[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5314 Engrossed in House (EH)]

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117th CONGRESS
  1st Session
                                H. R. 5314

_______________________________________________________________________

                                 AN ACT


 
 To protect our democracy by preventing abuses of presidential power, 
 restoring checks and balances and accountability and transparency in 
 government, and defending elections against foreign interference, and 
                          for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Protecting Our Democracy Act''.

SEC. 2. ORGANIZATION OF ACT INTO DIVISIONS; TABLE OF CONTENTS.

    (a) Divisions.--This Act is organized into divisions as follows:
            (1) Division A--Preventing Abuses of Presidential Power.
            (2) Division B--Restoring Checks and Balances, 
        Accountability, and Transparency.
            (3) Division C--Miscellaneous.
            (4) Division D--Severability.
            (5) Division E--Protecting Election Officials.
    (b) Table of Contents.--The table of contents of this Act is as 
follows:

Sec. 1. Short title.
Sec. 2. Organization of Act into divisions; table of contents.
          DIVISION A--PREVENTING ABUSES OF PRESIDENTIAL POWER

             TITLE I--ABUSE OF THE PARDON POWER PREVENTION

Sec. 101. Short title.
Sec. 102. Congressional oversight relating to certain pardons.
Sec. 103. Bribery in connection with pardons and commutations.
Sec. 104. Prohibition on presidential self-pardon.
            TITLE II--ENSURING NO PRESIDENT IS ABOVE THE LAW

Sec. 201. Short title.
Sec. 202. Tolling of statute of limitations.
Sec. 203. Contracts by the President, the Vice President, or a Cabinet 
                            Member.
Sec. 204. Forfeiture of benefits for former Presidents convicted of a 
                            felony.
Sec. 205. Limitation on nondisclosure agreements.
 TITLE III--ENFORCEMENT OF THE FOREIGN AND DOMESTIC EMOLUMENTS CLAUSES 
    OF THE CONSTITUTION AND ACCOUNTABILITY IN ACCESS TO CLASSIFIED 
                              INFORMATION

Subtitle A--Enforcement of the Foreign and Domestic Emoluments Clauses 
                          of the Constitution

Sec. 301. Short title.
Sec. 302. Definitions.
Sec. 303. Prohibition on acceptance of foreign and domestic emoluments.
Sec. 304. Civil actions by Congress concerning foreign emoluments.
Sec. 305. Disclosures concerning foreign and domestic emoluments.
Sec. 306. Enforcement authority of the Director of the Office of 
                            Government Ethics.
Sec. 307. Jurisdiction of the Office of Special Counsel.
Sec. 308. Rulemaking for ethics requirements for legal expense funds.
Sec. 309. Limitations and disclosure of certain donations to, and 
                            disbursements by, Inaugural Committees.
     Subtitle B--Accountability in Access to Classified Information

Sec. 311. Transparency in access to classified information during 
                            presidential transitions.
Sec. 312. Transparency in family access to classified information.
    DIVISION B--RESTORING CHECKS AND BALANCES, ACCOUNTABILITY, AND 
                              TRANSPARENCY

            TITLE IV--ENFORCEMENT OF CONGRESSIONAL SUBPOENAS

Sec. 401. Short title.
Sec. 402. Findings.
Sec. 403. Enforcement of congressional subpoenas.
Sec. 404. Compliance with congressional subpoenas.
Sec. 405. Rule of construction.
Sec. 406. Enforcement of requests for information from certain 
                            committees of Congress.
         TITLE V--REASSERTING CONGRESSIONAL POWER OF THE PURSE

Sec. 500. Short title.
 Subtitle A--Strengthening Congressional Control and Review To Prevent 
                              Impoundment

Sec. 501. Strengthening congressional control.
Sec. 502. Strengthening congressional review.
Sec. 503. Updated authorities for and reporting by the Comptroller 
                            General.
Sec. 504. Advance congressional notification and litigation.
Sec. 505. Penalties for failure to comply with the Impoundment Control 
                            Act of 1974.
          Subtitle B--Strengthening Transparency and Reporting

         Part 1--Funds Management and Reporting to the Congress

Sec. 511. Expired balance reporting in the President's budget.
Sec. 512. Cancelled balance reporting in the President's budget.
Sec. 513. Lapse in appropriations--Reporting in the President's budget.
Sec. 514. Transfer and other repurposing authority reporting in the 
                            President's budget.
Sec. 515. Authorizing cancellations in indefinite accounts by 
                            appropriation.
Sec. 516. White House employee information.
Sec. 517. Machine-readable format required for agency reports.
      Part 2--Empowering Congressional Review Through Nonpartisan 
          Congressional Agencies and Transparency Initiatives

Sec. 521. Requirement to respond to requests for information from the 
                            Comptroller General for budget and 
                            appropriations law decisions.
Sec. 522. Reporting requirements for Antideficiency Act violations.
Sec. 523. Department of Justice reporting to Congress for 
                            Antideficiency Act violations.
Sec. 524. Publication of budget or appropriations law opinions of the 
                            Department of Justice Office of Legal 
                            Counsel.
Sec. 525. Treatment of requests for information from members of 
                            Congress.
   Subtitle C--Strengthening Congressional Role in and Oversight of 
                Emergency Declarations and Designations

Sec. 531. Improving checks and balances on the use of the National 
                            Emergencies Act.
Sec. 532. National Emergencies Act declaration spending reporting in 
                            the President's budget.
Sec. 533. Disclosure to Congress of presidential emergency action 
                            documents.
Sec. 534. Congressional Designations.
       TITLE VI--SECURITY FROM POLITICAL INTERFERENCE IN JUSTICE

Sec. 601. Short title.
Sec. 602. Definitions.
Sec. 603. Communications logs.
Sec. 604. Rule of construction.
          TITLE VII--PROTECTING INSPECTOR GENERAL INDEPENDENCE

                Subtitle A--Requiring Cause for Removal

Sec. 701. Short title.
Sec. 702. Amendment.
Sec. 703. Removal or transfer requirements.
        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. Change in status of Inspector General offices.
Sec. 723. Presidential explanation of failure to nominate an Inspector 
                            General.
 Subtitle D--Inspector General for the Office of Management and Budget

Sec. 731. Inspector General for the Office of Management and Budget.
                 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. Title 5 technical and conforming amendments.
        Subtitle B--Whistleblowers of the Intelligence Community

Sec. 811. Limitation on sharing of intelligence community whistleblower 
                            complaints with persons named in such 
                            complaints.
Sec. 812. Disclosures to Congress.
Sec. 813. 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

     Subtitle A--Strengthening Hatch Act Enforcement and Penalties

Sec. 1001. Short title.
Sec. 1002. Strengthening Hatch Act enforcement and penalties against 
                            political appointees.
Sec. 1003. Including Executive Office of the President under limitation 
                            on nepotism in the civil service.
Sec. 1004. Disclosure of Hatch Act investigations for certain political 
                            employees.
Sec. 1005. Clarification on candidates visiting Federal property.
Sec. 1006. Applying Hatch Act to president and vice president while on 
                            Federal property.
Sec. 1007. Granting the Office of Special Counsel rulemaking authority.
Sec. 1008. Greater accountability for political appointees.
Sec. 1009. Investigating former Political employees.
Sec. 1010. GAO review of reimbursable political events.
Subtitle B--Strengthening Ethics Enforcement and Penalties for Federal 
                          Executive Employees

Sec. 1011. Ethics pledge.
Sec. 1012. Definitions.
Sec. 1013. Waiver.
Sec. 1014. Administration.
Sec. 1015. Enforcement.
Sec. 1016. General provisions.
         TITLE XI--PROMOTING EFFICIENT PRESIDENTIAL TRANSITIONS

Sec. 1101. Short title.
Sec. 1102. Ascertainment of successful candidates in general elections 
                            for purposes of presidential transition.
     TITLE XII--PRESIDENTIAL AND VICE PRESIDENTIAL TAX TRANSPARENCY

Sec. 1201. Presidential and Vice Presidential tax transparency.
                       DIVISION C--MISCELLANEOUS

        TITLE XIII--REPORTING FOREIGN INTERFERENCE IN ELECTIONS

Sec. 1301. Federal campaign reporting of foreign contacts.
Sec. 1302. Federal campaign foreign contact reporting compliance 
                            system.
Sec. 1303. Criminal penalties.
Sec. 1304. Report to congressional intelligence committees.
Sec. 1305. Rule of construction.
        TITLE XIV--ELIMINATING FOREIGN INTERFERENCE IN ELECTIONS

Sec. 1401. Clarification of application of foreign money ban.
Sec. 1402. Requiring acknowledgment of foreign money ban by political 
                            committees.
Sec. 1403.  Prohibition on contributions and donations by foreign 
                            nationals in connections with ballot 
                            initiatives and referenda.
    TITLE XV--PROHIBITING CAMPAIGNS FROM PAYING SPOUSE OF CANDIDATE

Sec. 1501. Prohibiting Use of Campaign Funds to Compensate Spouses of 
                            Candidates; Disclosure of Payments Made to 
                            Spouses and Family Members.
Sec. 1502. Imposition of Penalty Against Candidate or Officeholder.
Sec. 1503. Effective Date.
TITLE XVI--PROTECTING ELECTION OFFICIALS FROM DISCLOSURE OF PERSONALLY 
                        IDENTIFIABLE INFORMATION

Sec. 1601. Short title.
Sec. 1602. Requiring States to maintain list of election officials 
                            protected from disclosure of personally 
                            identifiable information.
Sec. 1603. Prohibiting persons from making information on program 
                            participants available.
            TITLE XVII--CYBERSECURITY GUIDANCE FOR CAMPAIGNS

Sec. 1701. Issuance of cybersecurity guidance and best practices for 
                            campaigns by Federal Election Commission.
    TITLE XVIII--DETERMINATION OF NUMBER OF EMPLOYEES WITH SECURITY 
                               CLEARANCES

Sec. 1801. Exclusion of employees with existing security clearances 
                            from determination of limit on number of 
                            employees of House Member offices permitted 
                            to have clearances.
Sec. 1802. Exercise of rulemaking authority.
                         TITLE XIX--HONEST ADS

Sec. 1901. Short title.
Sec. 1902. Purpose.
Sec. 1903. Sense of Congress.
Sec. 1904. Expansion of definition of public communication.
Sec. 1905. Expansion of definition of electioneering communication.
Sec. 1906. Application of disclaimer statements to online 
                            communications.
Sec. 1907. Political record requirements for online platforms.
Sec. 1908. Preventing contributions, expenditures, independent 
                            expenditures, and disbursements for 
                            electioneering communications by foreign 
                            nationals in the form of online 
                            advertising.
Sec. 1909. Independent study on media literacy and online political 
                            content consumption.
      TITLE XX--PROHIBITING USE OF DEEPFAKES IN ELECTION CAMPAIGNS

Sec. 2001. Prohibition on distribution of materially deceptive audio or 
                            visual media prior to election.
      TITLE XXI--ASSISTANCE FOR TRANSITION TO RANKED CHOICE VOTING

Sec. 2101. Short title.
Sec. 2102. Assistance for transition to ranked choice voting.
                        DIVISION D--SEVERABILITY

                        TITLE XXII--SEVERABILITY

Sec. 2201. Severability.
Sec. 2202. Prohibition on use of Federal property for political 
                            conventions.
Sec. 2203. Improving access to influential visitor access records.
               TITLE XXIII--PREVENTING A PATRONAGE SYSTEM

Sec. 2301. Limitations on exception of competitive service positions.
               DIVISION E--PROTECTING ELECTION OFFICIALS

                       TITLE XXIV--DOJ TASK FORCE

Sec. 2401. Election officials security task force.

          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 the Attorney General shall submit to 
the chairmen and ranking minority members of the appropriate 
congressional committees--
            (1) all materials obtained or produced by the prosecution 
        team, including the Attorney General and any United States 
        Attorney, and all materials obtained or prepared by any 
        investigative agency of the United States government, relating 
        to the offense for which the individual was so pardoned; and
            (2) all materials obtained or produced by the Department of 
        Justice in relation to the pardon.
    (b) Treatment of Information.--Rule 6(e) of the Federal Rules of 
Criminal Procedure may not be construed to prohibit the disclosure of 
information required by subsection (a) of this section.
    (c) Definitions.--In this section:
            (1) 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 target or 
                subject is--
                            (I) the President;
                            (ii) a relative of the President;
                            (iii) any member or former member of the 
                        President's administration;
                            (iv) any person who worked on the 
                        President's presidential campaign as a paid 
                        employee; or
                            (v) in the case of an offense motivated by 
                        a direct and significant personal or pecuniary 
                        interest of any individual described in clause 
                        (I), (ii), (iii), or (iv), any person or 
                        entity;
                    (B) an offense under section 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'' means any family member, up to a 
        third degree relation to the President, or a spouse thereof.

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).
    ``(d) Delay in Trial or Other Legal Proceedings.--In the case of an 
indictment of any person serving as President or Vice President of the 
United States, a trial or other legal proceeding with respect to such 
indictment may be delayed at the discretion of a court of competent 
jurisdiction to the extent that ongoing criminal proceedings would 
interfere with the performance of the defendant's duties while in 
office.
    ``(e) Burden of Proof.--With respect to an exercise of discretion 
under subsection (d), the burden of proof shall be on the defendant to 
demonstrate that an ongoing criminal proceeding would pose a 
substantial burden on the defendant's ability to fulfill the duties of 
the defendant's 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.
    (c) Rule of Construction.--Nothing in this section may be construed 
to preclude the indictment or prosecution of a President or Vice 
President, during that President or Vice President's tenure in office, 
for violations of the criminal laws of the United States.

SEC. 203. CONTRACTS BY THE PRESIDENT, THE VICE PRESIDENT, OR A CABINET 
              MEMBER.

    (a) Amendment.--Section 431 of title 18, United States Code, is 
amended--
            (1) in the section heading, by inserting ``the President, 
        the Vice President, a Cabinet Member, or a'' after ``Contracts 
        by''; and
            (2) in the first undesignated paragraph, by inserting ``the 
        President, the Vice President, or any member of the Cabinet,'' 
        after ``Whoever, being''.
    (b) Table of Sections Amendment.--The table of sections for chapter 
23 of title 18, United States Code, is amended by striking the item 
relating to section 431 and inserting the following:

``431. Contracts by the President, the Vice President, a Cabinet 
                            Member, or a Member of Congress.''.

