Sec. 304. Civil actions by Congress concerning foreign emoluments

340 words·~2 min read·/bill/117/s/2921/is/section-304

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

The Senate or the House of Representatives may bring a civil action against any person for a violation of subsection

(a)of section 303. In any civil action described in subsection (a), the following rules shall apply: The action shall be filed before the United States District Court for the District of Columbia. The action shall be heard by a three-judge court convened pursuant to section 2284 of title 28, United States Code. It shall be the duty of such court to advance on the docket and to expedite to the greatest possible extent the disposition of any such action. Such action shall be reviewable only by appeal directly to the Supreme Court of the United States. Such appeal shall be taken by the filing of a notice of appeal within 10 days, and the filing of a jurisdictional statement within 30 days, of the entry of the final decision. It shall be the duty of the Supreme Court of the United States to advance on the docket and to expedite to the greatest possible extent the disposition of any such action and appeal. If the court determines that a violation of subsection

(a)of section 303 has occurred, the court shall issue an order enjoining the course of conduct found to constitute the violation, and such of the following as are appropriate: The disgorgement of the value of any foreign present or emolument. The surrender of the physical present or emolument to the Department of State, which shall, if practicable, dispose of the present or emolument and deposit the proceeds into the United States Treasury. The renunciation of any office or title accepted in violation of such subsection. A prohibition on the use or holding of such an office or title. Such other relief as the court determines appropriate. No appropriated funds, funds provided from any accounts in the United States Treasury, funds derived from the collection of fees, or any other Government funds shall be used to pay any disgorgement imposed by the court pursuant to this section.