[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5048 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 5048
To protect our democracy by preventing abuses of Presidential power,
restoring checks and balances and accountability and transparency in
government, and defending elections against foreign interference, and
for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
July 27, 2023
Mr. Schiff (for himself, Mr. Nadler, Mr. Larsen of Washington, Mr.
Evans, Ms. DeLauro, Mr. Cardenas, Mr. Raskin, Ms. Brownley, Ms.
Schakowsky, Mr. Himes, Mr. Boyle of Pennsylvania, Mr. Morelle, Mr.
Trone, Mr. Sherman, Mr. Johnson of Georgia, Mr. Takano, Ms. Norton, Ms.
Williams of Georgia, Ms. Sewell, Ms. DelBene, Ms. Barragan, Mr. Casten,
Mr. Robert Garcia of California, Mr. Phillips, Ms. Tokuda, Mr. Pocan,
Mr. DeSaulnier, Mr. Sarbanes, Mr. Mullin, Mr. Bera, Mr. Allred, Ms.
Lofgren, Mr. Kilmer, Mr. Ivey, Ms. Clarke of New York, Mr. Gomez, Mr.
Swalwell, Mr. Lieu, Mr. Goldman of New York, Ms. Wilson of Florida, Mr.
Kim of New Jersey, Mr. Gallego, Mr. Connolly, Mrs. Watson Coleman, Ms.
Dean of Pennsylvania, Mr. Bishop of Georgia, Ms. McCollum, Mr. Higgins
of New York, Ms. Jackson Lee, Ms. Jayapal, Mr. Correa, Mr. David Scott
of Georgia, Mr. Khanna, Ms. Stevens, Ms. Scanlon, Ms. Titus, Ms.
Pelosi, Mr. Cohen, Mr. Blumenauer, Ms. Meng, Mr. Quigley, Ms. Porter,
Ms. Balint, Ms. Eshoo, Mr. Huffman, Mr. Carter of Louisiana, Mr. Mfume,
Mr. Lynch, Mr. Aguilar, Mr. Carson, Mr. Crow, Mr. McGovern, Mr. Torres
of New York, Ms. Blunt Rochester, Ms. Lee of California, Mr. Deluzio,
Mr. Panetta, Ms. Pingree, Ms. Strickland, Ms. Velazquez, Mr.
Auchincloss, Mr. Pascrell, Ms. Garcia of Texas, Mr. Larson of
Connecticut, Mr. Espaillat, Mr. Pallone, Mr. Davis of Illinois, Ms.
Kelly of Illinois, Ms. Wexton, Mr. Davis of North Carolina, Ms.
Escobar, Mrs. Hayes, Mrs. Beatty, Ms. Salinas, Ms. Castor of Florida,
Mrs. Fletcher, Mr. Norcross, Mrs. Napolitano, Ms. Sanchez, Mr. Beyer,
Mr. Scott of Virginia, Ms. Brown, Mr. Neguse, Ms. Jacobs, Ms. Tlaib,
Mr. Levin, Mr. Grijalva, and Mr. Tonko) introduced the following bill;
which was referred to the Committee on Oversight and Accountability,
and in addition to the Committees on the Judiciary, House
Administration, the Budget, Transportation and Infrastructure, Rules,
Foreign Affairs, Ways and Means, and Intelligence (Permanent Select),
for a period to be subsequently determined by the Speaker, in each case
for consideration of such provisions as fall within the jurisdiction of
the committee concerned
_______________________________________________________________________
A BILL
To protect our democracy by preventing abuses of Presidential power,
restoring checks and balances and accountability and transparency in
government, and defending elections against foreign interference, and
for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Protecting Our Democracy Act''.
SEC. 2. ORGANIZATION OF ACT INTO DIVISIONS; TABLE OF CONTENTS.
(a) Divisions.--This Act is organized into divisions as follows:
(1) Division A--Preventing Abuses of Presidential Power.
(2) Division B--Restoring Checks and Balances,
Accountability, and Transparency.
(3) Division C--Miscellaneous.
(4) Division D--Severability.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title.
Sec. 2. Organization of Act into divisions; table of contents.
DIVISION A--PREVENTING ABUSES OF PRESIDENTIAL POWER
TITLE I--ABUSE OF THE PARDON POWER PREVENTION
Sec. 101. Short title.
Sec. 102. Congressional oversight relating to certain pardons.
Sec. 103. Bribery in connection with pardons and commutations.
Sec. 104. Prohibition on presidential self-pardon.
TITLE II--ENSURING NO PRESIDENT IS ABOVE THE LAW
Sec. 201. Short title.
Sec. 202. Tolling of statute of limitations.
Sec. 203. Contracts by the President, the Vice President, or a Cabinet
member.
Sec. 204. Forfeiture of benefits for former Presidents convicted of a
felony.
TITLE III--ENFORCEMENT OF THE FOREIGN AND DOMESTIC EMOLUMENTS CLAUSES
OF THE CONSTITUTION
Sec. 301. Short title.
Sec. 302. Definitions.
Sec. 303. Prohibition on acceptance of foreign and domestic emoluments.
Sec. 304. Civil actions by Congress concerning foreign emoluments.
Sec. 305. Disclosures concerning foreign and domestic emoluments.
Sec. 306. Enforcement authority of the Director of the Office of
Government Ethics.
Sec. 307. Jurisdiction of the Office of Special Counsel.
Sec. 308. Rulemaking for ethics requirements for legal expense funds.
Sec. 309. Limitations and disclosure of certain donations to, and
disbursements by, inaugural committees.
DIVISION B--RESTORING CHECKS AND BALANCES, ACCOUNTABILITY, AND
TRANSPARENCY
TITLE IV--ENFORCEMENT OF CONGRESSIONAL SUBPOENAS
Sec. 401. Short title.
Sec. 402. Findings.
Sec. 403. Enforcement of congressional subpoenas.
Sec. 404. Compliance with congressional subpoenas.
Sec. 405. Rule of construction.
Sec. 406. Enforcement of requests for information from certain
committees of Congress.
TITLE V--REASSERTING CONGRESSIONAL POWER OF THE PURSE
Sec. 500. Short title.
Subtitle A--Strengthening Congressional Control and Review To Prevent
Impoundment
Sec. 501. Strengthening congressional control.
Sec. 502. Strengthening congressional review.
Sec. 503. Updated authorities for and reporting by the Comptroller
General.
Sec. 504. Advance congressional notification and litigation.
Sec. 505. Penalties for failure to comply with the Impoundment Control
Act of 1974.
Subtitle B--Strengthening Transparency and Reporting
Part 1--Funds Management and Reporting to the Congress
Sec. 511. Expired balance reporting in the President's budget.
Sec. 512. Cancelled balance reporting in the President's budget.
Sec. 513. Lapse in appropriations--reporting in the President's budget.
Sec. 514. Transfer and other repurposing authority reporting in the
President's budget.
Sec. 515. Authorizing cancellations in indefinite accounts by
appropriation.
Part 2--Empowering Congressional Review Through Nonpartisan
Congressional Agencies and Transparency Initiatives
Sec. 521. Requirement to respond to requests for information from the
Comptroller General for budget and
appropriations law decisions.
Sec. 522. Reporting requirements for Antideficiency Act violations.
Sec. 523. Department of Justice reporting to Congress for
Antideficiency Act violations.
Sec. 524. Publication of budget or appropriations law opinions of the
Department of Justice Office of Legal
Counsel.
Sec. 525. Treatment of requests for information from Members of
Congress.
Subtitle C--Strengthening Congressional Role in and Oversight of
Emergency Declarations and Designations
Sec. 531. Improving checks and balances on the use of the National
Emergencies Act.
Sec. 532. National Emergencies Act declaration spending reporting in
the President's budget.
Sec. 533. Disclosure to Congress of presidential emergency action
documents.
Sec. 534. Congressional designations.
TITLE VI--SECURITY FROM POLITICAL INTERFERENCE IN JUSTICE
Sec. 601. Short title.
Sec. 602. Definitions.
Sec. 603. Communications logs.
Sec. 604. Rule of construction.
TITLE VII--PROTECTING WHISTLEBLOWERS
Subtitle A--Whistleblower Protection Improvement
Sec. 701. Short title.
Sec. 702. Additional whistleblower protections.
Sec. 703. Enhancement of whistleblower protections.
Sec. 704. Classifying certain furloughs as adverse personnel actions.
Sec. 705. Codification of protections for disclosures of censorship
related to research, analysis, or technical
information.
Sec. 706. Title 5 technical and conforming amendments.
Subtitle B--Whistleblowers of the Intelligence Community
Sec. 711. Limitation on sharing of intelligence community whistleblower
complaints with persons named in such
complaints.
Sec. 712. Disclosures to Congress.
Sec. 713. Prohibition against disclosure of whistleblower identity as
reprisal against whistleblower disclosure
by employees and contractors in
intelligence community.
TITLE VIII--ACCOUNTABILITY FOR ACTING OFFICIALS
Sec. 801. Short title.
Sec. 802. Clarification of Federal Vacancies Reform Act of 1998.
TITLE IX--STRENGTHENING HATCH ACT ENFORCEMENT AND PENALTIES
Subtitle A--Strengthening Hatch Act Enforcement and Penalties
Sec. 901. Short title.
Sec. 902. Strengthening Hatch Act enforcement and penalties against
political appointees.
Sec. 903. Including Executive Office of the President under limitation
on nepotism in the civil service.
Sec. 904. Disclosure of Hatch Act investigations for certain political
employees.
Sec. 905. Clarification on candidates visiting Federal property.
Sec. 906. Applying Hatch Act to President and Vice President while on
Federal property.
Sec. 907. Granting the Office of Special Counsel rulemaking authority.
Sec. 908. Greater accountability for political appointees.
Sec. 909. Investigating former political employees.
Sec. 910. GAO review of reimbursable political events.
Subtitle B--Strengthening Ethics Enforcement and Penalties for Federal
Executive Employees
Sec. 911. Definitions.
Sec. 912. Ethics pledge.
Sec. 913. Waivers.
Sec. 914. Administration.
Sec. 915. Enforcement.
Sec. 916. General provisions.
TITLE X--PRESIDENTIAL AND VICE PRESIDENTIAL TAX TRANSPARENCY
Sec. 1001. Presidential and Vice Presidential tax transparency.
DIVISION C--MISCELLANEOUS
TITLE XI--REPORTING FOREIGN INTERFERENCE IN ELECTIONS
Sec. 1101. Federal campaign reporting of foreign contacts.
Sec. 1102. Federal campaign foreign contact reporting compliance
system.
Sec. 1103. Criminal penalties.
Sec. 1104. Report to congressional intelligence committees.
Sec. 1105. Rule of construction.
TITLE XII--ELIMINATING FOREIGN INTERFERENCE IN ELECTIONS
Sec. 1201. Clarification of application of foreign money ban.
Sec. 1202. Requiring acknowledgment of foreign money ban by political
committees.
Sec. 1203. Prohibition on contributions and donations by foreign
nationals in connection with ballot
initiatives and referenda.
TITLE XIII--HONEST ADS
Sec. 1301. Short title.
Sec. 1302. Purpose.
Sec. 1303. Sense of Congress.
Sec. 1304. Expansion of definition of public communication.
Sec. 1305. Expansion of definition of electioneering communication.
Sec. 1306. Application of disclaimer statements to online
communications.
Sec. 1307. Political record requirements for online platforms.
Sec. 1308. Preventing contributions, expenditures, independent
expenditures, and disbursements for
electioneering communications by foreign
nationals in the form of online
advertising.
Sec. 1309. Requiring online platforms to display notices identifying
sponsors of political advertisements and to
ensure notices continue to be present when
advertisements are shared.
TITLE XIV--PREVENTING A PATRONAGE SYSTEM
Sec. 1401. Short title.
Sec. 1402. Limitations on excepting positions from competitive service
and transferring positions.
TITLE XV--USE OF FEDERAL PROPERTY; VISITOR RECORDS
Sec. 1501. Prohibition on use of Federal property for political
conventions.
Sec. 1502. Improving access to influential visitor access records.
DIVISION D--SEVERABILITY
TITLE XVI--SEVERABILITY
Sec. 1601. Severability.
DIVISION A--PREVENTING ABUSES OF PRESIDENTIAL POWER
TITLE I--ABUSE OF THE PARDON POWER PREVENTION
SEC. 101. SHORT TITLE.
This title may be cited as the ``Abuse of the Pardon Power
Prevention Act''.
SEC. 102. CONGRESSIONAL OVERSIGHT RELATING TO CERTAIN PARDONS.
(a) Submission of Information.--Not later than 30 days after the
date on which the President grants an individual a pardon for a covered
offense, the Attorney General shall submit to the chair and ranking
member of each appropriate congressional committee--
(1) all materials obtained or produced by the prosecution
team, including the Attorney General and any United States
Attorney, and all materials obtained or prepared by any
investigative agency of the Federal Government, relating to the
offense for which the individual was pardoned; and
(2) all materials obtained or produced by the Department of
Justice in relation to the pardon.
(b) Treatment of Information.--Rule 6(e) of the Federal Rules of
Criminal Procedure may not be construed to prohibit the disclosure of
information required by subsection (a) of this section.
(c) Definitions.--In this section:
(1) Appropriate congressional committee.--The term
``appropriate congressional committee'' means--
(A) the Committee on the Judiciary of the Senate
and the Committee on the Judiciary of the House of
Representatives; and
(B) if an investigation relates to intelligence or
counterintelligence matters, the Select Committee on
Intelligence of the Senate and the Permanent Select
Committee on Intelligence of the House of
Representatives.
(2) Covered offense.--The term ``covered offense'' means--
(A) an offense against the United States that
arises from an investigation in which a target or
subject is--
(i) the President;
(ii) a relative of the President;
(iii) any individual who is serving or
previously served as a political appointee (as
defined in section 1216(f)(6) of title 5,
United States Code, as added by title IX of
this Act) under the President;
(iv) any individual who was an employee of
an authorized committee (as defined in section
301(6) of the Federal Election Campaign Act of
1971 (52 U.S.C. 30101(6))) of the President for
any election to the office of President; or
(v) in the case of an offense motivated by
a direct and significant personal or pecuniary
interest of any individual described in clause
(i), (ii), (iii), or (iv), any person or
entity;
(B) an offense under section 102 of the Revised
Statutes of the United States (2 U.S.C. 192); or
(C) an offense under section 1001, 1505, 1512, or
1621 of title 18, United States Code, if the offense
occurred in relation to a congressional proceeding or
investigation.
(3) Pardon.--The term ``pardon'' includes a commutation of
sentence.
(4) Relative.--The term ``relative'', with respect to the
President, means--
(A) a family member (as defined in section
1635.3(a) of title 29, Code of Federal Regulations, or
any successor regulation) of the President who is a
first-degree relative, second-degree relative, or
third-degree relative (as those terms are defined in
such section 1635.3(a) or any successor regulation) of
the President; or
(B) a spouse of a family member described in
subparagraph (A).
SEC. 103. BRIBERY IN CONNECTION WITH PARDONS AND COMMUTATIONS.
Section 201 of title 18, United States Code, is amended--
(1) in subsection (a)--
(A) in paragraph (1), by inserting ``, including
the President and the Vice President of the United
States,'' after ``or an officer or employee or
person''; and
(B) in paragraph (3), by inserting before the
period at the end the following: ``, including any
pardon, commutation, or reprieve, or an offer of any
such pardon, commutation, or reprieve''; and
(2) in subsection (b)(3), by inserting ``(including, for
purposes of this paragraph, any pardon, commutation, or
reprieve, or an offer of any such pardon, commutation, or
reprieve)'' after ``corruptly gives, offers, or promises
anything of value''.
SEC. 104. PROHIBITION ON PRESIDENTIAL SELF-PARDON.
The President's grant of a pardon to himself or herself is void and
of no effect, and shall not deprive the courts of jurisdiction, or
operate to confer on the President any legal immunity from
investigation or prosecution.
TITLE II--ENSURING NO PRESIDENT IS ABOVE THE LAW
SEC. 201. SHORT TITLE.
This title may be cited as the ``No President Is Above the Law
Act''.
SEC. 202. TOLLING OF STATUTE OF LIMITATIONS.
(a) Offenses Committed by the President or Vice President During or
Prior to Tenure in Office.--Section 3282 of title 18, United States
Code, is amended by adding at the end the following:
``(c) Offenses Committed by the President or Vice President During
or Prior to Tenure in Office.--In the case of any person serving as
President or Vice President of the United States, the duration of that
person's tenure in office shall not be considered for purposes of any
statute of limitations applicable to any Federal criminal offense
committed by that person (including any offenses committed during any
period of time preceding such tenure in office).''.
(b) Applicability.--The amendment made by subsection (a) shall
apply to any offense committed before the date of enactment of this
section, if the statute of limitations applicable to that offense had
not run as of such date.
(c) Rule of Construction.--Nothing in this section may be construed
to preclude the indictment or prosecution of a President or Vice
President, during that President or Vice President's tenure in office,
for violations of the criminal laws of the United States.
SEC. 203. CONTRACTS BY THE PRESIDENT, THE VICE PRESIDENT, OR A CABINET
MEMBER.
(a) Amendment.--Section 431 of title 18, United States Code, is
amended--
(1) in the section heading, by inserting ``the President,
the Vice President, a Cabinet member, or a'' after ``Contracts
by''; and
(2) in the first undesignated paragraph, by inserting ``the
President, the Vice President, in a position at level I of the
Executive Schedule under section 5312 of title 5,'' after
``Whoever, being''.
(b) Table of Sections Amendment.--The table of sections for chapter
23 of title 18, United States Code, is amended by striking the item
relating to section 431 and inserting the following:
``431. Contracts by the President, the Vice President, a Cabinet
member, or a Member of Congress.''.
SEC. 204. FORFEITURE OF BENEFITS FOR FORMER PRESIDENTS CONVICTED OF A
FELONY.
The first section of the Act entitled ``An Act to provide
retirement, clerical assistants, and free mailing privileges to former
Presidents of the United States, and for other purposes'', approved
August 25, 1958 (commonly known as the ``Former Presidents Act of
1958''; 3 U.S.C. 102 note), is amended--
(1) in subsection (a), by striking ``Each former
President'' and inserting ``Subject to subsection (h), each
former President'';
(2) in subsection (f), by striking paragraph (2) and
inserting:
``(2) who has not been impeached by the House of
Representatives and convicted by the Senate pursuant to the
impeachment; and''; and
(3) by adding at the end the following new subsection:
``(h)(1) If a former President is finally convicted of a felony for
which every act or omission that is needed to satisfy the elements of
the felony is committed during or after the period such former
President holds the office of President, or was finally convicted of
such a felony while holding such office--
``(A) no monetary allowance under subsection (a) may be
provided to such former President;
``(B) no funds may be obligated or expended under
subsection (g) with respect to such former President except to
the extent necessary to maintain the security of such former
President, as determined by the Director of the Secret Service;
and
``(C) such former President shall repay any amounts
received under subsection (a) during the period beginning on
the date on which such former President is initially convicted
of the felony and ending on the date such former President is
finally convicted of the felony.
``(2) The term `finally convicted' means a conviction--
``(A) which has not been appealed and is no longer
appealable because the time for taking an appeal has expired;
or
``(B) which has been appealed and the appeals process for
which is completed.''.
TITLE III--ENFORCEMENT OF THE FOREIGN AND DOMESTIC EMOLUMENTS CLAUSES
OF THE CONSTITUTION
SEC. 301. SHORT TITLE.
This title may be cited as the ``Foreign and Domestic Emoluments
Enforcement Act''.
SEC. 302. DEFINITIONS.
In this title:
(1) The term ``emolument'' means any profit, gain, or
advantage that is 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,
including payments arising from commercial transactions at fair
market value.
(2) The term ``person holding any office of profit or trust
under the United States'' includes the President of the United
States and the Vice President of the United States.
(3) The term ``government of a foreign country'' has the
meaning given such term in section 1(e) of the Foreign Agents
Registration Act of 1938, as amended (22 U.S.C. 611(e)).
SEC. 303. PROHIBITION ON ACCEPTANCE OF FOREIGN AND DOMESTIC EMOLUMENTS.
(a) Foreign.--Except as otherwise provided in section 7342 of title
5, United States Code, it shall be unlawful for any person holding an
office of profit or trust under the United States to accept from a
government of a foreign country, without first obtaining the consent of
Congress, any present or emolument, or any office or title. The
prohibition under this subsection applies without regard to whether the
present, emolument, office, or title is--
(1) provided directly or indirectly by that government of a
foreign country; or
(2) provided to that person or to any private business
interest of that person.
(b) Domestic.--It shall be unlawful for the President to accept
from the United States, or any of them, any emolument other than the
compensation for his or her services as President provided for by
Federal law. The prohibition under this subsection applies without
regard to whether the emolument is provided directly or indirectly, and
without regard to whether the emolument is provided to the President or
to any private business interest of the President.
SEC. 304. CIVIL ACTIONS BY CONGRESS CONCERNING FOREIGN EMOLUMENTS.
(a) Cause of Action.--The House of Representatives or the Senate
may bring a civil action against any person for a violation of
subsection (a) of section 303.
(b) Special Rules.--In any civil action described in subsection
(a), the following rules shall apply:
(1) The action shall be filed before the United States
District Court for the District of Columbia.
(2) 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.
(3) 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.
(c) Remedy.--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:
(1) The disgorgement of the value of any foreign present or
emolument.
(2) 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.
(3) The renunciation of any office or title accepted in
violation of such subsection.
(4) A prohibition on the use or holding of such an office
or title.
(5) Such other relief as the court determines appropriate.
(d) Use of Government Funds Prohibited.--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.
SEC. 305. DISCLOSURES CONCERNING FOREIGN AND DOMESTIC EMOLUMENTS.
(a) Disclosures.--Section 13104(a) of title 5, United States Code,
is amended by adding at the end the following:
``(9) Foreign emoluments.--Any present, emolument, office,
or title received from a government of a foreign country,
including the source, date, type, and amount or value of each
present or emolument accepted on or before the date of filing
during the preceding calendar year.
``(10) Business interests receiving foreign emoluments.--
Each business interest that is reasonably expected to result in
the receipt of any present or emolument from a government of a
foreign country during the current calendar year.
``(11) Emoluments from united states.--In addition, the
President shall report--
``(A) any emolument received from the United
States, or any of them, other than the compensation for
his or her services as President provided for by
Federal law; and
``(B) any business interest that is reasonably
expected to result in the receipt of any emolument from
the United States, or any of them.''.
(b) Reporting Requirements Related to Spouses and Dependent
Children.--Section 13104(e)(1) of title 5, United States Code, is
amended--
(1) in the matter preceding subparagraph (A), by inserting
``and paragraphs (9) through (11)''after ``(5)''; and
(2) by inserting after subparagraph (F) the following:
``(G) Foreign emoluments.--In the case of items
described in paragraphs (9) and (10) of subsection (a),
all information required to be reported under these
paragraphs.
``(H) Emoluments from united states.--In the case
of--
``(i) items described in paragraph (11)(A)
of subsection (a), any such items received by
spouse or dependent child of the President
other than items related to the President's
services as President provided for by Federal
law; and
``(ii) in the case of items described in
paragraph (11)(B) of subsection (a), all
information required to be reported under that
paragraph.''.
(c) Rule of Construction.--Nothing in the amendments made by this
section shall be construed to affect the prohibition against the
acceptance of presents and emoluments under section 303.
SEC. 306. ENFORCEMENT AUTHORITY OF THE DIRECTOR OF THE OFFICE OF
GOVERNMENT ETHICS.
(a) General Authority.--Section 13122(a) of title 5, United States
Code, is amended--
(1) by striking ``The Director'' and inserting the
following:
``(1) In general.--The Director''; and
(2) by adding at the end the following:
``(2) Overall direction.--The Director shall--
``(A) provide overall direction of executive branch
policies related to compliance with the Foreign and
Domestic Emoluments Enforcement Act, and the amendments
made by that Act; and
``(B) shall have the authority to--
``(i) issue administrative fines to
individuals for violations;
``(ii) order individuals to take corrective
action, including disgorgement, divestiture,
and recusal, as the Director deems necessary;
and
``(iii) bring civil actions to enforce such
fines and orders.''.
(b) Specific Authorities.--Section 13122(b) of title 5, United
States Code, is amended--
(1) in paragraph (14), by striking ``and'' at the end;
(2) in paragraph (15), by striking the period at the end
and inserting ``; and''; and
(3) by adding at the end the following:
``(16) developing and promulgating rules and regulations to
ensure compliance with the Foreign and Domestic Emoluments
Enforcement Act, and the amendments made by that Act, including
establishing--
``(A) requirements for reporting and disclosure;
``(B) a schedule of administrative fines that may
be imposed by the Director for violations; and
``(C) a process for referral of matters to the
Office of Special Counsel for investigation in
compliance with section 1216(d).''.
SEC. 307. JURISDICTION OF THE OFFICE OF SPECIAL COUNSEL.