SEC. 204. FORFEITURE OF BENEFITS FOR FORMER PRESIDENTS CONVICTED OF A 
              FELONY.

    The Act entitled ``An Act to provide retirement, clerical 
assistants, and free mailing privileges to former Presidents of the 
United States, and for other purposes'', approved August 25, 1958 
(commonly known as the ``Former Presidents Act of 1958''; 3 U.S.C. 102 
note), is amended--
            (1) in subsection (a), by striking ``Each former 
        President'' and inserting ``Subject to subsection (h), each 
        former President'';
            (2) in subsection (f), by striking paragraph (2) and 
        inserting:
            ``(2) who has not been impeached by the House of 
        Representatives and convicted by the Senate pursuant to the 
        impeachment.''; and
            (3) by adding at the end the following new subsection:
    ``(h)(1) If a former President is finally convicted of a felony for 
which every act or omission that is needed to satisfy the elements of 
the felony is committed during or after the period such former 
President holds the office of President of the United States of 
America, or was finally convicted of such a felony while holding such 
office--
            ``(A) no monetary allowance under subsection (a) may be 
        provided to such former President;
            ``(B) no funds may be obligated or expended under 
        subsection (g) with respect to such former President except to 
        the extent necessary to maintain the security of such former 
        President, as determined by the Director of the Secret Service; 
        and
            ``(C) such former President shall repay any amounts 
        received under subsection (a) during the period beginning on 
        the date on which such former President is initially convicted 
        of the felony and ending on the date such former President is 
        finally convicted of the felony.
    ``(2) The term `finally convicted' means a conviction--
            ``(A) which has not been appealed and is no longer 
        appealable because the time for taking an appeal has expired; 
        or
            ``(B) which has been appealed and the appeals process for 
        which is completed.''.

SEC. 205. LIMITATION ON NONDISCLOSURE AGREEMENTS.

    The President may not require an officer or employee of the 
Executive Office of the President to enter into a nondisclosure 
agreement that is not related to the protection of classified or 
controlled unclassified information as a condition of employment or 
upon separation from the civil service.

 TITLE III--ENFORCEMENT OF THE FOREIGN AND DOMESTIC EMOLUMENTS CLAUSES 
    OF THE CONSTITUTION AND ACCOUNTABILITY IN ACCESS TO CLASSIFIED 
                              INFORMATION

Subtitle A--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) Reporting Requirements Related to Spouses and Dependent 
Children.--Section 102(e)(1) of the Ethics in Government Act of 1978 (5 
U.S.C. App.) is amended--
            (1) in the matter preceding subparagraph (A), by inserting 
        after ``paragraphs (1) through (5)'' the following: ``and 
        paragraphs (9) through (11)''; and
            (2) by inserting after subparagraph (F) the following:
                    ``(G) In the case of items described in paragraphs 
                (9) and (10) of subsection (a), all information 
                required to be reported under these paragraphs.
                    ``(H) In the case of items described in paragraph 
                (11)(A) of subsection (a), any such items received by 
                spouse or dependant child of the President other than 
                items related to the President's services as President 
                provided for by Federal law, and in the case of items 
                described in paragraph (11)(B) of subsection (a), all 
                information required to be reported under that 
                paragraph.''.
    (c) Rule of Construction.--Nothing in the amendments made by this 
section shall be construed to affect the prohibition against the 
acceptance of presents and emoluments under section 303.

SEC. 306. ENFORCEMENT AUTHORITY OF THE DIRECTOR OF THE OFFICE OF 
              GOVERNMENT ETHICS.

    (a) General Authority.--Section 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.''.

SEC. 308. RULEMAKING FOR ETHICS REQUIREMENTS FOR LEGAL EXPENSE FUNDS.

    (a) In General.--Not later than 1 year after the date of enactment 
of this Act, the Director of the Office of Government Ethics shall 
finalize a rule establishing ethics requirements for the establishment 
or operation of a legal expense fund for the benefit of the President, 
the Vice President, or any political appointee (as such term is defined 
in section 1216 of title 5, United States Code) consistent with the 
requirements of subsection (b).
    (b) Limitations on Acceptance of Certain Payments.--A legal expense 
fund described in subsection (a) may not accept any contribution or 
other payment made by--
            (1) an individual who is a registered lobbyist under the 
        Lobbying Disclosure Act of 1995 (2 U.S.C. 1601 et seq.); or
            (2) an agent of a foreign principal.
In the case of any such contribution being made, the legal expense fund 
shall take appropriate remedial action and the Director of the Office 
of Government Ethics may assess a fine against the individual or agent. 
For purposes of this section, the term ``agent of a foreign principal'' 
has the meaning given such term under section 1 of the Foreign Agents 
Registration Act of 1938, as amended (2 U.S.C. 611).

SEC. 309. LIMITATIONS AND DISCLOSURE OF CERTAIN DONATIONS TO, AND 
              DISBURSEMENTS BY, INAUGURAL COMMITTEES.

    (a) Requirements for Inaugural Committees.--Title III of the 
Federal Election Campaign Act of 1971 (52 U.S.C. 30101 et seq.) is 
amended by adding at the end the following new section:

``SEC. 325. INAUGURAL COMMITTEES.

    ``(a) Prohibited Donations.--
            ``(1) In general.--It shall be unlawful--
                    ``(A) for an Inaugural Committee--
                            ``(i) to solicit, accept, or receive a 
                        donation from a person that is not an 
                        individual; or
                            ``(ii) to solicit, accept, or receive a 
                        donation from a foreign national;
                    ``(B) for a person--
                            ``(i) to make a donation to an Inaugural 
                        Committee in the name of another person, or to 
                        knowingly authorize his or her name to be used 
                        to effect such a donation;
                            ``(ii) to knowingly accept a donation to an 
                        Inaugural Committee made by a person in the 
                        name of another person; or
                            ``(iii) to convert a donation to an 
                        Inaugural Committee to personal use as 
                        described in paragraph (2); and
                    ``(C) for a foreign national to, directly or 
                indirectly, make a donation, or make an express or 
                implied promise to make a donation, to an Inaugural 
                Committee.
            ``(2) Conversion of donation to personal use.--For purposes 
        of paragraph (1)(B)(iii), a donation shall be considered to be 
        converted to personal use if any part of the donated amount is 
        used--
                    ``(A) to fulfill a commitment, obligation, or 
                expense of a person that would exist irrespective of 
                the responsibilities of the Inaugural Committee; or
                    ``(B) to benefit the personal business venture of 
                the President or Vice President of the United States, 
                the Inaugural Committee, or an immediate family member 
                of such individuals.
            ``(3) No effect on disbursement of unused funds to 
        nonprofit organizations.--Nothing in this subsection may be 
        construed to prohibit an Inaugural Committee from disbursing 
        unused funds to an organization which is described in section 
        501(c)(3) of the Internal Revenue Code of 1986 and is exempt 
        from taxation under section 501(a) of such Code.
    ``(b) Limitation on Donations.--
            ``(1) In general.--It shall be unlawful for an individual 
        to make donations to an Inaugural Committee which, in the 
        aggregate, exceed $50,000.
            ``(2) Indexing.--At the beginning of each Presidential 
        election year (beginning with 2028), the amount described in 
        paragraph (1) shall be increased by the cumulative percent 
        difference determined in section 315(c)(1)(A) since the 
        previous Presidential election year. If any amount after such 
        increase is not a multiple of $1,000, such amount shall be 
        rounded to the nearest multiple of $1,000.
    ``(c) Disclosure of Certain Donations and Disbursements.--
            ``(1) Donations over $1,000.--
                    ``(A) In general.--An Inaugural Committee shall 
                file with the Commission a report disclosing any 
                donation by an individual to the committee in an amount 
                of $1,000 or more not later than 24 hours after the 
                receipt of such donation.
                    ``(B) Contents of report.--A report filed under 
                subparagraph (A) shall contain--
                            ``(i) the amount of the donation;
                            ``(ii) the date the donation is received; 
                        and
                            ``(iii) the name and address of the 
                        individual making the donation.
            ``(2) Final report.--Not later than the date that is 90 
        days after the date of the Presidential inaugural ceremony, the 
        Inaugural Committee shall file with the Commission a report 
        containing the following information:
                    ``(A) For each donation of money or anything of 
                value made to the committee in an aggregate amount 
                equal to or greater than $200--
                            ``(i) the amount of the donation;
                            ``(ii) the date the donation is received; 
                        and
                            ``(iii) the name and address of the 
                        individual making the donation.
                    ``(B) The total amount of all disbursements, and 
                all disbursements in the following categories:
                            ``(i) Disbursements made to meet committee 
                        operating expenses.
                            ``(ii) Repayment of all loans.
                            ``(iii) Donation refunds and other offsets 
                        to donations.
                            ``(iv) Any other disbursements.
                    ``(C) The name and address of each person--
                            ``(i) to whom a disbursement in an 
                        aggregate amount or value in excess of $200 is 
                        made by the committee to meet a committee 
                        operating expense, together with date, amount, 
                        and purpose of such operating expense;
                            ``(ii) who receives a loan repayment from 
                        the committee, together with the date and 
                        amount of such loan repayment;
                            ``(iii) who receives a donation refund or 
                        other offset to donations from the committee, 
                        together with the date and amount of such 
                        disbursement; and
                            ``(iv) to whom any other disbursement in an 
                        aggregate amount or value in excess of $200 is 
                        made by the committee, together with the date 
                        and amount of such disbursement.
    ``(d) Violation.--A violation of this section may be enforced 
pursuant to the practice and procedure described under section 309 of 
the Federal Election Campaign Act of 1971 (52 U.S.C. 30109).
    ``(e) Rule of Construction.--Nothing in this section may be 
construed to limit the authority of a Federal agency to enforce a 
Federal law with respect to an Inaugural Committee.
    ``(f) Definitions.--For purposes of this section:
            ``(1)(A) The term `donation' includes--
                    ``(i) any gift, subscription, loan, advance, or 
                deposit of money or anything of value made by any 
                person to the committee; or
                    ``(ii) the payment by any person of compensation 
                for the personal services of another person which are 
                rendered to the committee without charge for any 
                purpose.
            ``(B) The term `donation' does not include the value of 
        services provided without compensation by any individual who 
        volunteers on behalf of the committee.
            ``(2) The term `foreign national' has the meaning given 
        that term by section 319(b).
            ``(3) The term `immediate family member' means a parent, 
        parent-in-law, spouse, adult child, or sibling.
            ``(4) The term `Inaugural Committee' has the meaning given 
        that term by section 501 of title 36, United States Code.''.
    (b) Confirming Amendment Related to Reporting Requirements.--
Section 304 of the Federal Election Campaign Act (52 U.S.C. 30104) is 
amended--
            (1) by striking subsection (h); and
            (2) by redesignating subsection (i) as subsection (h).
    (c) Conforming Amendment Related to Status of Committee.--Section 
510 of title 36, United States Code, is amended to read as follows:
``Sec. 510. Disclosure of and prohibition on certain donations
    ``A committee shall not be considered to be the Inaugural Committee 
for purposes of this chapter unless the committee agrees to, and meets, 
the requirements of section 325 of the Federal Election Campaign Act of 
1971.''.
    (d) Effective Date.--The amendments made by this section shall 
apply with respect to Inaugural Committees established under chapter 5 
of title 36, United States Code, for inaugurations held in 2025 and any 
succeeding year.

     Subtitle B--Accountability in Access to Classified Information

SEC. 311. TRANSPARENCY IN ACCESS TO CLASSIFIED INFORMATION DURING 
              PRESIDENTIAL TRANSITIONS.

    The Presidential Transition Act of 1963 (3 U.S.C. 102 note) is 
amended in section 3(f) by adding at the end the following:
            ``(3) Not later than 10 days after submitting an 
        application for a security clearance for any individual, and 
        not later than 10 days after any such individual is granted a 
        security clearance (including an interim clearance), each 
        eligible candidate (as that term is described in subsection 
        (h)(4)(A)) or the President-elect (as the case may be) shall 
        submit a report containing the name of such individual to the 
        Committee on Oversight and Reform of the House of 
        Representatives, the Committee on Homeland Security and 
        Governmental Affairs of the Senate, the Permanent Select 
        Committee on Intelligence of the House of Representatives, and 
        the Select Committee on Intelligence of the Senate.''.

SEC. 312. TRANSPARENCY IN FAMILY ACCESS TO CLASSIFIED INFORMATION.

    (a) In General.--Not later than 10 days after submitting an 
application for a security clearance for any covered individual, and 
not later than 10 days after any covered individual is granted a 
security clearance (including an interim clearance), the President or 
head of the applicable agency shall submit a written notice of such 
application or approval (as the case may be) to the Committee on 
Oversight and Reform of the House of Representatives, the Committee on 
Homeland Security and Governmental Affairs of the Senate, the Permanent 
Select Committee on Intelligence of the House of Representatives, and 
the Select Committee on Intelligence of the Senate.
    (b) Covered Individual Defined.--In this section, the term 
``covered individual'' means a spouse, child, or child-in-law 
(including adult children and children-in-law) of the President.

    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's 
        ``power of inquiry--with process to enforce it--is an essential 
        and appropriate auxiliary to the legislative function''. 
        Congress's power to obtain information, including through the 
        issuance of subpoenas and the enforcement of such subpoenas, is 
        ``broad and indispensable''.
            (2) Congress ``suffers a concrete and particularized injury 
        when denied the opportunity to obtain information necessary'' 
        to the exercise of its constitutional functions, as the 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.
            ``(4) The initial pleading must be accompanied by 
        certification that the party bringing the action has in good 
        faith conferred or attempted to confer with the recipient of 
        the subpoena to secure compliance with the subpoena without 
        court action.
    ``(c) Penalties.--
            ``(1) Cases involving government agencies.--
                    ``(A) In general.--The court may impose monetary 
                penalties directly against each head of a Government 
                agency and the head of each component thereof held to 
                have knowingly failed to comply with any part of a 
                congressional subpoena, unless--
                            ``(I) the President instructed the official 
                        not to comply; and
                            ``(ii) the President, or the head of the 
                        agency or component thereof, submits to the 
                        court a letter confirming such instruction and 
                        the basis for such instruction.
                    ``(B) Prohibition on use of government funds.--No 
                appropriated funds, funds provided from any accounts in 
                the Treasury, funds derived from the collection of 
                fees, or other Government funds shall be used to pay 
                any monetary penalty imposed by the court pursuant to 
                this paragraph.
            ``(2) Legal fees.--In addition to any other penalties or 
        sanctions, the court shall require that any defendant, other 
        than a Government agency, held to have willfully failed to 
        comply with any part of a congressional subpoena, pay a penalty 
        in an amount equal to that party's legal fees, including 
        attorney's fees, litigation expenses, and other costs. If such 
        defendant is an officer or employee of a Government agency, 
        such fees may be paid from funds appropriated to pay the salary 
        of the defendant.
    ``(d) Waiver.--Any ground for noncompliance asserted by the 
recipient of a congressional subpoena shall be deemed to have been 
waived as to any particular information withheld from production if the 
court finds that the recipient failed in a timely manner to comply with 
the applicable requirements of section 105(b) of the Revised Statutes 
of the United States with respect to such information.
    ``(e) Rules of Procedure.--The Supreme Court 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.''.
    (b) Clerical Amendment.--The table of contents for chapter 7 of 
title II of the Revised Statutes of the United States is amended by 
adding at the end the following:

``105. Response to congressional subpoenas.''.

