[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 8363 Introduced in House (IH)]

<DOC>






116th CONGRESS
  2d Session
                                H. R. 8363

 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

                           September 23, 2020

  Mr. Schiff (for himself, Mr. Nadler, Mrs. Carolyn B. Maloney of New 
  York, Mr. Yarmuth, Ms. Lofgren, Mr. Engel, Mr. Neal, Mr. Cohen, Mr. 
   Connolly, Ms. Dean, Mr. Jeffries, Mr. Ted Lieu of California, Ms. 
   Porter, Mr. Raskin, Ms. Scanlon, Ms. Speier, and Mr. Swalwell of 
 California) introduced the following bill; which was referred to the 
Committee on Oversight and Reform, and in addition to the Committees on 
 the Judiciary, the Budget, Transportation and Infrastructure, Rules, 
 Foreign Affairs, Ways and Means, Intelligence (Permanent Select), and 
House Administration, 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--Defending Elections Against Foreign 
        Interference.
            (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.
 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.
    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.
         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 
                            Government Accountability Office 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.
   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. Emergency and overseas contingency operations designations by 
                            Congress in statute.
       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 INSPECTOR GENERAL INDEPENDENCE

                Subtitle A--Requiring Cause for Removal

Sec. 701. Short title.
Sec. 702. Amendment.
        Subtitle B--Inspectors General of Intelligence Community

Sec. 711. Independence of Inspectors General of the Intelligence 
                            Community.
Sec. 712. Authority of Inspectors General of the Intelligence Community 
                            to determine matters of urgent concern.
Sec. 713. Conforming amendments and coordination with other provisions 
                            of law.
                 Subtitle C--Congressional Notification

Sec. 721. Short title.
Sec. 722. Congressional notification of change in status of Inspector 
                            General.
Sec. 723. Presidential explanation of failure to nominate an Inspector 
                            General.
                 TITLE VIII--PROTECTING WHISTLEBLOWERS

            Subtitle A--Whistleblower Protection Improvement

Sec. 801. Short title.
Sec. 802. Additional whistleblower protections.
Sec. 803. Enhancement of whistleblower protections.
Sec. 804. Classifying certain furloughs as adverse personnel actions.
Sec. 805. Codification of protections for disclosures of censorship 
                            related to research, analysis, or technical 
                            information.
Sec. 806. Technical and conforming amendments.
     Subtitle B--Reauthorization of Merit Systems Protection Board

Sec. 811. Short title.
Sec. 812. Reauthorization of Merit Systems Protection Board.
Sec. 813. Authorization of Federal employee surveys for merit systems 
                            studies.
Sec. 814. Whistleblower training for MSPB administrative judges.
        Subtitle C--Whistleblowers of the Intelligence Community

Sec. 821. Limitation on sharing of intelligence community whistleblower 
                            complaints with persons named in such 
                            complaints.
Sec. 822. Disclosures to Congress.
Sec. 823. Prohibition against disclosure of whistleblower identity as 
                            reprisal against whistleblower disclosure 
                            by employees and contractors in 
                            intelligence community.
             TITLE IX--ACCOUNTABILITY FOR ACTING OFFICIALS

Sec. 901. Short title.
Sec. 902. Clarification of Federal Vacancies Reform Act of 1998.
       TITLE X--STRENGTHENING HATCH ACT ENFORCEMENT AND PENALTIES

Sec. 1001. Short title.
Sec. 1002. Strengthening Hatch Act enforcement and penalties against 
                            political appointees.
      DIVISION C--DEFENDING ELECTIONS AGAINST FOREIGN INTERFERENCE

         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.
                        DIVISION D--SEVERABILITY

                        TITLE XIII--SEVERABILITY

Sec. 1301. 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.--In the event that the President 
grants an individual a pardon for a covered offense, not later than 30 
days after the date of such pardon--
            (1) the Attorney General shall submit to the chairmen and 
        ranking minority members of the appropriate congressional 
        committees--
                    (A) 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 United 
                States government, relating to the offense for which 
                the individual was so pardoned; and
                    (B) all materials obtained or produced by the 
                Department of Justice in relation to the pardon; and
            (2) the President shall submit to the chairmen and ranking 
        minority members of the appropriate congressional committees 
        all materials obtained or produced within the Executive Office 
        of the President 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) The term ``appropriate congressional committees'' 
        means--
                    (A) the Committee on the Judiciary of the House of 
                Representatives and the Committee on the Judiciary of 
                the Senate; and
                    (B) if an investigation relates to intelligence or 
                counterintelligence matters, the Permanent Select 
                Committee on Intelligence of the House of 
                Representatives and the Select Committee on 
                Intelligence of the Senate.
            (2) The term ``covered offense'' means--
                    (A) an offense against the United States that 
                arises from an investigation in which the President, or 
                a relative of the President, is a target or subject;
                    (B) an offense under section 192 of title 2, United 
                States Code; or
                    (C) an offense under section 1001, 1505, 1512, or 
                1621 of title 18, United States Code, provided that the 
                offense occurred in relation to a Congressional 
                proceeding or investigation.
            (3) The term ``pardon'' includes a commutation of sentence.
            (4) The term ``relative'' has the meaning given that term 
        in section 3110(a) of title 5, United States Code.

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 amendments made by subsection (a) shall 
apply to any offense committed before the date of the enactment of this 
section, if the statute of limitations applicable to that offense had 
not run as of such date.