Section 1216 of title 5, United States Code, is amended--
(1) in subsection (a)--
(A) in paragraph (4), by striking ``and'' at the
end;
(B) in paragraph (5) by striking the period and
inserting ``; and''; and
(C) by adding at the end the following:
``(6) any violation of section 303 of the Foreign and
Domestic Emoluments Enforcement Act or of the amendments made
by section 305 of such Act.''; and
(2) by adding at the end the following:
``(d) If the Director of the Office of Government Ethics refers a
matter for investigation pursuant to section 13122, or if the Special
Counsel receives a credible complaint of a violation referred to in
subsection (a)(6), the Special Counsel shall complete an investigation
not later than 120 days thereafter. If the Special Counsel investigates
any violation pursuant to subsection (a)(6), the Special Counsel shall
report not later than 7 days after the completion of such investigation
to the Director of the Office of Government Ethics and to Congress on
the results of such investigation.''.
SEC. 308. RULEMAKING FOR ETHICS REQUIREMENTS FOR LEGAL EXPENSE FUNDS.
(a) In General.--Not later than 1 year after the date of enactment
of this Act, the Director of the Office of Government Ethics shall
finalize a rule establishing ethics requirements for the establishment
or operation of a legal expense fund for the benefit of the President,
the Vice President, or any political appointee, consistent with the
requirements of subsection (b).
(b) Limitations on Acceptance of Certain Payments.--
(1) In general.--A legal expense fund described in
subsection (a) may not accept any contribution or other payment
made by--
(A) an individual who is a registered lobbyist
under the Lobbying Disclosure Act of 1995 (2 U.S.C.
1601 et seq.); or
(B) an agent of a foreign principal.
(2) Appropriate remedial action.--In the case of a
contribution described in paragraph (1)--
(A) the legal expense fund shall take appropriate
remedial action; and
(B) the Director of the Office of Government Ethics
may assess a fine against the individual or agent of a
foreign principal, as defined in section 1 of the
Foreign Agents Registration Act of 1938, as amended (22
U.S.C. 611).
SEC. 309. LIMITATIONS AND DISCLOSURE OF CERTAIN DONATIONS TO, AND
DISBURSEMENTS BY, INAUGURAL COMMITTEES.
(a) Requirements for Inaugural Committees.--Title III of the
Federal Election Campaign Act of 1971 (52 U.S.C. 30101 et seq.) is
amended by adding at the end the following new section:
``SEC. 325. INAUGURAL COMMITTEES.
``(a) Prohibited Donations.--
``(1) In general.--It shall be unlawful for--
``(A) an Inaugural Committee--
``(i) to solicit, accept, or receive a
donation from a person that is not an
individual; or
``(ii) to solicit, accept, or receive a
donation from a foreign national;
``(B) a person--
``(i) to make a donation to an Inaugural
Committee in the name of another person, or to
knowingly authorize his or her name to be used
to effect such a donation;
``(ii) to knowingly accept a donation to an
Inaugural Committee made by a person in the
name of another person; or
``(iii) to convert a donation to an
Inaugural Committee to personal use as
described in paragraph (2); or
``(C) a foreign national to, directly or
indirectly, make a donation, or make an express or
implied promise to make a donation, to an Inaugural
Committee.
``(2) Conversion of donation to personal use.--For purposes
of paragraph (1)(B)(iii), a donation shall be considered to be
converted to personal use if any part of the donated amount is
used--
``(A) to fulfill a commitment, obligation, or
expense of a person that would exist irrespective of
the responsibilities of the Inaugural Committee; or
``(B) to benefit the personal business venture of
the President or Vice President of the United States,
the Inaugural Committee, or an immediate family member
of such individuals.
``(3) No effect on disbursement of unused funds to
nonprofit organizations.--Nothing in this subsection may be
construed to prohibit an Inaugural Committee from disbursing
unused funds to an organization which is described in section
501(c)(3) of the Internal Revenue Code of 1986 and is exempt
from taxation under section 501(a) of such Code.
``(b) Limitation on Donations.--
``(1) In general.--It shall be unlawful for an individual
to make donations to an Inaugural Committee which, in the
aggregate, exceed $50,000.
``(2) Indexing.--At the beginning of each Presidential
election year (beginning with 2028), the amount described in
paragraph (1) shall be increased by the cumulative percent
difference determined in section 315(c)(1)(A) since the
previous Presidential election year. If any amount after such
increase is not a multiple of $1,000, such amount shall be
rounded to the nearest multiple of $1,000.
``(c) Disclosure of Certain Donations and Disbursements.--
``(1) Donations over $1,000.--
``(A) In general.--An Inaugural Committee shall
file with the Commission a report disclosing any
donation by an individual to the committee in an amount
of $1,000 or more not later than 24 hours after the
receipt of such donation.
``(B) Contents of report.--A report filed under
subparagraph (A) shall contain--
``(i) the amount of the donation;
``(ii) the date the donation is received;
and
``(iii) the name and address of the
individual making the donation.
``(2) Final report.--Not later than the date that is 90
days after the date of the Presidential inaugural ceremony, the
Inaugural Committee shall file with the Commission a report
containing the following information:
``(A) For each donation of money or anything of
value made to the committee in an aggregate amount
equal to or greater than $200--
``(i) the amount of the donation;
``(ii) the date the donation is received;
and
``(iii) the name and address of the
individual making the donation.
``(B) The total amount of all disbursements, and
all disbursements in the following categories:
``(i) Disbursements made to meet committee
operating expenses.
``(ii) Repayment of all loans.
``(iii) Donation refunds and other offsets
to donations.
``(iv) Any other disbursements.
``(C) The name and address of each person--
``(i) to whom a disbursement in an
aggregate amount or value in excess of $200 is
made by the committee to meet a committee
operating expense, together with date, amount,
and purpose of such operating expense;
``(ii) who receives a loan repayment from
the committee, together with the date and
amount of such loan repayment;
``(iii) who receives a donation refund or
other offset to donations from the committee,
together with the date and amount of such
disbursement; and
``(iv) to whom any other disbursement in an
aggregate amount or value in excess of $200 is
made by the committee, together with the date
and amount of such disbursement.
``(d) Definitions.--For purposes of this section:
``(1) Donation.--
``(A) In general.--The term `donation' includes--
``(i) any gift, subscription, loan,
advance, or deposit of money or anything of
value made by any person to the committee; or
``(ii) the payment by any person of
compensation for the personal services of
another person which are rendered to the
committee without charge for any purpose.
``(B) Exception.--The term `donation' does not
include the value of services provided without
compensation by any individual who volunteers on behalf
of the committee.
``(2) Foreign national.--The term `foreign national' has
the meaning given that term by section 319(b).
``(3) Immediate family member.--The term `immediate family
member' means a parent, parent-in-law, spouse, adult child, or
sibling.
``(4) Inaugural committee.--The term `Inaugural Committee'
has the meaning given that term by section 501 of title 36,
United States Code.
``(e) Rule of Construction.--Nothing in this section may be
construed to limit the authority of a Federal agency to enforce a
Federal law with respect to an Inaugural Committee.''.
(b) Confirming Amendments Related to Reporting Requirements.--
(1) Section 304 of the Federal Election Campaign Act of
1971 (52 U.S.C. 30104) is amended--
(A) by striking subsection (h); and
(B) by redesignating subsection (i) as subsection
(h).
(2) Section 309(a)(4)(C)(iv)(I) is amended by striking ``or
(i)'' and inserting ``or (h)''.
(3) Section 313(c)(4) is amended by striking ``section
304(i)(8)(B)'' and inserting ``section 304(h)(8)(B)''.
(c) Conforming Amendment Related to Status of Committee.--Section
510 of title 36, United States Code, is amended to read as follows:
``Sec. 510. Disclosure of and prohibition on certain donations
``A committee shall not be considered to be the Inaugural Committee
for purposes of this chapter unless the committee agrees to, and meets,
the requirements of section 325 of the Federal Election Campaign Act of
1971.''.
(d) Effective Date.--The amendments made by this section shall
apply with respect to Inaugural Committees established under chapter 5
of title 36, United States Code, for inaugurations held in 2025 and any
succeeding year.
DIVISION B--RESTORING CHECKS AND BALANCES, ACCOUNTABILITY, AND
TRANSPARENCY
TITLE IV--ENFORCEMENT OF CONGRESSIONAL SUBPOENAS
SEC. 401. SHORT TITLE.
This title may be cited as the ``Congressional Subpoena Compliance
and Enforcement Act''.
SEC. 402. FINDINGS.
The Congress finds as follows:
(1) As the Supreme Court of the United States has
repeatedly affirmed, including in its July 9, 2020, holding in
Trump v. Mazars, Congress's ``power of inquiry--with process to
enforce it--is an essential and appropriate auxiliary to the
legislative function''. Congress's power to obtain information,
including through the issuance of subpoenas and the enforcement
of such subpoenas, is ``broad and indispensable''.
(2) Congress ``suffers a concrete and particularized injury
when denied the opportunity to obtain information necessary''
to the exercise of its constitutional functions, as the United
States Court of Appeals for the District of Columbia Circuit
correctly recognized in its August 7, 2020, en banc decision in
Committee on the Judiciary of the U.S. House of Representatives
v. McGahn.
(3) Accordingly, the Constitution secures to each House of
Congress an inherent right to enforce its subpoenas in court.
Explicit statutory authorization is not required to secure such
a right of action, and the contrary holding by a divided panel
of the United States Court of Appeals for the District of
Columbia Circuit in McGahn, entered on August 31, 2020, was in
error.
SEC. 403. ENFORCEMENT OF CONGRESSIONAL SUBPOENAS.
(a) In General.--Chapter 85 of title 28, United States Code, is
amended by inserting after section 1365 the following:
``Sec. 1365a. Congressional actions against subpoena recipients
``(a) Cause of Action.--The Senate, the House of Representatives,
or a committee or subcommittee thereof, may bring a civil action
against the recipient of a subpoena issued by a congressional committee
or subcommittee to enforce compliance with the subpoena.
``(b) Special Rules.--In any civil action described in subsection
(a), the following rules shall apply:
``(1) The action may be filed in a United States district
court of competent jurisdiction.
``(2) Notwithstanding section 1657(a), it shall be the duty
of every court of the United States to expedite to the greatest
possible extent the disposition of any such action and appeal.
Upon a showing by the plaintiff of undue delay, other
irreparable harm, or good cause, a court to which an appeal of
the action may be taken shall issue any necessary and
appropriate writs and orders to ensure compliance with this
paragraph.
``(3) If a three-judge court is expressly requested by the
plaintiff in the initial pleading, the action shall be heard by
a three-judge court convened pursuant to section 2284, and
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.
``(4) The initial pleading shall be accompanied by
certification that the party bringing the action has in good
faith conferred or attempted to confer with the recipient of
the subpoena to secure compliance with the subpoena without
court action.
``(c) Penalties.--
``(1) Cases involving government agencies.--
``(A) In general.--The court may impose monetary
penalties directly against each head of a Government
agency and the head of each component thereof held to
have knowingly failed to comply with any part of a
congressional subpoena, unless--
``(i) the President instructed the official
not to comply; and
``(ii) the President, or the head of the
agency or component thereof, submits to the
court a letter confirming such instruction and
the basis for such instruction.
``(B) Prohibition on use of government funds.--No
appropriated funds, funds provided from any accounts in
the Treasury, funds derived from the collection of
fees, or other Government funds shall be used to pay
any monetary penalty imposed by the court pursuant to
this paragraph.
``(2) Legal fees.--In addition to any other penalties or
sanctions, the court shall require that any defendant, other
than a Government agency, held to have willfully failed to
comply with any part of a congressional subpoena, pay a penalty
in an amount equal to that party's legal fees, including
attorney's fees, litigation expenses, and other costs. If such
defendant is an officer or employee of a Government agency,
such legal fees may be paid from funds appropriated to pay the
salary of the defendant.
``(d) Waiver.--Any ground for noncompliance asserted by the
recipient of a congressional subpoena shall be deemed to have been
waived as to any particular information withheld from production if the
court finds that the recipient failed in a timely manner to comply with
the applicable requirements of section 105(b) of the Revised Statutes
of the United States with respect to such information.
``(e) Rules of Procedure.--The Supreme Court of the United States
and the Judicial Conference of the United States shall prescribe rules
of procedure to ensure the expeditious treatment of actions described
in subsection (a). Such rules shall be prescribed and submitted to the
Congress pursuant to sections 2072, 2073, and 2074. This shall include
procedures for expeditiously considering any assertion of
constitutional or Federal statutory privilege made in connection with
testimony by any recipient of a subpoena from a congressional committee
or subcommittee. The Supreme Court shall transmit such rules to
Congress within 6 months after the effective date of this section and
then pursuant to section 2074 thereafter.
``(f) Definition.--For purposes of this section, the term
`Government agency' means any office or entity described in sections
105 and 106 of title 3, an executive department listed in section 101
of title 5, an independent establishment, commission, board, bureau,
division, or office in the executive branch, or any other agency or
instrumentality of the Federal Government, including wholly or partly
owned Government corporations.''.
(b) Clerical Amendment.--The table of sections for chapter 85 of
title 28, United States Code, is amended by inserting after the item
relating to section 1365 the following:
``1365a. Congressional actions against subpoena recipients.''.
SEC. 404. COMPLIANCE WITH CONGRESSIONAL SUBPOENAS.
(a) In General.--Chapter 7 of title II of the Revised Statutes of
the United States (2 U.S.C. 191 et seq.) is amended by adding at the
end the following:
``SEC. 105. RESPONSE TO CONGRESSIONAL SUBPOENAS.
``(a) Subpoena by Congressional Committee.--Any recipient of any
subpoena from a congressional committee or subcommittee shall appear
and testify, produce, or otherwise disclose information in a manner
consistent with the subpoena and this section.
``(b) Failure To Produce Information.--
``(1) Grounds for withholding information.--Unless required
by the Constitution or by Federal statute, no claim of
privilege or protection from disclosure shall be a ground for
withholding information responsive to the subpoena or required
by this section.
``(2) Identification of information withheld.--In the case
of information that is withheld, in whole or in part, by the
subpoena recipient, the subpoena recipient shall, without delay
provide a log containing the following:
``(A) An express assertion and description of the
ground asserted for withholding the information.
``(B) The type of information.
``(C) The general subject matter.
``(D) The date, author, and addressee.
``(E) The relationship of the author and addressee
to each other.
``(F) The custodian of the information.
``(G) Any other descriptive information that may be
produced or disclosed regarding the information that
will enable the congressional committee or subcommittee
issuing the subpoena to assess the ground asserted for
withholding the information.
``(c) Definition.--For purposes of this section the term
`information' includes any books, papers, documents, data, or other
objects requested in a subpoena issued by a congressional committee or
subcommittee.''.
(b) Clerical Amendment.--The table of contents for chapter 7 of
title II of the Revised Statutes of the United States is amended by
adding at the end the following:
``105. Response to congressional subpoenas.''.
SEC. 405. RULE OF CONSTRUCTION.
Nothing in this title may be interpreted to limit or constrain
Congress' inherent authority or foreclose any other means for enforcing
compliance with congressional subpoenas, nor may anything in this title
be interpreted to establish or recognize any ground for noncompliance
with a congressional subpoena.
SEC. 406. ENFORCEMENT OF REQUESTS FOR INFORMATION FROM CERTAIN
COMMITTEES OF CONGRESS.
Section 2954 of title 5, United States Code, is amended--
(1) by striking ``An Executive'' and inserting ``(a)
Submitting Information.--An Executive''; and
(2) by adding at the end the following:
``(b) Failure To Comply.--For purposes of remedying any failure to
comply with a request under subsection (a), section 1365a of title 28
and section 105 of the Revised Statutes of the United States shall
apply to such a request in the same manner as such sections 1365a and
105 apply to a subpoena.''.
TITLE V--REASSERTING CONGRESSIONAL POWER OF THE PURSE
SEC. 500. SHORT TITLE.
This title may be cited as the ``Congressional Power of the Purse
Act''.
Subtitle A--Strengthening Congressional Control and Review To Prevent
Impoundment
SEC. 501. STRENGTHENING CONGRESSIONAL CONTROL.
(a) In General.--Part B of the Impoundment Control Act of 1974 (2
U.S.C. 682 et seq.) is amended by adding at the end the following:
``prudent obligation of budget authority and specific requirements for
expiring budget authority
``Sec. 1018. (a) Special Message Requirement.--With respect to
budget authority proposed to be rescinded or that is set to be reserved
or proposed to be deferred in a special message transmitted under
section 1012 or 1013, such budget authority--
``(1) shall be made available for obligation in sufficient
time to be prudently obligated as required under section
1012(b) or 1013; and
``(2) may not be deferred or otherwise withheld from
obligation during the 90-day period before the expiration of
the period of availability of such budget authority, including,
if applicable, the 90-day period before the expiration of an
initial period of availability for which such budget authority
was provided.
``(b) Administrative Requirement.--With respect to an apportionment
of an appropriation (as that term is defined in section 1511 of title
31, United States Code) made pursuant to section 1512 of such title, an
appropriation shall be apportioned--
``(1) to make available all amounts for obligation in
sufficient time to be prudently obligated; and
``(2) to make available all amounts for obligation, without
precondition (including footnotes) that shall be met prior to
obligation, not later than 90 days before the expiration of the
period of availability of such appropriation, including, if
applicable, 90 days before the expiration of an initial period
of availability for which such appropriation was provided.''.
(b) Clerical Amendment.--The table of contents of the Congressional
Budget and Impoundment Control Act of 1974 set forth in section 1(b) of
such Act is amended by inserting after the item relating to section
1017 the following:
``1018. Prudent obligation of budget authority and specific
requirements for expiring budget
authority.''.
SEC. 502. STRENGTHENING CONGRESSIONAL REVIEW.
(a) In General.--Part B of the Impoundment Control Act of 1974 (2
U.S.C. 682 et seq.), as amended by section 501(a), is further amended
by adding at the end the following:
``reporting on apportionment of appropriations by departments and
agencies
``Sec. 1019. Each department or agency shall--
``(1) notify the Committee on the Budget and the Committee
on Appropriations of the House of Representatives, the
Committee on the Budget and the Committee on Appropriations of
the Senate, and any other appropriate congressional committees
if--
``(A) an apportionment is not made in the required
time period provided in section 1513(b) of title 31,
United States Code;
``(B) an approved apportionment received by the
department or agency conditions the availability of an
appropriation on further action; or
``(C) an approved apportionment received by the
department or agency may hinder the prudent obligation
of such appropriation or the execution of a program,
project, or activity by such department or agency; and
``(2) include in each notification under paragraph (1)
information identifying the bureau, account name, appropriation
name, and Treasury Appropriation Fund Symbol or fund
account.''.
(b) Clerical Amendment.--The table of contents of the Congressional
Budget and Impoundment Control Act of 1974 set forth in section 1(b) of
such Act, as amended by section 501(b), is further amended by inserting
after the item relating to section 1018 the following:
``1019. Reporting on apportionment of appropriations by departments and
agencies.''.
SEC. 503. UPDATED AUTHORITIES FOR AND REPORTING BY THE COMPTROLLER
GENERAL.
(a) In General.--Section 1015 of the Impoundment Control Act of
1974 (2 U.S.C. 686) is amended--
(1) in subsection (a), in the matter following paragraph
(2), by striking the last sentence; and
(2) by adding at the end the following:
``(c) Review.--
``(1) In general.--The Comptroller General shall--
``(A) review compliance with this part; and
``(B) submit to the Committee on the Budget, the
Committee on Appropriations, and the Committee on
Homeland Security and Governmental Affairs of the
Senate, the Committee on the Budget, the Committee on
Appropriations, and the Committee on Oversight and
Reform of the House of Representatives, and any other
appropriate congressional committee of the Senate or
the House of Representatives a report, and any relevant
information related to the report, on any noncompliance
with this part.
``(2) Information, documentation, and views.--The President
or the head of the relevant department or agency of the United
States shall provide information, documentation, and views to
the Comptroller General, as is determined by the Comptroller
General to be necessary to determine such compliance, not later
than 20 days after the date on which the request from the
Comptroller General is received, or if the Comptroller General
determines that a shorter or longer period is appropriate based
on the specific circumstances, within such shorter or longer
period.
``(3) Access.--To carry out the responsibilities of this
part, the Comptroller General shall have access to interview
the officers, employees, contractors, and other agents and
representatives of a department, agency, or office of the
United States at any reasonable time as the Comptroller General
may request.''.
(b) Rule of Construction.--Section 1001 of the Impoundment Control
Act of 1974 (2 U.S.C. 681) is amended--
(1) in paragraph (3), by striking the ``or'' at the end of
the paragraph;
(2) in paragraph (4), by striking the period at the end and
inserting ``; or''; and
(3) by adding at the end the following:
``(5) affecting or limiting in any way the authorities
provided to the Comptroller General under chapter 7 of title
31, United States Code.''.
SEC. 504. ADVANCE CONGRESSIONAL NOTIFICATION AND LITIGATION.
Section 1016 of the Impoundment Control Act of 1974 (2 U.S.C. 687)
is amended to read as follows:
``suits by comptroller general
``Sec. 1016. (a) In General.--If, under this title, budget
authority is required to be made available for obligation and such
budget authority is not made available for obligation or information,
documentation, views, or access are required to be produced and such
information, documentation, views, or access are not produced, the
Comptroller General is expressly empowered, through attorneys selected
by the Comptroller General, to bring a civil action in the United
States District Court for the District of Columbia to require such
budget authority to be made available for obligation or such
information, documentation, views, or access to be produced.
``(b) Court Authority.--In a civil action under subsection (a), the
court is expressly empowered to enter, against any department, agency,
officer, or employee of the United States, any decree, judgment, or
order which may be necessary or appropriate to make such budget
authority available for obligation or compel production of such
information, documentation, views, or access.
``(c) Notice.--No civil action shall be brought by the Comptroller
General to require budget authority be made available under this
section until the expiration of 15 calendar days following the date on
which an explanatory statement by the Comptroller General of the
circumstances giving rise to the action contemplated is filed with the
Speaker of the House of Representatives and the President of the
Senate, except that expiration of such period shall not be required if
the Comptroller General finds (and incorporates the finding in the
explanatory statement filed) that such delay would be contrary to the
public interest.''.
SEC. 505. PENALTIES FOR FAILURE TO COMPLY WITH THE IMPOUNDMENT CONTROL
ACT OF 1974.
(a) In General.--Part B of the Impoundment Control Act of 1974 (2
U.S.C. 682 et seq.), as amended by section 502(a), is further amended
by adding at the end the following:
``penalties for failure to comply
``Sec. 1020. (a) Administrative Discipline.--An officer or
employee of the Executive Branch of the United States Government
violating this part shall be subject to appropriate administrative
discipline, including, when circumstances warrant, suspension from duty
without pay or removal from office.
``(b) Reporting Violations.--
``(1) In general.--In the event of a violation of section
1001, 1012, 1013, or 1018 of this part, or in the case that the
Comptroller General issues a legal decision concluding that a
department, agency, or office of the United States violated
this part, the President or the head of the relevant department
or agency as the case may be, shall report immediately to
Congress all relevant facts and a statement of actions taken. A
copy of each report shall also be transmitted to the
Comptroller General and the relevant inspector general on the
same date the report is transmitted to the Congress.
``(2) Contents.--Any such report shall include a summary of
the facts pertaining to the violation, the title and Treasury
Appropriation Fund Symbol of the appropriation or fund account,
the amount involved for each violation, the date on which the
violation occurred, the position of any individuals responsible
for the violation, a statement of the administrative discipline
imposed and any further action taken with respect to any
officer or employee involved in the violation, a statement of
any additional action taken to prevent recurrence of the same
type of violation, and any written response by any officer or
employee identified by position as involved in the violation.
In the case that the Comptroller General issues a legal
decision concluding that a department, agency, or office of the
United States violated this part and the relevant department,
agency, or office does not agree that a violation has occurred,
the report provided to Congress, the Comptroller General, and
relevant inspector general will explain the position of the
department, agency, or office.
``(3) Opportunity to respond.--If any such report
identifies the position of any officer or employee as involved
in the violation, such officer or employee shall be provided a
reasonable opportunity to respond in writing, and any such
response shall be appended to the report.''.
(b) Clerical Amendment.--The table of contents of the Congressional
Budget and Impoundment Control Act of 1974 set forth in section 1(b) of
such Act, as amended by section 502(b), is further amended by inserting
after the item relating to section 1019 the following:
``1020. Penalties for failure to comply.''.
Subtitle B--Strengthening Transparency and Reporting
PART 1--FUNDS MANAGEMENT AND REPORTING TO THE CONGRESS
SEC. 511. EXPIRED BALANCE REPORTING IN THE PRESIDENT'S BUDGET.
Section 1105(a) of title 31, United States Code, is amended by
adding at the end the following:
``(40) for the budget for each of fiscal years 2025 through
2029, a report--
``(A) identifying unobligated expired balances as
of the beginning of the current fiscal year and the
beginning of each of the preceding 2 fiscal years by
agency and the applicable Treasury Appropriation Fund
Symbol or fund account; and
``(B) providing explanation of unobligated expired
balances in any Treasury Appropriation Fund Symbol or
fund account that exceed the lesser of 5 percent of
total appropriations made available for that account or
$100,000,000.''.