SEC. 405. RULE OF CONSTRUCTION.

    Nothing in this title may be interpreted to limit or constrain 
Congress' inherent authority or foreclose any other means for enforcing 
compliance with congressional subpoenas, nor may anything in this title 
be interpreted to establish or recognize any ground for noncompliance 
with a congressional subpoena.

SEC. 406. ENFORCEMENT OF REQUESTS FOR INFORMATION FROM CERTAIN 
              COMMITTEES OF CONGRESS.

    For purposes of remedying any failure to comply with a request 
under section 2954 of title 5, United States Code, section 1365a of 
title 28, United States Code (as added by section 403), and section 105 
of the Revised Statutes of the United States (as added by section 404) 
shall apply to such a request.

         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 (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 for 
        apportioned amounts.
            ``(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 referenced in any 
        apportionment at the request of the chair or ranking member of 
        any appropriate congressional committee or subcommittee.
            ``(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 Committees on 
        Appropriations of the House of Representatives and the Senate, 
        the Committees on the Budget of the House of Representatives 
        and the Senate, and any other appropriate congressional 
        committee 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 the Comptroller General's 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 
        Comptroller General issues a legal decision concluding that a 
        department, agency, or office of the United States violated 
        this part, the President or the head of the relevant department 
        or agency as the case may be, shall report immediately to 
        Congress all relevant facts and a statement of actions taken. A 
        copy of each report shall also be transmitted to the 
        Comptroller General and the relevant inspector general on the 
        same date the report is transmitted to the Congress.
            ``(2) Contents.--Any such report shall include a summary of 
        the facts pertaining to the violation, the title and Treasury 
        Appropriation Fund Symbol of the appropriation or fund account, 
        the amount involved for each violation, the date on which the 
        violation occurred, the position of any individuals responsible 
        for the violation, a statement of the administrative discipline 
        imposed and any further action taken with respect to any 
        officer or employee involved in the violation, a statement of 
        any additional action taken to prevent recurrence of the same 
        type of violation, and any written response by any officer or 
        employee identified by position as involved in the violation. 
        In the case that the Comptroller General issues a legal 
        decision concluding that a department, agency, or office of the 
        United States violated this part and the relevant department, 
        agency, or office does not agree that a violation has occurred, 
        the report provided to Congress, the Comptroller General, and 
        relevant inspector general will explain its position.''.
    (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 2023 
        through 2027, 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 unobligated expired 
                balances in any Treasury Appropriation Fund Symbol or 
                fund account that exceed the lesser of 5 percent of 
                total appropriations made available for that account or 
                $100,000,000.''.

SEC. 512. CANCELLED BALANCE REPORTING IN THE PRESIDENT'S BUDGET.

    Section 1105(a) of title 31, United States Code, as amended by 
section 511, is further amended by adding at the end the following:
            ``(41) for the budgets for each of fiscal years 2023 
        through 2027, 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 for which amounts 
                were not available; and
                    ``(B) with respect to any such obligation or 
                expenditure--
                            ``(I) the amount so obligated or expended;
                            ``(ii) the account affected;
                            ``(iii) an explanation of the 
                        Antideficiency Act exception or other legal 
                        authority that permitted the department or 
                        agency, as the case may be, to incur such 
                        obligation or expenditure; and
                            ``(iv) an explanation of any change in the 
                        application of any 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 2023, 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.''.

SEC. 516. WHITE HOUSE EMPLOYEE INFORMATION.

    Not later than 90 days after the date of the enactment of this Act 
and updated not less frequently than annually thereafter, the Executive 
Office of the President shall make available on a publicly available 
website in an easily searchable and downloadable format the following 
information:
            (1) The annual salary of each White House employee, which 
        shall be updated quarterly, and the following:
                    (A) The number of employees who are paid at a rate 
                of basic pay equal to or greater than the rate of basic 
                pay then currently paid for level V of the Executive 
                Schedule of section 5316 of title 5 and who are 
                employed in the White House Office, the Executive 
                Residence at the White House, the Office of the Vice 
                President, the Domestic Policy Staff, or the Office of 
                Administration, and the aggregate amount paid to such 
                employees.
                    (B) The number of employees employed in such 
                offices who are paid at a rate of basic pay which is 
                equal to or greater than the minimum rate of basic pay 
                then currently paid for GS-16 of the General Schedule 
                of section 5332 of title 5, United States Code, but 
                which is less than the rate then currently paid for 
                level V of the Executive Schedule of section 5316 of 
                such title and the aggregate amount paid to such 
                employees.
                    (C) The number of employees employed in such 
                offices who are paid at a rate of basic pay which is 
                less than the minimum rate then currently paid for GS-
                16 of the General Schedule of section 5332 of title 5, 
                United States Code, and the aggregate amount paid to 
                such employees.
                    (D) The number of individuals detailed under 
                section 112 of title 3, United States Code, for more 
                than 30 days to each such office, the number of days in 
                excess of 30 each individual was detailed, and the 
                aggregate amount of reimbursement made as provided by 
                the provisions of section 112 of such title.
                    (E) The number of individuals whose services as 
                experts or consultants are procured under chapter 2 
                title 3, United States Code, for service in any such 
                office, the total number of days employed, and the 
                aggregate amount paid to procure such services.
            (2) The most recent financial disclosure statement for each 
        White House employee filed pursuant to the Ethics in Government 
        Act of 1978 (5 U.S.C. App.), which shall be updated annually.

SEC. 517. MACHINE-READABLE FORMAT REQUIRED FOR AGENCY REPORTS.

    Any report required to be submitted to Congress by an executive 
agency shall be submitted in machine-readable format, unless each 
committee of Congress to whom the report is submitted waives the 
requirement.

      PART 2--EMPOWERING CONGRESSIONAL REVIEW THROUGH NONPARTISAN 
          CONGRESSIONAL AGENCIES AND TRANSPARENCY INITIATIVES

SEC. 521. REQUIREMENT TO RESPOND TO REQUESTS FOR INFORMATION FROM THE 
              COMPTROLLER GENERAL FOR BUDGET AND APPROPRIATIONS LAW 
              DECISIONS.

    (a) In General.--Subchapter II of chapter 7 of title 31, United 
States Code, is amended by adding at the end the following:

``SEC. 722. REQUIREMENT TO RESPOND TO REQUESTS FOR INFORMATION FROM THE 
              COMPTROLLER GENERAL FOR BUDGET AND APPROPRIATIONS LAW 
              DECISIONS.

    ``(a) If an agency receives a written request for information, 
documentation, or views from the Comptroller General relating to a 
decision or opinion on budget or appropriations law, the agency shall 
provide the requested information, documentation, or views not later 
than 20 days after receiving the written request, unless such written 
request specifically provides otherwise.
    ``(b) If an agency fails to provide the requested information, 
documentation, or views within the time required by 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 such failure; and
            ``(2) the Comptroller General is hereby expressly 
        empowered, through attorneys of the Comptroller General's 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 
                            Comptroller General for budget and 
                            appropriations law decisions.''.

SEC. 522. REPORTING REQUIREMENTS FOR ANTIDEFICIENCY ACT VIOLATIONS.

    (a) Violations of Section 1341 or 1342.--Section 1351 of title 31, 
United States Code, is amended--
            (1) by striking ``If'' and inserting ``(a) If'';
            (2) by inserting ``or if the Comptroller General determines 
        that an officer or employee of such entity violated section 
        1341(a) or 1342,'' before ``the head of the agency'';
            (3) by striking ``the Comptroller General'' and inserting 
        ``the Comptroller General and the Attorney General''; and
            (4) by adding at the end the following:
    ``(b) Any such report shall include a statement of the provision 
violated, a summary of the facts pertaining to the violation, the title 
and Treasury Appropriation Fund Symbol of the appropriation or fund 
account, the amount involved for each violation, the date on which the 
violation occurred, the position of any officer or employee responsible 
for the violation, a statement of the administrative discipline imposed 
and any further action taken with respect to any officer or employee 
involved in the violation, a statement of any additional action taken 
to prevent recurrence of the same type of violation, a statement of any 
determination that the violation was not knowing and willful that has 
been made by the entity filing the report, and any written response by 
any officer or employee identified by position as involved in the 
violation. In the case that the Comptroller General issues a legal 
decision concluding that section 1341(a) or 1342 was violated and the 
entity filing the report, 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) by inserting ``or if the Comptroller General determines 
        that an officer or employee of such entity violated subsection 
        (a),'' before ``the head of the executive agency'';
            (2) by striking ``the Comptroller General'' and inserting 
        ``the Comptroller General and the Attorney General''; and
            (3) by adding at the end the following:
    ``(c) Any such report shall include a statement of the provision 
violated, a summary of the facts pertaining to the violation, the title 
and Treasury Appropriation Fund Symbol of the appropriation or fund 
account, the amount involved for each violation, the date on which the 
violation occurred, the position of any officer or employee responsible 
for the violation, a statement of the administrative discipline imposed 
and any further action taken with respect to any officer or employee 
involved in the violation, a statement of any additional action taken 
to prevent recurrence of the same type of violation, a statement of any 
determination that the violation was not knowing and willful that has 
been made by the entity filing the report, and any written response by 
any officer or employee identified by position as involved in the 
violation. In the case that the Comptroller General issues a legal 
decision concluding that subsection (a) was violated and the entity 
filing the report 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 a report is made under section 1351 of 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 reporting entity--
            ``(A) the number of reports under section 1351 transmitted 
        to the President during the preceding calendar year;
            ``(B) the number of reports reviewed in accordance with 
        paragraph (1) during the preceding calendar year;
            ``(C) without identification of any individual officer or 
        employee, a description of each investigation undertaken in 
        accordance with paragraph (1) during the preceding calendar 
        year and an explanation of the status of any such 
        investigation; and
            ``(D) without identification of any individual officer or 
        employee, an explanation of any update to the status of any 
        review or investigation previously reported pursuant to this 
        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 a report is made under section 1517(b) of 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 reporting entity--
            ``(A) the number of reports under section 1517(b) 
        transmitted to the President during the preceding calendar 
        year;
            ``(B) the number of reports reviewed in accordance with 
        paragraph (1) during the preceding calendar year;
            ``(C) without identification of any individual officer or 
        employee, a description of each investigation undertaken in 
        accordance with paragraph (1) during the preceding calendar 
        year and an explanation of the status of any such 
        investigation; and
            ``(D) without identification of any individual officer or 
        employee, an explanation of any update to the status of any 
        review or investigation previously reported pursuant to this 
        subsection.''.

SEC. 524. PUBLICATION OF BUDGET OR APPROPRIATIONS LAW OPINIONS OF THE 
              DEPARTMENT OF JUSTICE OFFICE OF LEGAL COUNSEL.