 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 (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 102(a) of the Ethics in Government Act of 
1978 (5 U.S.C. App.) is amended by adding at the end the following:
            ``(9) 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) 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) 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) 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 402(a) of the Ethics in Government 
Act of 1978 (5 U.S.C. App.) is amended--
            (1) by striking ``(a) The Director'' and inserting ``(a)(1) 
        The Director''; and
            (2) by adding at the end the following new paragraph:
    ``(2) The Director shall provide overall direction of executive 
branch policies related to compliance with the Foreign and Domestic 
Emoluments Enforcement Act and the amendments made by such Act and 
shall have the authority to--
            ``(A) issue administrative fines to individuals for 
        violations;
            ``(B) order individuals to take corrective action, 
        including disgorgement, divestiture, and recusal, as the 
        Director deems necessary; and
            ``(C) bring civil actions to enforce such fines and 
        orders.''.
    (b) Specific Authorities.--Section 402(b) of such Act (5 U.S.C. 
App.) is amended--
            (1) by striking ``and'' at the end of paragraph (14);
            (2) by striking the period at the end of paragraph (15) and 
        inserting ``; and''; and
            (3) by adding at the end the following new paragraph:
            ``(16) developing and promulgating rules and regulations to 
        ensure compliance with the Foreign and Domestic Emoluments 
        Enforcement Act and the amendments made by such 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) of title 5, United 
                States Code.''.

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 402 of the Ethics in 
Government Act of 1978, 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.''.

    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 has repeatedly affirmed, including 
        in its July 9, 2020, holding in Trump v. Mazars, Congress' 
        ``power of inquiry--with process to enforce it--is an essential 
        and appropriate auxiliary to the legislative function''. 
        Congress' 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 U.S. 
        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 U.S. 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 United States House of Representatives, 
the United States Senate, 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.
    ``(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.
                    ``(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 if is an officer or employee of a Government agency, 
        such 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 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 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 section 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 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--
            (1) 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.''; and
            (2) in section 104, by striking the period at the end and 
        inserting the following:
    ``, or the Attorney General for the District of Columbia, in which 
case, notwithstanding section 23-101, District of Columbia Official 
Code, the offense may be prosecuted by the Attorney General for the 
District of Columbia, and shall be punishable by a fine of not more 
than $1,000 and imprisonment of not more than 12 months.''.
    (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.

         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.--The Impoundment Control Act of 1974 (2 U.S.C. 681 
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 or limitation (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 adding 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.--The Impoundment Control Act of 1974 (2 U.S.C. 681 
et seq.), as amended by section 501(a), is further amended by adding at 
the end the following:

                              ``reporting

    ``Sec. 1019.  (a) Apportionment of Appropriations.--
            ``(1) In general.--Not later than 90 days after the date of 
        enactment of this section, the Office of Management and Budget 
        shall complete implementation of an automated system to post 
        each document apportioning an appropriation, pursuant to 
        section 1513(b) of title 31, United States Code, including any 
        associated footnotes, in a format that qualifies each such 
        document as an Open Government Data Asset (as defined in 
        section 3502 of title 44, United States Code), not later than 2 
        business days after the date of approval of such apportionment, 
        and shall place on such website each document apportioning an 
        appropriation, pursuant to such section 1513(b), including any 
        associated footnotes, already approved for the fiscal year, and 
        shall report the date of completion of such requirements to the 
        Committees on the Budget and Appropriations of the House of 
        Representatives and Senate.
            ``(2) Explanatory statement.--Each document apportioning an 
        appropriation posted on a publicly accessible website under 
        paragraph (1) shall also include a written explanation by the 
        official approving each such apportionment (pursuant to section 
        1513(b) of title 31, United States Code) of the rationale for 
        the apportionment schedule and for any footnotes.
            ``(3) Special process for transmitting classified 
        documentation to the congress.--The Office of Management and 
        Budget or the applicable department or agency shall make 
        available classified documentation relating to apportionment to 
        appropriate congressional committees on a schedule to be 
        determined by each such committee.
            ``(4) Department and agency report.--Each department or 
        agency shall notify the Committees on the Budget and 
        Appropriations of the House of Representatives and 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 such notification shall contain information identifying the 
        bureau, account name, appropriation name, and Treasury 
        Appropriation Fund Symbol or fund account.
    ``(b) Approving Officials.--
            ``(1) Delegation of authority.--Not later than 15 days 
        after the date of enactment of this section, any delegation of 
        apportionment authority pursuant to section 1513(b) of title 
        31, United States Code that is in effect as of such date shall 
        be submitted for publication in the Federal Register. Any 
        delegation of such apportionment authority after the date of 
        enactment of this section shall, on the date of such 
        delegation, be submitted for publication in the Federal 
        Register. The Office of Management and Budget shall publish 
        such delegations in a format that qualifies such publications 
        as an Open Government Data Asset (as defined in section 3502 of 
        title 44, United States Code) on a public internet website, 
        which shall be continuously updated with the position of each 
        Federal officer or employee to whom apportionment authority has 
        been delegated.
            ``(2) Report to congress.--Not later than 5 days after any 
        change in the position of the approving official with respect 
        to such delegated apportionment authority for any account is 
        made, the Office shall submit a report to the Congress 
        explaining why such change was made.''.
    (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 adding 
after the item relating to section 1018 the following:

``1019. Reporting.''.

SEC. 503. UPDATED AUTHORITIES FOR AND REPORTING BY THE COMPTROLLER 
              GENERAL.

    (a) 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 review 
        compliance with this part and shall submit to the Committees on 
        the Budget, Appropriations, and Oversight and Reform of the 
        House of Representatives, the Committees on the Budget, 
        Appropriations, and Homeland Security and Governmental Affairs 
        of the Senate, and any other appropriate congressional 
        committee of the House of Representatives and Senate 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 also 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) 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 a semicolon; 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. If, under this chapter, 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 of their own selection, 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, and 
such court is expressly empowered to enter in such civil action, 
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. 
 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 the 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.--The Impoundment Control Act of 1974 (2 U.S.C. 681 
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 
        Government Accountability Office 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, and a statement 
        of any additional action taken to prevent recurrence of the 
        same type of violation. In the case that the Government 
        Accountability Office 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 its position.
            ``(3) Opportunity to respond.--If the 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 adding 
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 budgets for each of fiscal years 2022 
        through 2026, a report on--
                    ``(A) 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) an explanation of 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 budgets for each of fiscal years 2022 
        through 2026, a report on--
                    ``(A) cancelled balances (pursuant to section 
                1552(a)) for the preceding 3 fiscal years by agency and 
                Treasury Appropriation Fund Symbol or fund account;
                    ``(B) an 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) 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 on--
                    ``(A) 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; and
                    ``(B)(i) with respect to any such obligation or 
                expenditure, the amount so obligated or expended, the 
                account affected, and an explanation of which 
                Antideficiency Act exceptions permitted the department 
                or agency, as the case may be, to incur such obligation 
                or expenditure; and
                    ``(ii) an explanation of any changes in the 
                application of any Antideficiency Act exception 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 2022, a report on--
                    ``(A) 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, 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 
              GOVERNMENT ACCOUNTABILITY OFFICE 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 
              GOVERNMENT ACCOUNTABILITY OFFICE FOR BUDGET AND 
              APPROPRIATIONS LAW DECISIONS.