SEC. 512. CANCELLED BALANCE REPORTING IN THE PRESIDENT'S BUDGET.
Section 1105(a) of title 31, United States Code, as amended by
section 511, is further amended by adding at the end the following:
``(41) for the budget for each of fiscal years 2025 through
2029, a report--
``(A) identifying cancelled balances (pursuant to
section 1552(a)) for the preceding 3 fiscal years by
agency and Treasury Appropriation Fund Symbol or fund
account;
``(B) providing explanation of cancelled balances
in any Treasury Appropriation Fund Symbol or fund
account that exceed the lesser of 5 percent of total
appropriations made available for that account or
$100,000,000; and
``(C) including a tabulation, by Treasury
Appropriation Fund Symbol or fund account and
appropriation, of all balances of appropriations
available for an indefinite period in an appropriation
account available for an indefinite period that do not
meet the criteria for closure under section 1555, but
for which either--
``(i) the head of the agency concerned or
the President has determined that the purposes
for which the appropriation was made have been
carried out; or
``(ii) no disbursement has been made
against the appropriation--
``(I) in the prior year and the
preceding fiscal year; or
``(II) in the prior year and which
the budget estimates zero disbursements
in the current year.''.
SEC. 513. LAPSE IN APPROPRIATIONS--REPORTING IN THE PRESIDENT'S BUDGET.
Section 1105(a) of title 31, United States Code, as amended by
section 512, is further amended by adding at the end the following:
``(42) a report--
``(A) identifying any obligation or expenditure
made by a department or agency affected in whole or in
part by any lapse in appropriations of 5 consecutive
days or more during the preceding fiscal year for which
amounts were not available; and
``(B) with respect to any such obligation or
expenditure, providing--
``(i) the amount so obligated or expended;
``(ii) the account affected;
``(iii) an explanation of the exception
under subchapter III of chapter 13 or
subchapter II of chapter 15 of this title, or
another legal authority, that permitted the
department or agency, as the case may be, to
incur such obligation or expenditure; and
``(iv) an explanation of any change in the
application of any exception under subchapter
III of chapter 13 or subchapter II of chapter
15 of this title for a program, project, or
activity from any explanations previously
reported on pursuant to this paragraph.''.
SEC. 514. TRANSFER AND OTHER REPURPOSING AUTHORITY REPORTING IN THE
PRESIDENT'S BUDGET.
Section 1105(a) of title 31, United States Code, as amended by
section 513, is further amended by adding at the end the following:
``(43) for the budget for fiscal year 2025, a report--
``(A) identifying any transfer authority or other
authority to repurpose appropriations provided in a law
other than an appropriation act; and
``(B) with respect to any such authority, providing
the citation to the statute, the list of departments or
agencies covered, an explanation of when such authority
may be used, and an explanation on any use of such
authority in the preceding 3 fiscal years.''.
SEC. 515. AUTHORIZING CANCELLATIONS IN INDEFINITE ACCOUNTS BY
APPROPRIATION.
(a) In General.--Subchapter IV of chapter 15 of title 31, United
States Code, is amended by inserting after section 1555 the following:
``Sec. 1555a. Cancellation of appropriations available for indefinite
periods within an account
``Any remaining balance (whether obligated or unobligated) from an
appropriation available for an indefinite period in an appropriation
account available for an indefinite period that does not meet the
requirements for closure under section 1555 shall be canceled, and
thereafter shall not be available for obligation or expenditure for any
purpose, if--
``(1) the head of the agency concerned or the President
determines that the purposes for which the appropriation was
made have been carried out; and
``(2) no disbursement has been made against the
appropriation for two consecutive fiscal years.''.
(b) Clerical Amendment.--The table of sections for subchapter IV of
chapter 15 of title 31, United States Code, is amended by inserting
after the item relating to section 1555 the following:
``1555a. Cancellation of appropriations available for indefinite
periods within an account.''.
PART 2--EMPOWERING CONGRESSIONAL REVIEW THROUGH NONPARTISAN
CONGRESSIONAL AGENCIES AND TRANSPARENCY INITIATIVES
SEC. 521. REQUIREMENT TO RESPOND TO REQUESTS FOR INFORMATION FROM THE
COMPTROLLER GENERAL FOR BUDGET AND APPROPRIATIONS LAW
DECISIONS.
(a) In General.--Subchapter II of chapter 7 of title 31, United
States Code, is amended by adding at the end the following:
``Sec. 722. Requirement to respond to requests for information from the
Comptroller General for budget and appropriations law
decisions
``(a) If an agency receives a written request for information,
documentation, or views from the Comptroller General relating to a
decision or opinion on budget or appropriations law, the agency shall
provide the requested information, documentation, or views not later
than 20 days after receiving the written request, unless such written
request specifically provides otherwise.
``(b) If an agency fails to provide the requested information,
documentation, or views within the time required by subsection (a)--
``(1) the Comptroller General shall notify, in writing, the
Committee on Homeland Security and Governmental Affairs of the
Senate, the Committee on Oversight and Accountability of the
House of Representatives, and any other appropriate
congressional committee of such failure;
``(2) the Comptroller General is hereby expressly
empowered, through attorneys selected by the Comptroller
General, to bring a civil action in the United States District
Court for the District of Columbia to require such information,
documentation, or views to be produced; and
``(3) the court in a civil action brought under paragraph
(2) is expressly empowered to enter against any department,
agency, officer, or employee of the United States any decree,
judgment, or order which may be necessary or appropriate to
require such production.
``(c) Nothing in this section shall be construed as affecting or
otherwise limiting the authorities provided to the Comptroller General
in section 716 of this title.''.
(b) Clerical Amendment.--The table of sections for subchapter II of
chapter 7 of title 31, United States Code, is amended by inserting
after the item relating to section 721 the following:
``722. Requirement to respond to requests for information from the
Comptroller General for budget and
appropriations law decisions.''.
SEC. 522. REPORTING REQUIREMENTS FOR ANTIDEFICIENCY ACT VIOLATIONS.
(a) Violations of Section 1341 or 1342.--Section 1351 of title 31,
United States Code, is amended--
(1) by striking ``If'' and inserting ``(a) If'';
(2) by inserting ``or if the Comptroller General determines
that an officer or employee of an executive agency or of the
District of Columbia government violated section 1341(a) or
1342,'' before ``the head of the agency'';
(3) by striking ``the Comptroller General'' and inserting
``the Comptroller General and the Attorney General''; and
(4) by adding at the end the following:
``(b) Any such report shall include a statement of the provision
violated, a summary of the facts pertaining to the violation, the title
and Treasury Appropriation Fund Symbol of the appropriation or fund
account, the amount involved for each violation, the date on which the
violation occurred, the position of any officer or employee responsible
for the violation, a statement of the administrative discipline imposed
and any further action taken with respect to any officer or employee
involved in the violation, a statement of any additional action taken
to prevent recurrence of the same type of violation, a statement of any
determination that the violation was not knowing and willful that has
been made by the executive agency or the District of Columbia
government, and any written response by any officer or employee
identified by position as involved in the violation. In the case that
the Comptroller General issues a legal decision concluding that section
1341(a) or 1342 was violated and the executive agency or the District
of Columbia government does not agree that a violation has occurred,
the report provided to the President, the Congress, and the Comptroller
General will explain the position of the executive agency or the
District of Columbia government.''.
(b) Violations of Section 1517.--Section 1517 of title 31, United
States Code, is amended--
(1) in subsection (b)--
(A) by inserting ``or if the Comptroller General
determines that an officer or employee of an executive
agency or of the District of Columbia government
violated subsection (a),'' before ``the head of the
executive agency''; and
(B) by striking ``the Comptroller General'' and
inserting ``the Comptroller General and the Attorney
General''; and
(2) by adding at the end the following:
``(c) Any such report shall include a statement of the provision
violated, a summary of the facts pertaining to the violation, the title
and Treasury Appropriation Fund Symbol of the appropriation or fund
account, the amount involved for each violation, the date on which the
violation occurred, the position of any officer or employee responsible
for the violation, a statement of the administrative discipline imposed
and any further action taken with respect to any officer or employee
involved in the violation, a statement of any additional action taken
to prevent recurrence of the same type of violation, a statement of any
determination that the violation was not knowing and willful that has
been made by the executive agency or the District of Columbia
government, and any written response by any officer or employee
identified by position as involved in the violation. In the case that
the Comptroller General issues a legal decision concluding that
subsection (a) was violated and the executive agency or the District of
Columbia government does not agree that a violation has occurred, the
report provided to the President, the Congress, and the Comptroller
General will explain the position of the executive agency or the
District of Columbia government.''.
SEC. 523. DEPARTMENT OF JUSTICE REPORTING TO CONGRESS FOR
ANTIDEFICIENCY ACT VIOLATIONS.
(a) Violations of Sections 1341 or 1342.--Section 1350 of title 31,
United States Code, is amended--
(1) by striking ``An officer'' and inserting ``(a) An
officer''; and
(2) by adding at the end the following:
``(b)(1) If an executive agency or the District of Columbia
government reports, under section 1351, a violation of section 1341(a)
or 1342, the Attorney General shall promptly review such report and
investigate to the extent necessary to determine whether there are
reasonable grounds to believe that the responsible officer or employee
knowingly and willfully violated such section 1341(a) or 1342, as
applicable. If the Attorney General determines that there are such
reasonable grounds, the Attorney General diligently shall investigate a
criminal violation under this section.
``(2) The Attorney General shall submit to Congress and the
Comptroller General on or before March 31 of each calendar year an
annual report detailing separately for each executive agency and for
the District of Columbia government--
``(A) the number of reports under section 1351 transmitted
to the President during the preceding calendar year;
``(B) the number of reports reviewed in accordance with
paragraph (1) during the preceding calendar year;
``(C) without identification of any individual officer or
employee, a description of each investigation undertaken in
accordance with paragraph (1) during the preceding calendar
year and an explanation of the status of any such
investigation; and
``(D) without identification of any individual officer or
employee, an explanation of any update to the status of any
review or investigation previously reported pursuant to this
paragraph.''.
(b) Violations of Section 1517.--Section 1519 of title 31, United
States Code, is amended--
(1) by striking ``An officer'' and inserting ``(a) An
officer''; and
(2) by adding at the end the following:
``(b)(1) If an executive agency or the District of Columbia
government reports, under section 1517(b), a violation of section
1517(a), the Attorney General shall promptly review such report and
investigate to the extent necessary to determine whether there are
reasonable grounds to believe that the responsible officer or employee
knowingly and willfully violated such section 1517(a). If the Attorney
General determines that there are such reasonable grounds, the Attorney
General diligently shall investigate a criminal violation under this
section.
``(2) The Attorney General shall submit to Congress and the
Comptroller General on or before March 31 of each calendar year an
annual report detailing separately for each executive agency and for
the District of Columbia government--
``(A) the number of reports under section 1517(b)
transmitted to the President during the preceding calendar
year;
``(B) the number of reports reviewed in accordance with
paragraph (1) during the preceding calendar year;
``(C) without identification of any individual officer or
employee, a description of each investigation undertaken in
accordance with paragraph (1) during the preceding calendar
year and an explanation of the status of any such
investigation; and
``(D) without identification of any individual officer or
employee, an explanation of any update to the status of any
review or investigation previously reported pursuant to this
subsection.''.
SEC. 524. PUBLICATION OF BUDGET OR APPROPRIATIONS LAW OPINIONS OF THE
DEPARTMENT OF JUSTICE OFFICE OF LEGAL COUNSEL.
(a) Schedule of Publication for Final OLC Opinions.--Each final OLC
opinion shall be made available on its public website in a manner that
is searchable, sortable, and downloadable in its entirety as soon as is
practicable, but--
(1) not later than 30 days after the opinion is issued or
updated if such action takes place on or after the date of
enactment of this Act;
(2) not later than 1 year after the date of enactment of
this Act for an opinion issued on or after January 20, 1993;
(3) not later than 2 years after the date of enactment of
this Act for an opinion issued on or after January 20, 1981,
and before or on January 19, 1993;
(4) not later than 3 years after the date of enactment of
this Act for an opinion issued on or after January 20, 1969,
and before or on January 19, 1981; and
(5) not later than 4 years after the date of enactment of
this Act for all other opinions.
(b) Exceptions and Limitation on Public Availability of Final OLC
Opinions.--
(1) In general.--A final OLC opinion or part thereof may be
withheld only to the extent--
(A) information contained in the opinion was--
(i) specifically authorized to be kept
secret, under criteria established by an
Executive order, in the interest of national
defense or foreign policy;
(ii) properly classified, including all
procedural and marking requirements, pursuant
to such Executive order;
(iii) the Attorney General determines that
the national defense or foreign policy
interests protected outweigh the public's
interest in access to the information; and
(iv) put through declassification review
within the past two years;
(B) information contained in the opinion relates to
the appointment of a specific individual not confirmed
to Federal office;
(C) information contained in the opinion is
specifically exempted from disclosure by statute (other
than sections 552 and 552b of title 5, United States
Code), if such statute--
(i) requires that the material be withheld
in such a manner as to leave no discretion on
the issue; or
(ii) establishes particular criteria for
withholding or refers to particular types of
material to be withheld;
(D) information in the opinion includes trade
secrets and commercial or financial information
obtained from a person and privileged or confidential
whose disclosure would likely cause substantial harm to
the competitive position of the person from whom the
information was obtained;
(E) the President, in his or her sole and
nondelegable determination, formally and personally
claims in writing that executive privilege prevents the
release of the information and disclosure would cause
specific identifiable harm to an interest protected by
an exception or the disclosure is prohibited by law; or
(F) information in the opinion includes personnel
and medical files and similar files the disclosure of
which would constitute a clearly unwarranted invasion
of personal privacy.
(2) Determination to withhold.--Any determination under
this subsection to withhold information contained in a final
OLC opinion shall be made by the Attorney General or a designee
of the Attorney General. The determination shall be--
(A) in writing;
(B) made available to the public within the same
timeframe as is required of a formal OLC opinion;
(C) sufficiently detailed as to inform the public
of what kind of information is being withheld and the
reason therefore; and
(D) effective only for a period of 3 years, subject
to review and reissuance, with each reissuance made
available to the public.
(3) Final opinions.--For final OLC opinions for which the
text is withheld in full or in substantial part, a detailed
unclassified summary of the opinion shall be made available to
the public, in the same timeframe as required of the final OLC
opinion, that conveys the essence of the opinion, including any
interpretations of a statute, the Constitution, or other legal
authority. A notation shall be included in any published list
of final OLC opinions regarding the extent of the withholdings.
(4) No limitation on freedom of information.--Nothing in
this subsection shall be construed as limiting the availability
of information under section 552 of title 5, United States Code
or construed as an exemption under paragraph (3) of subsection
(b) of such section.
(5) No limitation on relief.--A decision by the Attorney
General to release or withhold information pursuant to this
title shall not preclude any action or relief conferred by
statutory or regulatory regime that empowers any person to
request or demand the release of information.
(6) Reasonably segregable portions of opinions to be
published.--Any reasonably segregable portion of an opinion
shall be provided after withholding of the portions which are
exempt under this section. The amount of information withheld,
and the exemption under which the withholding is made, shall be
indicated on the released portion of the opinion, unless
including that indication would harm an interest protected by
the exemption in this paragraph under which the withholding is
made. If technically feasible, the amount of the information
withheld, and the exemption under which the withholding is
made, shall be indicated at the place in the opinion where such
withholding is made.
(c) Method of Publication.--The Attorney General shall publish each
final OLC opinion to the extent the law permits, including by
publishing the opinions on a publicly accessible website that--
(1) with respect to each opinion--
(A) contains an electronic copy of the opinion,
including any transmittal letter associated with the
opinion, in an open format that is platform independent
and that is available to the public without
restrictions;
(B) provides the public the ability to retrieve an
opinion, to the extent practicable, through searches
based on--
(i) the title of the opinion;
(ii) the date of publication or revision;
or
(iii) the full text of the opinion;
(C) identifies the time and date when the opinion
was required to be published, and when the opinion was
transmitted for publication; and
(D) provides a permanent means of accessing the
opinion electronically;
(2) includes a means for bulk download of all final OLC
opinions or a selection of opinions retrieved using a text-
based search;
(3) provides free access to the opinions, and does not
charge a fee, require registration, or impose any other
limitation in exchange for access to the website; and
(4) is capable of being upgraded as necessary to carry out
the purposes of this section.
(d) Definitions.--In this section:
(1) OLC opinion.--The term ``OLC opinion'' means views on a
matter of legal interpretation communicated by the Office of
Legal Counsel of the Department of Justice to any other office
or agency, or person in an office or agency, in the Executive
Branch, including any office in the Department of Justice, the
White House, or the Executive Office of the President, and
rendered in accordance with sections 511-513 of title 28,
United States Code, and relating to--
(A) subtitle II, III, V, or VI of title 31, United
States Code;
(B) the Balanced Budget and Emergency Deficit
Control Act of 1985;
(C) the Congressional Budget and Impoundment
Control Act of 1974; or
(D) any appropriations Act, continuing resolution,
or other provision of law providing or governing
appropriations or budget authority.
(2) Final olc opinion.--The term ``final OLC opinion''
means an OLC opinion that--
(A) the Attorney General, Assistant Attorney
General for the Office of Legal Counsel, or a Deputy
Assistant Attorney General for the Office of Legal
Counsel, has determined is final; or
(B) is cited in another Office of Legal Counsel
opinion.
SEC. 525. TREATMENT OF REQUESTS FOR INFORMATION FROM MEMBERS OF
CONGRESS.
Section 552(d) of title 5, United States Code (commonly known as
the ``Freedom of Information Act''), is amended, in the second
sentence, by inserting ``or any Member of Congress'' before the period
at the end.
Subtitle C--Strengthening Congressional Role in and Oversight of
Emergency Declarations and Designations
SEC. 531. IMPROVING CHECKS AND BALANCES ON THE USE OF THE NATIONAL
EMERGENCIES ACT.
(a) Requirements Relating to Declaration and Renewal of National
Emergencies.--Title II of the National Emergencies Act (50 U.S.C. 1621
et seq.) is amended by striking sections 201 and 202 and inserting the
following:
``SEC. 201. DECLARATIONS OF NATIONAL EMERGENCIES.
``(a) Authority To Declare National Emergencies.--With respect to
Acts of Congress authorizing the exercise, during the period of a
national emergency, of any special or extraordinary power, the
President is authorized to declare such a national emergency by
proclamation. Such proclamation shall immediately be transmitted to
Congress and published in the Federal Register.
``(b) Specification of Provisions of Law To Be Exercised and
Reporting.--No powers or authorities made available by statute for use
during the period of a national emergency shall be exercised unless and
until the President specifies the provisions of law under which the
President proposes that the President or other officers will act in--
``(1) a proclamation declaring a national emergency under
subsection (a); or
``(2) one or more Executive orders relating to the
emergency published in the Federal Register and transmitted to
Congress.
``(c) Prohibition on Subsequent Actions if Emergencies Not
Approved.--
``(1) Subsequent declarations.--If a joint resolution of
approval is not enacted under section 203 with respect to a
national emergency before the expiration of the period
described in section 202(a), or with respect to a national
emergency proposed to be renewed under section 202(b), the
President may not, during the remainder of the term of office
of that President, declare a subsequent national emergency
under subsection (a) with respect to substantially the same
circumstances.
``(2) Exercise of authorities.--If a joint resolution of
approval is not enacted under section 203 with respect to a
power or authority specified by the President under subsection
(b) with respect to a national emergency, the President may
not, during the remainder of the term of office of that
President, exercise that power or authority with respect to
that emergency.
``(d) Effect of Future Laws.--No law enacted after the date of the
enactment of the Congressional Power of the Purse Act shall supersede
this title unless it does so in specific terms, referring to this
title, and declaring that the new law supersedes the provisions of this
title.
``(e) Limitations.--
``(1) In general.--Any emergency powers invoked by the
President pursuant to a national emergency declared under this
section shall relate to the nature of, and may be used only to
address, that emergency.
``(2) Authorization or funding withheld.--No authority
available to the President during a national emergency declared
under this section may be used to provide authorization or
funding for any program, project, or activity for which
Congress, on or after the date of the events giving rise to the
emergency declaration, has withheld authorization or funding.
``SEC. 202. EFFECTIVE PERIODS OF NATIONAL EMERGENCIES.
``(a) Temporary Effective Periods.--
``(1) In general.--Unless previously terminated pursuant to
a proclamation of the President or an Act of Congress under
subsection (c), a declaration of a national emergency shall
remain in effect for 20 session days, in the case of the
Senate, and 20 legislative days, in the case of the House, from
the issuance of the proclamation under section 201(a) (not
counting the day on which the proclamation was issued) and
shall terminate when that period expires unless there is
enacted into law a joint resolution of approval under section
203 with respect to the proclamation.
``(2) Exercise of powers and authorities.--Unless the
declaration of national emergency has been terminated pursuant
to a proclamation of the President or an Act of Congress under
subsection (c), any emergency power or authority made available
under a provision of law specified pursuant to section 201(b)
may be exercised pursuant to a declaration of a national
emergency for 20 session days, in the case of the Senate, and
20 legislative days, in the case of the House, from the
issuance of the proclamation or Executive order (not counting
the day on which such proclamation or Executive order was
issued). That power or authority may not be exercised after
that period expires unless there is enacted into law a joint
resolution of approval under section 203 approving--
``(A) the proclamation of the national emergency or
the Executive order; and
``(B) the exercise of the power or authority
specified by the President in such proclamation or
Executive order.
``(b) Renewal of National Emergencies.--A national emergency
declared by the President under section 201(a) or previously renewed
under this subsection, and not already terminated pursuant to
subsection (a) or (c), shall terminate on the date that is one year
after the President transmitted to Congress the proclamation declaring
the emergency or the enactment of a previous renewal pursuant to this
subsection, unless--
``(1) the President publishes in the Federal Register and
transmits to Congress an Executive order renewing the
emergency; and
``(2) there is enacted into law a joint resolution of
approval renewing the emergency pursuant to section 203 before
the termination of the emergency or previous renewal of the
emergency.
``(c) Termination of National Emergencies.--
``(1) In general.--Any national emergency declared by the
President under section 201(a) shall terminate on the earliest
of--
``(A) the date provided for in subsection (a);
``(B) the date provided for in subsection (b);
``(C) the date specified in an Act of Congress,
including a joint resolution of termination under
section 203, terminating the emergency; or
``(D) the date specified in a proclamation of the
President terminating the emergency.
``(2) Effect of termination.--Effective on the date of the
termination of a national emergency under paragraph (1)--
``(A) any powers or authorities exercised by reason
of the emergency shall cease to be exercised;
``(B) any amounts reprogrammed, repurposed, or
transferred under any provision of law with respect to
the emergency that remain unobligated on that date
shall be returned and made available for the purpose
for which such amounts were appropriated; and
``(C) any contracts entered into under any
provision of law relating to the emergency shall be
terminated.
``SEC. 203. REVIEW BY CONGRESS OF NATIONAL EMERGENCIES.
``(a) Joint Resolution of Approval Defined.--In this section, the
term `joint resolution of approval' means a joint resolution that does
not have a preamble and that contains only the following provisions
after its resolving clause:
``(1) A provision approving one or more--
``(A) proclamations declaring national emergencies
under section 201(a);
``(B) Executive orders issued under section
201(b)(2); or
``(C) Executive orders issued under section 202(b).
``(2) A provision approving a list of all or a portion of
the provisions of law specified by the President under section
201(b) in the proclamations or Executive orders that are the
subject of the joint resolution.
``(b) Joint Resolution of Termination Defined.--In this section,
the term `joint resolution of termination' means a resolution
introduced in the House or Senate to terminate--
``(1) a national emergency declared under section 201; or
``(2) the exercise of any authorities pursuant to that
emergency.
``(c) Procedures for Consideration of Joint Resolutions of Approval
and Joint Resolutions of Termination.--
``(1) Introduction.--After the President transmits to
Congress a proclamation declaring a national emergency under
section 201(a), or an Executive order specifying emergency
powers or authorities under section 201(b)(2) or renewing a
national emergency under section 202(b), a joint resolution of
approval or joint resolution of termination may be introduced
in either House of Congress by any member of that House.
``(2) Consideration in senate.--In the Senate, the
following shall apply:
``(A) Committee referral.--A joint resolution of
approval or joint resolution of termination shall be
referred to the appropriate committee or committees.
``(B) Reporting and discharge.--If the committee to
which a joint resolution of approval or joint
resolution of termination has been referred has not
reported it at the end of 10 calendar days after its
introduction, that committee shall be discharged from
further consideration of the resolution and it shall be
placed on the calendar.
``(C) Proceeding to consideration.--Notwithstanding
Rule XXII of the Standing Rules of the Senate, when a
committee to which a joint resolution of approval or
joint resolution of termination is referred has
reported the resolution, or when that committee is
discharged under subparagraph (B) from further
consideration of the resolution, it is at any time
thereafter in order to move to proceed to the
consideration of the joint resolution, and all points
of order against the joint resolution (and against the
motion to proceed to the consideration of the joint
resolution) are waived. The motion to proceed shall be
debatable for 4 hours evenly divided between proponents
and opponents of the joint resolution of approval or
joint resolution of termination. The motion is not
subject to amendment, or to a motion to postpone, or to
a motion to proceed to the consideration of other
business. A motion to reconsider the vote by which the
motion is agreed to or disagreed to shall not be in
order. If a motion to proceed to the consideration of a
joint resolution of approval or joint resolution of
termination is agreed to, the joint resolution shall
remain the unfinished business of the Senate until
disposed of.
