violations. Complaints are filed under seal, allowing the newly established Anti-Corruption Bureau to investigate and potentially intervene. If the Bureau declines to take over the action, the private party can proceed. Courts are empowered to impose constructive trusts, rescind contracts, and order other equitable relief to prevent the retention of benefits from corruption.

This provision establishes financial incentives for private plaintiffs who successfully bring actions under the private right of action. If the government intervenes, the plaintiff receives 15-25% of the proceeds; if the government does not intervene, the plaintiff receives 25-30%. Additionally, the court must award reasonable attorneys' fees, expenses, and costs to the prevailing plaintiff, paid from the proceeds before any distribution to the U.S. Government.

This section formally establishes the Anti-Corruption Bureau as an independent establishment within the executive branch. This means the Bureau is designed to operate with a degree of autonomy from direct presidential or departmental control, aiming to insulate its anti-corruption enforcement functions from political interference.

The Bureau will consist of 7 members appointed by the President with Senate advice and consent. To ensure impartiality, no more than 3 members can be affiliated with the same political party, and at least 1 member must be unaffiliated. A novel mechanism dictates that if the President fails to nominate an initial member within 180 days, a specially designated division of the D.C. Circuit Court of Appeals will appoint an appropriate individual to fill that vacancy.

This provision grants the Anti-Corruption Bureau comprehensive powers to administer, enforce, and formulate policy for federal laws related to campaign finance, government ethics, conflicts of interest, financial disclosure, and whistleblower protection. It gives the Bureau exclusive civil enforcement jurisdiction over several key statutes, including the Federal Election Campaign Act and relevant chapters of Title 5. The Bureau can initiate civil actions, render advisory opinions, promulgate rules, conduct investigations, impose civil penalties, and report criminal violations.

This provision makes it unlawful for the President, Vice President, or any senior executive branch employee to exercise Bureau powers or request Bureau members/employees to act based on political or partisan animus. Bureau members who receive such prohibited requests are required to report them to the Chair. Violations of this prohibition carry severe penalties, including fines up to $50,000, imprisonment of up to 5 years, or both.

This provision significantly amends the Federal Election Campaign Act of 1971. It transfers the initial determination of 'reason to believe' a violation occurred from the FEC to the Bureau's general counsel, whose determination takes effect unless a majority of the Bureau overrules it within 30 days. Similar procedures apply to subpoenas and probable cause findings. Crucially, it revises judicial review of Bureau dismissals to a de novo standard, explicitly directing courts to disregard claims of prosecutorial discretion for alleged violations exceeding $50,000.

This provision extensively amends Chapter 131 of Title 5 (Government Ethics), transferring enforcement authority from the Attorney General and the Office of Government Ethics (OGE) Director to the new Anti-Corruption Bureau. It expands definitions to explicitly include the Executive Office of the President and White House staff under ethics rules. The Bureau gains authority to conduct investigations, issue administrative fines, order corrective actions (like disgorgement, divestiture, recusal), and bring civil actions to enforce these. It also streamlines ethics rule promulgation and mandates ethics education for agency ethics officials.

This section establishes a dedicated 'Freedom From Influence Fund' in the U.S. Treasury. The sense of the Senate is that this fund should be capitalized by assessments against fines, penalties, and settlements resulting from corporate malfeasance and violations of laws enforced by the Bureau. The Chair of the Bureau is authorized to invest portions of the fund not immediately needed in interest-bearing U.S. obligations, with proceeds also contributing to the fund.