    ``(a) If an executive agency or the District of Columbia government 
receives a written request for information, documentation, or views 
from the Government Accountability Office relating to a decision or 
opinion on budget or appropriations law, the executive agency or the 
District of Columbia government 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 executive agency or the District of Columbia government 
fails to respond to the request for information, documentation, or 
views within the time required by this section--
            ``(1) the Comptroller General shall notify, in writing, the 
        Committee on Oversight and Reform of the House of 
        Representatives, Committee on Homeland Security and 
        Governmental Affairs of the Senate, and any other appropriate 
        congressional committee of the House of Representatives and the 
        Senate of such failure; and
            ``(2) the Comptroller General is hereby expressly 
        empowered, through attorneys of their own selection, 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 such court is 
        expressly empowered to enter in such civil action, 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 
                            Government Accountability Office 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 the 
        Government Accountability Office, an executive agency, or the 
        District of Columbia government determines that''; and
            (2) by adding at the end the following:
    ``(b) 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 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 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 Government Accountability Office 
issues a legal decision concluding that section 1341(a) or 1342 was 
violated and the executive agency or District of Columbia government, 
as applicable, does not agree that a violation has occurred, the report 
provided to the President, the Congress, and the Comptroller General 
will explain its position.''.
    (b) Violations of Section 1517.--Section 1517 of title 31, United 
States Code, is amended--
            (1) in subsection (b), by striking ``If'' and inserting 
        ``If the Government Accountability Office, an executive agency, 
        or the District of Columbia government determines that''; and
            (2) by adding at the end the following:
    ``(c) 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 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 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 Government Accountability Office 
issues a legal decision concluding that subsection (a) was violated and 
the executive agency or District of Columbia government, as applicable, 
does not agree that a violation has occurred, the report provided to 
the President, the Congress, and the Comptroller General will explain 
its position.''.

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 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 of the United States Government or of the District of 
        Columbia government, 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 of the United States Government or of the District of 
        Columbia government, an explanation of any update to the status 
        of any review or investigation previously reported pursuant to 
        this subsection.''.
    (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 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 of the United States Government or of the District of 
        Columbia government, 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 of the United States Government or of the District of 
        Columbia government, 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 
opinion issued by the Office of Legal Counsel of the Department of 
Justice relating to section 1301(a), 1341, 1342, 1501, 1502, 1512, 
1513, 1515, 1517, or 3302(b) of title 31, United States Code, any 
provision of the Balanced Budget and Emergency Deficit Control Act of 
1985, the Federal Credit Reform Act of 1990, the Impoundment Control 
Act of 1974, an appropriation Act, continuing resolution, or another 
provision of law providing or governing appropriations or budget 
authority 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 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 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. Where the communication of the legal 
        interpretation takes place verbally, a memorialization of that 
        communication qualifies as an ``OLC opinion''.
            (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 General for the Office of Legal Counsel, has 
                determined is final;
                    (B) government officials or government contractors 
                are relying on or have relied on;
                    (C) is or has been relied upon to formulate legal 
                guidance; or
                    (D) is cited in another Office of Legal Counsel 
                opinion.

   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 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.

``SEC. 202. EFFECTIVE PERIODS OF NATIONAL EMERGENCIES.

    ``(a) Temporary Effective Periods.--
            ``(1) In general.--Unless previously terminated pursuant to 
        Presidential order or Act of Congress, 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 Presidential order or Act of Congress, 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 
                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 of national emergency made 
                under section 201(a);
                    ``(B) Executive orders issued under section 
                201(b)(2); or
                    ``(C) Executive orders issued under section 202(b); 
                or
            ``(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) Procedures for Consideration of Joint Resolutions of 
Approval.--
            ``(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 may be introduced in either House of Congress by any 
        member of that House.
            ``(2) Committee referral in the senate.--In the Senate, a 
        joint resolution of approval shall be referred to the 
        appropriate committee.
            ``(3) Consideration in senate.--In the Senate, the 
        following shall apply:
                    ``(A) Committee referral.--A joint resolution of 
                approval shall be referred to the appropriate committee 
                or committees.
                    ``(B) Reporting and discharge.--If the committee to 
                which a joint resolution of approval 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 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. 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 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, 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 in the 
                Senate.
                    ``(F) Motion to reconsider vote on passage.--A 
                motion to reconsider a vote on passage of a joint 
                resolution of approval shall not be in order.
                    ``(G) Appeals.--Points of order and appeals from 
                the decision of the Presiding Officer shall be decided 
                without debate.
            ``(4) 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 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 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 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 a motion to proceed on 
                the joint resolution of approval. 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 prior to 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 shall be considered as read. All points of 
                order against the joint resolution of approval and 
                against its consideration are waived. The previous 
                question shall be considered as ordered on the joint 
                resolution of approval 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 a designee) and an opponent. 
                A motion to reconsider the vote on passage of the joint 
                resolution of approval shall not be in order.
            ``(5) Coordination with action by other house.--
                    ``(A) In general.--If, before the passage by one 
                House of a joint resolution of approval of that House, 
                that House receives from the other House a joint 
                resolution of approval with regard to the same 
                proclamation or Executive order, then the following 
                procedures shall apply:
                            ``(i) The joint resolution of approval of 
                        the other House shall not be referred to a 
                        committee.
                            ``(ii) With respect to a joint resolution 
                        of approval of the House receiving the joint 
                        resolution--
                                    ``(I) the procedure in that House 
                                shall be the same as if no joint 
                                resolution of approval had been 
                                received from the other House; but
                                    ``(II) the vote on passage shall be 
                                on the joint resolution of approval of 
                                the other House.
                            ``(iii) Upon the failure of passage of the 
                        joint resolution of approval of the other 
                        House, the question shall immediately occur on 
                        passage of the joint resolution of approval of 
                        the receiving House.
                    ``(B) Treatment of legislation of other house.--If 
                one House fails to introduce a joint resolution of 
                approval under this section, the joint resolution of 
                approval 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 which is a revenue measure.
            ``(6) 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.
    ``(c) Rule of Construction.--The enactment of a joint resolution of 
approval 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.
    ``(d) 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 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 3 months 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--
                    (A) in subsection (b), by striking ``concurrent 
                resolution'' and inserting ``joint resolution'' each 
                place it appears; and
                    (B) by adding at the end the following:
    ``(e) 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 upon enactment 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 
        the Congressional Power of the Purse 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 Reform, 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. EMERGENCY AND OVERSEAS CONTINGENCY OPERATIONS DESIGNATIONS BY 
              CONGRESS IN STATUTE.