``(D) Floor consideration.--There shall be 10 hours
of consideration on a joint resolution of approval or
joint resolution of termination, to be divided evenly
between the proponents and opponents of the joint
resolution. Of that 10 hours, there shall be a total of
2 hours of debate on any debatable motions in
connection with the joint resolution, to be divided
evenly between the proponents and opponents of the
joint resolution.
``(E) Amendments.--No amendments shall be in order
with respect to a joint resolution of approval or joint
resolution of termination in the Senate.
``(F) Motion to reconsider vote on passage.--A
motion to reconsider a vote on passage of a joint
resolution of approval or joint resolution of
termination shall not be in order.
``(G) Appeals.--Points of order and appeals from
the decision of the Presiding Officer shall be decided
without debate.
``(3) Consideration in house of representatives.--In the
House of Representatives, the following shall apply:
``(A) Reporting and discharge.--If any committee to
which a joint resolution of approval or joint
resolution of termination has been referred has not
reported it to the House within seven legislative days
after the date of referral such committee shall be
discharged from further consideration of the joint
resolution.
``(B)(i) Proceeding to consideration.--Beginning on
the third legislative day after each committee to which
a joint resolution of approval or joint resolution of
termination has been referred reports it to the House
or has been discharged from further consideration
thereof, it shall be in order to move to proceed to
consider the joint resolution of approval or joint
resolution of termination in the House. All points of
order against the motion are waived. Such a motion
shall not be in order after the House has disposed of
another motion to proceed on the joint resolution of
approval or joint resolution of termination. The
previous question shall be considered as ordered on the
motion to its adoption without intervening motion. The
motion shall not be debatable. A motion to reconsider
the vote by which the motion is disposed of shall not
be in order.
``(ii) Motion.--A motion to proceed to the
consideration of a joint resolution of approval of an
Executive order described in subsection (a)(1) or a
list described in subsection (a)(2) shall not be in
order before the enactment of a joint resolution of
approval of the proclamation described in subsection
(a)(1) that is the subject of such Executive order or
list.
``(C) Consideration.--The joint resolution of
approval or joint resolution of termination shall be
considered as read. All points of order against the
joint resolution of approval or joint resolution of
termination and against its consideration are waived.
The previous question shall be considered as ordered on
the joint resolution of approval or joint resolution of
termination to final passage without intervening motion
except two hours of debate equally divided and
controlled by the sponsor of the joint resolution of
approval or joint resolution of termination (or a
designee) and an opponent. A motion to reconsider the
vote on passage of the joint resolution of approval or
joint resolution of termination shall not be in order.
``(4) Coordination with action by other house.--
``(A) In general.--If, before the passage by one
House of a joint resolution of approval or joint
resolution of termination of that House, that House
receives from the other House a joint resolution of
approval or joint resolution of termination with regard
to the same proclamation or Executive order, then the
following procedures shall apply:
``(i) The joint resolution of approval or
joint resolution of termination of the other
House shall not be referred to a committee.
``(ii) With respect to a joint resolution
of approval or joint resolution of termination
of the House receiving the joint resolution--
``(I) the procedure in that House
shall be the same as if no joint
resolution of approval or joint
resolution of termination had been
received from the other House; but
``(II) the vote on passage shall be
on the joint resolution of approval or
joint resolution of termination of the
other House.
``(iii) Upon the failure of passage of the
joint resolution of approval or joint
resolution of termination of the other House,
the question shall immediately occur on passage
of the joint resolution of approval or joint
resolution of termination of the receiving
House.
``(B) Treatment of legislation of other house.--If
one House fails to introduce a joint resolution of
approval or joint resolution of termination under this
section, the joint resolution of approval or joint
resolution of termination of the other House shall be
entitled to expedited floor procedures under this
section.
``(C) Application to revenue measures.--The
provisions of this paragraph shall not apply in the
House of Representatives to a joint resolution of
approval or joint resolution of termination that is a
revenue measure.
``(5) Treatment of veto message.--Debate on a veto message
in the Senate under this section shall be 1 hour evenly divided
between the majority and minority leaders or their designees.
``(d) Rule of Construction.--The enactment of a joint resolution of
approval or joint resolution of termination under this section shall
not be interpreted to serve as a grant or modification by Congress of
statutory authority for the emergency powers of the President.
``(e) Rules of the House and Senate.--This section is enacted by
Congress--
``(1) as an exercise of the rulemaking power of the Senate
and the House of Representatives, respectively, and as such is
deemed a part of the rules of each House, respectively, but
applicable only with respect to the procedure to be followed in
the House in the case of joint resolutions described in this
section, and supersedes other rules only to the extent that it
is inconsistent with such other rules; and
``(2) with full recognition of the constitutional right of
either House to change the rules (so far as relating to the
procedure of that House) at any time, in the same manner, and
to the same extent as in the case of any other rule of that
House.
``SEC. 204. EXCLUSION OF CERTAIN NATIONAL EMERGENCIES INVOKING
INTERNATIONAL EMERGENCY ECONOMIC POWERS ACT.
``(a) In General.--In the case of a national emergency described in
subsection (b), the provisions of the National Emergencies Act, as in
effect on the day before the date of the enactment of the Congressional
Power of the Purse Act, shall continue to apply on and after such date
of enactment.
``(b) National Emergency Described.--
``(1) In general.--A national emergency described in this
subsection is a national emergency pursuant to which the
President proposes to exercise emergency powers or authorities
made available under the International Emergency Economic
Powers Act (50 U.S.C. 1701 et seq.), supplemented as necessary
by a provision of law specified in paragraph (2).
``(2) Provisions of law specified.--The provisions of law
specified in this paragraph are--
``(A) the United Nations Participation Act of 1945
(22 U.S.C. 287 et seq.);
``(B) section 212(f) of the Immigration and
Nationality Act (8 U.S.C. 1182(f)); or
``(C) any provision of law that authorizes the
implementation, imposition, or enforcement of economic
sanctions with respect to a foreign country.
``(c) Effect of Additional Powers and Authorities.--Subsection (a)
shall not apply to a national emergency or the exercise of emergency
powers and authorities pursuant to the national emergency if, in
addition to the exercise of emergency powers and authorities described
in subsection (b), the President proposes to exercise, pursuant to the
national emergency, any emergency powers and authorities under any
other provision of law.''.
(b) Reporting Requirements.--Section 401 of the National
Emergencies Act (50 U.S.C. 1641) is amended by adding at the end the
following:
``(d) Report on Emergencies.--The President shall transmit to
Congress, with any proclamation declaring a national emergency under
section 201(a) or any Executive order specifying emergency powers or
authorities under section 201(b)(2) or renewing a national emergency
under section 202(b), a report, in writing, that includes the
following:
``(1) A description of the circumstances necessitating the
declaration of a national emergency, the renewal of such an
emergency, or the use of a new emergency power or authority
specified in the Executive order, as the case may be.
``(2) The estimated duration of the national emergency, or
a statement that the duration of the national emergency cannot
reasonably be estimated at the time of transmission of the
report.
``(3) A summary of the actions the President or other
officers intend to take, including any reprogramming or
transfer of funds and any contracts anticipated to be entered
into, and the statutory authorities the President and such
officers expect to rely on in addressing the national
emergency.
``(4) In the case of a renewal of a national emergency, a
summary of the actions the President or other officers have
taken in the preceding one-year period, including any
reprogramming or transfer of funds, to address the emergency.
``(e) Provision of Information to Congress.--The President shall
provide to Congress such other information as Congress may request in
connection with any national emergency in effect under title II.
``(f) Periodic Reports on Status of Emergencies.--If the President
declares a national emergency under section 201(a), the President
shall, not less frequently than every 90 days for the duration of the
emergency, report to Congress on the status of the emergency and the
actions the President or other officers have taken and authorities the
President and such officers have relied on in addressing the
emergency.''.
(c) Exclusion of Imposition of Duties and Import Quotas From
Presidential Authorities Under International Emergency Economic Powers
Act.--Section 203 of the International Emergency Economic Powers Act
(50 U.S.C. 1702) is amended--
(1) by redesignating subsection (c) as subsection (d); and
(2) by inserting after subsection (b) the following:
``(c)(1) The authority granted to the President by this section
does not include the authority to impose duties or tariff-rate quotas
or (subject to paragraph (2)) other quotas on articles entering the
United States.
``(2) The limitation under paragraph (1) does not prohibit the
President from excluding all articles imported from a country from
entering the United States.''.
(d) Conforming Amendments.--
(1) National emergencies act.--Title III of the National
Emergencies Act (50 U.S.C. 1631) is repealed.
(2) International emergency economic powers act.--Section
207 of the International Emergency Economic Powers Act (50
U.S.C. 1706) is amended by adding at the end the following:
``(c) In this section, the term `National Emergencies Act' means
the National Emergencies Act, as in effect on the day before the date
of the enactment of the Congressional Power of the Purse Act.''.
(e) Effective Date; Applicability.--
(1) In general.--Except as provided in paragraph (2), this
section and the amendments made by this section shall take
effect on the date of the enactment of this Act and apply with
respect to national emergencies declared under section 201 of
the National Emergencies Act on or after that date.
(2) Applicability to renewals of existing emergencies.--
When a national emergency declared under section 201 of the
National Emergencies Act before the date of the enactment of
this Act would expire or be renewed under section 202(d) of
that Act (as in effect on the day before such date of
enactment), that national emergency shall be subject to the
requirements for renewal under section 202(b) of that Act, as
amended by subsection (a).
SEC. 532. NATIONAL EMERGENCIES ACT DECLARATION SPENDING REPORTING IN
THE PRESIDENT'S BUDGET.
Section 1105(a) of title 31, United States Code, as amended by
section 514, is further amended by adding at the end the following:
``(44)(A) a report on the proposed, planned, and actual
obligations and expenditures of funds (for the prior fiscal
year, the current fiscal year, and the fiscal years for which
the budget is submitted) attributable to the exercise of powers
and authorities made available by statute for each national
emergency declared by the President, currently active or in
effect during the applicable fiscal years.
``(B) Obligations and expenditures contained in the report
under subparagraph (A) shall be organized by Treasury
Appropriation Fund Symbol or fund account and by program,
project, and activity, and include--
``(i) a description of each such program, project,
and activity;
``(ii) the authorities under which such funding
actions are taken; and
``(iii) the purpose and progress of such
obligations and expenditures toward addressing the
applicable national emergency.
``(C) Such report shall include, with respect to any
transfer, reprogramming, or repurposing of funds to address the
applicable national emergency--
``(i) the amount of such transfer, reprogramming,
or repurposing;
``(ii) the authority authorizing each such
transfer, reprogramming, or repurposing; and
``(iii) a description of programs, projects, and
activities affected by such transfer, reprogramming, or
repurposing, including by a reduction in funding.''.
SEC. 533. DISCLOSURE TO CONGRESS OF PRESIDENTIAL EMERGENCY ACTION
DOCUMENTS.
(a) In General.--Not later than 30 days after the conclusion of the
process for approval, adoption, or revision of any presidential
emergency action document, the President shall submit that document to
the appropriate congressional committees.
(b) Documents in Existence Before Date of Enactment.--Not later
than 15 days after the date of the enactment of this Act, the President
shall submit to the appropriate congressional committees all
presidential emergency action documents in existence before such date
of enactment.
(c) Definitions.--In this section:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'', with respect to a
presidential emergency action document submitted under
subsection (a) or (b), means--
(A) the Committee on Homeland Security and
Governmental Affairs, the Committee on the Judiciary,
and the Select Committee on Intelligence of the Senate;
(B) the Committee on Oversight and Accountability,
the Committee on the Judiciary, and the Permanent
Select Committee on Intelligence of the House of
Representatives; and
(C) any other committee of the Senate or the House
of Representatives with jurisdiction over the subject
matter addressed in the presidential emergency action
document.
(2) Presidential emergency action document.--The term
``presidential emergency action document'' refers to--
(A) each of the approximately 56 documents
described as presidential emergency action documents in
the budget justification materials for the Office of
Legal Counsel of the Department of Justice submitted to
Congress in support of the budget of the President for
fiscal year 2018; and
(B) any other pre-coordinated legal document in
existence before, on, or after the date of the
enactment of this Act, that--
(i) is designated as a presidential
emergency action document; or
(ii) is designed to implement a
presidential decision or transmit a
presidential request when an emergency disrupts
normal governmental or legislative processes.
SEC. 534. CONGRESSIONAL DESIGNATIONS.
Section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit
Control Act of 1985 (2 U.S.C. 901(b)(2)(A)) is amended--
(1) in clause (i), by striking ``and the President
subsequently so designates''; and
(2) in clause (ii), by striking ``and the President
subsequently so designates''.
TITLE VI--SECURITY FROM POLITICAL INTERFERENCE IN JUSTICE
SEC. 601. SHORT TITLE.
This title may be cited as the ``Security From Political
Interference in Justice Act of 2023''.
SEC. 602. DEFINITIONS.
In this title:
(1) Communications log.--The term ``communications log''
means the log required to be maintained under section 603(a).
(2) Covered communication.--
(A) In general.--The term ``covered communication''
means any communication relating to any contemplated or
ongoing investigation or litigation conducted by the
Department of Justice in any civil or criminal matter
(regardless of whether a civil action or criminal
indictment or information has been filed); and
(B) Exceptions.--The term ``covered communication''
does not include a communication that is any of the
following:
(i) A communication that involves contact
between the President, the Vice President, the
Counsel to the President, or the Principal
Deputy Counsel to the President, and the
Attorney General, the Deputy Attorney General,
or the Associate Attorney General, except to
the extent that the communication concerns a
contemplated or ongoing investigation or
litigation in which a target or subject is one
of the following:
(I) The President, the Vice
President, or a member of the immediate
family of the President or Vice
President.
(II) Any individual working in the
Executive Office of the President who
is compensated at a rate of pay at or
above level II of the Executive
Schedule under section 5313 of title 5,
United States Code.
(III) The current or former chair
or treasurer of any national campaign
committee that sought the election or
seeks the reelection of the President,
or any officer of such a committee
exercising authority at the national
level, during the tenure in office of
the President.
(ii) A communication that involves contact
between an officer or employee of the
Department of Justice and an officer or
employee of the Executive Office of the
President on a particular matter, if any of the
President, the Vice President, the Counsel to
the President, or the Principal Deputy Counsel
to the President, and if any of the Attorney
General, the Deputy Attorney General, or the
Associate Attorney General, have designated a
subordinate to carry on such contact, and the
person so designating monitors all subsequent
communications and the person designated keeps
the designating person informed of each such
communication, except to the extent that the
communication concerns a contemplated or
ongoing investigation or litigation in which a
target or subject is one of the following:
(I) The President, the Vice
President, or a member of the immediate
family of the President or Vice
President.
(II) Any individual working in the
Executive Office of the President who
is compensated at a rate of pay at or
above level II of the Executive
Schedule under section 5313 of title 5,
United States Code.
(III) The current or former chair
or treasurer of any national campaign
committee that sought the election or
seeks the reelection of the President,
or any officer of such a committee
exercising authority at the national
level, during the tenure in office of
the President.
(iii) A communication that involves contact
from or to the Deputy Counsel to the President
for National Security Affairs, the staff of the
National Security Council, or the staff of the
Homeland Security Council that relates to a
national security matter, except to the extent
that the communication concerns a pending civil
or criminal action that may have national
security implications.
(iv) A communication that involves contact
between the Office of the Pardon Attorney of
the Department of Justice and the Counsel to
the President or a Deputy Counsel to the
President relating to pardon matters.
(v) A communication that relates solely to
policy, appointments, legislation, rulemaking,
budgets, public relations or affairs,
programmatic matters, intergovernmental
relations, administrative or personnel matters,
appellate litigation, or requests for legal
advice.
(3) Immediate family of the president or vice president.--
The term ``immediate family of the President or Vice
President'' means the persons to whom the President or Vice
President--
(A) is related by blood, marriage, or adoption; or
(B) stands in loco parentis.
SEC. 603. COMMUNICATIONS LOGS.
(a) In General.--The Attorney General shall maintain a log of
covered communications.
(b) Contents.--A communications log shall include, with respect to
a covered communication--
(1) the name and title of each officer or employee of the
Department of Justice or the Executive Office of the President
who participated in the covered communication;
(2) the topic of the covered communication; and
(3) a statement describing the purpose and necessity of the
covered communication.
(c) Oversight.--
(1) Periodic disclosure of logs.--Not later than January
30, April 30, July 30, and October 30 of each year, the
Attorney General shall submit to the Office of the Inspector
General of the Department of Justice a report containing the
communications log for the 3-month period preceding that
January, April, July, or October.
(2) Notice of inappropriate or improper communications.--
The Office of the Inspector General of the Department of
Justice shall--
(A) review each communications log received under
paragraph (1); and
(B) notify the Committee on the Judiciary of the
Senate and the Committee on the Judiciary of the House
of Representatives if the Inspector General determines
that a covered communication described in the
communications log--
(i) is inappropriate from a law enforcement
perspective; or
(ii) raises concerns about improper
political interference.
(d) Rule of Construction.--Nothing in this section may be construed
to limit the valid written assertion by the President of presidential
communications privilege with regard to any material required to be
submitted under this section.
SEC. 604. RULE OF CONSTRUCTION.
Nothing in this title may be construed to affect any requirement to
report pursuant to title I of this Act or the amendments made by that
title.
TITLE VII--PROTECTING WHISTLEBLOWERS
Subtitle A--Whistleblower Protection Improvement
SEC. 701. SHORT TITLE.
This title may be cited as the ``Whistleblower Protection
Improvement Act of 2023''.
SEC. 702. ADDITIONAL WHISTLEBLOWER PROTECTIONS.
(a) Investigations as Personnel Actions.--
(1) In general.--Section 2302(a)(2)(A) of title 5, United
States Code, is amended--
(A) in clause (xi), by striking ``and'' at the end;
(B) by redesignating clause (xii) as clause (xiii);
and
(C) by inserting after the clause (xi) the
following:
``(xii) for purposes of subsection (b)(8)--
``(I) the commencement, expansion,
or extension of an investigation, but
not including any investigation that is
ministerial or nondiscretionary
(including a ministerial or
nondiscretionary investigation
described in section 1213) or any
investigation that is conducted by an
Inspector General of an entity of the
Government of an employee not employed
by the office of that Inspector
General; and
``(II) a referral to an Inspector
General of an entity of the Government,
except for a referral that is
ministerial or nondiscretionary; and''.
(2) Application.--The amendment made by paragraph (1) shall
apply to any investigation commenced, expanded, or extended, or
to any referral made, as described in clause (xii) of section
2302(a)(2)(A) of title 5, United States Code, as amended by
such paragraph, on or after the date of enactment of this Act.
(b) Right To Petition Congress.--
(1) In general.--Section 2302(b)(9) of title 5, United
States Code, is amended--
(A) in subparagraph (C), by striking ``or'' at the
end;
(B) in subparagraph (D), by adding ``or'' after the
semicolon at the end; and
(C) by adding at the end the following:
``(E) the exercise of any right protected under
section 7211;''.
(2) Application.--The amendment made by paragraph (1) shall
apply to the exercise of any right described in subparagraph
(E) of section 2302(b)(9) of title 5, United States Code, as
added by that paragraph, occurring on or after the date of
enactment of this Act.
(c) Prohibition on Disclosure of Whistleblower Identity.--
(1) In general.--Section 2302 of title 5, United States
Code, is amended by adding at the end the following:
``(g)(1) No employee of an agency may willfully communicate or
transmit to any individual who is not an officer or employee of the
Government the identity of, or personally identifiable information
about, any other employee because that other employee has made, or is
suspected to have made, a disclosure protected by subsection (b)(8),
unless--
``(A) the other employee provides express written consent
prior to the communication or transmission of their identity or
personally identifiable information;
``(B) the communication or transmission is made in
accordance with the provisions of section 552a;
``(C) the communication or transmission is made to a lawyer
for the sole purpose of providing legal advice to an employee
accused of whistleblower retaliation; or
``(D) the communication or transmission is required or
permitted by any other provision of law.
``(2) In this subsection, the term `officer or employee of the
Government' means--
``(A) the President;
``(B) a Member of Congress;
``(C) a member of the uniformed services;
``(D) an employee, as that term is defined in section 2105,
including an employee of the United States Postal Service, the
Postal Regulatory Commission, or the Department of Veterans
Affairs (including any employee appointed pursuant to chapter
73 or 74 of title 38); and
``(E) any other officer or employee in any branch of the
Government of the United States.''.
(2) Application.--The amendment made by paragraph (1) shall
apply to any transmission or communication described in
subsection (g) of section 2302 of title 5, United States Code,
as added by paragraph (1), made on or after the date of
enactment of this Act.
(d) Right To Petition Congress.--
(1) In general.--Section 7211 of title 5, United States
Code, is amended to read as follows:
``Sec. 7211. Employees' right to petition or furnish information or
respond to Congress
``(a) In General.--Each officer or employee of the Federal
Government, individually or collectively, has a right to--
``(1) petition Congress or a Member of Congress;
``(2) furnish information, documents, or testimony to
either House of Congress, any Member of Congress, or any
committee or subcommittee of Congress; or
``(3) respond to any request for information, documents, or
testimony from either House of Congress or any Committee or
subcommittee of Congress.
``(b) Prohibited Actions.--No officer or employee of the Federal
Government may interfere with or deny the right set forth in subsection
(a), including by--
``(1) prohibiting or preventing, or attempting or
threatening to prohibit or prevent, any other officer or
employee of the Federal Government from engaging in activity
protected under subsection (a); or
``(2) removing, suspending from duty without pay, demoting,
reducing in rank, seniority, status, pay, or performance or
efficiency rating, denying promotion to, relocating,
reassigning, transferring, disciplining, or discriminating in
regard to any employment right, entitlement, or benefit, or any
term or condition of employment of, any other officer or
employee of the Federal Government, or attempting or
threatening to commit any of the foregoing actions, because the
other officer or employee engaged in activity protected under
subsection (a).
``(c) Application.--This section shall not be construed to
authorize disclosure of any information that is--
``(1) specifically prohibited from disclosure by any other
provision of Federal law; or
``(2) specifically required by Executive order to be kept
secret in the interest of national defense or the conduct of
foreign affairs, unless disclosure is otherwise authorized by
law.
``(d) Definition of Officer or Employee of the Federal
Government.--For purposes of this section, the term `officer or
employee of the Federal Government' includes--
``(1) the President;
``(2) a Member of Congress;
``(3) a member of the uniformed services;
``(4) an employee (as that term is defined in section
2105);
``(5) an employee of the United States Postal Service or
the Postal Regulatory Commission; and
``(6) an employee appointed under chapter 73 or 74 of title
38.''.
(2) Clerical amendment.--The table of sections for
subchapter II of chapter 72 of title 5, United States Code, is
amended by striking the item related to section 7211 and
inserting the following:
``7211. Employees' right to petition or furnish information or respond
to Congress.''.
SEC. 703. ENHANCEMENT OF WHISTLEBLOWER PROTECTIONS.
(a) Disclosures Relating to Officers or Employees of an Office of
Inspector General.--Section 1213(c) of title 5, United States Code, is
amended by adding at the end the following:
``(3) If the information transmitted under this subsection
disclosed a violation of law, rule, or regulation, or gross waste,
gross mismanagement, abuse of authority, or a substantial and specific
danger to public health or safety, by any officer or employee of an
Office of Inspector General, the Special Counsel may refer the matter
to the Council of the Inspectors General on Integrity and Efficiency,
which shall comply with the standards and procedures applicable to
investigations and reports under this subsection.''.
(b) Retaliatory Referrals to Inspectors General.--Section 1214(d)
of title 5, United States Code, is amended by adding at the end the
following:
``(3) In any case in which the Special Counsel determines that a
referral to an Inspector General of an entity of the Federal Government
was in retaliation for a disclosure or protected activity described in
section 2302(b)(8) or in retaliation for exercising a right described
in section 2302(b)(9)(A)(i), the Special Counsel shall transmit that
finding in writing to the Inspector General within 7 days of making the
finding. The Inspector General shall consider that finding and make a
determination on whether to initiate an investigation or continue an
investigation based on the referral that the Special Counsel found to
be retaliatory.''.
(c) Ensuring Timely Relief.--
(1) Individual right of action.--Section 1221 of title 5,
United States Code, is amended by striking ``section 2302(b)(8)
or section 2302(b)(9)(A)(i), (B), (C), or (D),'' each place it
appears and inserting ``section 2302(b)(8), section
2302(b)(9)(A)(i), (B), (C), (D), or (E), section 2302(b)(13),
or section 2302(g),''.