    (a) Schedule of Publication for Final OLC Opinions.--Each final 
opinion issued by the Office of Legal Counsel of the Department of 
Justice (final OLC opinion) shall be made available on its public 
website in a manner that is searchable, sortable, and downloadable in 
its entirety as soon as is practicable, but--
            (1) not later than 30 days after the opinion is issued or 
        updated if such action takes place on or after the date of 
        enactment of this Act;
            (2) not later than 1 year after the date of enactment of 
        this Act for an opinion issued on or after January 20, 1993;
            (3) not later than 2 years after the date of enactment of 
        this Act for an opinion issued on or after January 20, 1981, 
        and before or on January 19, 1993;
            (4) not later than 3 years after the date of enactment of 
        this Act for an opinion issued on or after January 20, 1969, 
        and before or on January 19, 1981; and
            (5) not later than 4 years after the date of enactment of 
        this Act for all other opinions.
    (b) Exceptions and Limitation on Public Availability of Final OLC 
Opinions.--
            (1) In general.--A final OLC opinion or part thereof may be 
        withheld only to the extent--
                    (A) information contained in the opinion was--
                            (I) specifically authorized to be kept 
                        secret, under criteria established by an 
                        Executive order, in the interest of national 
                        defense or foreign policy;
                            (ii) properly classified, including all 
                        procedural and marking requirements, pursuant 
                        to such Executive order;
                            (iii) the Attorney General determines that 
                        the national defense or foreign policy 
                        interests protected outweigh the public's 
                        interest in access to the information; and
                            (iv) put through declassification review 
                        within the past two years;
                    (B) information contained in the opinion relates to 
                the appointment of a specific individual not confirmed 
                to Federal office;
                    (C) information contained in the opinion is 
                specifically exempted from disclosure by statute (other 
                than sections 552 and 552b of title 5, United States 
                Code), if such statute--
                            (I) requires that the material be withheld 
                        in such a manner as to leave no discretion on 
                        the issue; or
                            (ii) establishes particular criteria for 
                        withholding or refers to particular types of 
                        material to be withheld;
                    (D) information in the opinion includes trade 
                secrets and commercial or financial information 
                obtained from a person and privileged or confidential 
                whose disclosure would likely cause substantial harm to 
                the competitive position of the person from whom the 
                information was obtained;
                    (E) the President, in his or her sole and 
                nondelegable determination, formally and personally 
                claims in writing that executive privilege prevents the 
                release of the information and disclosure would cause 
                specific identifiable harm to an interest protected by 
                an exception or the disclosure is prohibited by law; or
                    (F) information in the opinion includes personnel 
                and medical files and similar files the disclosure of 
                which would constitute a clearly unwarranted invasion 
                of personal privacy.
            (2) Determination to withhold.--Any determination under 
        this subsection to withhold information contained in a final 
        OLC opinion shall be made by the Attorney General or a designee 
        of the Attorney General. The determination shall be--
                    (A) in writing;
                    (B) made available to the public within the same 
                timeframe as is required of a formal OLC opinion;
                    (C) sufficiently detailed as to inform the public 
                of what kind of information is being withheld and the 
                reason therefore; and
                    (D) effective only for a period of 3 years, subject 
                to review and reissuance, with each reissuance made 
                available to the public.
            (3) Final opinions.--For final OLC opinions for which the 
        text is withheld in full or in substantial part, a detailed 
        unclassified summary of the opinion shall be made available to 
        the public, in the same timeframe as required of the final OLC 
        opinion, that conveys the essence of the opinion, including any 
        interpretations of a statute, the Constitution, or other legal 
        authority. A notation shall be included in any published list 
        of final OLC opinions regarding the extent of the withholdings.
            (4) No limitation on freedom of information.--Nothing in 
        this subsection shall be construed as limiting the availability 
        of information under section 552 of title 5, United States Code 
        or construed as an exemption under paragraph (3) of subsection 
        (b) of such section.
            (5) No limitation on relief.--A decision by the Attorney 
        General to release or withhold information pursuant to this 
        title shall not preclude any action or relief conferred by 
        statutory or regulatory regime that empowers any person to 
        request or demand the release of information.
            (6) Reasonably segregable portions of opinions to be 
        published.--Any reasonably segregable portion of an opinion 
        shall be provided after withholding of the portions which are 
        exempt under this section. The amount of information withheld, 
        and the exemption under which the withholding is made, shall be 
        indicated on the released portion of the opinion, unless 
        including that indication would harm an interest protected by 
        the exemption in this paragraph under which the withholding is 
        made. If technically feasible, the amount of the information 
        withheld, and the exemption under which the withholding is 
        made, shall be indicated at the place in the opinion where such 
        withholding is made.
    (c) Method of Publication.--The Attorney General shall publish each 
final OLC opinion to the extent the law permits, including by 
publishing the opinions on a publicly accessible website that--
            (1) with respect to each opinion--
                    (A) contains an electronic copy of the opinion, 
                including any transmittal letter associated with the 
                opinion, in an open format that is platform independent 
                and that is available to the public without 
                restrictions;
                    (B) provides the public the ability to retrieve an 
                opinion, to the extent practicable, through searches 
                based on--
                            (I) the title of the opinion;
                            (ii) the date of publication or revision; 
                        or
                            (iii) the full text of the opinion;
                    (C) identifies the time and date when the opinion 
                was required to be published, and when the opinion was 
                transmitted for publication; and
                    (D) provides a permanent means of accessing the 
                opinion electronically;
            (2) includes a means for bulk download of all final OLC 
        opinions or a selection of opinions retrieved using a text-
        based search;
            (3) provides free access to the opinions, and does not 
        charge a fee, require registration, or impose any other 
        limitation in exchange for access to the website; and
            (4) is capable of being upgraded as necessary to carry out 
        the purposes of this section.
    (d) Definitions.--In this section:
            (1) OLC opinion.--The term ``OLC opinion'' means views on a 
        matter of legal interpretation communicated by the Office of 
        Legal Counsel of the Department of Justice to any other office 
        or agency, or person in an office or agency, in the Executive 
        Branch, including any office in the Department of Justice, the 
        White House, or the Executive Office of the President, and 
        rendered in accordance with sections 511-513 of title 28, 
        United States Code, and relating to--
                    (A) subtitles II, III, V, or VI of title 31, United 
                States Code;
                    (B) the Balanced Budget and Emergency Deficit 
                Control Act of 1985;
                    (C) the Congressional Budget and Impoundment 
                Control Act of 1974; or
                    (D) any appropriations Act, continuing resolution, 
                or other provision of law providing or governing 
                appropriations or budget authority.
            (2) Final olc opinion.--The term ``final OLC opinion'' 
        means an OLC opinion that--
                    (A) the Attorney General, Assistant Attorney 
                General for the Office of Legal Counsel, or a Deputy 
                Assistant Attorney General for the Office of Legal 
                Counsel, has determined is final; or
                    (B) is cited in another Office of Legal Counsel 
                opinion.

SEC. 525. TREATMENT OF REQUESTS FOR INFORMATION FROM MEMBERS OF 
              CONGRESS.

    Section 552(d) of title 5, United States Code, is amended by 
inserting ``, or any member thereof,'' after ``Congress''.

   Subtitle C--Strengthening Congressional Role in and Oversight of 
                Emergency Declarations and Designations

SEC. 531. IMPROVING CHECKS AND BALANCES ON THE USE OF THE NATIONAL 
              EMERGENCIES ACT.

    (a) Requirements Relating to Declaration and Renewal of National 
Emergencies.--Title II of the National Emergencies Act (50 U.S.C. 1621 
et seq.) is amended by striking sections 201 and 202 and inserting the 
following:

``SEC. 201. DECLARATIONS OF NATIONAL EMERGENCIES.

    ``(a) Authority To Declare National Emergencies.--With respect to 
Acts of Congress authorizing the exercise, during the period of a 
national emergency, of any special or extraordinary power, the 
President is authorized to declare such a national emergency by 
proclamation. Such proclamation shall immediately be transmitted to 
Congress and published in the Federal Register.
    ``(b) Specification of Provisions of Law To Be Exercised and 
Reporting.--No powers or authorities made available by statute for use 
during the period of a national emergency shall be exercised unless and 
until the President specifies the provisions of law under which the 
President proposes that the President or other officers will act in--
            ``(1) a proclamation declaring a national emergency under 
        subsection (a); or
            ``(2) one or more Executive orders relating to the 
        emergency published in the Federal Register and transmitted to 
        Congress.
    ``(c) Prohibition on Subsequent Actions if Emergencies Not 
Approved.--
            ``(1) Subsequent declarations.--If a joint resolution of 
        approval is not enacted under section 203 with respect to a 
        national emergency before the expiration of the period 
        described in section 202(a), or with respect to a national 
        emergency proposed to be renewed under section 202(b), the 
        President may not, during the remainder of the term of office 
        of that President, declare a subsequent national emergency 
        under subsection (a) with respect to substantially the same 
        circumstances.
            ``(2) Exercise of authorities.--If a joint resolution of 
        approval is not enacted under section 203 with respect to a 
        power or authority specified by the President under subsection 
        (b) with respect to a national emergency, the President may 
        not, during the remainder of the term of office of that 
        President, exercise that power or authority with respect to 
        that emergency.
    ``(d) Effect of Future Laws.--No law enacted after the date of the 
enactment of the Congressional Power of the Purse Act shall supersede 
this title unless it does so in specific terms, referring to this 
title, and declaring that the new law supersedes the provisions of this 
title.
    ``(e) Limitations.--
            ``(1) In general.--Any emergency powers invoked by the 
        President pursuant to a national emergency declared under this 
        section shall relate to the nature of, and may be used only to 
        address, that emergency.
            ``(2) Authorization or funding withheld.--No authority 
        available to the President during a national emergency declared 
        under this section may be used to provide authorization or 
        funding for any program, project, or activity for which 
        Congress, on or after the date of the events giving rise to the 
        emergency declaration, has withheld authorization or funding.

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

    ``(a) Temporary Effective Periods.--
            ``(1) In general.--Unless previously terminated pursuant to 
        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, 
                including a joint resolution of termination defined in 
                section 203, terminating the emergency;
                    ``(D) the date specified in a proclamation of the 
                President terminating the emergency; or
                    ``(E) the date provided for in section 204.
            ``(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 and Joint Resolutions of 
Termination Defined.--In this section, the term `joint resolution of 
approval or joint resolution of termination' 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).
            ``(2) A provision approving a list of all or a portion of 
        the provisions of law specified by the President under section 
        201(b) in the proclamations or Executive orders that are the 
        subject of the joint resolution.
    ``(b) Joint Resolution of Termination Defined.--In this section, 
the term `joint resolution of termination' means a resolution 
introduced in the House or Senate to terminate--
            ``(1) a national emergency declared under this Act; or
            ``(2) the exercise of any authorities pursuant to that 
        emergency.
    ``(c) Procedures for Consideration of Joint Resolutions of Approval 
and Joint Resolutions of Termination.--
            ``(1) Introduction.--After the President transmits to 
        Congress a proclamation declaring a national emergency under 
        section 201(a), or an Executive order specifying emergency 
        powers or authorities under section 201(b)(2) or renewing a 
        national emergency under section 202(b), a joint resolution of 
        approval or joint resolution of termination may be introduced 
        in either House of Congress by any member of that House.
            ``(2) Consideration in senate.--In the Senate, the 
        following shall apply:
                    ``(A) Committee referral.--A joint resolution of 
                approval or joint resolution of termination shall be 
                referred to the appropriate committee or committees.
                    ``(B) Reporting and discharge.--If the committee to 
                which a joint resolution of approval or joint 
                resolution of termination has been referred has not 
                reported it at the end of 10 calendar days after its 
                introduction, that committee shall be discharged from 
                further consideration of the resolution and it shall be 
                placed on the calendar.
                    ``(C) Proceeding to consideration.--Notwithstanding 
                Rule XXII of the Standing Rules of the Senate, when a 
                committee to which a joint resolution of approval or 
                joint resolution of termination is referred has 
                reported the resolution, or when that committee is 
                discharged under subparagraph (B) from further 
                consideration of the resolution, it is at any time 
                thereafter in order to move to proceed to the 
                consideration of the joint resolution, and all points 
                of order against the joint resolution (and against the 
                motion to proceed to the consideration of the joint 
                resolution) are waived. The motion to proceed shall be 
                debatable for 4 hours evenly divided between proponents 
                and opponents of the joint resolution of approval or 
                joint resolution of termination. The motion is not 
                subject to amendment, or to a motion to postpone, or to 
                a motion to proceed to the consideration of other 
                business. A motion to reconsider the vote by which the 
                motion is agreed to or disagreed to shall not be in 
                order. If a motion to proceed to the consideration of a 
                joint resolution of approval or joint resolution of 
                termination is agreed to, the joint resolution shall 
                remain the unfinished business of the Senate until 
                disposed of.
                    ``(D) Floor consideration.--There shall be 10 hours 
                of consideration on a joint resolution of approval or 
                joint resolution of termination, to be divided evenly 
                between the proponents and opponents of the joint 
                resolution. Of that 10 hours, there shall be a total of 
                2 hours of debate on any debatable motions in 
                connection with the joint resolution, to be divided 
                evenly between the proponents and opponents of the 
                joint resolution.
                    ``(E) Amendments.--No amendments shall be in order 
                with respect to a joint resolution of approval or joint 
                resolution of termination in the Senate.
                    ``(F) Motion to reconsider vote on passage.--A 
                motion to reconsider a vote on passage of a joint 
                resolution of approval or joint resolution of 
                termination shall not be in order.
                    ``(G) Appeals.--Points of order and appeals from 
                the decision of the Presiding Officer shall be decided 
                without debate.
            ``(3) Consideration in house of representatives.--In the 
        House of Representatives, the following shall apply:
                    ``(A) Reporting and discharge.--If any committee to 
                which a joint resolution of approval or joint 
                resolution of termination has been referred has not 
                reported it to the House within seven legislative days 
                after the date of referral such committee shall be 
                discharged from further consideration of the joint 
                resolution.
                    ``(B)(I) Proceeding to consideration.--Beginning on 
                the third legislative day after each committee to which 
                a joint resolution of approval or joint resolution of 
                termination has been referred reports it to the House 
                or has been discharged from further consideration 
                thereof, it shall be in order to move to proceed to 
                consider the joint resolution of approval or joint 
                resolution of termination in the House. All points of 
                order against the motion are waived. Such a motion 
                shall not be in order after the House has disposed of 
                another motion to proceed on the joint resolution of 
                approval or joint resolution of termination. The 
                previous question shall be considered as ordered on the 
                motion to its adoption without intervening motion. The 
                motion shall not be debatable. A motion to reconsider 
                the vote by which the motion is disposed of shall not 
                be in order.
                    ``(ii) Motion.--A motion to proceed to the 
                consideration of a joint resolution of approval of an 
                Executive order described in subsection (a)(1) or a 
                list described in subsection (a)(2) shall not be in 
                order 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 or joint resolution of termination shall be 
                considered as read. All points of order against the 
                joint resolution of approval or joint resolution of 
                termination and against its consideration are waived. 
                The previous question shall be considered as ordered on 
                the joint resolution of approval or joint resolution of 
                termination to final passage without intervening motion 
                except two hours of debate equally divided and 
                controlled by the sponsor of the joint resolution of 
                approval or joint resolution of termination (or a 
                designee) and an opponent. A motion to reconsider the 
                vote on passage of the joint resolution of approval or 
                joint resolution of termination shall not be in order.
            ``(4) Coordination with action by other house.--
                    ``(A) In general.--If, before the passage by one 
                House of a joint resolution of approval or joint 
                resolution of termination of that House, that House 
                receives from the other House a joint resolution of 
                approval or joint resolution of termination with regard 
                to the same proclamation or Executive order, then the 
                following procedures shall apply:
                            ``(I) The joint resolution of approval or 
                        joint resolution of termination of the other 
                        House shall not be referred to a committee.
                            ``(ii) With respect to a joint resolution 
                        of approval or joint resolution of termination 
                        of the House receiving the joint resolution--
                                    ``(I) the procedure in that House 
                                shall be the same as if no joint 
                                resolution of approval or joint 
                                resolution of termination had been 
                                received from the other House; but
                                    ``(II) the vote on passage shall be 
                                on the joint resolution of approval or 
                                joint resolution of termination of the 
                                other House.
                            ``(iii) Upon the failure of passage of the 
                        joint resolution of approval or joint 
                        resolution of termination of the other House, 
                        the question shall immediately occur on passage 
                        of the joint resolution of approval or joint 
                        resolution of termination of the receiving 
                        House.
                    ``(B) Treatment of legislation of other house.--If 
                one House fails to introduce a joint resolution of 
                approval or joint resolution of termination under this 
                section, the joint resolution of approval or joint 
                resolution of termination of the other House shall be 
                entitled to expedited floor procedures under this 
                section.
                    ``(C) Application to revenue measures.--The 
                provisions of this paragraph shall not apply in the 
                House of Representatives to a joint resolution of 
                approval or joint resolution of termination which is a 
                revenue measure.
            ``(5) Treatment of veto message.--Debate on a veto message 
        in the Senate under this section shall be 1 hour evenly divided 
        between the majority and minority leaders or their designees.
    ``(d) Rule of Construction.--The enactment of a joint resolution of 
approval or joint resolution of termination under this section shall 
not be interpreted to serve as a grant or modification by Congress of 
statutory authority for the emergency powers of the President.
    ``(e) Rules of the House and Senate.--This section is enacted by 
Congress--
            ``(1) as an exercise of the rulemaking power of the Senate 
        and the House of Representatives, respectively, and as such is 
        deemed a part of the rules of each House, respectively, but 
        applicable only with respect to the procedure to be followed in 
        the House in the case of joint resolutions described in this 
        section, and supersedes other rules only to the extent that it 
        is inconsistent with such other rules; and
            ``(2) with full recognition of the constitutional right of 
        either House to change the rules (so far as relating to the 
        procedure of that House) at any time, in the same manner, and 
        to the same extent as in the case of any other rule of that 
        House.