    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 2020''.

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).
                    (B) Exceptions.--The term 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, and the staff of the 
                        Homeland Security Council that relates to a 
                        national security matter, except to the extent 
                        that the communication concerns a pending 
                        adversary case in litigation 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 the Deputy Counsels 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.--The term ``immediate family of the 
        President or Vice President'' means those 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 
        and July 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 6-
        month period preceding that January or July.
            (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)(A); and
                    (B) notify the Committee on the Judiciary of the 
                House of Representatives and the Committee on the 
                Judiciary of the Senate 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.

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 INSPECTOR GENERAL INDEPENDENCE

                Subtitle A--Requiring Cause for Removal

SEC. 701. SHORT TITLE.

    This subtitle may be cited as the ``Inspector General Independence 
Act''.

SEC. 702. AMENDMENT.

    The Inspector General Act of 1978 (5 U.S.C. App.) is amended--
            (1) in section 3(b)--
                    (A) by striking ``An Inspector General'' and 
                inserting ``(1) An Inspector General'';
                    (B) by inserting after ``by the President'' the 
                following: ``in accordance with paragraph (2)''; and
                    (C) by inserting at the end the following new 
                paragraph:
    ``(2) The President may remove an Inspector General only for any of 
the following grounds (and the documentation of any such ground shall 
be included in the communication required pursuant to paragraph (1)):
            ``(A) Documented permanent incapacity.
            ``(B) Documented neglect of duty.
            ``(C) Documented malfeasance.
            ``(D) Documented conviction of a felony or conduct 
        involving moral turpitude.
            ``(E) Documented knowing violation of a law or regulation.
            ``(F) Documented gross mismanagement.
            ``(G) Documented gross waste of funds.
            ``(H) Documented abuse of authority.
            ``(I) Documented inefficiency.''; and
            (2) in section 8G(e)(2), by adding at the end the following 
        new sentence: ``An Inspector General may be removed only for 
        any of the following grounds (and the documentation of any such 
        ground shall be included in the communication required pursuant 
        to this paragraph):
            ``(A) Documented permanent incapacity.
            ``(B) Documented neglect of duty.
            ``(C) Documented malfeasance.
            ``(D) Documented conviction of a felony or conduct 
        involving moral turpitude.
            ``(E) Documented knowing violation of a law or regulation.
            ``(F) Documented gross mismanagement.
            ``(G) Documented gross waste of funds.
            ``(H) Documented abuse of authority.
            ``(I) Documented inefficiency.''.

        Subtitle B--Inspectors General of Intelligence Community

SEC. 711. INDEPENDENCE OF INSPECTORS GENERAL OF THE INTELLIGENCE 
              COMMUNITY.

    (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

                    ``Subtitle A--Inspectors General

``SEC. 1201. INDEPENDENCE OF INSPECTORS GENERAL.

    ``(a) Removal.--A covered Inspector General may be removed from 
office only by the head official. The head official may remove a 
covered Inspector General only for any of the following grounds:
            ``(1) Documented permanent incapacity.
            ``(2) Documented neglect of duty.
            ``(3) Documented malfeasance.
            ``(4) Documented conviction of a felony or conduct 
        involving moral turpitude.
            ``(5) Documented knowing violation of a law or regulation.
            ``(6) Documented gross mismanagement.
            ``(7) Documented gross waste of funds.
            ``(8) Documented abuse of authority.
            ``(9) Documented Inefficiency.
    ``(b) Administrative Leave.--A covered Inspector General may be 
placed on administrative leave only by the head official. The head 
official may place a covered Inspector General on administrative leave 
only for any of the grounds specified in subsection (a).
    ``(c) Notification.--The head official may not remove a covered 
Inspector General under subsection (a) or place a covered Inspector 
General on administrative leave under subsection (b) unless--
            ``(1) the head official transmits in writing to the 
        appropriate congressional committees a notification of such 
        removal or placement, including an explanation of the 
        documented grounds specified in subsection (a) for such removal 
        or placement; and
            ``(2) with respect to the removal of a covered Inspector 
        General, a period of 30 days elapses following the date of such 
        transmittal.
    ``(d) Report.--Not later than 30 days after the date on which the 
head official notifies a covered Inspector General of being removed 
under subsection (a) or placed on administrative leave under subsection 
(b), the office of that Inspector General shall submit to the 
appropriate congressional committees a report containing--
            ``(1) a description of the facts and circumstances of any 
        pending complaint, investigation, inspection, audit, or other 
        review or inquiry, including any information, allegation, or 
        complaint reported to the Attorney General in accordance with 
        section 535 of title 28, United States Code, that the Inspector 
        General was working on as of the date of such removal or 
        placement; and
            ``(2) any other significant matter that the office of the 
        Inspector General determines appropriate.
    ``(e) Rule of Construction.--Nothing in this section shall be 
construed to prohibit a personnel action of a covered Inspector General 
otherwise authorized by law, other than transfer or removal.
    ``(f) Definitions.--In this section:
            ``(1) Administrative leave.--The term `administrative 
        leave' includes any other type of paid or unpaid non-duty 
        status.
            ``(2) Appropriate congressional committees.--The term 
        `appropriate congressional committees' means--
                    ``(A) the congressional intelligence committees; 
                and
                    ``(B) the Committee on Oversight and Reform of the 
                House of Representatives and the Committee on Homeland 
                Security and Governmental Affairs of the Senate.
            ``(3) Head official.--The term `head official' means--
                    ``(A) with respect to the position of a covered 
                Inspector General that requires appointment by the 
                President, by and with the advice and consent of the 
                Senate, the President; and
                    ``(B) with respect to the position of a covered 
                Inspector General that requires appointment by a head 
                of a department or agency of the Federal Government, 
                the head of such department or agency.''.
    (b) Definition.--Section 3 of such Act (50 U.S.C. 3003) is amended 
by adding at the end the following new paragraph:
            ``(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.''.
    (c) Clerical Amendments.--The table of sections at the beginning of 
the National Security Act of 1947 is amended 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