(2) Stays.--Section 1221(c)(2) of title 5, United States
Code, is amended to read as follows:
``(2) Any stay requested under paragraph (1) shall be granted
within 10 calendar days (excluding Saturdays, Sundays, and legal
holidays) after the date the request is made, if the Board--
``(A) determines that there is a substantial likelihood
that protected activity was a contributing factor to the
personnel action involved; or
``(B) otherwise determines that such a stay would be
appropriate.''.
(3) Appeal of stay.--Section 1221(c) of title 5, United
States Code, is amended by adding at the end the following:
``(4) If any stay requested under paragraph (1) is denied, the
employee, former employee, or applicant for employment may, within 7
days after receiving notice of the denial, file an appeal for expedited
review by the Board. The agency shall have 7 days thereafter to
respond. The Board shall provide a decision not later than 21 days
after receiving the appeal. During the period of appeal, both parties
may supplement the record with information unavailable to them at the
time the stay was first requested.''.
(4) Access to district court; jury trials.--
(A) In general.--Section 1221(i) of title 5, United
States Code, is amended--
(i) by striking ``(i) Subsections'' and
inserting ``(i)(1) Subsections''; and
(ii) by adding at the end the following:
``(2)(A) If, in the case of an employee, former employee, or
applicant for employment who seeks corrective action from the Merit
Systems Protection Board based on an alleged prohibited personnel
practice described in section 2302(b)(8), section 2302(b)(9)(A)(i),
(B), (C), (D), or (E), section 2302(b)(13), or section 2302(g), no
final order or decision is issued by the Board within 180 days after
the date on which a request for such corrective action has been duly
submitted to the Board, such employee, former employee, or applicant
may, after providing written notice to the Special Counsel and the
Board and only within 20 days after providing such notice, bring an
action for review de novo before the appropriate United States district
court, and such action shall, at the request of either party to such
action, be tried before a jury. Upon filing of an action with the
appropriate United States district court, any proceedings before the
Board shall cease and the employee, former employee, or applicant for
employment waives any right to refile with the Board.
``(B) If the Board certifies (in writing) to the parties of a case
that the complexity of such case requires a longer period of review,
subparagraph (A) shall be applied by substituting `240 days' for `180
days'.
``(C) In any such action brought before a United States district
court under subparagraph (A), the court--
``(i) shall apply the standards set forth in subsection
(e); and
``(ii) may award any relief that the court considers
appropriate, including any relief described in subsection
(g).''.
(B) Application.--
(i) In general.--The amendments made by
subparagraph (A) shall apply to any corrective
action duly submitted to the Merit Systems
Protection Board, during the 5-year period
preceding the date of enactment of this Act, by
an employee, former employee, or applicant for
employment based on an alleged prohibited
personnel practice described in section
2302(b)(8), 2302(b)(9)(A)(i), (B), (C), or (D),
or 2302(b)(13) of title 5, United States Code,
with respect to which no final order or
decision has been issued by the Board.
(ii) Limitation.--In the case of an
individual described in clause (i) whose duly
submitted claim to the Merit Systems Protection
Board was made not later than 180 days before
the date of enactment of this Act, such
individual may only bring an action before a
United States district court as described in
paragraph (2) of section 1221(i) of title 5,
United States Code, (as added by subparagraph
(A)) if that individual--
(I) provides written notice to the
Office of Special Counsel and the Merit
Systems Protection Board not later than
90 days after the date of enactment of
this Act; and
(II) brings such action not later
than 20 days after providing such
notice.
(d) Recipients of Whistleblower Disclosures.--Section 2302(b)(8)(B)
of title 5, United States Code, is amended by striking ``or to the
Inspector General of an agency or another employee designated by the
head of the agency to receive such disclosures'' and inserting ``the
Inspector General of an agency, a supervisor in the employee's direct
chain of command up to and including the head of the employing agency,
or to an employee designated by any of the aforementioned individuals
for the purpose of receiving such disclosures''.
(e) Attorney Fees.--
(1) In general.--Section 7703(a) of title 5, United States
Code, is amended by adding at the end the following:
``(3) If an employee, former employee, or applicant for
employment is the prevailing party under a proceeding brought
under this section, the employee, former employee, or applicant
for employment shall be entitled to attorney fees for all
representation carried out pursuant to this section. In such an
action for attorney fees, the agency responsible for taking the
personnel action shall be the respondent and shall be
responsible for paying the fees.''.
(2) Application.--In addition to any proceeding brought by
an employee, former employee, or applicant for employment on or
after the date of enactment of this Act in a Federal court
under section 7703 of title 5, United States Code, the
amendment made by paragraph (1) shall apply to any proceeding
brought by an employee, former employee, or applicant for
employment under such section before the date of enactment of
this Act with respect to which the applicable Federal court has
not issued a final decision.
(f) Extending Whistleblower Protection Act to Certain Employees.--
(1) In general.--Section 2302(a)(2)(A) of title 5, United
States Code, is amended, in the matter following clause (xiii),
as redesignated by section 702(a)(1)(B)--
(A) by inserting ``subsection (b)(9)(A)(i), (B),
(C), (D), or (E), subsection (b)(13), or subsection
(g),'' after ``subsection (b)(8),''; and
(B) by inserting after ``title 31'' the following:
``, a fellow or intern at an agency, a commissioned
officer or applicant for employment in the Public
Health Service, an officer or applicant for employment
in the commissioned officer corps of the National
Oceanic and Atmospheric Administration, or a noncareer
appointee in the Senior Executive Service''.
(2) Conforming amendments.--Section 261 of the National
Oceanic and Atmospheric Administration Commissioned Officer
Corps Act of 2002 (33 U.S.C. 3071) is amended--
(A) in subsection (a)--
(i) by striking paragraph (8); and
(ii) by redesignating paragraphs (9)
through (26) as paragraphs (8) through (25),
respectively; and
(B) in subsection (b), by striking the second
sentence.
(3) Application.--
(A) In general.--With respect to an officer or
applicant for employment in the commissioned officer
corps of the National Oceanic and Atmospheric
Administration, the amendments made by paragraphs (1)
and (2) shall apply to any personnel action taken
against such officer or applicant on or after December
23, 2020, for making any disclosure protected under
section 2302(b)(8) of title 5, United States Code.
(B) Exception.--Subparagraph (A) shall not apply to
any personnel action with respect to which an
allegation has been submitted pursuant to section 1034
of title 10, United States Code, and a final decision
has been made regarding such allegation under
subsection (h) of such section.
(C) Definitions.--In this paragraph, the terms
``disclosure'' and ``personnel action'' have the
meanings given those terms in section 2302(a) of title
5, United States Code.
(g) Relief.--
(1) In general.--Section 7701(b)(2)(A) of title 5, United
States Code, is amended, in the matter preceding clause (i), by
striking ``upon the making of the decision'' and inserting
``upon the making of the decision, necessary to make the
employee whole as if there had been no prohibited personnel
practice, including training, seniority, and promotions
consistent with the employee's prior record''.
(2) Application.--In addition to any appeal made on or
after the date of enactment of this Act to the Merit Systems
Protection Board under section 7701 of title 5, United States
Code, the amendment made by paragraph (1) shall apply to any
appeal made under such section before the date of enactment of
this Act with respect to which the Board has not issued a final
decision.
SEC. 704. CLASSIFYING CERTAIN FURLOUGHS AS ADVERSE PERSONNEL ACTIONS.
(a) In General.--Section 7512 of title 5, United States Code, is
amended--
(1) in paragraph (4), by striking ``and'' at the end; and
(2) by striking paragraph (5) and inserting the following:
``(5) a furlough of more than 14 days but less than 30
days; and
``(6) a furlough of 13 days or less that is not due to a
lapse in appropriations;''.
(b) Application.--The amendment made by subsection (a) shall apply
to any furlough covered by paragraph (5) or (6) of section 7512 of
title 5, United States Code (as amended by such subsection), occurring
on or after the date of enactment of this Act.
SEC. 705. CODIFICATION OF PROTECTIONS FOR DISCLOSURES OF CENSORSHIP
RELATED TO RESEARCH, ANALYSIS, OR TECHNICAL INFORMATION.
(a) In General.--Section 2302 of title 5, United States Code, as
amended by section 702(c)(1), is further amended by adding at the end
the following:
``(h)(1) In this subsection--
``(A) the term `applicant' means an applicant for a covered
position;
``(B) the term `censorship related to research, analysis,
or technical information' means any effort to distort,
misrepresent, or suppress research, analysis, or technical
information; and
``(C) the term `employee' means an employee in a covered
position in an agency.
``(2) Any disclosure of information by an employee or applicant for
employment that the employee or applicant reasonably believes is
evidence of censorship related to research, analysis, or technical
information--
``(A) shall come within the protections of subsection
(b)(8)(A) if--
``(i) the employee or applicant reasonably believes
that the censorship related to research, analysis, or
technical information is or will cause--
``(I) any violation of law, rule, or
regulation; or
``(II) gross mismanagement, a gross waste
of funds, an abuse of authority, or a
substantial and specific danger to public
health or safety; and
``(ii) such disclosure is not specifically
prohibited by law or such information is not
specifically required by Executive order to be kept
classified in the interest of national defense or the
conduct of foreign affairs; and
``(B) shall come within the protections of subsection
(b)(8)(B) if--
``(i) the employee or applicant reasonably believes
that the censorship related to research, analysis, or
technical information is or will cause--
``(I) any violation of law, rule, or
regulation; or
``(II) gross mismanagement, a gross waste
of funds, an abuse of authority, or a
substantial and specific danger to public
health or safety; and
``(ii) the disclosure is made to the Special
Counsel, or to the Inspector General of an agency or
another person designated by the head of the agency to
receive such disclosures, consistent with the
protection of sources and methods.
``(3) A disclosure shall not be excluded from paragraph (2) for any
reason described in paragraph (1) or (2) of subsection (f).
``(4) Nothing in this subsection shall be construed to imply any
limitation on the protections of employees and applicants afforded by
any other provision of law, including protections with respect to any
disclosure of information believed to be evidence of censorship related
to research, analysis, or technical information.''.
(b) Repeal.--
(1) In general.--Section 110 of the Whistleblower
Protection Enhancement Act of 2012 (5 U.S.C. 2302 note) is
hereby repealed.
(2) Rule of construction.--Nothing in this section shall be
construed to limit or otherwise affect any action under section
110 of the Whistleblower Protection Enhancement Act of 2012 (5
U.S.C. 2302 note) commenced before the date of enactment of
this Act or any protections afforded by such section with
respect to such action.
SEC. 706. TITLE 5 TECHNICAL AND CONFORMING AMENDMENTS.
Title 5, United States Code, is amended--
(1) in section 1212(h), by striking ``or (9)'' each place
it appears and inserting ``, (b)(9), (b)(13), or (g)'';
(2) in section 1214--
(A) in subsections (a) and (b), by striking
``section 2302(b)(8) or section 2302(b)(9)(A)(i), (B),
(C), or (D)'' each place it appears and inserting
``section 2302(b)(8), section 2302(b)(9)(A)(i), (B),
(C), (D), or (E), section 2302(b)(13), or section
2302(g)''; and
(B) in subsection (i), by striking ``section
2302(b)(8) or subparagraph (A)(i), (B), (C), or (D) of
section 2302(b)(9)'' and inserting ``section
2302(b)(8), subparagraph (A)(i), (B), (C), (D), or (E)
of section 2302(b)(9), section 2302(b)(13), or section
2302(g)'';
(3) in section 1215(a)(3)(B), by striking ``section
2302(b)(8), or 2302(b)(9)(A)(i), (B), (C), or (D)'' each place
it appears and inserting ``section 2302(b)(8), section
2302(b)(9)(A)(i), (B), (C), (D), or (E), section 2302(b)(13),
or section 2302(g)'';
(4) in section 2302--
(A) in subsection (a)--
(i) in paragraph (1), by inserting ``or
(g)'' after ``subsection (b)''; and
(ii) in paragraph (2)(C)(i), by striking
``subsection (b)(8) or section
2302(b)(9)(A)(i), (B), (C), or (D)'' and
inserting ``subsection (b)(8), (b)(9)(A)(i),
(B), (C), (D), or (E), (b)(13), or (g)''; and
(B) in subsection (c)(1)(B), by striking
``paragraph (8) or subparagraph (A)(i), (B), (C), or
(D) of paragraph (9) of subsection (b)'' and inserting
``subsection (b)(8), subparagraph (A)(i), (B), (C), or
(D) of subsection (b)(9), subsection (b)(13), or
subsection (g)'';
(5) in section 7515(a)(2), by striking ``paragraph (8),
(9), or (14) of section 2302(b)'' and inserting ``paragraph
(8), (9), (13), or (14) of section 2302(b) or section
2302(g)'';
(6) in section 7701(c)(2)(B), by striking ``section
2302(b)'' and inserting ``subsection (b) or (g) of section
2302''; and
(7) in section 7703(b)(1)(B), by striking ``section
2302(b)(8), or 2302(b)(9)(A)(i), (B), (C), or (D)'' and
inserting ``section 2302(b)(8), section 2302(b)(9)(A)(i), (B),
(C), (D), or (E), section 2302(b)(13), or section 2302(g)''.
Subtitle B--Whistleblowers of the Intelligence Community
SEC. 711. LIMITATION ON SHARING OF INTELLIGENCE COMMUNITY WHISTLEBLOWER
COMPLAINTS WITH PERSONS NAMED IN SUCH COMPLAINTS.
(a) In General.--The National Security Act of 1947 (50 U.S.C. 3001
et seq.) is amended by adding at the end the following new title:
``TITLE XII--MATTERS REGARDING INSPECTORS GENERAL OF ELEMENTS OF THE
INTELLIGENCE COMMUNITY
``SEC. 1202. LIMITATION ON SHARING OF INTELLIGENCE COMMUNITY
WHISTLEBLOWER COMPLAINTS WITH PERSONS NAMED IN SUCH
COMPLAINTS.
``(a) Whistleblower Disclosure Information Defined.--In this
section, the term `whistleblower disclosure information' means, with
respect to a whistleblower disclosure--
``(1) the disclosure;
``(2) confirmation of the fact of the existence of the
disclosure; or
``(3) the identity, or other identifying information, of
the whistleblower who made the disclosure.
``(b) In General.--It shall be unlawful for any employee or officer
of the Federal Government to knowingly and willfully share any
whistleblower disclosure information with any individual named as a
subject of the whistleblower disclosure and alleged in the disclosure
to have engaged in misconduct, unless--
``(1) the whistleblower consented, in writing, to such
sharing before the sharing occurs;
``(2) a covered Inspector General to whom such disclosure
is made--
``(A) determines that such sharing is necessary to
advance an investigation, audit, inspection, review, or
evaluation by the Inspector General; and
``(B) notifies the whistleblower of such sharing
before the sharing occurs; or
``(3) an attorney for the Federal Government--
``(A) determines that such sharing is necessary to
advance an investigation by the attorney; and
``(B) notifies the whistleblower of such sharing
before the sharing occurs.''.
(b) Technical and Clerical Amendments.--
(1) Transfer.--The National Security Act of 1947 (50 U.S.C.
3001 et seq.) is amended as follows:
(A) Section 1104 (50 U.S.C. 3234) is--
(i) transferred to title XII of such Act,
as added by subsection (a);
(ii) inserted before section 1202 of such
Act, as added by such subsection; and
(iii) redesignated as section 1201.
(B) Section 1106 (50 U.S.C. 3236) is--
(i) amended by striking ``section 1104''
each place it appears and inserting ``section
1201'';
(ii) transferred to title XII of such Act,
as added by subsection (a);
(iii) inserted after section 1202 of such
Act, as added by such subsection; and
(iv) redesignated as section 1203.
(2) Clerical amendments.--The table of sections at the
beginning of the National Security Act of 1947 is amended--
(A) by striking the items relating to section 1104
and section 1106; and
(B) by adding after the items relating to title XI
the end the following new items:
``TITLE XII--MATTERS REGARDING INSPECTORS GENERAL OF ELEMENTS OF THE
INTELLIGENCE COMMUNITY
``Sec. 1201. Prohibited personnel practices in the intelligence
community.
``Sec. 1202. Limitation on sharing of intelligence community
whistleblower complaints with persons named
in such complaints.
``Sec. 1203. Inspector general external review panel.''.
(c) Definitions.--Section 3 of such Act (50 U.S.C. 3003) is amended
by adding at the end the following new paragraphs:
``(8) The term `covered Inspector General' means each of
the following:
``(A) The Inspector General of the Intelligence
Community.
``(B) The Inspector General of the Central
Intelligence Agency.
``(C) The Inspector General of the Defense
Intelligence Agency.
``(D) The Inspector General of the National
Reconnaissance Office.
``(E) The Inspector General of the National
Geospatial-Intelligence Agency.
``(F) The Inspector General of the National
Security Agency.
``(9) The term `whistleblower' means a person who makes a
whistleblower disclosure.
``(10) The term `whistleblower disclosure' means a
disclosure that is protected under section 1201 of this Act or
section 3001(j)(1) of the Intelligence Reform and Terrorism
Prevention Act of 2004 (50 U.S.C. 3341(j)).''.
(d) Conforming Amendment.--Section 5331 of the Damon Paul Nelson
and Matthew Young Pollard Intelligence Authorization Act for Fiscal
Years 2018, 2019, and 2020 (division E of Public Law 116-92; 50 U.S.C.
3033 note) is amended by striking ``section 1104 of the National
Security Act of 1947 (50 U.S.C. 3234)'' and inserting ``section 1201 of
the National Security Act of 1947''.
SEC. 712. DISCLOSURES TO CONGRESS.
(a) In General.--Title XII of the National Security Act of 1947, as
added by section 711, is further amended by inserting after section
1203, as designated by section 711(b), the following new section:
``SEC. 1204. PROCEDURES REGARDING DISCLOSURES TO CONGRESS.
``(a) Guidance.--
``(1) Obligation to provide security direction upon
request.--Upon the request of a whistleblower, the head of the
relevant element of the intelligence community, acting through
the covered Inspector General for that element, shall furnish
on a confidential basis to the whistleblower information
regarding how the whistleblower may directly contact the
congressional intelligence committees, in accordance with
appropriate security practices, regarding a complaint or
information of the whistleblower pursuant to section
103H(k)(5)(D) or other appropriate provision of law.
``(2) Nondisclosure.--Unless a whistleblower who makes a
request under paragraph (1) provides prior consent, a covered
Inspector General may not disclose to the head of the relevant
element of the intelligence community--
``(A) the identity of the whistleblower; or
``(B) the element at which such whistleblower is
employed, detailed, or assigned as a contractor
employee.
``(b) Oversight of Obligation.--If a covered Inspector General
determines that the head of an element of the intelligence community
denied a request by a whistleblower under subsection (a), directed the
whistleblower not to contact the congressional intelligence committees,
or unreasonably delayed in providing information under such subsection,
the covered Inspector General shall notify the congressional
intelligence committees of such denial, direction, or unreasonable
delay.
``(c) Permanent Security Officer.--The head of each element of the
intelligence community may designate a permanent security officer in
the element to provide to whistleblowers the information under
subsection (a).''.
(b) Clerical Amendment.--The table of sections at the beginning of
the National Security Act of 1947 is amended by inserting after the
item relating to section 1203, as added by section 711(b)(2), the
following new item:
``Sec. 1204. Procedures regarding disclosures to Congress.''.
(c) Conforming Amendment.--Section 103H(k)(5)(D)(i) of the National
Security Act of 1947 (50 U.S.C. 3033(k)(5)(D)(i)) is amended by adding
at the end the following: ``The employee may request information
pursuant to section 1204 with respect to contacting such committees.''.
SEC. 713. PROHIBITION AGAINST DISCLOSURE OF WHISTLEBLOWER IDENTITY AS
REPRISAL AGAINST WHISTLEBLOWER DISCLOSURE BY EMPLOYEES
AND CONTRACTORS IN INTELLIGENCE COMMUNITY.
(a) In General.--Paragraph (3) of subsection (a) of section 1201 of
the National Security Act of 1947, as designated by section
711(b)(1)(A), is amended--
(1) in subparagraph (I), by striking ``; or'' and inserting
a semicolon;
(2) by redesignating subparagraph (J) as subparagraph (K);
and
(3) by inserting after subparagraph (I) the following new
subparagraph:
``(J) a knowing and willful disclosure revealing
the identity or other personally identifiable
information of such employee or such contractor
employee without the express written consent of such
employee or such contractor employee or if the
Inspector General determines such disclosure is
necessary for the exclusive purpose of investigating a
complaint or information received under section 416 of
title 5, United States Code; or''.
(b) Applicability to Detailees.--Such subsection is amended by
adding at the end the following new paragraph:
``(5) Employee.--The term `employee', with respect to an
agency or a covered intelligence community element, includes an
individual who has been detailed to such agency or covered
intelligence community element.''.
(c) Private Right of Action for Unlawful Disclosure of
Whistleblower Identity.--Subsection (f) of such section is amended to
read as follows:
``(f) Enforcement.--
``(1) In general.--Except as otherwise provided in this
subsection, the President shall provide for the enforcement of
this section.
``(2) Private right of action for unlawful, willful
disclosure of whistleblower identity.--In a case in which an
employee of an agency, or other employee or officer of the
Federal Government, takes a personnel action described in
subsection (a)(3)(J) against an employee of a covered
intelligence community element as a reprisal in violation of
subsection (b) or in a case in which a contractor employee
takes a personnel action described in such subsection against
another contractor employee as a reprisal in violation of
subsection (c), the employee or contractor employee against
whom the personnel action was taken may bring a private action
for all appropriate remedies, including injunctive relief and
compensatory and punitive damages, against the employee or
contractor employee who took the personnel action, in a Federal
district court of competent jurisdiction within 180 days of
when the employee or contractor employee first learned of or
should have learned of the violation.''.
TITLE VIII--ACCOUNTABILITY FOR ACTING OFFICIALS
SEC. 801. SHORT TITLE.
This title may be cited as the ``Accountability for Acting
Officials Act''.
SEC. 802. CLARIFICATION OF FEDERAL VACANCIES REFORM ACT OF 1998.
(a) Eligibility Requirements.--Section 3345 of title 5, United
States Code, is amended as follows:
(1) In subsection (a)--
(A) in paragraph (1), by adding before the
semicolon at the end the following: ``, but, and except
as provided in subsection (e), only if the individual
serving in the position of first assistant has occupied
such position for a period of at least 30 days during
the 365-day period preceding the date of the death,
resignation, or beginning of inability to serve of the
applicable officer''; and
(B) by striking subparagraph (A) of paragraph (3)
and inserting the following:
``(A) the officer or employee served in a position
in such agency for a period of at least 1 year
preceding the date of death, resignation, or beginning
of inability to serve of the applicable officer; and''.
(2) By adding at the end the following:
``(d) For purposes of this section, a position shall be considered
to be the first assistant to the office with respect to which a vacancy
occurs only if such position has been designated, at least 30 days
before the date of the vacancy, by law, rule, or regulation as the
first assistant position. The previous sentence shall begin to apply on
the date that is 180 days after the date of enactment of the
Accountability for Acting Officials Act.
``(e) The 30-day service requirement in subsection (a)(1) shall not
apply to any individual who is a first assistant if--
``(1)(A) the office of such first assistant is an office
for which appointment is required to be made by the President,
by and with the advice and consent of the Senate; and
``(B) the Senate has approved the appointment of such
individual to such office; or
``(2) the individual began serving in the position of first
assistant during the 180-day period beginning on a transitional
inauguration day (as that term is defined in section
3349a(a)).''.
(b) Qualifications.--Section 3345(b) of title 5, United States
Code, is amended by adding at the end the following:
``(3) Any individual directed to perform the functions and duties
of the vacant office temporarily in an acting capacity under subsection
(a)(2) or (f) shall possess the qualifications (if any) set forth in
law, rule, or regulation that are otherwise applicable to an individual
appointed by the President, by and with the advice and consent of the
Senate, to occupy such office.''.
(c) Application to Individuals Removed From Office.--Section
3345(c)(2) of title 5, United States Code, is amended by inserting
after ``the expiration of a term of office'' the following: ``, or
removal (voluntarily or involuntarily) from office,''.
(d) Testimony of Acting Officials Before Congress.--Section 3345 of
title 5, United States Code, is amended by adding at the end the
following:
``(f)(1) Any individual serving as an acting officer due to a
vacancy to which this section applies, or any individual who has served
in such capacity and continues to perform the same or similar duties
beyond the time limits described in section 3346, shall appear, at
least once during any 60-day period that the individual is so serving,
before the appropriate committees of jurisdiction of the Senate and the
House of Representatives.
``(2) Paragraph (1) may be waived upon mutual agreement of the
chairs and ranking members of the committees described in that
paragraph.''.
(e) Time Limitation for Principal Offices.--Section 3346 of title
5, United States Code, is amended--
(1) in subsection (a), in the matter preceding paragraph
(1), by inserting ``or as provided in subsection (d)'' after
``sickness''; and
(2) by adding at the end the following:
``(d) With respect to the vacancy of the position of head of any
agency listed in section 901(b) of title 31 (or of any other Executive
department) and to which this section applies, subsections (a) through
(c) of this section and sections 3348(c), 3349(b), and 3349a(b) shall
be applied by substituting `120' for `210' in each instance.''.
