Prohibition on payments to the President of Federal or State government funds

Section 102 of title 3, United States Code, is amended— (1) by striking The President and inserting (a) In general.—The President; and (2) by adding at the end the following: (b) Limitations (1) In general Except for the amounts provided by subsection (a), and except as provided in paragraph (2) of this subsection and section 1314 of the Foreign and Domestic Emoluments Enforcement Act— (A) the President may not accept any payment, including any payment to any Presidentially-owned entity, from any Federal or State funds; and (B) no individual may cause an agency, department, or other instrumentality of the Federal Government to make such a payment. (2) Application Except for payments made to the President or a Presidentially-owned entity, nothing in this subsection shall be construed to limit the total amount of funds a Government entity may obligate or expend to assist in defraying expenses relating to or resulting from the discharge of the President’s official duties, including expenses for the security necessary for the President to discharge such duties, consistent with applicable levels of appropriations made available for such expenses and the requirements of the Foreign and Domestic Emoluments Enforcement Act. (3) Unofficial act The acceptance by the President of a payment prohibited by this subsection is not an official act. (4) Disgorgement (A) Notice (i) Federal agencies Not later than 30 days after the date on which a Federal agency, department, or other instrumentality of the Government makes a payment that is prohibited under paragraph (1), the head of such Federal agency, department, or other instrumentality shall submit a notice of such payment to the President, the Committee on Oversight and Government Reform of the House of Representatives, and the Committee on Homeland Security and Governmental Affairs of the Senate. (ii) The President (I) In general Not later than the earlier of 30 days after the date on which the President learns of the receipt of a payment prohibited under paragraph (1) or seven days after receiving notice under clause (i), the President shall submit a notice of such payment to the Committee on Oversight and Government Reform of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate. (II) Contents A notice submitted under subclause (I) with respect to a payment prohibited under paragraph (1) shall include— (aa) the date on which the President received such payment and the value of such payment; (bb) the source of such payment; and (cc) if the President received the payment through a Presidentially-owned entity, the name of each Presidentially-owned entity through which the President received such payment. (B) Return of prohibited State and Federal payments Not later than 60 days after the date on which the President learns of the receipt of a payment prohibited under paragraph (1), the President shall— (i) in the case of a payment from a State government or subdivision thereof that is prohibited under paragraph (1), return such payment to the State or subdivision; and (ii) in the case of a payment from the Federal Government that is prohibited under such paragraph, transfer or return such payment to the Treasury. (C) Certification of return (i) In general Not later than 30 days after the date on which the President makes a return payment to the Treasury under subparagraph (B), the President and the Secretary of the Treasury shall each submit to the Committee on Oversight and Government Reform of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate a sworn certification of such return payment to the Treasury. (ii) Contents A certification submitted under clause (i) for a return payment with respect to a payment prohibited under paragraph (1) shall include— (I) the date on which the President received such prohibited payment and the value of such prohibited payment; (II) the source of such prohibited payment; (III) the date on which the President made such return payment; (IV) the value of such return payment; (V) each source of such return payment; and (VI) if the President received such prohibited payment through a Presidentially-owned entity, the name of each Presidentially-owned entity through which the President received such prohibited payment. (5) Definitions In this subsection— (A) the terms Presidentially-owned entity and payment have the meaning given those terms in section 1302 of the Foreign and Domestic Emoluments Enforcement Act; and (B) the term return payment means a payment constituting the transfer or return payment prohibited under paragraph (1)..