                    ``SUBTITLE A--INSPECTORS GENERAL

``Sec. 1201. Independence of Inspectors General.''.

SEC. 712. AUTHORITY OF INSPECTORS GENERAL OF THE INTELLIGENCE COMMUNITY 
              TO DETERMINE MATTERS OF URGENT CONCERN.

    (a) Determination.--
            (1) In general.--Title XII of the National Security Act of 
        1947, as added by section 711, is amended by inserting after 
        section 1201 the following new section:

``SEC. 1203. DETERMINATION OF MATTERS OF URGENT CONCERN.

    ``(a) Determination.--Each covered Inspector General shall have 
sole authority to determine whether any complaint or information 
reported to the Inspector General is a matter of urgent concern. Such 
determination is final and conclusive.
    ``(b) Foreign Interference in Elections.--In addition to any other 
matter which is considered an urgent concern pursuant to section 
103H(k)(5)(G), section 17(d)(5)(G) of the Central Intelligence Agency 
Act of 1949 (50 U.S.C. 3517(d)(5)(G)), or other applicable provision of 
law, the term `urgent concern' includes a serious or flagrant problem, 
abuse, violation of law or Executive order, or deficiency relating to 
foreign interference in elections in the United States.''.
            (2) 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 1201, as added by 
        section 711, the following new item:

``Sec. 1203. Determination of matters of urgent concern.''.
    (b) Conforming Amendments.--
            (1) Intelligence community.--Section 103H(k)(5)(G) of the 
        National Security Act of 1947 (50 U.S.C. 3033(k)(5)(G)) is 
        amended by striking ``In this paragraph'' and inserting ``In 
        accordance with section 1203, in this paragraph''.
            (2) Central intelligence agency.--Section 17(d)(5)(G) of 
        the Central Intelligence Agency Act of 1949 (50 U.S.C. 
        3517(d)(5)(G)) is amended by striking ``In this paragraph'' and 
        inserting ``In accordance with section 1203 of the National 
        Security Act of 1947, in this paragraph''.
    (c) Reports on Unresolved Differences.--Paragraph (3) of section 
103H(k) of the National Security Act of 1947 (50 U.S.C. 3033(k)) is 
amended by adding at the end the following new subparagraph:
    ``(C) With respect to each report submitted pursuant to 
subparagraph (A)(i), the Inspector General shall include in the report, 
at a minimum--
            ``(i) a general description of the unresolved differences, 
        the particular duties or responsibilities of the Inspector 
        General involved, and, if such differences relate to a 
        complaint or information under paragraph (5), a description of 
        the complaint or information and the entities or individuals 
        identified in the complaint or information; and
            ``(ii) to the extent such differences can be attributed not 
        only to the Director but also to any other official, 
        department, agency, or office within the executive branch, or a 
        component thereof, the titles of such official, department, 
        agency, or office.''.
    (d) Clarification of Role of Director of National Intelligence.--
Section 102A(f)(1) of such Act (50 U.S.C. 3024(f)(1)) is amended--
            (1) by redesignating subparagraph (B) as subparagraph (C); 
        and
            (2) by inserting after subparagraph (A) the following new 
        subparagraph:
            ``(B) The authority of the Director of National 
        Intelligence under subparagraph (A) includes coordinating and 
        supervising activities undertaken by elements of the 
        intelligence community for the purpose of protecting the United 
        States from any foreign interference in elections in the United 
        States.''.

SEC. 713. CONFORMING AMENDMENTS AND COORDINATION WITH OTHER PROVISIONS 
              OF LAW.

    (a) Intelligence Community.--Paragraph (4) of section 103H(c) of 
the National Security Act of 1947 (50 U.S.C. 3033(c)) is amended to 
read as follows:
    ``(4) The provisions of title XII shall apply to the Inspector 
General with respect to the removal of the Inspector General and any 
other matter relating to the Inspector General as specifically provided 
for in such title.''.
    (b) Central Intelligence Agency.--Paragraph (6) of section 17(b) of 
the Central Intelligence Agency Act of 1949 (50 U.S.C. 3517(b)) is 
amended to read as follows:
    ``(6) The provisions of title XII of the National Security Act of 
1947 shall apply to the Inspector General with respect to the removal 
of the Inspector General and any other matter relating to the Inspector 
General as specifically provided for in such title.''.
    (c) Other Elements.--
            (1) 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 added by section 712(a), the following 
        new section:

``SEC. 1205. COORDINATION WITH OTHER PROVISIONS OF LAW.

    ``No provision of law that is inconsistent with any provision of 
this title shall be considered to supersede, repeal, or otherwise 
modify a provision of this title unless such other provision of law 
specifically cites a provision of this title in order to supersede, 
repeal, or otherwise modify that provision of this title.''.
            (2) 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 713, the following new item:

``Sec. 1205. Coordination with other provisions of law.''.