(f) Exclusivity.--Section 3347 of title 5, United States Code, is
amended--
(1) by redesignating subsection (b) as subsection (c); and
(2) by inserting after subsection (a) the following:
``(b) Notwithstanding subsection (a), any statutory provision
covered under paragraph (1) of such subsection that contains a non-
discretionary order or directive to designate an officer or employee to
perform the functions and duties of a specified office temporarily in
an acting capacity shall be the exclusive means for temporarily
authorizing an acting official to perform the functions and duties of
such office.''.
(g) Reporting of Vacancies.--
(1) In general.--Section 3349 of title 5, United States
Code, is amended--
(A) in subsection (a)--
(i) by striking ``immediately upon'' in
each instance and inserting ``not later than 7
days after'';
(ii) in paragraph (3), by striking ``and''
at the end;
(iii) in paragraph (4), by striking the
period at the end and inserting ``; and''; and
(iv) by adding at the end the following:
``(5) notification of the end of the term of service of any
person serving in an acting capacity and the name of any
subsequent person serving in an acting capacity and the date
the service of such subsequent person began not later than 7
days after such date.''; and
(B) in subsection (b), in the matter preceding
paragraph (1), by striking ``immediately'' and
inserting ``not later than 14 days after the date of
such determination''.
(2) Technical corrections.--Paragraphs (1) and (2) of
section 3349(b) of title 5, United States Code, are amended to
read as follows:
``(1) the Committee on Homeland Security and Governmental
Affairs of the Senate;
``(2) the Committee on Oversight and Accountability of the
House of Representatives;''.
(3) Vacancies during presidential inaugural transitions.--
Section 3349a(b) of title 5, United States Code, is amended to
read as follows:
``(b) Notwithstanding section 3346 (except as provided in paragraph
(2) of this subsection) or 3348(c), with respect to any vacancy that
exists on a transitional inauguration day, or that arises during the
60-day period beginning on such day, the person serving as an acting
officer as described in section 3345 may serve in the office--
``(1) for no longer than 300 days beginning on such day; or
``(2) subject to section 3346(b), once a first or second
nomination for the office is submitted to the Senate, from the
date of such nomination for the period that the nomination is
pending in the Senate.''.
TITLE IX--STRENGTHENING HATCH ACT ENFORCEMENT AND PENALTIES
Subtitle A--Strengthening Hatch Act Enforcement and Penalties
SEC. 901. SHORT TITLE.
This title may be cited as the ``Hatch Act Accountability Act''.
SEC. 902. STRENGTHENING HATCH ACT ENFORCEMENT AND PENALTIES AGAINST
POLITICAL APPOINTEES.
(a) Investigations by Office of Special Counsel.--Section 1216 of
title 5, United States Code, as amended by section 307, is amended--
(1) in subsection (c), by striking ``(1),''; and
(2) by adding at the end the following:
``(e)(1) In addition to the authority otherwise provided in this
chapter, the Special Counsel--
``(A) shall conduct an investigation with respect to any
allegation concerning political activity prohibited under
subchapter III of chapter 73 (relating to political activities
by Federal employees); and
``(B) may, regardless of whether the Special Counsel has
received an allegation, conduct any investigation as the
Special Counsel considers necessary concerning political
activity prohibited under subchapter III of chapter 73.
``(2) With respect to any investigation under paragraph (1), the
Special Counsel may seek corrective action under section 1214 and
disciplinary action under section 1215 in the same way as if a
prohibited personnel practice were involved.
``(f)(1) Notwithstanding section 1215(b), consistent with paragraph
(3) of this subsection, if, after an investigation under subsection
(d)(1), the Special Counsel determines that a political appointee has
violated section 7323 or 7324, the Special Counsel may present a
complaint to the Merit Systems Protection Board under the process
provided in section 1215 against such political appointee.
``(2) Notwithstanding section 7326, a final order of the Board on a
complaint of a violation of section 7323 or 7324 by a political
appointee may impose an assessment of a civil penalty not to exceed
$50,000.
``(3) The Special Counsel may not present a complaint under
paragraph (1) of this subsection--
``(A) unless no disciplinary action or civil penalty has
been taken or assessed, respectively, against the political
appointee pursuant to section 7326; and
``(B) until on or after the date that is 90 days after the
date that the complaint regarding the political appointee was
presented to the President under section 1215(b),
notwithstanding whether the President submits a written
statement pursuant to paragraph (4) of this subsection.
``(4)(A) Not later than 90 days after receiving from the Special
Counsel a complaint recommending disciplinary action under section
1215(b) with respect to a political appointee for a violation of
section 7323 or 7324, the President shall provide a written statement
to the Special Counsel on whether the President imposed the recommended
disciplinary action, imposed another form of disciplinary action and
the nature of that disciplinary action, or took no disciplinary action
against the political appointee.
``(B) Not later than 14 days after the date on which the Special
Counsel receives a written statement under subparagraph (A) of this
paragraph, the Special Counsel shall--
``(i) submit the written statement to the Committee on
Homeland Security and Governmental Affairs of the Senate and
the Committee on Oversight and Accountability of the House of
Representatives; and
``(ii) publish the written statement on the public website
of the Office of Special Counsel.
``(5) Not later than 14 days after the date on which the Special
Counsel determines a political appointee has violated section 7323 or
7324, the Special Counsel shall--
``(A) submit a report on the investigation into such
political appointee, and any communications sent from the
Special Counsel to the President recommending discipline of
such political appointee, to the Committee on Homeland Security
and Governmental Affairs of the Senate and the Committee on
Oversight and Accountability of the House of Representatives;
and
``(B) publish the report and the communications described
in subparagraph (A) on the public website of the Office of
Special Counsel.
``(6) In this subsection, the term `political appointee' means any
individual, other than the President and the Vice President, employed
or holding office--
``(A) in the Executive Office of the President, the Office
of the Vice President, or any other office of the White House,
but not including any career employee; or
``(B) in a confidential, policy-making, policy-determining,
or policy-advocating position appointed by the President, by
and with the advice and consent of the Senate (other than an
individual in the Foreign Service).''.
(b) Clarification on Application of Hatch Act to EOP and OVP
Employees.--Section 7322(1)(A) of title 5, United States Code, is
amended by inserting after ``Executive agency'' the following: ``,
including the Executive Office of the President, the Office of the Vice
President, and any other office of the White House,''.
(c) Criminal Penalty.--
(1) In general.--Subchapter III of chapter 73 of title 5,
United States Code, is amended by adding at the end the
following:
``Sec. 7327. Criminal penalty for Hatch Act violations
``(a) In General.--Any person who knowingly violates section 7323
or 7324 shall be fined $50,000 (notwithstanding section 3571(e) of
title 18), imprisoned for not more than 1 year, or both.
Notwithstanding section 3571(e) of title 18, for each violation after
the first, the fine applicable under this section shall be double the
amount of the fine assessed for the previous violation.
``(b) Attorney Fees.--A court may assess against the United States
reasonable attorney fees and other litigation costs reasonably incurred
in any case under this section in which an employee has established, by
a preponderance of the evidence, that a superior ordered or otherwise
coerced the employee into taking any act that resulted in a violation
of section 7323 or 7324.''.
(2) Clerical amendment.--The table of sections for
subchapter III of chapter 73 of title 5, United States Code, is
amended by inserting after the item relating to section 7326
the following:
``7327. Criminal penalty for Hatch Act violations.''.
(3) Training.--After the first violation by an individual
of section 7323 or 7324 of title 5, United States Code, that
individual shall be provided training by the employing agency
of the individual on how to avoid subsequent violations of
either such section.
SEC. 903. INCLUDING EXECUTIVE OFFICE OF THE PRESIDENT UNDER LIMITATION
ON NEPOTISM IN THE CIVIL SERVICE.
Section 3110(a)(1)(A) of title 5, United States Code, is amended by
inserting ``, including the Executive Office of the President'' after
``Executive agency''.
SEC. 904. DISCLOSURE OF HATCH ACT INVESTIGATIONS FOR CERTAIN POLITICAL
EMPLOYEES.
Section 1216 of title 5, United States Code, is amended by adding
at the end the following:
``(d)(1) With respect to any investigation of an allegation of
prohibited activity under subsection (a)(1) against a political
employee, not later than 14 days after the date on which the Special
Counsel makes a final determination under that investigation with
respect to whether a violation occurred, the Special Counsel shall--
``(A) publish, on the website of the Office of Special
Counsel, that determination and a report on that determination;
and
``(B) submit the report required under subparagraph (A) to
the Committee on Homeland Security and Governmental Affairs of
the Senate and the Committee on Oversight and Accountability of
the House of Representatives.
``(2) In this subsection, the term `political employee' means any
individual occupying any of the following positions in the executive
branch of Government (including an individual carrying out the duties
of such a position in an acting capacity):
``(A) Any position required to be filled by an appointment
by the President, by and with the advice and consent of the
Senate.
``(B) Any position in the executive branch of the
Government of a confidential or policy-determining character
under schedule C of subpart C of part 213 of title 5, Code of
Federal Regulations, or any successor regulations.
``(C) Any position in or under the Executive Office of the
President.
``(D) Any position in or under the Office of the Vice
President.
``(E) Any position in the Senior Executive Service that is
not a career appointee, a limited term appointee, or a limited
emergency appointee (as those terms are defined in section
3132(a)).''.
SEC. 905. CLARIFICATION ON CANDIDATES VISITING FEDERAL PROPERTY.
(a) In General.--Section 7323 of title 5, United States Code, is
amended by adding at the end the following:
``(d) Nothing in this section or section 7324 shall be construed to
prohibit an employee from allowing a Member of Congress or any other
elected official from visiting Federal facilities for an official
purpose, including receiving briefings, tours, or other official
information.''.
(b) Technical and Conforming Amendments.--Section 7323 of title 5,
United States Code, is amended--
(1) in subsection (a)(1), by striking ``his official
authority or influence'' and inserting ``the official authority
or influence of the employee''; and
(2) in subsection (c)--
(A) by striking ``he'' and inserting ``the
employee''; and
(B) by striking ``his opinion'' and inserting ``the
opinion of the employee''.
SEC. 906. APPLYING HATCH ACT TO PRESIDENT AND VICE PRESIDENT WHILE ON
FEDERAL PROPERTY.
(a) In General.--Subchapter III of chapter 73 of title 5, United
States Code, as amended by section 902(c), is further amended--
(1) by redesignating sections 7326 and 7327 as sections
7327 and 7328, respectively; and
(2) by inserting after section 7325 the following:
``Sec. 7326. Limitations on political activity of President and Vice
President while on White House grounds
``Notwithstanding section 7322(1), the prohibitions on political
activity under sections 7323(a) and 7324 shall apply to the President
and Vice President while the President and Vice President are on or in
any part of the White House, or any part of the White House grounds,
that is regularly used in the discharge of official duties.''.
(b) Clerical Amendment.--The table of sections of subchapter III of
chapter 73 of title 5, United States Code, as amended by section
902(c), is further amended by striking the items relating to sections
7326 and 7327 and inserting the following:
``7326. Limitations on political activity of President and Vice
President while on Federal property.
``7327. Penalties.
``7327. Criminal penalty for Hatch Act violations.''.
SEC. 907. GRANTING THE OFFICE OF SPECIAL COUNSEL RULEMAKING AUTHORITY.
Notwithstanding any other law, rule, or regulation, the Office of
Special Counsel shall have exclusive authority to promulgate
regulations with respect to authority granted to the Office under
subchapter III of chapter 73 of title 5, United States Code.
SEC. 908. GREATER ACCOUNTABILITY FOR POLITICAL APPOINTEES.
Section 1204(c) of title 5, United States Code, is amended by
adding at the end the following: ``Notwithstanding the previous
sentences, in the case of contumacy or failure by an individual to obey
a subpoena issued under subsection (b)(2)(A) or section 1214(b) with
respect to an investigation into any violation of section 7323 or 7324,
the Board may issue an order requiring that individual to appear at any
designated place to testify or to produce documentary or other
evidence.''.
SEC. 909. INVESTIGATING FORMER POLITICAL EMPLOYEES.
(a) Definition.--In this section, the term ``employee'' has the
meaning given the term in section 7322 of title 5, United States Code.
(b) Continuation of Investigation.--Notwithstanding any other
provision of law, the Office of Special Counsel may continue an
investigation of a violation of section 7323 or 7324 of title 5, United
States Code, of an individual who is a former employee only if that
investigation commenced while the individual was an employee.
SEC. 910. GAO REVIEW OF REIMBURSABLE POLITICAL EVENTS.
(a) In General.--Not later than 60 days after the date of enactment
of this Act, the Comptroller General of the United States shall submit
to Congress a report on reimbursable political events held at the White
House or on the White House grounds during the period beginning on
January 1, 1997, and ending on the date of enactment of this Act
(referred to in this section as the ``covered period'').
(b) Contents.--The report required under subsection (a) shall
include the following:
(1) Whether, during the covered period, the requirements in
annual appropriations Acts with respect to reimbursable
political events have been followed, including the requirements
under the heading ``Executive Residence At the White House--
Reimbursable Expenses'' in title II of division D of the
Consolidated Appropriations Act, 2019 (Public Law 116-6).
(2) An assessment of what constitutes a political event
during the covered period.
(3) Whether an event that was not classified as a political
event during the covered period should have been classified as
such an event.
(4) A review of any payment made by a political entity
under the terms of the requirements described in paragraph (1).
(5) Recommendations for Congress on--
(A) a definition for the term ``political event'';
(B) how to assess whether presidential
administrations are following the requirements
described in paragraph (1); and
(C) how to hold presidential administrations
accountable if the requirements described in paragraph
(1) are not followed.
Subtitle B--Strengthening Ethics Enforcement and Penalties for Federal
Executive Employees
SEC. 911. DEFINITIONS.
(a) In General.--Subject to subsection (b), in this subtitle:
(1) Administration.--``Administration'' means each term of
office of the incumbent President serving at the time of the
appointment of an appointee.
(2) Appointee.--The term ``appointee''--
(A) includes each individual appointed--
(i) to a full-time, noncareer position by
the President or the Vice President;
(ii) to a position on the Executive
Schedule under sections 5312 through 5316 of
title 5, United States Code;
(iii) to a position as a noncareer
appointee in the in the Senior Executive
Service, as defined in section 3132(a) of title
5, United States Code, or as a noncareer
appointee under another comparable personnel
system for senior personnel; or
(iv) to a position in an Executive agency
excepted from the competitive service by reason
of being of a confidential or policy-
determining character under schedule C of
subpart C of part 213 of title 5, Code of
Federal Regulations, or another position
excepted from the competitive service under
comparable criteria; and
(B) does not include any individual appointed to a
position in the Senior Foreign Service or solely as a
uniformed service commissioned officer.
(3) Covered executive branch official; lobbying activities,
lobbyist.--The terms ``covered executive branch official'',
``lobbying activities'', and ``lobbyist'' have the meanings
given those terms in section 3 of the Lobbying Disclosure Act
of 1995 (2 U.S.C. 1602).
(4) Directly and substantially related to my former
employer or any former client.--The term ``directly and
substantially related to my former employer or any former
client'' means any matter in which the former employer or a
former client of an appointee is a party or represents a party
to the matter.
(5) Executive agency.--The term ``Executive agency'' has
the meaning given the term ``Executive agency'' in section 105
of title 5, United States Code, except that such term--
(A) includes--
(i) the Executive Office of the President;
(ii) the United States Postal Service; and
(iii) the Postal Regulatory Commission; and
(B) does not include the Government Accountability
Office.
(6) Former client.--The term ``former client''--
(A) means any person for whom an appointee, during
the 2-year period before the date of the appointment of
the appointee, served personally as agent, attorney, or
consultant, except that such service as an agent,
attorney, or consultant shall not include any instance
in which the service provided was limited to speeches
or similar appearances; and
(B) does not include any clients of the former
employer of the appointee to whom the appointee did not
personally provide services.
(7) Former employer.--The term ``former employer''--
(A) means any person for whom an appointee, during
the 2-year period before the date of appointment of the
appointee, served as an employee, officer, director,
trustee, or general partner; and
(B) does not include any Executive agency or other
entity of the Federal Government, any State or local
government, the government of the District of Columbia,
any Tribal government, any government of a United
States territory or possession, or any international
organization of which the United States is a member
state.
(8) Gift.--The term ``gift''--
(A) has the meaning given the term in section
2635.203(b) of title 5, Code of Federal Regulations;
(B) includes any gift that is indirectly solicited
or accepted, as defined under section 2635.203(f) of
title 5, Code of Federal Regulations; and
(C) does not include any item excepted under
subsections (b), (c), (e)(1), (e)(3), (j), or (l) of
section 2635.204 of title 5, Code of Federal
Regulations.
(9) Government official.--The term ``Government official''
means any employee of the executive branch of the Government.
(10) Lobby.--The term ``lobby'' means to act or have acted
as a registered lobbyist.
(11) Materially assist.--The term ``materially assist''--
(A) means to provide substantive assistance; and
(B) does not include--
(i) the provision of background or general
education on a matter of law or policy based
upon the subject matter expertise of an
individual; or
(ii) any conduct or assistance permitted
under section 207(j) of title 18, United States
Code.
(12) Participate.--The term ``participate'' means to
participate personally and substantially.
(13) Particular matter.--The term ``particular matter'' has
the meaning given the term in section 207 of title 18, United
States Code, and section 2635.402(b)(3) of title 5, Code of
Federal Regulations.
(14) Particular matter involving specific parties.--The
term ``particular matter involving specific parties'' has the
meaning given the term in section 2641.201(h) of title 5, Code
of Federal Regulations, except that the term shall also include
any meeting or other communication relating to the performance
of the official duties of an individual with a former employer
or former client of the individual, unless--
(A) the communication applies to a particular
matter of general applicability; and
(B) participation in the meeting or other event is
open to all interested parties.
(15) Pledge.--The term ``pledge'' means the ethics pledge
under section 912.
(16) Registered lobbyist or lobbying organization.--The
term ``registered lobbyist or lobbying organization'' means--
(A) any lobbyist or an organization filing a
registration pursuant to section 4 of the Lobbying
Disclosure Act of 1995 (2 U.S.C. 1603); and
(B) in the case of an organization filing such a
registration, includes each of the lobbyists of the
organization identified therein.
(17) Senior white house staff.--The term ``Senior White
House staff'' means any person appointed by--
(A) the President to a position under subparagraph
(A) or (B) of section 105(a)(2) of title 3, United
States Code; or
(B) the Vice President to a position under
subparagraph (A) or (B) of section 106(a)(1) of title
3, United States Code.
(b) Rule of Construction.--Any reference to a provision of Federal
law, including any regulation, under this subtitle shall be construed
to refer to any such provision in effect on January 20, 2021.
SEC. 912. ETHICS PLEDGE.
Each appointee in each Executive agency appointed on or after
January 20, 2021, shall sign, and upon signing shall be contractually
committed to, an ethics pledge that states the following:
``I recognize that this pledge is part of a broader ethics in
Government plan designed to restore and maintain public trust in
Government, and I commit myself to conduct consistent with that plan. I
commit to decision-making on the merits and exclusively in the public
interest, without regard to private gain or personal benefit. I commit
to conduct that upholds the independence of law enforcement and
precludes improper interference with investigative or prosecutorial
decisions of the Department of Justice. I commit to ethical choices of
post-Government employment that do not raise the appearance that I have
used my Government service for private gain, including by using
confidential information acquired and relationships established for the
benefit of future clients.
``Accordingly, as a condition, and in consideration, of my
employment in the United States Government in a position invested with
the public trust, I commit myself to the following obligations, which I
understand are binding on me and are enforceable under law:
``(1) Lobbyist gift ban.--I will not accept any gift from
any registered lobbyist or lobbying organization for the
duration of my service as an appointee.
``(2) Revolving door ban; all appointees entering
government.--For a period of 2 years beginning on the date of
my appointment, I will not participate in any particular matter
involving specific parties that is directly and substantially
related to my former employer or former clients, including
regulations and contracts.
``(3) Revolving door ban; lobbyists and registered agents
entering government.--If, during the 2 year period before the
date of my appointment, I was registered under the Lobbying
Disclosure Act of 1995 (2 U.S.C. 1601 et seq.) or the Foreign
Agents Registration Act of 1938, as amended, (22 U.S.C. 611 et
seq.), in addition to abiding by the limitations of paragraph
(2), I will not, for a period of 2 years beginning on the date
of my appointment--
``(A) participate in any particular matter with
respect to which I lobbied, or engaged in any activity
that would require registration under the Foreign
Agents Registration Act of 1938, as amended (22 U.S.C.
611 et seq.), during the 2-year period before the date
of my appointment;
``(B) participate in the specific issue area
involving the particular matter described in
subparagraph (A); or
``(C) seek or accept employment with any Executive
agency with respect to which I lobbied, or engaged in
any activity that would require registration under the
Foreign Agents Registration Act of 1938, as amended (22
U.S.C. 611 et seq.), during the 2-year period before
the date of my appointment.
``(4) Revolving door ban; appointees leaving government.--
If, upon my departure from the Government, the post-employment
restrictions relating to communicating with employees of my
former Executive agency under section 207(c) of title 18,
United States Code, and any implementing regulations, apply to
me, I agree that I will abide by those restrictions for a
period of 2 years beginning on the last date of my appointment.
I will abide by those same restrictions with respect to
communicating with the Senior White House staff.
``(5) Revolving door ban; senior and very senior appointees
leaving government.--If, upon my departure from the Government,
the post-employment restrictions under subsections (c) or (d)
of section 207 of title 18, United States Code, and any
implementing regulations, apply to me, I agree that, in
addition to abiding by those restrictions, for a period of 1
year beginning on the last date of my appointment, I will not
materially assist any other person in making any communication
or appearance that I am prohibited from undertaking myself by--
``(A) holding myself out as being available to
engage in lobbying activities in support of any such
communication or appearance; or
``(B) engaging in any such lobbying activities.
``(6) Revolving door ban; appointees leaving government to
lobby.--In addition to abiding by the limitations under
paragraph (4), I also agree, upon leaving Government service,
not to lobby any covered executive branch official or non-
career Senior Executive Service appointee, or engage in any
activity on behalf of any foreign government or foreign
political party that, if such activity was undertaken on
January 20, 2021, would require that I register under the
Foreign Agents Registration Act of 1938, as amended (22 U.S.C.
611 et seq.), for the remainder of the Administration or the 2-
year period beginning on the last date of my appointment,
whichever is later.
``(7) Golden parachute ban.--I have not accepted and will
not accept, including after entering Government, any salary or
other cash payment from my former employer the eligibility for
and payment of which is limited to individuals accepting a
position in the United States Government. I also have not
accepted and will not accept any non-cash benefit from my
former employer that is provided in lieu of such a prohibited
cash payment.
``(8) Employment qualification commitment.--I agree that
any hiring or other employment decisions I make will be based
on the qualifications, competence, and experience of the
candidate.
``(9) Assent to enforcement.--I acknowledge that subtitle B
of title IX of the Protecting Our Democracy Act, which I have
read before signing this document, defines certain of the terms
applicable to the foregoing obligations and sets forth the
methods for enforcing them. I expressly accept the provisions
of that subtitle as a part of this agreement and as binding on
me. I understand that the terms of this pledge are in addition
to any statutory or other legal restrictions applicable to me
by virtue of Federal Government service.''.
SEC. 913. WAIVERS.
(a) In General.--
(1) Requirements for waiver.--The Director of the Office of
Management and Budget, in consultation with the Counsel to the
President, may grant to any current or former appointee a
written waiver of any restrictions contained in the pledge
signed by such appointee if, and to the extent that, the
Director of the Office of Management and Budget certifies in
writing--
(A) that the literal application of the restriction
is inconsistent with the purposes of the restriction;
or
(B) that, subject to subsection (c), it is in the
public interest to grant the waiver.
(2) Contents.--Any waiver granted under paragraph (1)
shall--
(A) reflect the basis for the waiver; and
(B) in the case of a waiver of the restrictions
under subparagraph (B) or (C) of paragraph (3) of the
pledge, include a discussion of the findings with
respect to the considerations set forth in subsection
(c)(2) of this section.
(b) Effective Date; Publication.--
(1) Effective date.--A waiver granted under subsection (a)
shall take effect on the date on which the Director of the
Office of Management and Budget signs the waiver.
(2) Publication.--The Director of the Office of Management
and Budget shall make any waiver granted under subsection (a)
public not later than 10 days after the waiver is granted.
(c) Public Interest.--
(1) In general.--With respect to consideration of the
public interest under subsection (a)(2)(B), the public interest
shall include exigent circumstances relating to national
security, the economy, public health, or the environment.
(2) Specific considerations.--In determining whether it is
in the public interest to grant a waiver under subsection
(a)(2)(B) of the restrictions under subparagraph (B) or (C) of
paragraph (3) of the pledge, the responsible official may
consider the following factors--
(A) the need of the Government for the services of
the individual, including the existence of special
circumstances related to national security, the
economy, public health, or the environment of the
United States;
(B) the uniqueness of the qualifications of the
individual to meet the needs of the Government;
(C) the scope and nature of the prior lobbying
activities of the individual, including whether such
activities were de minimis or rendered on behalf of a
nonprofit organization; and
(D) the extent to which the purposes of the
restriction may be satisfied through other limitations
on the services of the individual, such as those
required by paragraph (3)(A) of the pledge.