``SEC. 204. BAR ON PERMANENT EMERGENCIES.

    ``(a) In General.--Any national emergency declared by the President 
under section 201(a), and not otherwise terminated, shall automatically 
terminate on the date that is 5 years after the date of its 
declaration.
    ``(b) Emergencies Already in Effect.--Any national emergency 
declaration that remains in force as of the date of the enactment of 
this section and--
            ``(1) has been in effect for 3 years or fewer as of such 
        date, shall automatically terminate on the date that is 5 years 
        after the date of the enactment of this section; or
            ``(2) has been in effect for more than 3 years as of such 
        date, shall automatically terminate on the date that is 2 years 
        after the date of the enactment of this section.
    ``(c) Effect of Termination.--If a national emergency declaration 
terminates pursuant to this section, no emergency may subsequently be 
declared based on substantially the same circumstances.

``SEC. 205. 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) Conforming Amendments.--
            (1) National emergencies act.--Title III of the National 
        Emergencies Act (50 U.S.C. 1631) is repealed.
            (2) International emergency economic powers act.--Section 
        207 of the International Emergency Economic Powers Act (50 
        U.S.C. 1706) is amended by adding at the end the following:
    ``(c) In this section, the term `National Emergencies Act' means 
the National Emergencies Act, as in effect on the day before the date 
of the enactment of the Congressional Power of the Purse Act.''.
    (d) 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. CONGRESSIONAL DESIGNATIONS.

    (a) Repeal of Overseas Contingency Operations/Global War on 
Terrorism Designation.--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 the subparagraph heading, by striking ``; overseas 
        contingency operations/global war on terrorism''; and
            (2) by striking ``that--'' and all that follows through the 
        period at the end and inserting the following: ``that the 
        Congress designates as emergency requirements in statute, the 
        adjustment shall be the total of such appropriations in 
        discretionary accounts designated as emergency requirements.''.
    (b) Effective Date.--The amendments made by subsection (a) shall 
take effect on the later of October 1, 2021 or the date of enactment of 
this Act.

       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); and
                    (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, April 30, July 30, and October 30 of each year, the 
        Attorney General shall submit to the Office of the Inspector 
        General of the Department of Justice a report containing the 
        communications log for the 3-month period preceding that 
        January, April, July, or October.
            (2) Notice of inappropriate or improper communications.--
        The Office of the Inspector General of the Department of 
        Justice shall--
                    (A) review each communications log received under 
                paragraph (1)(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.
    (d) Rule of Construction.--Nothing in this section may be construed 
to limit the valid written assertion by the President of presidential 
communications privilege with regard to any material required to be 
submitted under this section.

SEC. 604. RULE OF CONSTRUCTION.

    Nothing in this title may be construed to affect any requirement to 
report pursuant to title I of this Act, or the amendments made by that 
title.

          TITLE VII--PROTECTING 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.''.

SEC. 703. REMOVAL OR TRANSFER REQUIREMENTS.

    (a) Reasons for Removal or Transfer.--Section 3(b) of the Inspector 
General Act of 1978 (5 U.S.C. App.), as amended by section 702, is 
further amended--
            (1) in paragraph (1), by striking ``reasons'' and inserting 
        ``substantive rationale, including detailed and case-specific 
        reasons,''; and
            (2) by inserting at the end the following new paragraph:
            ``(3) If there is an open or completed inquiry into an 
        Inspector General that relates to the removal or transfer of 
        the Inspector General under paragraph (1), the written 
        communication required under that paragraph shall--
                    ``(A) identify each entity that is conducting, or 
                that conducted, the inquiry; and
                    ``(B) in the case of a completed inquiry, contain 
                the findings made during the inquiry.''.
    (b) Reasons for Removal or Transfer for Designated Federal 
Entities.--Section 8G(e) of the Inspector General Act of 1978 (5 U.S.C. 
App.) is amended--
            (1) in paragraph (2), by striking ``reasons'' and inserting 
        ``substantive rationale, including detailed and case-specific 
        reasons,''; and
            (2) by inserting at the end the following new paragraph:
            ``(3) If there is an open or completed inquiry into an 
        Inspector General that relates to the removal or transfer of 
        the Inspector General under paragraph (2), the written 
        communication required under that paragraph shall--
                    ``(A) identify each entity that is conducting, or 
                that conducted, the inquiry; and
                    ``(B) in the case of a completed inquiry, contain 
                the findings made during the inquiry.''.

        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. CHANGE IN STATUS OF INSPECTOR GENERAL OFFICES.

    (a) Change in Status of Inspector General of Office.--Paragraph (1) 
of 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 
Entity.--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) Exception to Requirement to Submit Communication Relating to 
Certain Changes in Status.--
            (1) Communication relating to change in status of inspector 
        general of office.--Section 3(b) of the Inspector General Act 
        of 1978 (5 U.S.C. App.), as amended by section 702(1), is 
        further amended--
                    (A) in paragraph (1), by striking ``If'' and 
                inserting ``Except as provided in paragraph (4), if''; 
                and
                    (B) by adding at the end the following:
            ``(4) If an Inspector General is placed on paid or unpaid 
        non-duty status, the President may submit the communication 
        described in paragraph (1) to Congress later than 30 days 
        before the Inspector General is placed on paid or unpaid non-
        duty status, but in any case not later than the date on which 
        the placement takes effect, if--
                    ``(A) the President determines that a delay in 
                placing the Inspector General on paid or unpaid non-
                duty status would--
                            ``(I) pose a threat to the Inspector 
                        General or others;
                            ``(ii) result in the destruction of 
                        evidence relevant to an investigation; or
                            ``(iii) result in loss of or damage to 
                        Government property;
                    ``(B) in the communication, the President 
                includes--
                            ``(I) a specification of which clause the 
                        President relied on to make the determination 
                        under subparagraph (A);
                            ``(ii) the substantive rationale, including 
                        detailed and case-specific reasons, for such 
                        determination;
                            ``(iii) if the President relied on an 
                        inquiry to make such determination, an 
                        identification of each entity that is 
                        conducting, or that conducted, such inquiry; 
                        and
                            ``(iv) if an inquiry described in clause 
                        (iii) is completed, the findings of that 
                        inquiry.
            ``(5) The President may not place an Inspector General on 
        paid or unpaid non-duty status during the 30-day period 
        preceding the date on which the Inspector General is removed or 
        transferred under paragraph (1) unless the President--
                    ``(A) determines that not placing the Inspector 
                General on paid or unpaid non-duty status would--
                            ``(I) pose a threat to the Inspector 
                        General or others;
                            ``(ii) result in the destruction of 
                        evidence relevant to an investigation; or
                            ``(iii) result in loss of or damage to 
                        Government property; and
                    ``(B) on or before the date on which the placement 
                takes effect, submits to the Committee in the House of 
                Representatives and the Committee in the Senate that 
                has jurisdiction over the Inspector General involved, 
                the Committee on Oversight and Reform of the House of 
                Representatives, and the Committee on Homeland Security 
                and Governmental Affairs of the Senate, a written 
                communication that contains the following information--
                            ``(I) a specification of which clause under 
                        subparagraph (A) the President relied on to 
                        make the determination under such subparagraph;
                            ``(ii) the substantive rationale, including 
                        detailed and case-specific reasons, for such 
                        determination;
                            ``(iii) if the President relied on an 
                        inquiry to make such determination, an 
                        identification of each entity that is 
                        conducting, or that conducted, such inquiry; 
                        and
                            ``(iv) if an inquiry described in clause 
                        (iii) is completed, the findings of that 
                        inquiry.''.
            (2) Communication relating to change in status of inspector 
        general of designated federal entity.--Section 8G(e) of the 
        Inspector General Act Inspector General Act of 1978 (5 U.S.C. 
        App.), as amended by section 702(2), is further amended--
                    (A) in paragraph (2), by striking ``If'' and 
                inserting ``Except as provided in paragraph (4), if''; 
                and
                    (B) by adding at the end the following:
            ``(4) If an Inspector General is placed on paid or unpaid 
        non-duty status, the head of a designated Federal entity may 
        submit the communication described in paragraph (2) to Congress 
        later than 30 days before the Inspector General is placed on 
        paid or unpaid non-duty status, but in any case not later than 
        the date on which the placement takes effect, if--
                    ``(A) the head determines that a delay in placing 
                the Inspector General on paid or unpaid non-duty status 
                would--
                            ``(I) pose a threat to the Inspector 
                        General or others;
                            ``(ii) result in the destruction of 
                        evidence relevant to an investigation; or
                            ``(iii) result in loss of or damage to 
                        Government property;
                    ``(B) in the communication, the head includes--
                            ``(I) a specification of which clause under 
                        subparagraph (A) the head relied on to make the 
                        determination under such subparagraph;
                            ``(ii) the substantive rationale, including 
                        detailed and case-specific reasons, for such 
                        determination;
                            ``(iii) if the head relied on an inquiry to 
                        make such determination, an identification of 
                        each entity that is conducting, or that 
                        conducted, such inquiry; and
                            ``(iv) if an inquiry described in clause 
                        (iii) is completed, the findings of that 
                        inquiry.
            ``(5) The head may not place an Inspector General on paid 
        or unpaid non-duty status during the 30-day period preceding 
        the date on which the Inspector General is removed or 
        transferred under paragraph (2) unless the head--
                    ``(A) determines that not placing the Inspector 
                General on paid or unpaid non-duty status would--
                            ``(I) pose a threat to the Inspector 
                        General or others;
                            ``(ii) result in the destruction of 
                        evidence relevant to an investigation; or
                            ``(iii) result in loss of or damage to 
                        Government property; and
                    ``(B) on or before the date on which the placement 
                takes effect, submits to the Committee in the House of 
                Representatives and the Committee in the Senate that 
                has jurisdiction over the Inspector General involved, 
                the Committee on Oversight and Reform of the House of 
                Representatives, and the Committee on Homeland Security 
                and Governmental Affairs of the Senate, a written 
                communication that contains the following information--
                            ``(I) a specification of which clause under 
                        subparagraph (A) the head relied on to make the 
                        determination under such subparagraph;
                            ``(ii) the substantive rationale, including 
                        detailed and case-specific reasons, for such 
                        determination;
                            ``(iii) if the head relied on an inquiry to 
                        make such determination, an identification of 
                        each entity that is conducting, or that 
                        conducted, such inquiry; and
                            ``(iv) if an inquiry described in clause 
                        (iii) is completed, the findings of that 
                        inquiry.''.
    (d) Application.--The amendments made by this section shall apply 
with respect to removals, transfers, and changes of status occurring on 
or after the date that is 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.

 Subtitle D--Inspector General for the Office of Management and Budget

SEC. 731. INSPECTOR GENERAL FOR THE OFFICE OF MANAGEMENT AND BUDGET.

    (a) Establishment of Office.--Section 12 of the Inspector General 
Act of 1978 (5 U.S.C. App.) is amended--
            (1) in paragraph, (1) by inserting ``the Director of the 
        Office of Management and Budget,'' after ``means''; and
            (2) in paragraph (2), by inserting ``the Office of 
        Management and Budget,'' after ``means''.
    (b) Special Provisions Concerning the Inspector General of the 
Office of Management and Budget.--The Inspector General Act of 1978 (5 
U.S.C. App.) is amended by adding after section 8N the following new 
section:

``SEC. 8O. SPECIAL PROVISIONS CONCERNING THE INSPECTOR GENERAL OF THE 
              OFFICE OF MANAGEMENT AND BUDGET.

    ``The Inspector General of the Office of Management and Budget 
shall only have jurisdiction over those matters that have been 
specifically assigned to the Office under law.''.
    (c) Appointment.--Not later than 120 days after the date of the 
enactment of this Act, the President shall appoint an individual to 
serve as the Inspector General of the Office of Management and Budget 
in accordance with section 3(a) of the Inspector General Act of 1978 (5 
U.S.C. App.).

                 TITLE VIII--PROTECTING WHISTLEBLOWERS

            Subtitle A--Whistleblower Protection Improvement

SEC. 801. SHORT TITLE.

    This title may be cited as the ``Whistleblower Protection 
Improvement Act of 2021''.