                 Subtitle C--Congressional Notification

SEC. 721. SHORT TITLE.

    This subtitle may be cited as the ``Inspector General Protection 
Act''.

SEC. 722. CONGRESSIONAL NOTIFICATION OF CHANGE IN STATUS OF INSPECTOR 
              GENERAL.

    (a) Change in Status of Inspector General of Offices.--Section 3(b) 
of the Inspector General Act of 1978 (5 U.S.C. App.) is amended--
            (1) by inserting ``, is placed on paid or unpaid non-duty 
        status,'' after ``is removed from office'';
            (2) by inserting ``, change in status,'' after ``any such 
        removal''; and
            (3) by inserting ``, change in status,'' after ``before the 
        removal''.
    (b) Change in Status of Inspector General of Designated Federal 
Entities.--Section 8G(e)(2) of the Inspector General Act of 1978 (5 
U.S.C. App.) is amended--
            (1) by inserting ``, is placed on paid or unpaid non-duty 
        status,'' after ``office'';
            (2) by inserting ``, change in status,'' after ``any such 
        removal''; and
            (3) by inserting ``, change in status,'' after ``before the 
        removal''.
    (c) Effective Date.--The amendments made by this section shall take 
effect 30 days after the date of the enactment of this Act.

SEC. 723. PRESIDENTIAL EXPLANATION OF FAILURE TO NOMINATE AN INSPECTOR 
              GENERAL.

    (a) In General.--Subchapter III of chapter 33 of title 5, United 
States Code, is amended by inserting after section 3349d the following 
new section:
``Sec. 3349e. Presidential explanation of failure to nominate an 
              Inspector General
    ``If the President fails to make a formal nomination for a vacant 
Inspector General position that requires a formal nomination by the 
President to be filled within the period beginning on the date on which 
the vacancy occurred and ending on the day that is 210 days after that 
date, the President shall communicate, within 30 days after the end of 
such period, to Congress in writing--
            ``(1) the reasons why the President has not yet made a 
        formal nomination; and
            ``(2) a target date for making a formal nomination.''.
    (b) Clerical Amendment.--The table of sections for chapter 33 of 
title 5, United States Code, is amended by inserting after the item 
relating to 3349d the following new item:

``3349e. Presidential explanation of failure to nominate an Inspector 
                            General.''.
    (c) Effective Date.--The amendment made by subsection (a) shall 
take effect on the date of the enactment of this Act and shall apply to 
any vacancy first occurring on or after that date.

                 TITLE VIII--PROTECTING WHISTLEBLOWERS

            Subtitle A--Whistleblower Protection Improvement

SEC. 801. SHORT TITLE.

    This subtitle may be cited as the ``Whistleblower Protection 
Improvement Act of 2020''.

SEC. 802. 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 adding after the clause (xi) the following:
                            ``(xii) the opening of any investigation as 
                        a result of a disclosure protected by 
                        subsection (b)(8) (but not including any 
                        investigation that is ministerial or 
                        nondiscretionary or that is conducted by an 
                        Inspector General or Special Inspector General 
                        under the authority of the Inspector General 
                        Act of 1978 or any other law granting authority 
                        to an Inspector General or Special Inspector 
                        General); and''.
            (2) Application.--The amendment made by paragraph (1) shall 
        apply to any investigation opened (as described under section 
        2302(a)(2)(A)(xii) of title 5, United States Code, as added 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'' at the 
                end after the semicolon; 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 section 
        2302(b)(9)(E) of title 5, United States Code, as added by 
        paragraph (1), 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 who 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;
            ``(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 the 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 in 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 protected in 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. 803. 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 Committee of 
        Inspectors General for Integrity and Efficiency, which shall 
        comply with the standards and procedures applicable to 
        investigations and reports under subsection (c).''.
    (b) 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),'' in each 
        instance 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 determines that such a stay would be appropriate. If the 
        stay request is denied, the employee, former employee, or 
        applicant 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.''.
            (3) Access to district court; jury trials.--Section 1221(i) 
        of title 5, United States Code, is amended--
                    (A) by striking ``(i) Subsections'' and inserting 
                ``(i)(1) Subsections''; and
                    (B) 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 which the court considers 
        appropriate, including any relief described in subsection 
        (g).''.
    (c) 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''.
    (d) Attorney Fees.--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 an appeal 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.''.
    (e) Extending Whistleblower Protection Act to Certain Employees.--
Section 2302(a)(2)(A) of title 5, United States Code, is amended in the 
matter following clause (xiii)--
            (1) by inserting ``subsection (b)(9)(A)(i), (B), (C), (D), 
        or (E), subsection (b)(13), or subsection (g),'' after 
        ``subsection (b)(8),''; and
            (2) by inserting after ``title 31'' the following: ``, a 
        commissioned officer or applicant for employment in the Public 
        Health Service, and a noncareer appointee in the Senior 
        Executive Service''.
    (f) Relief.--Section 7701(b)(2)(A) of title 5, United States Code, 
is amended by striking ``upon the making of the decision'' and 
inserting ``upon 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,''.

SEC. 804. 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 such section 7512(5) or (6) (as amended by 
such subsection) occurring on or after the date of enactment of this 
Act.

SEC. 805. 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 802(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)(A) 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--
            ``(i) 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--
                            ``(aa) any violation of law, rule, or 
                        regulation; or
                            ``(bb) 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
            ``(ii) 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--
                            ``(aa) any violation of law, rule, or 
                        regulation; or
                            ``(bb) 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 under subsection (f)(1) or (2).
    ``(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 (Public Law 112-199) is 
        hereby repealed.
            (2) Rule of construction.--Nothing in this section shall be 
        construed to limit or otherwise affect any action under such 
        section 110 commenced before the date of enactment of this Act 
        or any protections afforded by such section with respect to 
        such action.

SEC. 806. TECHNICAL AND CONFORMING AMENDMENTS.