SEC. 914. ADMINISTRATION.
(a) In General.--The head of each Executive agency shall, in
consultation with the Director of the Office of Government Ethics,
establish such rules or procedures (conforming as nearly as practicable
to the general ethics rules and procedures of the Executive agency,
including those relating to designated agency ethics officials) as are
necessary or appropriate to ensure--
(1) that every appointee in the Executive agency signs the
pledge upon assuming the appointed office or otherwise becoming
an appointee;
(2) that compliance with paragraph (3) of the pledge is
addressed in a written ethics agreement with each appointee to
whom it applies, which agreement shall also be approved by the
Counsel to the President prior to the appointee commencing
work;
(3) that any spousal employment issue or other conflict not
expressly addressed by the pledge is addressed in ethics
agreements with appointees or, where no such agreements are
required, through ethics counseling; and
(4) that the Executive agency generally complies with this
subtitle.
(b) Executive Office of the President.--With respect to the
Executive Office of the President, the duties set forth in subsection
(a) shall be the responsibility of the Counsel to the President.
(c) Director of the Office of Government Ethics General
Responsibilities.--The Director of the Office of Government Ethics
shall--
(1) ensure that the pledge and a copy of this subtitle are
made available for use by each Executive agency in fulfilling
the duties of the Executive agency under subsection (a);
(2) in consultation with the Attorney General or the
Counsel to the President, when appropriate, assist designated
agency ethics officials in providing advice to current or
former appointees regarding the application of the pledge; and
(3) in consultation with the Attorney General and the
Counsel to the President, adopt such rules or procedures as are
necessary or appropriate--
(A) to carry out the foregoing responsibilities;
(B) to authorize limited exceptions to the lobbyist
gift ban under paragraph (1) of the pledge for
circumstances that do not implicate the purposes of the
ban;
(C) to make clear that no individual shall have
violated the lobbyist gift ban under paragraph (1) of
the pledge if the individual properly disposes of a
gift as provided under section 2635.206 of title 5,
Code of Federal Regulations;
(D) to ensure that existing rules and procedures
for Government employees engaged in negotiations for
future employment with private businesses that are
affected by the official actions of the employees do
not affect the integrity of the programs and operations
of the Government; and
(E) to ensure, in consultation with the Director of
the Office of Personnel Management, that the
requirement set forth in paragraph (6) of the pledge is
honored by every employee of the executive branch;
(4) in consultation with the Director of the Office of
Management and Budget, submit a report to the President on
whether full compliance is being achieved with existing Federal
laws and regulations governing executive branch procurement
lobbying disclosure, provided that such report shall include--
(A) recommendations relating to steps the executive
branch can take to expand, to the fullest extent
practicable, disclosure of both executive branch
procurement lobbying and of lobbying for presidential
pardons; and
(B) recommendations relating to both immediate
actions the executive branch can take and, if
necessary, recommendations for legislation; and
(5) provide an annual report on the administration of the
pledge and this subtitle.
(d) Revolving Door Ban Report.--The Director of the Office of
Government Ethics shall, in consultation with the Attorney General, the
Counsel to the President, and the Director of the Office of Personnel
Management, report to the President on steps the executive branch can
take to expand to the fullest extent practicable the revolving door ban
under paragraph (5) of the pledge to all executive branch employees who
are involved in the procurement process such that those employees may
not for 2 years after leaving Government service lobby any Government
official regarding a Government contract that was under the official
responsibility of the employee during the last 2 years of Government
service of the employee. This report shall include both immediate
actions the executive branch can take and, if necessary,
recommendations for legislation.
(e) Filing and Retention.--Each pledge signed by an appointee, and
any waiver granted under section 913 with respect thereto, shall be
filed with the head of the agency of the relevant appointee for
permanent retention in the official personnel folder of the appointee
or any equivalent folder.
SEC. 915. ENFORCEMENT.
(a) In General.--The contractual, fiduciary, and ethical
commitments in the pledge provided for herein are solely enforceable by
the United States pursuant to this section by any legally available
means, including--
(1) debarment proceedings within any affected Executive
agency; or
(2) judicial civil proceedings for declaratory, injunctive,
or monetary relief.
(b) Bar on Lobbying.--
(1) In general.--Any former appointee who is determined,
after notice and hearing, by the duly designated authority
within any Executive agency, to have violated the pledge signed
by the appointee may be barred from lobbying any officer or
employee of the Executive agency to which the appointee was
appointed for not more than 5 years in addition to any other
restriction on lobbying under the pledge signed by the
appointee.
(2) Procedures.--The head of each Executive agency shall,
in consultation with the Director of the Office of Government
Ethics, establish procedures to implement this subsection,
which shall include providing for fact-finding and
investigation of possible violations of this subtitle and for
referrals to the Attorney General for consideration pursuant to
subsection (c).
(c) Authority of the Attorney General.--
(1) In general.--The Attorney General may--
(A) upon receiving information regarding the
possible breach of any commitment in a signed pledge by
an appointee, request any appropriate Federal
investigative authority to conduct an investigation of
the alleged breach, as may be appropriate; and
(B) upon determining that there is a reasonable
basis to believe that a breach of a commitment in a
signed pledge by an appointee has occurred, will occur,
or will continue to occur if not enjoined, commence a
civil action against the former employee in any United
States District Court with jurisdiction to consider the
matter.
(2) Civil relief.--In any civil action commenced under
paragraph (1)(B), the Attorney General may request any and all
relief authorized by Federal law, including--
(A) such temporary restraining orders and
preliminary and permanent injunctions as may be
appropriate to restrain future, recurring, or
continuing conduct by the former appointee in breach of
the commitments in the pledge he or she signed; and
(B) establishment of a constructive trust for the
benefit of the United States, requiring an accounting
and payment to the United States Treasury of all money
and other things of value received by, or payable to,
the former employee arising out of any breach or
attempted breach of the pledge signed by the former
appointee.
SEC. 916. GENERAL PROVISIONS.
(a) Severability.--If any provision of this subtitle or the
application of such provision is held to be invalid, the remainder of
this subtitle and other dissimilar applications of such provision shall
not be affected.
(b) Rule of Construction.--Nothing in this subtitle shall be
construed to impair or otherwise affect--
(1) the authority granted by Federal law to any Executive
agency, or the head thereof; or
(2) the functions of the Director of the Office of
Management and Budget relating to budgetary, administrative, or
legislative proposals.
(c) Implementation.--This subtitle shall be implemented consistent
with applicable law and subject to the availability of appropriations.
(d) Rule of Construction.--This subtitle is not intended to, and
does not, create any right or benefit, substantive or procedural,
enforceable at law or in equity by any party against the United States,
its departments, agencies, or entities, its officers, employees, or
agents, or any other person.
TITLE X--PRESIDENTIAL AND VICE PRESIDENTIAL TAX TRANSPARENCY
SEC. 1001. PRESIDENTIAL AND VICE PRESIDENTIAL TAX TRANSPARENCY.
(a) Definitions.--In this section--
(1) The term ``covered candidate'' means a candidate of a
major party in a general election for the office of President
or Vice President.
(2) The term ``income tax return'' means, with respect to
an individual, any return (as such term is defined in section
6103(b)(1) of the Internal Revenue Code of 1986, except that
such term shall not include declarations of estimated tax) of--
(A) such individual, other than information returns
issued to persons other than such individual; or
(B) of any corporation, partnership, or trust in
which such individual holds, directly or indirectly, a
significant interest as the sole or principal owner or
the sole or principal beneficial owner (as such terms
are defined in regulations prescribed by the
Secretary).
(3) The term ``major party'' has the meaning given the term
in section 9002 of the Internal Revenue Code of 1986.
(4) The term ``Secretary'' means the Secretary of the
Treasury or the delegate of the Secretary.
(b) Disclosure.--
(1) In general.--
(A) Candidates for president and vice president.--
Not later than the date that is 15 days after the date
on which an individual becomes a covered candidate, the
individual shall submit to the Federal Election
Commission a copy of the individual's income tax
returns for the 10 most recent taxable years for which
a return has been filed with the Internal Revenue
Service.
(B) President and vice president.--With respect to
an individual who is the President or Vice President,
not later than the due date for the return of tax for
each taxable year, such individual shall submit to the
Federal Election Commission a copy of the individual's
income tax returns for the taxable year and for the 9
preceding taxable years.
(C) Transition rule for sitting presidents and vice
presidents.--Not later than the date that is 30 days
after the date of enactment of this section, an
individual who is the President or Vice President on
such date of enactment shall submit to the Federal
Election Commission a copy of the income tax returns
for the 10 most recent taxable years for which a return
has been filed with the Internal Revenue Service.
(2) Failure to disclose.--If any requirement under
paragraph (1) to submit an income tax return is not met, the
chairman of the Federal Election Commission shall submit to the
Secretary a written request that the Secretary provide the
Federal Election Commission with the income tax return.
(3) Publicly available.--The chairman of the Federal
Election Commission shall make publicly available each income
tax return submitted under paragraph (1) in the same manner as
a return provided under section 6103(l)(23) of the Internal
Revenue Code of 1986 (as added by this section).
(4) Treatment under the federal election campaign act of
1971.--Section 304(a)(11) of the Federal Election Campaign Act
of 1971 (52 U.S.C. 30104(a)(11)) is amended by adding at the
end the following:
``(E) An income tax return filed under the
Protecting Our Democracy Act shall be filed in
electronic form accessible by computers and shall be
treated as a report filed under and required by this
Act for purposes of subparagraphs (B) and (C), except
that if it would require considerable, extensive, and
significant time for the Commission to make redactions
to such a return, as required under section 1001(b)(3)
of the Protecting Our Democracy Act or subparagraph
(B)(ii) of section 6103(l)(23) of the Internal Revenue
Code of 1986, the Commission may make the return
available for public inspection more than 48 hours
after receipt by the Commission, but in no event later
than 30 days after receipt by the Commission.''.
(c) Disclosure of Returns of Presidents and Vice Presidents and
Certain Candidates for President and Vice President.--
(1) In general.--Section 6103(l) of the Internal Revenue
Code of 1986 is amended by adding at the end the following new
paragraph:
``(23) Disclosure of return information of presidents and
vice presidents and certain candidates for president and vice
president.--
``(A) In general.--Upon written request by the
chairman of the Federal Election Commission under
section 1001(b)(2) of the Protecting Our Democracy Act,
not later than the date that is 15 days after the date
of such request, the Secretary shall provide copies of
any return which is so requested to officers and
employees of the Federal Election Commission whose
official duties include disclosure or redaction of such
return under this paragraph.
``(B) Disclosure to the public.--
``(i) In general.--The chairman of the
Federal Election Commission shall make publicly
available any return which is provided under
subparagraph (A).
``(ii) Redaction of certain information.--
Before making publicly available under clause
(i) any return, the chairman of the Federal
Election Commission shall redact such
information as the Federal Election Commission
and the Secretary jointly determine is
necessary for protecting against identity
theft, such as social security numbers.''.
(2) Conforming amendments.--Section 6103(p)(4) of such Code
is amended--
(A) in the matter preceding subparagraph (A) by
striking ``or (22)'' and inserting ``(22), or (23)'';
and
(B) in subparagraph (F)(ii) by striking ``or (22)''
and inserting ``(22), or (23)''.
(3) Effective date.--The amendments made by this subsection
shall apply to disclosures made on or after the date of
enactment of this Act.
DIVISION C--MISCELLANEOUS
TITLE XI--REPORTING FOREIGN INTERFERENCE IN ELECTIONS
SEC. 1101. FEDERAL CAMPAIGN REPORTING OF FOREIGN CONTACTS.
(a) Initial Notice.--
(1) In general.--Section 304 of the Federal Election
Campaign Act of 1971 (52 U.S.C. 30104), as amended by section
309, is amended by adding at the end the following new
subsection:
``(i) Disclosure of Reportable Foreign Contacts.--
``(1) Committee obligation to notify.--Not later than 1
week after a reportable foreign contact, each political
committee shall notify the Federal Bureau of Investigation and
the Commission of the reportable foreign contact and provide a
summary of the circumstances with respect to such reportable
foreign contact. The Federal Bureau of Investigation, not later
than 1 week after receiving a notification from a political
committee under this paragraph, shall submit to the political
committee, the Permanent Select Committee on Intelligence of
the House of Representatives, and the Select Committee on
Intelligence of the Senate written or electronic confirmation
of receipt of the notification.
``(2) Individual obligation to notify.--Not later than 3
days after a reportable foreign contact--
``(A) each candidate and each immediate family
member of a candidate shall notify the treasurer or
other designated official of the principal campaign
committee of such candidate of the reportable foreign
contact and provide a summary of the circumstances with
respect to such reportable foreign contact; and
``(B) each official, employee, or agent of a
political committee shall notify the treasurer or other
designated official of the committee of the reportable
foreign contact and provide a summary of the
circumstances with respect to such reportable foreign
contact.
``(3) Reportable foreign contact.--In this subsection:
``(A) In general.--The term `reportable foreign
contact' means any direct or indirect contact or
communication that--
``(i) is between--
``(I) a candidate, an immediate
family member of the candidate, a
political committee, or any official,
employee, or agent of such committee;
and
``(II) an individual that the
person described in subclause (I)
knows, has reason to know, or
reasonably believes is a covered
foreign national; and
``(ii) the person described in clause
(i)(I) knows, has reason to know, or reasonably
believes involves--
``(I) an offer or other proposal
for a contribution, donation,
expenditure, disbursement, or
solicitation described in section 319;
or
``(II) coordination or
collaboration with, an offer or
provision of information or services to
or from, or persistent and repeated
contact with, a covered foreign
national in connection with an
election.
``(B) Exceptions.--
``(i) Contacts in official capacity as
elected official.--The term `reportable foreign
contact' shall not include any contact or
communication with a covered foreign national
by an elected official or an employee of an
elected official solely in an official capacity
as such an official or employee.
``(ii) Contacts for purposes of enabling
observation of elections by international
observers.--The term `reportable foreign
contact' shall not include any contact or
communication with a covered foreign national
by any person which is made for purposes of
enabling the observation of elections in the
United States by a foreign national or the
observation of elections outside of the United
States by a candidate, political committee, or
any official, employee, or agent of such
committee.
``(iii) Exceptions not applicable if
contacts or communications involve prohibited
disbursements.--A contact or communication by
an elected official or an employee of an
elected official shall not be considered to be
made solely in an official capacity for
purposes of clause (i), and a contact or
communication shall not be considered to be
made for purposes of enabling the observation
of elections for purposes of clause (ii), if
the contact or communication involves a
contribution, donation, expenditure,
disbursement, or solicitation described in
section 319.
``(C) Covered foreign national defined.--
``(i) In general.--In this paragraph, the
term `covered foreign national' means--
``(I) a foreign principal (as
defined in section 1(b) of the Foreign
Agents Registration Act of 1938 (22
U.S.C. 611(b))) that is a government of
a foreign country or a foreign
political party;
``(II) any person who acts as an
agent, representative, employee, or
servant, or any person who acts in any
other capacity at the order, request,
or under the direction or control, of a
foreign principal described in
subclause (I) or of a person any of
whose activities are directly or
indirectly supervised, directed,
controlled, financed, or subsidized in
whole or in major part by a foreign
principal described in subclause (I);
or
``(III) any person included in the
list of specially designated nationals
and blocked persons maintained by the
Office of Foreign Assets Control of the
Department of the Treasury pursuant to
authorities relating to the imposition
of sanctions relating to the conduct of
a foreign principal described in
subclause (I).
``(ii) Clarification regarding application
to citizens of the united states.--In the case
of a citizen of the United States, subclause
(II) of clause (i) applies only to the extent
that the person involved acts within the scope
of that person's status as the agent of a
foreign principal described in subclause (I) of
clause (i).
``(4) Immediate family member.--In this subsection, the
term `immediate family member' means, with respect to a
candidate, a parent, parent-in-law, spouse, adult child, or
sibling.''.
(2) Effective date.--The amendment made by paragraph (1)
shall apply with respect to reportable foreign contacts which
occur on or after the date of the enactment of this Act.
(b) Information Included on Report.--
(1) In general.--Section 304(b) of such Act (52 U.S.C.
30104(b)) is amended--
(A) by striking ``and'' at the end of paragraph
(7);
(B) by striking the period at the end of paragraph
(8) and inserting ``; and''; and
(C) by adding at the end the following new
paragraph:
``(9) for any reportable foreign contact (as defined in
subsection (i)(3))--
``(A) the date, time, and location of the contact;
``(B) the date and time of when a designated
official of the committee was notified of the contact;
``(C) the identity of individuals involved; and
``(D) a description of the contact, including the
nature of any contribution, donation, expenditure,
disbursement, or solicitation involved and the nature
of any activity described in subsection
(i)(3)(A)(ii)(II) involved.''.
(2) Effective date.--The amendments made by paragraph (1)
shall apply with respect to reports filed on or after the
expiration of the 60-day period which begins on the date of the
enactment of this Act.
SEC. 1102. FEDERAL CAMPAIGN FOREIGN CONTACT REPORTING COMPLIANCE
SYSTEM.
(a) In General.--Section 302 of the Federal Election Campaign Act
of 1971 (52 U.S.C. 30102) is amended by adding at the end the following
new subsection:
``(j) Reportable Foreign Contacts Compliance Policy.--
``(1) Reporting.--Each political committee shall establish
a policy that requires all officials, employees, and agents of
such committee to notify the treasurer or other appropriate
designated official of the committee of any reportable foreign
contact (as defined in section 304(i)) not later than 3 days
after such contact was made.
``(2) Retention and preservation of records.--Each
political committee shall establish a policy that provides for
the retention and preservation of records and information
related to reportable foreign contacts (as so defined) for a
period of not less than 3 years.
``(3) Certification.--
``(A) In general.--Upon filing its statement of
organization under section 303(a), and with each report
filed under section 304(a), the treasurer of each
political committee (other than an authorized
committee) shall certify that--
``(i) the committee has in place policies
that meet the requirements of paragraphs (1)
and (2);
``(ii) the committee has designated an
official to monitor compliance with such
policies; and
``(iii) not later than 1 week after the
beginning of any formal or informal affiliation
with the committee, all officials, employees,
and agents of such committee will--
``(I) receive notice of such
policies;
``(II) be informed of the
prohibitions under section 319; and
``(III) sign a certification
affirming their understanding of such
policies and prohibitions.
``(B) Authorized committees.--With respect to an
authorized committee, the candidate shall make the
certification required under subparagraph (A).''.
(b) Effective Date.--
(1) In general.--The amendment made by subsection (a) shall
apply with respect to political committees which file a
statement of organization under section 303(a) of the Federal
Election Campaign Act of 1971 (52 U.S.C. 30103(a)) on or after
the date of the enactment of this Act.
(2) Transition rule for existing committees.--Not later
than 30 days after the date of the enactment of this Act, each
political committee under the Federal Election Campaign Act of
1971 shall file a certification with the Federal Election
Commission that the committee is in compliance with the
requirements of section 302(j) of such Act (as added by
subsection (a)).
SEC. 1103. CRIMINAL PENALTIES.
Section 309(d)(1) of the Federal Election Campaign Act of 1971 (52
U.S.C. 30109(d)(1)) is amended by adding at the end the following new
subparagraphs:
``(E) Any person who knowingly and willfully
commits a violation of subsection (i) or (b)(9) of
section 304 or section 302(j) shall be fined not more
than $500,000, imprisoned not more than 5 years, or
both.
``(F) Any person who knowingly and willfully
conceals or destroys any materials relating to a
reportable foreign contact (as defined in section
304(i)) shall be fined not more than $1,000,000,
imprisoned not more than 5 years, or both.''.
SEC. 1104. REPORT TO CONGRESSIONAL INTELLIGENCE COMMITTEES.
(a) In General.--Not later than 1 year after the date of enactment
of this Act, and annually thereafter, the Director of the Federal
Bureau of Investigation shall submit to the congressional intelligence
committees a report relating to notifications received by the Federal
Bureau of Investigation under section 304(i)(1) of the Federal Election
Campaign Act of 1971 (as added by section 1101(a) of this Act).
(b) Elements.--Each report under subsection (a) shall include, at a
minimum, the following with respect to notifications described in
subsection (a):
(1) The number of such notifications received from
political committees during the year covered by the report.
(2) A description of protocols and procedures developed by
the Federal Bureau of Investigation relating to receipt and
maintenance of records relating to such notifications.
(3) With respect to such notifications received during the
year covered by the report, a description of any subsequent
actions taken by the Director resulting from the receipt of
such notifications.
(c) Congressional Intelligence Committees Defined.--In this
section, the term ``congressional intelligence committees'' has the
meaning given that term in section 3 of the National Security Act of
1947 (50 U.S.C. 3003).
SEC. 1105. RULE OF CONSTRUCTION.
Nothing in this title or the amendments made by this title shall be
construed--
(1) to impede legitimate journalistic activities; or
(2) to impose any additional limitation on the right to
express political views or to participate in public discourse
of any individual who--
(A) resides in the United States;
(B) is not a citizen of the United States or a
national of the United States, as defined in section
101(a)(22) of the Immigration and Nationality Act (8
U.S.C. 1101(a)(22)); and
(C) is not lawfully admitted for permanent
residence, as defined by section 101(a)(20) of the
Immigration and Nationality Act (8 U.S.C. 1101(a)(20)).
TITLE XII--ELIMINATING FOREIGN INTERFERENCE IN ELECTIONS
SEC. 1201. CLARIFICATION OF APPLICATION OF FOREIGN MONEY BAN.
(a) Clarification of Treatment of Provision of Certain Information
as Contribution or Donation of a Thing of Value.--Section 319 of the
Federal Election Campaign Act of 1971 (52 U.S.C. 30121) is amended by
adding at the end the following new subsection:
``(c) Clarification of Treatment of Provision of Certain
Information as Contribution or Donation of a Thing of Value.--For
purposes of this section, a `contribution or donation of money or other
thing of value' includes the provision of opposition research, polling,
or other non-public information relating to a candidate for election
for a Federal, State, or local office for the purpose of influencing
the election, regardless of whether such research, polling, or
information has monetary value, except that nothing in this subsection
shall be construed to treat the mere provision of an opinion about a
candidate as a thing of value for purposes of this section.''.
(b) Clarification of Application of Foreign Money Ban to All
Contributions and Donations of Things of Value and to All Solicitations
of Contributions and Donations of Things of Value.--Section 319(a) of
such Act (52 U.S.C. 30121(a)) is amended--
(1) in paragraph (1)(A), by striking ``promise to make a
contribution or donation'' and inserting ``promise to make such
a contribution or donation'';
(2) in paragraph (1)(B), by striking ``donation'' and
inserting ``donation of money or other thing of value, or to
make an express or implied promise to make such a contribution
or donation,''; and
(3) by amending paragraph (2) to read as follows:
``(2) a person to solicit, accept, or receive (directly or
indirectly) a contribution or donation described in
subparagraph (A) or (B) of paragraph (1), or to solicit,
accept, or receive (directly or indirectly) an express or
implied promise to make such a contribution or donation, from a
foreign national.''.
(c) Enhanced Penalty for Certain Violations.--
(1) In general.--Section 309(d)(1) of such Act (52 U.S.C.
30109(d)(1)), as amended by section 1103, is further amended by
adding at the end the following new subparagraph:
``(G)(i) Any person who knowingly and willfully
commits a violation of section 319 which involves a
foreign national which is a government of a foreign
country or a foreign political party, or which involves
a thing of value consisting of the provision of
opposition research, polling, or other non-public
information relating to a candidate for election for a
Federal, State, or local office for the purpose of
influencing the election, shall be fined under title
18, United States Code, or imprisoned for not more than
5 years, or both.
``(ii) In clause (i), each of the terms `government
of a foreign country' and `foreign political party' has
the meaning given such term in section 1 of the Foreign
Agents Registration Act of 1938, as Amended (22 U.S.C.
611).''.
(2) Effective date.--The amendment made by paragraph (1)
shall apply with respect to violations committed on or after
the date of the enactment of this Act.
SEC. 1202. REQUIRING ACKNOWLEDGMENT OF FOREIGN MONEY BAN BY POLITICAL
COMMITTEES.
(a) Provision of Information by Federal Election Commission.--
Section 303 of the Federal Election Campaign Act of 1971 (52 U.S.C.
30103) is amended by adding at the end the following new subsection:
``(e) Acknowledgment of Foreign Money Ban.--
``(1) Notification by commission.--Not later than 30 days
after a political committee files its statement of organization
under subsection (a), and biennially thereafter until the
committee terminates, the Commission shall provide the
committee with a written explanation of section 319.
``(2) Acknowledgment by committee.--
``(A) In general.--Not later than 30 days after
receiving the written explanation of section 319 under
paragraph (1), the committee shall transmit to the
Commission a signed certification that the committee
has received such written explanation and has provided
a copy of the explanation to all members, employees,
contractors, and volunteers of the committee.