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 inserting after the clause (xi) the 
                following:
                    ``(xii) for purposes of subsection (b)(8)--
                            ``(I) the commencement, expansion, or 
                        extension of an investigation, but not 
                        including any investigation that is ministerial 
                        or nondiscretionary (including a ministerial or 
                        nondiscretionary investigation described in 
                        section 1213) or any investigation that is 
                        conducted by an Inspector General of an entity 
                        of the Government of an employee not employed 
                        by the office of that Inspector General; and
                            ``(II) a referral to an Inspector General 
                        of an entity of the Government, except for a 
                        referral that is ministerial or 
                        nondiscretionary; and''.
            (2) Application.--The amendment made by paragraph (1) shall 
        apply to any investigation opened, or referral made, as 
        described under clause (xii) of section 2302(a)(2)(A) 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'' after the 
                semicolon at the end; and
                    (C) by adding at the end the following:
                    ``(E) the exercise of any right protected under 
                section 7211;''.
            (2) Application.--The amendment made by paragraph (1) shall 
        apply to the exercise of any right described in 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 because that other employee has made, or is 
suspected to have made, a disclosure protected by subsection (b)(8), 
unless--
            ``(A) the other employee provides express written consent 
        prior to the communication or transmission of their identity or 
        personally identifiable information;
            ``(B) the communication or transmission is made in 
        accordance with the provisions of section 552a;
            ``(C) the communication or transmission is made to a lawyer 
        for the sole purpose of providing legal advice to an employee 
        accused of whistleblower retaliation; or
            ``(D) the communication or transmission is required or 
        permitted by any other provision of law.
    ``(2) In this subsection, the term `officer or employee of the 
Government' means--
            ``(A) the President;
            ``(B) a Member of Congress;
            ``(C) a member of the uniformed services;
            ``(D) an employee as that term is defined in section 2105, 
        including an employee of the United States Postal Service, the 
        Postal Regulatory Commission, or the Department of Veterans 
        Affairs (including any employee appointed pursuant to chapter 
        73 or 74 of title 38); and
            ``(E) any other officer or employee in any branch of the 
        Government of the United States.''.
            (2) Application.--The amendment made by paragraph (1) shall 
        apply to any transmission or communication described in 
        subsection (g) of section 2302 of title 5, United States Code, 
        as added by paragraph (1), made on or after the date of 
        enactment of this Act.
    (d) Right to Petition Congress.--
            (1) In general.--Section 7211 of title 5, United States 
        Code, is amended to read as follows:
``Sec. 7211. Employees' right to petition or furnish information or 
              respond to Congress
    ``(a) In General.--Each officer or employee of the Federal 
Government, individually or collectively, has a right to--
            ``(1) petition Congress or a Member of Congress;
            ``(2) furnish information, documents, or testimony to 
        either House of Congress, any Member of Congress, or any 
        committee or subcommittee of 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 Council of the Inspectors General on Integrity and Efficiency, 
which shall comply with the standards and procedures applicable to 
investigations and reports under subsection (c).''.
    (b) Retaliatory Referrals to Inspectors General.--Section 1214(d) 
of title 5, United States Code, is amended by adding at the end the 
following:
    ``(3) In any case in which the Special Counsel determines that a 
referral to an Inspector General of an entity of the Federal Government 
was in retaliation for a disclosure or protected activity described in 
section 2302(b)(8) or in retaliation for exercising a right described 
in section 2302(b)(9)(A)(I), the Special Counsel shall transmit that 
finding in writing to the Inspector General within seven days of making 
the finding. The Inspector General shall consider that finding and make 
a determination on whether to initiate an investigation or continue an 
investigation based on the referral that the Special Counsel found to 
be retaliatory.''.
    (c) Ensuring Timely Relief.--
            (1) Individual right of action.--Section 1221 of title 5, 
        United States Code, is amended by striking ``section 2302(b)(8) 
        or section 2302(b)(9)(A)(I), (B), (C), or (D),'' each place it 
        appears and inserting ``section 2302(b)(8), section 
        2302(b)(9)(A)(I), (B), (C), (D), or (E), section 2302(b)(13), 
        or section 2302(g),''.
            (2) Stays.--Section 1221(c)(2) of title 5, United States 
        Code, is amended to read as follows:
    ``(2) Any stay requested under paragraph (1) shall be granted 
within 10 calendar days (excluding Saturdays, Sundays, and legal 
holidays) after the date the request is made, if the Board determines--
            ``(A) that there is a substantial likelihood that protected 
        activity was a contributing factor to the personnel action 
        involved; or
            ``(B) the Board otherwise determines that such a stay would 
        be appropriate.''.
            (3) Appeal of stay.--Section 1221(c) of title 5, United 
        States Code, is amended by adding at the end the following:
            ``(4) If any stay requested under paragraph (1) is denied, 
        the employee, former employee, or applicant may, within 7 days 
        after receiving notice of the denial, file an appeal for 
        expedited review by the Board. The agency shall have 7 days 
        thereafter to respond. The Board shall provide a decision not 
        later than 21 days after receiving the appeal. During the 
        period of appeal, both parties may supplement the record with 
        information unavailable to them at the time the stay was first 
        requested.''.
            (4) Access to district court; jury trials.--
                    (A) In general.--Section 1221(I) of title 5, United 
                States Code, is amended--
                            (I) by striking ``(I) Subsections'' and 
                        inserting ``(I)(1) Subsections''; and
                            (ii) by adding at the end the following:
    ``(2)(A) If, in the case of an employee, former employee, or 
applicant for employment who seeks corrective action from the Merit 
Systems Protection Board based on an alleged prohibited personnel 
practice described in section 2302(b)(8), section 2302(b)(9)(A)(I), 
(B), (C), (D), or (E), section 2302(b)(13), or section 2302(g), no 
final order or decision is issued by the Board within 180 days after 
the date on which a request for such corrective action has been duly 
submitted to the Board, such employee, former employee, or applicant 
may, after providing written notice to the Special Counsel and the 
Board and only within 20 days after providing such notice, bring an 
action for review de novo before the appropriate United States district 
court, and such action shall, at the request of either party to such 
action, be tried before a jury. Upon filing of an action with the 
appropriate United States district court, any proceedings before the 
Board shall cease and the employee, former employee, or applicant for 
employment waives any right to refile with the Board.
    ``(B) If the Board certifies (in writing) to the parties of a case 
that the complexity of such case requires a longer period of review, 
subparagraph (A) shall be applied by substituting `240 days' for `180 
days'.
    ``(C) In any such action brought before a United States district 
court under subparagraph (A), the court--
            ``(I) shall apply the standards set forth in subsection 
        (e); and
            ``(ii) may award any relief which the court considers 
        appropriate, including any relief described in subsection 
        (g).''.
                    (B) Application.--
                            (I) The amendments made by subparagraph (A) 
                        shall apply to any corrective action duly 
                        submitted to the Merit Systems Protection 
                        Board, during the five-year period preceding 
                        the date of enactment of this Act, by an 
                        employee, former employee, or applicant for 
                        employment based on an alleged prohibited 
                        personnel practice described in section 
                        2302(b)(8), 2302(b)(9)(A)(I), (B), (C), or (D), 
                        or 2302(b)(13) of title 5, United States Code, 
                        with respect to which no final order or 
                        decision has been issued by the Board.
                            (ii) In the case of an individual described 
                        in clause (I) whose duly submitted claim to the 
                        Board was made not later than 180 days before 
                        the date of enactment of this Act, such 
                        individual may only bring an action before a 
                        United States district court as described in 
                        section 1221(I)(2) of title 5, United States 
                        Code, (as added by subparagraph (A) if that 
                        individual--
                                    (I) provides written notice to the 
                                Office of Special Counsel and the Merit 
                                Systems Protection Board not later than 
                                90 days after the date of enactment of 
                                this Act; and
                                    (II) brings such action not later 
                                than 20 days after providing such 
                                notice.
    (d) Recipients of Whistleblower Disclosures.--Section 2302(b)(8)(B) 
of title 5, United States Code, is amended by striking ``or to the 
Inspector General of an agency or another employee designated by the 
head of the agency to receive such disclosures'' and inserting ``the 
Inspector General of an agency, a supervisor in the employee's direct 
chain of command up to and including the head of the employing agency, 
or to an employee designated by any of the aforementioned individuals 
for the purpose of receiving such disclosures''.
    (e) Attorney Fees.--
            (1) In general.--Section 7703(a) of title 5, United States 
        Code, is amended by adding at the end the following:
            ``(3) If an employee, former employee, or applicant for 
        employment is the prevailing party under a proceeding brought 
        under this section, the employee, former employee, or applicant 
        for employment shall be entitled to attorney fees for all 
        representation carried out pursuant to this section. In such an 
        action for attorney fees, the agency responsible for taking the 
        personnel action shall be the respondent and shall be 
        responsible for paying the fees.''.
            (2) Application.--In addition to any proceeding brought by 
        an employee, former employee, or applicant for employment on or 
        after the date of enactment of this Act to a Federal court 
        under section 7703 of title 5, United States Code, the 
        amendment made by paragraph (1) shall apply to any proceeding 
        brought by an employee, former employee, or applicant for 
        employment under such section before the date of enactment of 
        this Act with respect to which the applicable Federal court has 
        not issued a final decision.
    (f) Extending Whistleblower Protection Act to Certain Employees.--
            (1) In general.--Section 2302(a)(2)(A) of title 5, United 
        States Code, is amended in the matter following clause (xiii)--
                    (A) by inserting ``subsection (b)(9)(A)(I), (B), 
                (C), (D), or (E), subsection (b)(13), or subsection 
                (g),'' after ``subsection (b)(8),''; and
                    (B) by inserting after ``title 31'' the following: 
                ``, a fellow or intern at an agency, a commissioned 
                officer or applicant for employment in the Public 
                Health Service, an officer or applicant for employment 
                in the commissioned officer corps of the National 
                Oceanic and Atmospheric Administration, and a noncareer 
                appointee in the Senior Executive Service''.
            (2) Conforming amendments.--Section 261 of the National 
        Oceanic and Atmospheric Administration Commissioned Officer 
        Corps Act of 2002 (33 U.S.C. 3071) is amended--
                    (A) in subsection (a)--
                            (I) by striking paragraph (8); and
                            (ii) by redesignating paragraphs (9) 
                        through (26) as paragraphs (8) through (25), 
                        respectively; and
                    (B) in subsection (b), by striking the second 
                sentence.
            (3) Application.--
                    (A) In general.--With respect to an officer or 
                applicant for employment in the commissioned officer 
                corps of the National Oceanic and Atmospheric 
                Administration, the amendments made by paragraphs (1) 
                and (2) shall apply to any personnel action taken 
                against such officer or applicant on or after the date 
                of enactment of the National Oceanic and Atmospheric 
                Administration Commissioned Officer Corps Amendments 
                Act of 2020 (Public Law 116-259) for making any 
                disclosure protected under section 2302(8) of title 5, 
                United States Code.
                    (B) Exception.--Subparagraph (A) shall not apply to 
                any personnel action with respect to which a complaint 
                has been filed pursuant to section 1034 of title 10, 
                United States Code, and a final decision has been 
                rendered regarding such complaint.
    (g) Relief.--
            (1) In general.--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''.
            (2) Application.--In addition to any appeal made on or 
        after the date of enactment of this Act to the Merit Systems 
        Protection Board under section 7701 of title 5, United States 
        Code, the amendment made by paragraph (1) shall apply to any 
        appeal made under such section before the date of enactment of 
        this Act with respect to which the Board has not issued a final 
        decision.

SEC. 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. TITLE 5 TECHNICAL AND CONFORMING AMENDMENTS.

    Title 5, United States Code, is amended--
            (1) in section 1212(h), by striking ``or (9)'' each place 
        it appears and inserting ``, (b)(9), (b)(13), or (g)'';
            (2) in section 1214--
                    (A) in subsections (a) and (b), by striking 
                ``section 2302(b)(8) or section 2302(b)(9)(A)(I), (B), 
                (C), or (D)'' each place it appears and inserting 
                ``section 2302(b)(8), section 2302(b)(9)(A)(I), (B), 
                (C), (D), or (E), section 2302(b)(13), or section 
                2302(g)''; and
                    (B) in subsection (I), by striking ``section 
                2302(b)(8) or subparagraph (A)(I), (B), (C), or (D) of 
                section 2302(b)(9)'' and inserting ``section 
                2302(b)(8), subparagraph (A)(I), (B), (C), (D), or (E) 
                of section 2302(b)(9), section 2302(b)(13), or section 
                2302(g)'';
            (3) in section 1215(a)(3)(B), by striking ``section 
        2302(b)(8), or 2302(b)(9)(A)(I), (B), (C), or (D)'' each place 
        it appears and inserting ``section 2302(b)(8), section 
        2302(b)(9)(A)(I), (B), (C), (D), or (E), section 2302(b)(13), 
        or section 2302(g)'';
            (4) in section 2302--
                    (A) in subsection (a)--
                            (I) in paragraph (1), by inserting ``or 
                        (g)'' after ``subsection (b)''; and
                            (ii) in paragraph (2)(C)(I), by striking 
                        ``subsection (b)(8) or section 
                        2302(b)(9)(A)(I), (B), (C), or (D)'' and 
                        inserting ``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)'' and 
        inserting ``section 2302(b)(8), section 2302(b)(9)(A)(I), (B), 
        (C), (D), or (E), section 2302(b)(13), or section 2302(g)''.

        Subtitle B--Whistleblowers of the Intelligence Community

SEC. 811. 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. 812. 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 811(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 811(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. 813. 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 
811(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) Eligibility 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)(A) the office of such first assistant is an office 
        for which appointment is required to be made by the President, 
        by and with the advice and consent of the Senate; and
            ``(B) the Senate has approved the appointment of such 
        individual to such office; or
            ``(2) the individual began serving in the position of first 
        assistant during the 180-day period beginning on a transitional 
        inauguration day (as that term is defined in section 
        3349a(a)).''.
    (b) Qualifications.--Section 3345(b) of title 5, United States 
Code, is amended by adding at the end the following:
    ``(3) Any individual directed to perform the functions and duties 
of the vacant office temporarily in an acting capacity under subsection 
(a)(2) or (f) shall possess the qualifications (if any) set forth in 
law, rule, or regulation that are otherwise applicable to an individual 
appointed by the President, by and with the advice and consent of the 
Senate, to occupy such office.''.
    (c) Application to Individuals Removed From Office.--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 members of such committees.''.
    (f) Time Limitation for Principal Offices.--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 of such title 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

     Subtitle A--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) of this 
subsection, the Special Counsel may seek corrective action under 
section 1214 and disciplinary action under section 1215 in the same way 
as if a prohibited personnel practice were involved.
    ``(f)(1) Notwithstanding subsection (b) of section 1215, consistent 
with paragraph (3) of this subsection, if after an investigation under 
subsection (d)(1) the Special Counsel determines that a political 
appointee has violated section 7323 or 7324, the Special Counsel may 
present a complaint to the Merit Systems Protection Board under the 
process provided in section 1215, against such political appointee.
    ``(2) Notwithstanding section 7326, a final order of the Board on a 
complaint of a violation of section 7323 or 7324 by a political 
appointee may impose an assessment of a civil penalty not to exceed 
$50,000.
    ``(3) The Special Counsel may not present a complaint under 
paragraph (1) of this subsection--
            ``(A) unless no disciplinary action or civil penalty has 
        been taken or assessed, respectively, against the political 
        appointee pursuant to section 7326; and
            ``(B) until on or after the date that is 90 days after the 
        date that the complaint regarding the political appointee was 
        presented to the President under section 1215(b), 
        notwithstanding whether the President submits a written 
        statement pursuant to paragraph (4) of this subsection.
    ``(4)(A) Not later than 90 days after receiving from the Special 
Counsel a complaint recommending disciplinary action under section 
1215(b) with respect to a political appointee for a violation of 
section 7323 or 7324, the President shall provide a written statement 
to the Special Counsel on whether the President imposed the recommended 
disciplinary action, imposed another form of disciplinary action and 
the nature of that disciplinary action, or took no disciplinary action 
against the political appointee.
    ``(B) Not later than 14 days after receiving a written statement 
under subparagraph (A) of this paragraph--
            ``(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,''.
    (c) Criminal Penalty.--
            (1) In general.--Subchapter III of chapter 73 of title 5, 
        United States Code, is amended by adding after section 7326 the 
        following:
``Sec. 7328. Criminal penalty for Hatch Act violations
    ``(a) In General.--Any person who knowingly violates section 7323 
or 7324 shall be fined $50,000 (notwithstanding section 3571(e) of 
title 18), or imprisoned for not more than 1 year, or both. 
Notwithstanding section 3571(e) of title 18, for each violation after 
the first, the fine applicable under this section shall be double the 
amount of the fine assessed for the previous violation.
    ``(b) Attorney Fees.--A court may assess against the United States 
reasonable attorney fees and other litigation costs reasonably incurred 
in any case under this section in which an employee has established, by 
a preponderance of the evidence, that a superior ordered or otherwise 
coerced the employee into taking any act that resulted in a violation 
of such section 7323 or 7324.''.
            (2) Clerical amendment.--The table of sections of such 
        subchapter is amended by inserting after the item relating to 
        section 7326 the following:

``7328. Criminal penalty for Hatch Act violations.''.
            (3) Training.--After an individual's first violation of 
        section 7323 or 7324 of title 5, United States Code, such 
        individual shall be provided training by the employing agency 
        on how to avoid subsequent violations of either such section.