    Title 5, United States Code, is amended--
            (1) in section 1212(h), by striking ``or (9)'' in each 
        instance and inserting ``, (b)(9), (b)(13), or (g)'';
            (2) in section 1214(a)--
                    (A) by striking ``section 2302(b)(8) or section 
                2302(b)(9)(A)(i), (B), (C), or (D)'' in each instance 
                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, by striking ``section 2302(b)(8), or 
        2302(b)(9)(A)(i), (B), (C), or (D)'' in each instance 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 ``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 (c)(1)(B), by striking 
                ``paragraph (8) or subparagraph (A)(i), (B), (C), or 
                (D) of paragraph (9) of subsection (b)'' and inserting 
                ``paragraph (8), subparagraph (A)(i), (B), (C), or (D) 
                of paragraph (9), or paragraph (13) of subsection (b) 
                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 inserting ``or section 
        2302(g)'' after ``section 2302(b)''; and
            (7) in section 7703(b)(1)(B), by striking ``section 
        2302(b)(8), or 2302(b)(9)(A)(i), (B), (C), or (D)'' in each 
        instance 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--Reauthorization of Merit Systems Protection Board

SEC. 811. SHORT TITLE.

    This subtitle may be cited as the ``Merit Systems Protection Board 
Empowerment Act of 2020''.

SEC. 812. REAUTHORIZATION OF MERIT SYSTEMS PROTECTION BOARD.

    Section 8(a)(1) of the Whistleblower Protection Act of 1989 (5 
U.S.C. 5509 note) is amended by striking ``2003, 2004, 2005, 2006, and 
2007'' and inserting ``2021, 2022, 2023, 2024, and 2025''.

SEC. 813. AUTHORIZATION OF FEDERAL EMPLOYEE SURVEYS FOR MERIT SYSTEMS 
              STUDIES.

    Section 1204(e)(3) of title 5, United States Code, is amended by--
            (1) striking ``(3) In carrying'' and inserting ``(3)(A) In 
        carrying''; and
            (2) adding at the end the following:
    ``(B) The Office of Personnel Management and other agencies shall--
            ``(i) provide assistance to the Board to facilitate the 
        conduct by the Board of surveys of employees; and
            ``(ii) upon request, unless otherwise prohibited by law, 
        provide to the Board records and information concerning 
        applicants for Federal employment.''.

SEC. 814. WHISTLEBLOWER TRAINING FOR MSPB ADMINISTRATIVE JUDGES.

    Section 7701(b)(1) of title 5, United States Code, is amended to 
read as follows:
            ``(1)(A) The Board may hear any case appealed to it or may 
        refer the case to an administrative law judge appointed under 
        section 3105 or other employee of the Board designated by the 
        Board to hear such cases, except that any case involving--
                    ``(i) a removal from the service shall be heard by 
                the Board, an employee experienced in hearing appeals, 
                or an administrative law judge; and
                    ``(ii) an alleged prohibited personnel practice in 
                violation of section 2302(b)(8), section 
                2302(b)(9)(A)(i), (B), (C) or (D), or section 
                2302(b)(13) shall be heard by the Board or an 
                administrative law judge or other employee of the Board 
                designated by the Board to hear such cases who has 
                successfully completed training regarding protections 
                afforded by the Whistleblower Protection Act of 1989.
            ``(B) The Board, administrative law judge, or other 
        employee shall make a decision after receipt of the written 
        representations of the parties to the appeal and after 
        opportunity for a hearing under subsection (a)(1) of this 
        section. A copy of the decision shall be furnished to each 
        party to the appeal and to the Office of Personnel 
        Management.''.

        Subtitle C--Whistleblowers of the Intelligence Community

SEC. 821. LIMITATION ON SHARING OF INTELLIGENCE COMMUNITY WHISTLEBLOWER 
              COMPLAINTS WITH PERSONS NAMED IN SUCH COMPLAINTS.

    (a) In General.--Title XII of the National Security Act of 1947, as 
added by section 711, is further amended by inserting after section 
1205, as added by section 713(c), the following new subtitle:

              ``Subtitle B--Protections for Whistleblowers

``SEC. 1223. LIMITATION ON SHARING OF INTELLIGENCE COMMUNITY 
              WHISTLEBLOWER COMPLAINTS WITH PERSONS NAMED IN SUCH 
              COMPLAINTS.

    ``(a) 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 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) 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) 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 is--
                            (i) transferred to title XII of such Act, 
                        as added by section 711;
                            (ii) inserted before section 1223 of such 
                        Act, as added by this section; and
                            (iii) redesignated as section 1221.
                    (B) Section 1106 is--
                            (i) amended by striking ``section 1104'' 
                        each place it appears and inserting ``section 
                        1221'';
                            (ii) transferred to title XII of such Act, 
                        as added by section 711;
                            (iii) inserted after section 1223 of such 
                        Act, as added by this section; and
                            (iv) redesignated as section 1225.
            (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 inserting after the item relating to section 
                1205 the following new items:

              ``SUBTITLE B--PROTECTIONS FOR WHISTLEBLOWERS

``Sec. 1221. Prohibited personnel practices in the intelligence 
                            community.
``Sec. 1223. Limitation on sharing of intelligence community 
                            whistleblower complaints with persons named 
                            in such complaints.
``Sec. 1225. Inspector General external review panel.''.
    (c) Definitions.--Section 3 of such Act (50 U.S.C. 3003), as 
amended by section 711, is further amended by adding at the end the 
following new paragraphs:
            ``(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 1221 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 1221 of 
the National Security Act of 1947''.

SEC. 822. 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 
1225, as designated by section 821(b), the following new section:

``SEC. 1227. 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 1225, as added by section 821(b), the 
following new item:

``Sec. 1227. 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 1227 with respect to contacting such committees.''.

SEC. 823. 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 1221 of 
the National Security Act of 1947, as designated by section 
821(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:
                    ``(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 8H of 
                the Inspector General Act of 1978 (5 U.S.C. App. 8H); 
                or''.
    (b) Applicability to Detailees.--Such subsection is amended by 
adding at the end the following:
            ``(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 (d) of such section is amended to 
read as follows:
    ``(d) 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 IX--ACCOUNTABILITY FOR ACTING OFFICIALS

SEC. 901. SHORT TITLE.

