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H.R. 9222IntroducedHouse · nowSenatePresidentLawIn committee
Sec. 632 · H.R. 9222

Prohibition on payments to the President from individuals receiving government positions or grants of clemency from the President

Title VI — Preventing Abuses of Presidential Power › Subtitle C — Enforcement of the Emoluments Clauses of the Constitution

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(a) Prohibition on payments (1) Payments made (A) Covered officials A covered official may not knowingly make or cause to be made a payment to the President, including any payment to a Presidentially-owned entity. (B) Individuals granted clemency An individual granted clemency (including a pardon) by the President may not knowingly make or cause to be made a payment to the President, including any payment to a Presidentially-owned entity, during any period that the President that granted such clemency to such individual is the President. (2) Payments received The President may not accept any payment that is unlawful to make or cause to be made under paragraph (1). (3) De minimis payments Paragraphs (1) and (2) shall not apply with respect to a payment that is less than or equal to $50. (4) Unofficial act The acceptance by the President of a payment prohibited by this section is not an official act. (b) Required disclosures to Congress (1) Advice and consent positions On the date that the President transmits to the Senate the nomination of an individual to a position the appointment to which requires the advice and consent of the Senate, the President shall submit with such transmittal a report, to the applicable committee of the Senate that will consider the nomination, listing any payment made by such individual to the President, including any payment to a Presidentially-owned entity, during the period beginning on the date on which the President became a candidate (as such term is defined in section 301 of the Federal Election Campaign Act of 1971 (52 U.S.C. 30101)) for the office of the President and ending on the date of such transmittal. (2) Other positions On the date any individual is appointed to a position described in section 1302(7)(B), the President shall 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 report listing any payment made by such individual to the President, including any payment to a Presidentially-owned entity, during the period beginning on the date on which the President became a candidate (as such term is defined in section 301 of the Federal Election Campaign Act of 1971 (52 U.S.C. 30101)) for the office of the President and ending on the date of the submission of such report. (3) Clemency On the date the President issues clemency, including a pardon, to any individual, the President shall submit, to the Committee on the Judiciary of the House of Representatives, the Committee on Oversight and Government Reform of the House of Representatives, the Committee on the Judiciary of the Senate, and(1) the Committee on Homeland Security and Governmental Affairs of the Senate, a report listing any payment made by such individual to the President, including any payment to a Presidentially-owned entity, during the period beginning on the date on which the President became a candidate (as such term is defined in section 301 of the Federal Election Campaign Act of 1971 (52 U.S.C. 30101)) for the office of the President and ending on the date of the submission of such report. (c) Return of funds (1) In general Not later than 60 days after the date of the transmittal of a report under paragraph (1), (2), or (3) of subsection (b), any payment listed in any such report shall be transferred or returned to the general fund of the Treasury. (2) Report Not later than 30 days after the date any payment has been deposited in the general fund of the Treasury pursuant to paragraph (1), the President shall submit a report, 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, listing the name of the individual who made such payment or caused such payment to be made. (d) Financial disclosures Section 13104 of title 5, United States Code, is amended— (1) in subsection (a), by adding at the end the following new paragraph: (15) Payments to President (A) In general Any payment, including any payments to a Presidentially-owned entity, received by the President during a calendar year from any covered official, or from any individual granted clemency (including a pardon) by the President, including the source, date, type, amount or value of the payment, and, if accepted through a Presidentially-owned entity, the name of the business through which it was accepted. (B) Application The disclosure required under this paragraph shall only apply to reports filed pursuant to section 13103(d) and (e) by the President. (C) Definitions In this paragraph, terms Presidentially-owned entity, covered official, and payment have the meaning given those terms in section 1302 of the Foreign and Domestic Emoluments Enforcement Act.; and (2) in subsection (b)— (A) by redesignating paragraph (2) as paragraph (3); and (B) by inserting after paragraph (1) the following: (2) New appointee payments to the President (A) New appointees With respect to any report filed under paragraph (1) pursuant to subsections (a) or (b) of section 13103 by an individual nominated or appointed (as the case may be) by the President to be a covered official, such report shall include— (i) any payment made by the individual to the President, including a payment to a Presidentially-owned entity, during the period beginning on the date on which the President became a candidate (as such term is defined in section 301 of the Federal Election Campaign Act of 1971 (52 U.S.C. 30101)) for the office of the President before being elected as President and ending on the date on which such individual files such report; (ii) the date of nomination or appointment; (iii) the date, type, and amount or value of the payment; and (iv) for any payment made to a Presidentially-owned entity, the name of the entity to which the payment was made. (B) Definitions In this paragraph, terms covered official, Presidentially-owned entity, and payment have the meaning given those terms in section 1302 of the Foreign and Domestic Emoluments Enforcement Act..

Sec. 632: Prohibition on payments to the President from individuals receiving government positions or grants of clemency from the President · Public Law Tracker