SEC. 1003. INCLUDING EXECUTIVE OFFICE OF THE PRESIDENT UNDER LIMITATION 
              ON NEPOTISM IN THE CIVIL SERVICE.

    Section 3110(a)(1)(A) of title 5, United States Code, is amended by 
inserting ``, including the Executive Office of the President'' after 
``Executive agency''.

SEC. 1004. DISCLOSURE OF HATCH ACT INVESTIGATIONS FOR CERTAIN POLITICAL 
              EMPLOYEES.

    Section 1216 of title 5, United States Code, is amended by adding 
at the end the following:
    ``(d)(1) With respect to any investigation of an allegation of 
prohibited activity under subsection (a)(1) against a political 
employee, not later than 14 days after the Special Counsel makes a 
final determination under such investigation with respect to whether a 
violation occurred, the Special Counsel shall--
            ``(A) publish, on the Office of Special Counsel's website, 
        such determination and a report on that determination; and
            ``(B) submit such report to the Committee on Oversight and 
        Reform of the House of Representatives and the Committee on 
        Homeland Security and Governmental Affairs of the Senate.
    ``(2) In this subsection, the term `political employee' means any 
individual occupying any of the following positions in the executive 
branch of Government (including an individual carrying out the duties 
of a position described in paragraph (1) in an acting capacity):
            ``(A) Any position required to be filled by an appointment 
        by the President by and with the advice and consent of the 
        Senate.
            ``(B) Any position in the executive branch of the 
        Government of a confidential or policy-determining character 
        under schedule C of subpart C of part 213 of title 5, Code of 
        Federal Regulations.
            ``(C) Any position in or under the Executive Office of the 
        President.
            ``(D) Any position in or under the Office of the Vice 
        President.
            ``(E) Any position in the Senior Executive Service that is 
        not a career appointee, a limited term appointee, or a limited 
        emergency appointee (as those terms are defined in section 
        3132(a)).''.

SEC. 1005. CLARIFICATION ON CANDIDATES VISITING FEDERAL PROPERTY.

    (a) In General.--Section 7323 of title 5, United States Code, is 
amended by adding at the end the following:
    ``(d) Nothing in this section or section 7324 shall be construed to 
prohibit an employee from allowing a Member of Congress or any other 
elected official from visiting Federal facilities for an official 
purpose, including receiving briefings, tours, or other official 
information.''.
    (b) Technical and Conforming Amendments.--Such section 7323 is 
further amended--
            (1) in subsection (a)(1), by striking ``his'' and inserting 
        ``the employee's''; and
            (2) in subsection (c)--
                    (A) by striking ``he'' and inserting ``the 
                employee''; and
                    (B) by striking ``his'' and inserting ``the 
                employee's''.

SEC. 1006. APPLYING HATCH ACT TO PRESIDENT AND VICE PRESIDENT WHILE ON 
              FEDERAL PROPERTY.

    (a) In General.--Subchapter III of chapter 73 of title 5, United 
States Code, as amended by section 1002(c), is further amended by 
redesignating section 7326 as section 7327 and by inserting after 
section 7325 the following:
``Sec. 7326. Limitations on political activity of president and vice 
              president while on White House grounds
    ``Notwithstanding section 7322(1), the prohibitions on political 
activity under section 7323(a) and section 7324 shall apply to the 
President and Vice President while the President and Vice President are 
on or in any part of the White House and White House grounds that is 
regularly used in the discharge of official duties.''.
    (b) Clerical Amendment.--The table of sections of such subchapter, 
as amended by section 1002(c), is fruther amended by striking the item 
relating to section 7326 and inserting the following:

``7326. Limitations on political activity of President and Vice 
                            President while on Federal property
``7327. Penalties''.

SEC. 1007. GRANTING THE OFFICE OF SPECIAL COUNSEL RULEMAKING AUTHORITY.

    Notwithstanding any other law, rule, or regulation, the Office of 
Special Counsel shall have exclusive authority to promulgate 
regulations with respect to authority granted to the Office under the 
Hatch Act.

SEC. 1008. GREATER ACCOUNTABILITY FOR POLITICAL APPOINTEES.

    Section 1204(c) of title 5, United States Code, is amended by 
adding at the end the following: ``Notwithstanding the previous 
sentences, in the case of contumacy or failure by an individual to obey 
a subpoena issued under subsection (b)(2)(A) or section 1214(b) with 
respect to an investigation into any violation of section 7323 or 7324, 
the Board may issue an order requiring that individual to appear at any 
designated place to testify or to produce documentary or other 
evidence.''.

SEC. 1009. INVESTIGATING FORMER POLITICAL EMPLOYEES.

    Notwithstanding any other provision of law, the Office of Special 
Counsel may continue an investigation of a violation of section 7323 or 
7324 of title 5, United States Code, of an individual who is a former 
employee but only if such investigation commenced while the individual 
was an employee. In this section, the term ``employee'' has the meaning 
given that term in section 7322(1) of such title.

SEC. 1010. GAO REVIEW OF REIMBURSABLE POLITICAL EVENTS.

    Not later than 60 days after the date of enactment of this Act, the 
Comptroller General shall submit to Congress a report on reimbursable 
political events held at the White House or on the White House grounds 
during the period beginning on January 1, 1997, and ending on the date 
of enactment of this Act. Such report shall include the following:
            (1) Whether, during such period, the requirements in annual 
        appropriations Acts with respect to reimbursable political 
        events have been followed, including the requirements under the 
        heading ``Executive Residence At the White House--Reimbursable 
        Expenses'' in division D of Public Law 116-6.
            (2) An assessment of what constitutes a political event 
        during such period.
            (3) Whether an event that was not classified as a political 
        event during such period should have been classified as such an 
        event.
            (4) A review of any payment made by a political entity 
        under the terms of such requirements.
            (5) Recommendations for Congress on--
                    (A) a definition for the term ``political event''; 
                and
                    (B) how to assess whether administrations are 
                following such requirements and how to hold 
                administrations accountable if such requirements are 
                not followed.

Subtitle B--Strengthening Ethics Enforcement and Penalties for Federal 
                          Executive Employees

SEC. 1011. ETHICS PLEDGE.

    Every appointee in every executive agency appointed on or after 
January 20, 2021, shall sign, and upon signing shall be contractually 
committed to, the following pledge upon becoming an appointee:
    ``I recognize that this pledge is part of a broader ethics in 
government plan designed to restore and maintain public trust in 
government, and I commit myself to conduct consistent with that plan. I 
commit to decision-making on the merits and exclusively in the public 
interest, without regard to private gain or personal benefit. I commit 
to conduct that upholds the independence of law enforcement and 
precludes improper interference with investigative or prosecutorial 
decisions of the Department of Justice. I commit to ethical choices of 
post-Government employment that do not raise the appearance that I have 
used my Government service for private gain, including by using 
confidential information acquired and relationships established for the 
benefit of future clients.
    ``Accordingly, as a condition, and in consideration, of my 
employment in the United States Government in a position invested with 
the public trust, I commit myself to the following obligations, which I 
understand are binding on me and are enforceable under law:
            ``(1) Lobbyist Gift Ban.--I will not accept gifts from 
        registered lobbyists or lobbying organizations for the duration 
        of my service as an appointee.
            ``(2) Revolving Door Ban; All Appointees Entering 
        Government.--I will not for a period of 2 years from the date 
        of my appointment participate in any particular matter 
        involving specific parties that is directly and substantially 
        related to my former employer or former clients, including 
        regulations and contracts.
            ``(3) Revolving Door Ban; Lobbyists and Registered Agents 
        Entering Government.--If I was registered under the Lobbying 
        Disclosure Act, 2 U.S.C. 1601 et seq., or the Foreign Agents 
        Registration Act (FARA), 22 U.S.C. 611 et seq., within the 2 
        years before the date of my appointment, in addition to abiding 
        by the limitations of paragraph 2, I will not for a period of 2 
        years after the date of my appointment:
                    ``(A) participate in any particular matter on which 
                I lobbied, or engaged in registrable activity under 
                FARA, within the 2 years before the date of my 
                appointment;
                    ``(B) participate in the specific issue area in 
                which that particular matter falls; or
                    ``(C) seek or accept employment with any executive 
                agency with respect to which I lobbied, or engaged in 
                registrable activity under FARA, within the 2 years 
                before the date of my appointment.
            ``(4) Revolving Door Ban; Appointees Leaving Government.--
        If, upon my departure from the Government, I am covered by the 
        post-employment restrictions on communicating with employees of 
        my former executive agency set forth in section 207(c) of title 
        18, United States Code, and its implementing regulations, I 
        agree that I will abide by those restrictions for a period of 2 
        years following the end of my appointment. I will abide by 
        these same restrictions with respect to communicating with the 
        senior White House staff.
            ``(5) Revolving Door Ban; Senior and Very Senior Appointees 
        Leaving Government.-- If, upon my departure from the 
        Government, I am covered by the post-employment restrictions 
        set forth in sections 207(c) or 207(d) of title 18, United 
        States Code, and those sections' implementing regulations, I 
        agree that, in addition, for a period of 1 year following the 
        end of my appointment, I will not materially assist others in 
        making communications or appearances that I am prohibited from 
        undertaking myself by--
                    ``(A) holding myself out as being available to 
                engage in lobbying activities in support of any such 
                communications or appearances; or
                    ``(B) engaging in any such lobbying activities.
            ``(6) Revolving Door Ban; Appointees Leaving Government to 
        Lobby.--In addition to abiding by the limitations of paragraph 
        4, I also agree, upon leaving Government service, not to lobby 
        any covered executive branch official or non-career Senior 
        Executive Service appointee, or engage in any activity on 
        behalf of any foreign government or foreign political party 
        which, were it undertaken on January 20, 2021, would require 
        that I register under FARA, for the remainder of the 
        Administration or 2 years following the end of my appointment, 
        whichever is later.
            ``(7) Golden Parachute Ban.--I have not accepted and will 
        not accept, including after entering Government, any salary or 
        other cash payment from my former employer the eligibility for 
        and payment of which is limited to individuals accepting a 
        position in the United States Government. I also have not 
        accepted and will not accept any non-cash benefit from my 
        former employer that is provided in lieu of such a prohibited 
        cash payment.
            ``(8) Employment Qualification Commitment.--I agree that 
        any hiring or other employment decisions I make will be based 
        on the candidate's qualifications, competence, and experience.
            ``(9) Assent to Enforcement.--I acknowledge that title XVI 
        of the Protecting Our Democracy Act, which I have read before 
        signing this document, defines certain of the terms applicable 
        to the foregoing obligations and sets forth the methods for 
        enforcing them. I expressly accept the provisions of that title 
        as a part of this agreement and as binding on me. I understand 
        that the terms of this pledge are in addition to any statutory 
        or other legal restrictions applicable to me by virtue of 
        Federal Government service.''.

SEC. 1012. DEFINITIONS.