    This title may be cited as the ``Accountability for Acting 
Officials Act''.

SEC. 902. CLARIFICATION OF FEDERAL VACANCIES REFORM ACT OF 1998.

    (a) First Assistant Requirements.--Section 3345 of title 5, United 
States Code, is amended as follows:
            (1) In subsection (a)--
                    (A) in paragraph (1), by adding at the end before 
                the semi-colon 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''; 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) 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
            ``(2) the Senate has approved the appointment of such 
        individual to such office.''.
    (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.--Paragraph (2) 
of section 3345(c) 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) Vacancy of Inspector General Positions.--
            (1) In general.--Section 3345 of title 5, United States 
        Code, as amended by subsection (a)(2), is further amended by 
        adding at the end the following:
    ``(f)(1) Notwithstanding subsection (a), if an Inspector General 
position that requires appointment by the President by and with the 
advice and consent of the Senate to be filled is vacant, the first 
assistant of such position shall perform the functions and duties of 
the Inspector General temporarily in an acting capacity subject to the 
time limitations of section 3346.
    ``(2) Notwithstanding subsection (a), if for purposes of carrying 
out paragraph (1) of this subsection, by reason of absence, disability, 
or vacancy, the first assistant to the position of Inspector General is 
not available to perform the functions and duties of the Inspector 
General, an acting Inspector General shall be appointed by the 
President from among individuals serving in an office of any Inspector 
General, provided that--
            ``(A) during the 365-day period preceding the date of 
        death, resignation, or beginning of inability to serve of the 
        applicable Inspector General, the individual served in a 
        position in an office of any Inspector General for not less 
        than 90 days; and
            ``(B) the rate of pay for the position of such individual 
        is equal to or greater than the minimum rate of pay payable for 
        a position at GS-15 of the General Schedule.''.
            (2) Application.--The amendment made by paragraph (1) shall 
        apply to any vacancy first occurring with respect to an 
        Inspector General position on or after the date of enactment of 
        this Act.
    (e) Testimony of Acting Officials Before Congress.--Section 3345 of 
title 5, United States Code, as amended by subsection (d)(1), is 
further amended by adding at the end the following:
    ``(g)(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 House of 
Representatives and the Senate.
    ``(2) Paragraph (1) may be waived upon mutual agreement of the 
chairs and ranking minority members of such committees.''.
    (f) Time Limitation for Principal Officers.--Section 3346 of title 
5, United States Code, is amended--
            (1) in subsection (a), 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 subsection (b) of section 901 of title 31, or any 
other position that is within the President's cabinet 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.''.
    (g) 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.''.
    (h) 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), by striking ``immediately'' 
                and inserting ``not later than 14 days after the date 
                of such determination''.
            (2) Technical corrections.--Paragraphs (1) and (2) of 
        subsection (b) of such section 3349 are amended to read as 
        follows:
            ``(1) the Committee on Homeland Security and Governmental 
        Affairs of the Senate;
            ``(2) the Committee on Oversight and Reform of the House of 
        Representatives;''.
    (i) Vacancies During Presidential Inaugural Transitions.--
Subsection (b) of section 3349a 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 under section 3345 may serve in the office--
            ``(1) for no longer than 300 days beginning on such day; or
            ``(2) subject to subsection 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 X--STRENGTHENING HATCH ACT ENFORCEMENT AND PENALTIES

SEC. 1001. SHORT TITLE.

    This title may be cited as the ``Hatch Act Accountability Act''.

SEC. 1002. 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 such subchapter.
    ``(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) Consistent with paragraph (3), 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 
assess an administrative fine, not to exceed $50,000, against such 
political appointee.
    ``(2)(A) Any political appointee assessed a fine under paragraph 
(1) shall have the opportunity to request a hearing in a time and 
manner prescribed for by regulations issued by the Special Counsel.
    ``(B) If a political appointee assessed a fine under paragraph (1) 
does not request a hearing under subparagraph (A), the decision of the 
Special Counsel finding a violation and assessing a fine shall be 
considered a final decision and shall not be subject to judicial 
review.
    ``(C) If a political appointee requests a hearing under 
subparagraph (A), the Special Counsel shall conduct a hearing in 
accordance with section 554 and issue a final decision not more than 30 
days after the conclusion of the hearing.
    ``(D) Not later than 30 days after the issuance of a final decision 
by the Special Counsel under subparagraph (C), the political appointee 
who is the subject of the final decision may file an action seeking 
judicial review in accordance with section 702.
    ``(E) Consistent with paragraph (3), the Special Counsel may file a 
civil action in the district courts of the United States seeking an 
order and such other relief as the court deems appropriate to enforce a 
final decision by the Special Counsel under this paragraph.
    ``(3) The Special Counsel may not assess an administrative fine or 
file a civil action to enforce a final decision of the Special Counsel 
under paragraph (2)--
            ``(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).
    ``(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, or 
took no disciplinary action against the political appointee.
    ``(B) Not later than 14 days after receiving a written statement 
under subparagraph (A)--
            ``(i) the Special Counsel shall submit the written 
        statement to the Committee on Oversight and Reform of the House 
        of Representatives and the Committee on Homeland Security and 
        Governmental Affairs of the Senate; 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 that 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 Oversight and 
        Reform of the House of Representatives and the Committee on 
        Homeland Security and Governmental Affairs of the Senate; and
            ``(B) publish the report and such communications 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, and 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 of the United States).''.
    (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,''.

      DIVISION C--DEFENDING ELECTIONS AGAINST FOREIGN INTERFERENCE

         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) is amended by adding at 
        the end the following new subsection:
    ``(j) 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 (j)(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 
                (j)(3)(A)(ii)(II) involved.''.
            (2) Effective date.--The amendment 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(j)) 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 (j) 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(j)) 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(j)(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)).

                        DIVISION D--SEVERABILITY

                        TITLE XIII--SEVERABILITY

SEC. 1301. 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.
                                 <all>