``(B) Person responsible for signature.--The
certification required under subparagraph (A) shall be
signed--
``(i) in the case of an authorized
committee of a candidate, by the candidate; or
``(ii) in the case of any other political
committee, by the treasurer of the
committee.''.
(b) Effective Date; Transition for Existing Committees.--
(1) In general.--The amendment made by subsection (a) shall
apply with respect to political committees which file
statements of organization under section 303 of the Federal
Election Campaign Act of 1971 (52 U.S.C. 30103) on or after the
date of the enactment of this Act.
(2) Transition for existing committees.--
(A) Notification by federal election commission.--
Not later than 90 days after the date of the enactment
of this Act, the Federal Election Commission shall
provide each political committee under such Act with
the written explanation of section 319 of such Act, as
required under section 303(e)(1) of such Act (as added
by subsection (a)).
(B) Acknowledgment by committee.--Not later than 30
days after receiving the written explanation under
subparagraph (A), each political committee under such
Act shall transmit to the Federal Election Commission
the signed certification, as required under section
303(e)(2) of such Act (as added by subsection (a)).
SEC. 1203. PROHIBITION ON CONTRIBUTIONS AND DONATIONS BY FOREIGN
NATIONALS IN CONNECTION WITH BALLOT INITIATIVES AND
REFERENDA.
(a) In General.--Section 319(a)(1)(A) of the Federal Election
Campaign Act of 1971 (52 U.S.C. 30121(a)(1)(A)) is amended by striking
``State, or local election'' and inserting the following: ``State, or
local election, including a State or local ballot initiative or
referendum''.
(b) Effective Date.--The amendment made by this section shall apply
with respect to elections held in 2024 or any succeeding year.
TITLE XIII--HONEST ADS
SEC. 1301. SHORT TITLE.
This title may be cited as the ``Honest Ads Act''.
SEC. 1302. PURPOSE.
The purpose of this title is to enhance the integrity of American
democracy and national security by improving disclosure requirements
for online political advertisements in order to uphold the Supreme
Court's well-established standard that the electorate bears the right
to be fully informed.
SEC. 1303. SENSE OF CONGRESS.
It is the sense of Congress that--
(1) the dramatic increase in digital political
advertisements, and the growing centrality of online platforms
in the lives of Americans, requires the Congress and the
Federal Election Commission to take meaningful action to ensure
that laws and regulations provide the accountability and
transparency that is fundamental to our democracy;
(2) free and fair elections require both transparency and
accountability which give the public a right to know the true
sources of funding for political advertisements, be they
foreign or domestic, in order to make informed political
choices and hold elected officials accountable; and
(3) transparency of funding for political advertisements is
essential to enforce other campaign finance laws, including the
prohibition on campaign spending by foreign nationals.
SEC. 1304. EXPANSION OF DEFINITION OF PUBLIC COMMUNICATION.
(a) In General.--Paragraph (22) of section 301 of the Federal
Election Campaign Act of 1971 (52 U.S.C. 30101(22)) is amended by
striking ``or satellite communication'' and inserting ``satellite, paid
internet, or paid digital communication''.
(b) Treatment of Contributions and Expenditures.--Section 301 of
such Act (52 U.S.C. 30101) is amended--
(1) in paragraph (8)(B)(v), by striking ``on broadcasting
stations, or in newspapers, magazines, or similar types of
general public political advertising'' and inserting ``in any
public communication''; and
(2) in paragraph (9)(B)--
(A) by amending clause (i) to read as follows:
``(i) any news story, commentary, or
editorial distributed through the facilities of
any broadcasting station or any print, online,
or digital newspaper, magazine, publication,
periodical, blog, or platform, unless such
broadcasting, print, online, or digital
facilities are owned or controlled by any
political party, political committee, or
candidate;''; and
(B) in clause (iv), by striking ``on broadcasting
stations, or in newspapers, magazines, or similar types
of general public political advertising'' and inserting
``in any public communication''.
(c) Disclosure and Disclaimer Statements.--Subsection (a) of
section 318 of such Act (52 U.S.C. 30120) is amended--
(1) by striking ``financing any communication through any
broadcasting station, newspaper, magazine, outdoor advertising
facility, mailing, or any other type of general public
political advertising'' and inserting ``financing any public
communication''; and
(2) by striking ``solicits any contribution through any
broadcasting station, newspaper, magazine, outdoor advertising
facility, mailing, or any other type of general public
political advertising'' and inserting ``solicits any
contribution through any public communication''.
(d) Effective Date.--The amendments made by this section shall take
effect on the date of the enactment of this Act and shall take effect
without regard to whether or not the Federal Election Commission has
promulgated the final regulations necessary to carry out this part and
the amendments made by this part by the deadline set forth in
subsection (e).
(e) Regulation.--Not later than 1 year after the date of the
enactment of this Act, the Federal Election Commission shall promulgate
regulations on what constitutes a paid internet or paid digital
communication for purposes of paragraph (22) of section 301 of the
Federal Election Campaign Act of 1971 (52 U.S.C. 30101(22)), as amended
by subsection (a), except that such regulation shall not define a paid
internet or paid digital communication to include communications for
which the only payment consists of internal resources, such as employee
compensation, of the entity paying for the communication.
SEC. 1305. EXPANSION OF DEFINITION OF ELECTIONEERING COMMUNICATION.
(a) Expansion to Online Communications.--
(1) Application to qualified internet and digital
communications.--
(A) In general.--Subparagraph (A) of section
304(f)(3) of the Federal Election Campaign Act of 1971
(52 U.S.C. 30104(f)(3)(A)) is amended by striking ``or
satellite communication'' each place it appears in
clauses (i) and (ii) and inserting ``satellite, or
qualified internet or digital communication''.
(B) Qualified internet or digital communication.--
Paragraph (3) of section 304(f) of such Act (52 U.S.C.
30104(f)) is amended by adding at the end the following
new subparagraph:
``(D) Qualified internet or digital
communication.--The term `qualified internet or digital
communication' means any communication which is placed
or promoted for a fee on an online platform (as defined
in subsection (j)(3)).''.
(2) Nonapplication of relevant electorate to online
communications.--Section 304(f)(3)(A)(i)(III) of such Act (52
U.S.C. 30104(f)(3)(A)(i)(III)) is amended by inserting ``any
broadcast, cable, or satellite'' before ``communication''.
(3) News exemption.--Section 304(f)(3)(B)(i) of such Act
(52 U.S.C. 30104(f)(3)(B)(i)) is amended to read as follows:
``(i) a communication appearing in a news
story, commentary, or editorial distributed
through the facilities of any broadcasting
station or any online or digital newspaper,
magazine, publication, periodical, blog, or
platform, unless such broadcasting, online, or
digital facilities are owned or controlled by
any political party, political committee, or
candidate;''.
(b) Effective Date.--The amendments made by this section shall
apply with respect to communications made on or after January 1, 2024,
and shall take effect without regard to whether or not the Federal
Election Commission has promulgated regulations to carry out such
amendments.
SEC. 1306. APPLICATION OF DISCLAIMER STATEMENTS TO ONLINE
COMMUNICATIONS.
(a) Clear and Conspicuous Manner Requirement.--Subsection (a) of
section 318 of the Federal Election Campaign Act of 1971 (52 U.S.C.
30120(a)) is amended--
(1) by striking ``shall clearly state'' each place it
appears in paragraphs (1), (2), and (3) and inserting ``shall
state in a clear and conspicuous manner''; and
(2) by adding at the end the following flush sentence:
``For purposes of this section, a communication does not make a
statement in a clear and conspicuous manner if it is difficult
to read or hear or if the placement is easily overlooked.''.
(b) Special Rules for Qualified Internet or Digital
Communications.--
(1) In general.--Section 318 of such Act (52 U.S.C. 30120)
is amended by adding at the end the following new subsection:
``(e) Special Rules for Qualified Internet or Digital
Communications.--
``(1) Special rules with respect to statements.--In the
case of any qualified internet or digital communication (as
defined in section 304(f)(3)(D)) which is disseminated through
a medium in which the provision of all of the information
specified in this section is not possible, the communication
shall, in a clear and conspicuous manner--
``(A) state the name of the person who paid for the
communication; and
``(B) provide a means for the recipient of the
communication to obtain the remainder of the
information required under this section with minimal
effort and without receiving or viewing any additional
material other than such required information.
``(2) Safe harbor for determining clear and conspicuous
manner.--A statement in qualified internet or digital
communication (as defined in section 304(f)(3)(D)) shall be
considered to be made in a clear and conspicuous manner as
provided in subsection (a) if the communication meets the
following requirements:
``(A) Text or graphic communications.--In the case
of a text or graphic communication, the statement--
``(i) appears in letters at least as large
as the majority of the text in the
communication; and
``(ii) meets the requirements of paragraphs
(2) and (3) of subsection (c).
``(B) Audio communications.--In the case of an
audio communication, the statement is spoken in a
clearly audible and intelligible manner at the
beginning or end of the communication and lasts at
least 3 seconds.
``(C) Video communications.--In the case of a video
communication which also includes audio, the
statement--
``(i) is included at either the beginning
or the end of the communication; and
``(ii) is made both in--
``(I) a written format that meets
the requirements of subparagraph (A)
and appears for at least 4 seconds; and
``(II) an audible format that meets
the requirements of subparagraph (B).
``(D) Other communications.--In the case of any
other type of communication, the statement is at least
as clear and conspicuous as the statement specified in
subparagraph (A), (B), or (C).''.
(2) Nonapplication of certain exceptions.--The exceptions
provided in section 110.11(f)(1)(i) and (ii) of title 11, Code
of Federal Regulations, or any successor to such rules, shall
have no application to qualified internet or digital
communications (as defined in section 304(f)(3)(D) of the
Federal Election Campaign Act of 1971).
(c) Modification of Additional Requirements for Certain
Communications.--Section 318(d) of such Act (52 U.S.C. 30120(d)) is
amended--
(1) in paragraph (1)(A)--
(A) by striking ``which is transmitted through
radio'' and inserting ``which is in an audio format'';
and
(B) by striking ``By radio'' in the heading and
inserting ``Audio format'';
(2) in paragraph (1)(B)--
(A) by striking ``which is transmitted through
television'' and inserting ``which is in video
format''; and
(B) by striking ``By television'' in the heading
and inserting ``Video format''; and
(3) in paragraph (2)--
(A) by striking ``transmitted through radio or
television'' and inserting ``made in audio or video
format''; and
(B) by striking ``through television'' in the
second sentence and inserting ``in video format''.
(d) Effective Date.--The amendment made by subsection (a) shall
take effect on the date of the enactment of this Act and shall take
effect without regard to whether or not the Federal Election Commission
has promulgated regulations to carry out such amendments.
SEC. 1307. POLITICAL RECORD REQUIREMENTS FOR ONLINE PLATFORMS.
(a) In General.--Section 304 of the Federal Election Campaign Act
of 1971 (52 U.S.C. 30104), as amended by sections 309 and 1101, is
amended by adding at the end the following new subsection:
``(j) Disclosure of Certain Online Advertisements.--
``(1) In general.--
``(A) Requirements for online platforms.--
``(i) In general.--An online platform shall
maintain, and make available for online public
inspection in machine readable format, a
complete record of any qualified political
advertisement which is purchased by a person
whose aggregate purchases of qualified
political advertisements on such online
platform during the calendar year exceeds $500.
``(ii) Requirement relating to political
ads sold by third-party advertising vendors.--
An online platform that displays a qualified
political advertisement sold by a third-party
advertising vendor shall include on its own
platform--
``(I) an easily accessible and
identifiable link to the records
maintained by the third-party
advertising vendor under clause (i)
regarding such qualified political
advertisement; or
``(II) in any case in which the
third-party advertising vendor does not
make such records available, a
statement that no records from the
third-party advertising vendors records
are available.
``(B) Requirements for advertisers.--Any person who
purchases a qualified political advertisement on an
online platform shall provide the online platform with
such information as is necessary for the online
platform to comply with the requirements of
subparagraph (A).
``(2) Contents of record.--A record maintained under
paragraph (1)(A) shall contain--
``(A) a digital copy of the qualified political
advertisement;
``(B) a description of the audience that received
the advertisement, the number of views generated from
the advertisement, and the date and time that the
advertisement is first displayed and last displayed;
and
``(C) information regarding--
``(i) the total cost of the advertisement
(which may be rounded to the nearest $100);
``(ii) the name of the candidate to which
the advertisement refers and the office to
which the candidate is seeking election, the
election to which the advertisement refers, or
the national legislative issue to which the
advertisement refers (as applicable);
``(iii) in the case of a request made by,
or on behalf of, a candidate, the name of the
candidate, the authorized committee of the
candidate, and the treasurer of such committee;
and
``(iv) in the case of any request not
described in clause (iii), the name of the
person purchasing the advertisement, the name
and address of a contact person for such
person, and a list of the chief executive
officers or members of the executive committee
or of the board of directors of such person.
``(3) Online platform.--
``(A) In general.--For purposes of this subsection,
subject to subparagraph (B), the term `online platform'
means any public-facing website, web application, or
digital application (including a social network, ad
network, or search engine) which--
``(i)(I) sells qualified political
advertisements; and
``(II) has 50,000,000 or more unique
monthly United States visitors or users for a
majority of months during the preceding 12
months; or
``(ii) is a third-party advertising vendor
that has 50,000,000 or more unique monthly
United States visitors in the aggregate on any
advertisement space that it has sold or bought
for a majority of months during the preceding
12 months, as measured by an independent
digital ratings service accredited by the Media
Ratings Council (or its successor).
``(B) Exemption.--Such term shall not include any
online platform that is a distribution facility of any
broadcasting station or newspaper, magazine, blog,
publication, or periodical.
``(C) Third-party advertising vendor defined.--For
purposes of this subsection, the term `third-party
advertising vendor' includes any third-party
advertising vendor network, advertising agency,
advertiser, or third-party advertisement serving
company that buys and sells advertisement space on
behalf of unaffiliated third-party websites, search
engines, digital applications, or social media sites.
``(4) Qualified political advertisement.--For purposes of
this subsection, the term `qualified political advertisement'
means any advertisement (including search engine marketing,
display advertisements, video advertisements, native
advertisements, and sponsorships) that--
``(A) is made by or on behalf of a candidate; or
``(B) communicates a message relating to any
political matter of national importance, including--
``(i) a candidate;
``(ii) any election to Federal office; or
``(iii) a national legislative issue of
public importance.
``(5) Time to maintain file.--The information required
under this subsection shall be made available as soon as
possible and shall be retained by the online platform for a
period of not less than 4 years.
``(6) Special rule.--For purposes of this subsection,
multiple versions of an advertisement that contain no material
differences (such as versions that differ only because they
contain a recipient's name, or differ only in size, color,
font, or layout) may be treated as a single qualified political
advertisement.
``(7) Penalties.--For penalties for failure by online
platforms, and persons requesting to purchase a qualified
political advertisement on online platforms, to comply with the
requirements of this subsection, see section 309.''.
(b) Effective Date.--The amendments made by this section shall take
effect on the date of the enactment of this Act and shall take effect
without regard to whether or not the Federal Election Commission has
promulgated the final regulations necessary to carry out this part and
the amendments made by this part by the deadline set forth in
subsection (c).
(c) Rulemaking.--Not later than 120 days after the date of the
enactment of this Act, the Federal Election Commission shall establish
rules--
(1) for determining whether an advertisement communicates a
national legislative issue for purposes of section 304(j) of
the Federal Election Campaign Act of 1971 (as added by
subsection (a));
(2) requiring common data formats for the record required
to be maintained under such section 304(j) so that all online
platforms submit and maintain data online in a common, machine-
readable and publicly accessible format; and
(3) establishing search interface requirements relating to
such record, including searches by candidate name, issue,
purchaser, and date.
(d) Reporting.--Not later than 2 years after the date of the
enactment of this Act, and biannually thereafter, the Chairman of the
Federal Election Commission shall submit a report to Congress on--
(1) matters relating to compliance with and the enforcement
of the requirements of section 304(j) of the Federal Election
Campaign Act of 1971, as added by subsection (a);
(2) recommendations for any modifications to such section
to assist in carrying out its purposes; and
(3) identifying ways to bring transparency and
accountability to political advertisements distributed online
for free.
SEC. 1308. PREVENTING CONTRIBUTIONS, EXPENDITURES, INDEPENDENT
EXPENDITURES, AND DISBURSEMENTS FOR ELECTIONEERING
COMMUNICATIONS BY FOREIGN NATIONALS IN THE FORM OF ONLINE
ADVERTISING.
Section 319 of the Federal Election Campaign Act of 1971 (52 U.S.C.
30121), as amended by section 1201, is amended by redesignating
subsections (b) and (c) as subsections (c) and (d), respectively, and
by inserting after subsection (a) the following new subsection:
``(b) Responsibilities of Broadcast Stations, Providers of Cable
and Satellite Television, and Online Platforms.--
``(1) In general.--Each television or radio broadcast
station, provider of cable or satellite television, or online
platform (as defined in section 304(j)(3)) shall make
reasonable efforts to ensure that communications described in
section 318(a) and made available by such station, provider, or
platform are not purchased by a foreign national, directly or
indirectly.
``(2) Regulations.--Not later than 1 year after the date of
the enactment of this subsection, the Commission shall
promulgate regulations on what constitutes reasonable efforts
under paragraph (1).''.
SEC. 1309. REQUIRING ONLINE PLATFORMS TO DISPLAY NOTICES IDENTIFYING
SPONSORS OF POLITICAL ADVERTISEMENTS AND TO ENSURE
NOTICES CONTINUE TO BE PRESENT WHEN ADVERTISEMENTS ARE
SHARED.
(a) In General.--Section 304 of the Federal Election Campaign Act
of 1971 (52 U.S.C. 30104), as amended by sections 309, 1101, and
1307(a), is amended by adding at the end the following new subsection:
``(k) Ensuring Display and Sharing of Sponsor Identification in
Online Political Advertisements.--
``(1) Requirement.--Any online platform that displays a
qualified political advertisement (regardless of whether such
qualified political advertisement was purchased directly from
the online platform) shall--
``(A) display with the advertisement a visible
notice identifying the sponsor of the advertisement
(or, if it is not practical for the platform to display
such a notice, a notice that the advertisement is
sponsored by a person other than the platform); and
``(B) ensure that the notice will continue to be
displayed if a viewer of the advertisement shares the
advertisement with others on that platform.
``(2) Safe harbor.--An online platform shall not be treated
as having failed to comply with the requirements of paragraph
(1)(A) for the misidentification of a person as the sponsor of
the advertisement if--
``(A) the person placing the online advertisement
designated the person displayed in the advertisement as
the sponsor; and
``(B) the online platform relied on such
designation in good faith.
``(3) Definitions.--In this subsection--
``(A) the term `online platform' has the meaning
given such term in subsection (j)(3);
``(B) the term ``qualified political advertisement'
has the meaning given such term in subsection (j)(4);
and
``(C) the term `sponsor' means the person
purchasing the advertisement.''.
(b) Effective Date.--The amendment made by subsection (a) shall
apply with respect to advertisements displayed on or after the 120-day
period which begins on the date of the enactment of this Act and shall
take effect without regard to whether or not the Federal Election
Commission has promulgated regulations to carry out such amendments.
TITLE XIV--PREVENTING A PATRONAGE SYSTEM
SEC. 1401. SHORT TITLE.
This title may be cited as the ``Saving the Civil Service Act''.
SEC. 1402. LIMITATIONS ON EXCEPTING POSITIONS FROM COMPETITIVE SERVICE
AND TRANSFERRING POSITIONS.
(a) In General.--A position in the competitive service may not be
excepted from the competitive service unless such position is placed--
(1) in any of the schedules A through E as described in
section 6.2 of title 5, Code of Federal Regulations, as in
effect on September 30, 2020; and
(2) under the terms and conditions under part 6 of such
title as in effect on such date.
(b) Transfers.--
(1) Within excepted service.--A position in the excepted
service may not be transferred to any schedule other than a
schedule described in subsection (a)(1).
(2) OPM consent required.--An agency may not transfer any
occupied position from the competitive service or excepted
service into schedule C of subpart C of part 213 of title 5,
Code of Federal Regulations, without the prior consent of the
Director.
(3) Limit during presidential term.--During any 4-year
presidential term, an agency may not transfer from the
competitive service into the excepted service a total number of
employees that is more than 1 percent of the total number of
employees at such agency as of the first day of such term, or 5
employees, whichever is greater.
(4) Employee consent required.--Notwithstanding any other
provision of this section--
(A) an employee who occupies a position in the
excepted service may not be transferred to an excepted
service schedule other than the schedule in which such
position is located without the prior written consent
of the employee; and
(B) an employee who occupies a position in the
competitive service may not be transferred to the
excepted service without the employee's prior written
consent.
(c) Other Matters.--
(1) Application.--Notwithstanding section 7425(b) of title
38, United States Code, this section shall apply to positions
under chapters 73 and 74 of such title.
(2) Regulations.--The Director shall issue regulations to
implement this section.
(d) Definitions.--In this section--
(1) the term ``agency'' means any department, agency, or
instrumentality of the Federal Government;
(2) the term ``competitive service'' has the meaning given
that term in section 2102 of title 5, United States Code;
(3) the term ``Director'' means the Director of the Office
of Personnel Management; and
(4) the term ``excepted service'' has the meaning given
that term in section 2103 of title 5, United States Code.
TITLE XV--USE OF FEDERAL PROPERTY; VISITOR RECORDS
SEC. 1501. PROHIBITION ON USE OF FEDERAL PROPERTY FOR POLITICAL
CONVENTIONS.
(a) In General.--Chapter 29 of title 18, United States Code, is
amended by inserting after section 611 the following:
``Sec. 612. Prohibition on use of Federal property for certain
political activities
``(a) A convention of a national political party held to nominate a
candidate for the office of President or Vice President may not be held
on or in any Federal property.
``(b) Any candidate or the authorized committee of the candidate
under the Federal Election Campaign Act of 1971 which was responsible
for a convention in violation of subsection (a) shall be subject to an
assessment of a civil penalty equal to the fair market value of the
cost of the convention or $50,000, whichever is greater, or imprisoned
not more than five years, or both.
``(c) In this section, the term `Federal property' means any
building, land, or other real property owned, leased, or occupied by
any department, agency, or instrumentality of the United States,
including the White House grounds and the White House (including the
Old Executive Office Building, the West Wing, the East Wing, the Rose
Garden, and the Executive Residence, but not including the second floor
of the Executive Residence).''.
(b) Clerical Amendment.--The table of sections for such chapter is
amended by inserting after the item relating to section 611 the
following:
``612. Prohibition on use of Federal property for certain political
activities.''.
(c) Application.--
(1) In general.--This Act and the amendments made by this
Act shall apply to any convention described in section 612(a)
of title 18, United States Code, as added by subsection (a),
occurring on or after the date of enactment of this Act.
(2) Travel.--Nothing in this Act or the amendments made by
this Act shall be construed to limit or otherwise prevent the
President or Vice President from using vehicles (including
aircraft) owned or leased by the Government for travel to or
from any such convention.
SEC. 1502. IMPROVING ACCESS TO INFLUENTIAL VISITOR ACCESS RECORDS.
(a) Definitions.--In this section:
(1) Covered location.--The term ``covered location''
means--
(A) the White House;
(B) the residence of the Vice President; and
(C) any other location at which the President or
the Vice President regularly conducts official
business.
(2) Covered records.--The term ``covered records'' means
information relating to a visit at a covered location, which
shall include--
(A) the name of each visitor at the covered
location;
(B) the name of each individual with whom each
visitor described in subparagraph (A) met at the
covered location; and
(C) the purpose of the visit.
(b) Requirement.--Except as provided in subsection (c), not later
than 90 days after the date of enactment of this Act, the President
shall establish and update, every 90 days thereafter, a publicly
available database that contains covered records for the preceding 90-
day period, on a publicly available website in an easily searchable and
downloadable format.
(c) Exceptions.--
(1) In general.--The President shall not include in the
database established under subsection (b) any covered record--
(A) the posting of which would implicate personal
privacy or law enforcement concerns or threaten
national security;
(B) relating to a purely personal guest at a
covered location; or
(C) that reveals the social security number,
taxpayer identification number, birth date, home
address, or personal phone number of an individual, the
name of an individual who is less than 18 years old, or
a financial account number.
(2) Sensitive meetings.--With respect to a particularly
sensitive meeting at a covered location, the President shall--
(A) include the number of visitors at the covered
location in the database established under subsection
(b);
(B) post the applicable covered records in the
database established under subsection (b) when the
President determines that release of the covered
records is no longer sensitive; and
(C) post any reasonably segregable portion that is
not covered by an exception described in subsection (c)
of any such excepted record on the website described
under subsection (b).
DIVISION D--SEVERABILITY
TITLE XVI--SEVERABILITY
SEC. 1601. SEVERABILITY.
If any provision of this Act or any amendment made by this Act, or
the application of a provision of this Act or an amendment made by this
Act to any person or circumstance, is held to be unconstitutional, the
remainder of this Act, and the application of the provisions to any
person or circumstance, shall not be affected by the holding.
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