    For purposes of this title and the pledge set forth in section 1101 
of this title:
            (1) ``Executive agency'' shall include each ``executive 
        agency'' as defined by section 105 of title 5, United States 
        Code, and shall include the Executive Office of the President; 
        provided, however, that ``executive agency'' shall include the 
        United States Postal Service and Postal Regulatory Commission, 
        but shall exclude the Government Accountability Office.
            (2) ``Appointee'' shall include every full-time, non-career 
        Presidential or Vice-Presidential appointee, non-career 
        appointee in the Senior Executive Service (or other SES-type 
        system), and appointee to a position that has been excepted 
        from the competitive service by reason of being of a 
        confidential or policymaking character (Schedule C and other 
        positions excepted under comparable criteria) in an executive 
        agency. It does not include any person appointed as a member of 
        the Senior Foreign Service or solely as a uniformed service 
        commissioned officer.
            (3) ``Gift''--
                    (A) shall have the definition set forth in section 
                2635.203(b) of title 5, Code of Federal Regulations;
                    (B) shall include gifts that are solicited or 
                accepted indirectly, as defined in section 2635.203(f) 
                of title 5, Code of Federal Regulations; and
                    (C) shall exclude those items excluded by sections 
                2635.204(b), (c), (e)(1) and (3), and (j) through (l) 
                of title 5, Code of Federal Regulations.
            (4) ``Covered executive branch official'' and ``lobbyist'' 
        shall have the definitions set forth in section 1602 of title 
        2, United States Code.
            (5) ``Registered lobbyist or lobbying organization'' shall 
        mean a lobbyist or an organization filing a registration 
        pursuant to section 1603(a) of title 2, United States Code, and 
        in the case of an organization filing such a registration, 
        ``registered lobbyist'' shall include each of the lobbyists 
        identified therein.
            (6) ``Lobby'' and ``lobbied'' shall mean to act or have 
        acted as a registered lobbyist.
            (7) ``Lobbying activities'' shall have the definition set 
        forth in section 1602 of title 2, United States Code.
            (8) ``Materially assist'' means to provide substantive 
        assistance but does not include providing background or general 
        education on a matter of law or policy based upon an 
        individual's subject matter expertise, nor any conduct or 
        assistance permitted under section 207(j) of title 18, United 
        States Code.
            (9) ``Particular matter'' shall have the same meaning as 
        set forth in section 207 of title 18, United States Code, and 
        section 2635.402(b)(3) of title 5, Code of Federal Regulations.
            (10) ``Particular matter involving specific parties'' shall 
        have the same meaning as set forth in section 2641.201(h) of 
        title 5, Code of Federal Regulations, except that it shall also 
        include any meeting or other communication relating to the 
        performance of one's official duties with a former employer or 
        former client, unless the communication applies to a particular 
        matter of general applicability and participation in the 
        meeting or other event is open to all interested parties.
            (11) ``Former employer'' is any person for whom the 
        appointee has within the 2 years prior to the date of his or 
        her appointment served as an employee, officer, director, 
        trustee, or general partner, except that ``former employer'' 
        does not include any executive agency or other entity of the 
        Federal Government, State or local government, the District of 
        Columbia, Native American tribe, any United States territory or 
        possession, or any international organization in which the 
        United States is a member state.
            (12) ``Former client'' is any person for whom the appointee 
        served personally as agent, attorney, or consultant within the 
        2 years prior to the date of his or her appointment, but 
        excluding instances where the service provided was limited to 
        speeches or similar appearances. It does not include clients of 
        the appointee's former employer to whom the appointee did not 
        personally provide services.
            (13) ``Directly and substantially related to my former 
        employer or former clients'' shall mean matters in which the 
        appointee's former employer or a former client is a party or 
        represents a party.
            (14) ``Participate'' means to participate personally and 
        substantially.
            (15) ``Government official'' means any employee of the 
        executive branch.
            (16) ``Administration'' means all terms of office of the 
        incumbent President serving at the time of the appointment of 
        an appointee covered by this title.
            (17) ``Pledge'' means the ethics pledge set forth in 
        section 1011 of this title.
            (18) ``Senior White House staff'' means any person 
        appointed by the President to a position under sections 
        105(a)(2)(A) or (B) of title 3, United States Code, or by the 
        Vice President to a position under sections 106(a)(1)(A) or (B) 
        of title 3.
            (19) All references to provisions of law and regulations 
        shall refer to such provisions as are in effect on January 20, 
        2021.

SEC. 1013. WAIVER.

    (a) The Director of the Office of Management and Budget (OMB), in 
consultation with the Counsel to the President, may grant to any 
current or former appointee a written waiver of any restrictions 
contained in the pledge signed by such appointee if, and to the extent 
that, the Director of OMB certifies in writing--
            (1) that the literal application of the restriction is 
        inconsistent with the purposes of the restriction; or
            (2) that it is in the public interest to grant the waiver. 
        Any such written waiver should reflect the basis for the waiver 
        and, in the case of a waiver of the restrictions set forth in 
        paragraphs (3)(B) and (C) of the pledge, a discussion of the 
        findings with respect to the factors set forth in subsection 
        (b) of this section.
    (b) A waiver shall take effect when the certification is signed by 
the Director of OMB and shall be made public within 10 days thereafter.
    (c) The public interest shall include, but not be limited to, 
exigent circumstances relating to national security, the economy, 
public health, or the environment. In determining whether it is in the 
public interest to grant a waiver of the restrictions contained in 
paragraphs (3)(B) and (C) of the pledge, the responsible official may 
consider the following factors--
            (1) the government's need for the individual's services, 
        including the existence of special circumstances related to 
        national security, the economy, public health, or the 
        environment;
            (2) the uniqueness of the individual's qualifications to 
        meet the government's needs;
            (3) the scope and nature of the individual's prior lobbying 
        activities, including whether such activities were de minimis 
        or rendered on behalf of a nonprofit organization; and
            (4) the extent to which the purposes of the restriction may 
        be satisfied through other limitations on the individual's 
        services, such as those required by paragraph (3)(A) of the 
        pledge.

SEC. 1014. ADMINISTRATION.

    (a) The head of every executive agency shall, in consultation with 
the Director of the Office of Government Ethics, establish such rules 
or procedures (conforming as nearly as practicable to the agency's 
general ethics rules and procedures, including those relating to 
designated agency ethics officers) as are necessary or appropriate to 
ensure--
            (1) that every appointee in the agency signs the pledge 
        upon assuming the appointed office or otherwise becoming an 
        appointee;
            (2) that compliance with paragraph (3) of the pledge is 
        addressed in a written ethics agreement with each appointee to 
        whom it applies, which agreement shall also be approved by the 
        Counsel to the President prior to the appointee commencing 
        work;
            (3) that spousal employment issues and other conflicts not 
        expressly addressed by the pledge are addressed in ethics 
        agreements with appointees or, where no such agreements are 
        required, through ethics counseling; and
            (4) that the agency generally complies with this title.
    (b) With respect to the Executive Office of the President, the 
duties set forth in subsection (a) shall be the responsibility of the 
Counsel to the President.
    (c) The Director of the Office of Government Ethics shall--
            (1) ensure that the pledge and a copy of this title are 
        made available for use by agencies in fulfilling their duties 
        under subsection (a);
            (2) in consultation with the Attorney General or the 
        Counsel to the President, when appropriate, assist designated 
        agency ethics officers in providing advice to current or former 
        appointees regarding the application of the pledge; and
            (3) in consultation with the Attorney General and the 
        Counsel to the President, adopt such rules or procedures as are 
        necessary or appropriate--
                    (A) to carry out the foregoing responsibilities;
                    (B) to authorize limited exceptions to the lobbyist 
                gift ban for circumstances that do not implicate the 
                purposes of the ban;
                    (C) to make clear that no person shall have 
                violated the lobbyist gift ban if the person properly 
                disposes of a gift as provided by section 2635.206 of 
                title 5, Code of Federal Regulations;
                    (D) to ensure that existing rules and procedures 
                for Government employees engaged in negotiations for 
                future employment with private businesses that are 
                affected by the employees' official actions do not 
                affect the integrity of the Government's programs and 
                operations; and
                    (E) to ensure, in consultation with the Director of 
                the Office of Personnel Management, that the 
                requirement set forth in paragraph (6) of the pledge is 
                honored by every employee of the executive branch;
            (4) in consultation with the Director of OMB, report to the 
        President on whether full compliance is being achieved with 
        existing laws and regulations governing executive branch 
        procurement lobbying disclosure. This report shall include 
        recommendations on steps the executive branch can take to 
        expand, to the fullest extent practicable, disclosure of both 
        executive branch procurement lobbying and of lobbying for 
        Presidential pardons. These recommendations shall include both 
        immediate actions the executive branch can take and, if 
        necessary, recommendations for legislation; and
            (5) provide an annual public report on the administration 
        of the pledge and this title.
    (d) The Director of the Office of Government Ethics shall, in 
consultation with the Attorney General, the Counsel to the President, 
and the Director of the Office of Personnel Management, report to the 
President on steps the executive branch can take to expand to the 
fullest extent practicable the revolving door ban set forth in 
paragraph (5) of the pledge to all executive branch employees who are 
involved in the procurement process such that they may not for 2 years 
after leaving Government service lobby any Government official 
regarding a Government contract that was under their official 
responsibility in the last 2 years of their Government service. This 
report shall include both immediate actions the executive branch can 
take and, if necessary, recommendations for legislation.
    (e) All pledges signed by appointees, and all waiver certifications 
with respect thereto, shall be filed with the head of the appointee's 
agency for permanent retention in the appointee's official personnel 
folder or equivalent folder.

SEC. 1015. ENFORCEMENT.

    (a) The contractual, fiduciary, and ethical commitments in the 
pledge provided for herein are solely enforceable by the United States 
pursuant to this section by any legally available means, including 
debarment proceedings within any affected executive agency or judicial 
civil proceedings for declaratory, injunctive, or monetary relief.
    (b) Any former appointee who is determined, after notice and 
hearing, by the duly designated authority within any agency, to have 
violated his or her pledge may be barred from lobbying any officer or 
employee of that agency for up to 5 years in addition to the time 
period covered by the pledge. The head of every executive agency shall, 
in consultation with the Director of the Office of Government Ethics, 
establish procedures to implement this subsection, which procedures 
shall include (but not be limited to) providing for fact-finding and 
investigation of possible violations of this title and for referrals to 
the Attorney General for consideration pursuant to subsection (c) of 
this section.
    (c) The Attorney General is authorized--
            (1) upon receiving information regarding the possible 
        breach of any commitment in a signed pledge, to request any 
        appropriate Federal investigative authority to conduct such 
        investigations as may be appropriate; and
            (2) upon determining that there is a reasonable basis to 
        believe that a breach of a commitment has occurred or will 
        occur or continue, if not enjoined, to commence a civil action 
        against the former employee in any United States District Court 
        with jurisdiction to consider the matter.
    (d) In any such civil action, the Attorney General is authorized to 
request any and all relief authorized by law, including but not limited 
to:
            (1) such temporary restraining orders and preliminary and 
        permanent injunctions as may be appropriate to restrain future, 
        recurring, or continuing conduct by the former employee in 
        breach of the commitments in the pledge he or she signed; and
            (2) establishment of a constructive trust for the benefit 
        of the United States, requiring an accounting and payment to 
        the United States Treasury of all money and other things of 
        value received by, or payable to, the former employee arising 
        out of any breach or attempted breach of the pledge signed by 
        the former employee.

SEC. 1016. GENERAL PROVISIONS.

    (a) If any provision of this title or the application of such 
provision is held to be invalid, the remainder of this title and other 
dissimilar applications of such provision shall not be affected.
    (b) Nothing in this title shall be construed to impair or otherwise 
affect--
            (1) the authority granted by law to an executive department 
        or agency, or the head thereof; or
            (2) the functions of the Director of the Office of 
        Management and Budget relating to budgetary, administrative, or 
        legislative proposals.
    (c) This title shall be implemented consistent with applicable law 
and subject to the availability of appropriations.
    (d) This title is not intended to, and does not, create any right 
or benefit, substantive or procedural, enforceable at law or in equity 
by any party against the United States, its departments, agencies, or 
entities, its officers, employees, or agents, or any other person.

         TITLE XI--PROMOTING EFFICIENT PRESIDENTIAL TRANSITIONS

SEC. 1101. SHORT TITLE.

    This title may be cited as the ``Efficient Transition Act of 
2021''.

SEC. 1102. ASCERTAINMENT OF SUCCESSFUL CANDIDATES IN GENERAL ELECTIONS 
              FOR PURPOSES OF PRESIDENTIAL TRANSITION.

    (a) In General.--Section 3(c) of the Presidential Transition Act of 
1963 (3 U.S.C. 102 note) is amended--
            (1) by striking ``The terms'' and inserting ``(1) The 
        terms''; and
            (2) by adding at the end the following:
    ``(2) The Administrator shall make the ascertainment under 
paragraph (1) as soon as practicable after the general elections.
    ``(3) If the Administrator does not make such ascertainment within 
5 days after such elections, each eligible candidate for President and 
Vice President shall be treated as if they are the apparent successful 
candidate for purposes of this Act until the Administrator makes the 
ascertainment or until the House of Representatives and the Senate 
certify the results of the elections, whichever occurs first.''.
    (b) Regulations.--Not later than 270 days after the date of 
enactment of this Act, the Administrator of General Services shall 
promulgate regulations that establish standards and procedures to be 
followed by the Administrator in making any future determination 
regarding ascertainment under section 3(c) of the Presidential 
Transition Act of 1963, as amended by subsection (a).

     TITLE XII--PRESIDENTIAL AND VICE PRESIDENTIAL TAX TRANSPARENCY

SEC. 1201. PRESIDENTIAL AND VICE PRESIDENTIAL TAX TRANSPARENCY.

    (a) Definitions.--In this section--
            (1) The term ``covered candidate'' means a candidate of a 
        major party in a general election for the office of President 
        or Vice President.
            (2) The term ``major party'' has the meaning given the term 
        in section 9002 of the Internal Revenue Code of 1986.
            (3) The term ``income tax return'' means, with respect to 
        an individual, any return (as such term is defined in section 
        6103(b)(1) of the Internal Revenue Code of 1986, except that 
        such term shall not include declarations of estimated tax) of--
                    (A) such individual, other than information returns 
                issued to persons other than such individual; or
                    (B) of any corporation, partnership, or trust in 
                which such individual holds, directly or indirectly, a 
                significant interest as the sole or principal owner or 
                the sole or principal beneficial owner (as such terms 
                are defined in regulations prescribed by the Secretary 
                of the Treasury or his delegate).
            (4) The term ``Secretary'' means the Secretary of the 
        Treasury or the delegate of the Secretary.
    (b) Disclosure.--
            (1) In general.--
                    (A) Candidates for president and vice president.--
                Not later than the date that is 15 days after the date 
                on which an individual becomes a covered candidate, the 
                individual shall submit to the Federal Election 
                Commission a copy of the individual's income tax 
                returns for the 10 most recent taxable years for which 
                a return has been filed with the Internal Revenue 
                Service.
                    (B) President and vice president.--With respect to 
                an individual who is the President or Vice President, 
                not later than the due date for the return of tax for 
                each taxable year, such individual shall submit to the 
                Federal Election Commission a copy of the individual's 
                income tax returns for the taxable year and for the 9 
                preceding taxable years.
                    (C) Transition rule for sitting presidents and vice 
                presidents.--Not later than the date that is 30 days 
                after the date of enactment of this section, an 
                individual who is the President or Vice President on 
                such date of enactment shall submit to the Federal 
                Election Commission a copy of the income tax returns 
                for the 10 most recent taxable years for which a return 
                has been filed with the Internal Revenue Service.
            (2) Failure to disclose.--If any requirement under 
        paragraph (1) to submit an income tax return is not met, the 
        chairman of the Federal Election Commission shall submit to the 
        Secretary a written request that the Secretary provide the 
        Federal Election Commission with the income tax return.
            (3) Publicly available.--The chairman of the Federal 
        Election Commission shall make publicly available each income 
        tax return submitted under paragraph (1) in the same manner as 
        a return provided under section 6103(l)(23) of the Internal 
        Revenue Code of 1986 (as added by this section).
            (4) Treatment as a report filed under the federal election 
        campaign act of 1971.--Section 304(a)(11) of the Federal 
        Election Campaign Act of 1971 (52 U.S.C. 30104(a)(11)) is 
        amended by adding at the end the following:
    ``(E) An income tax return filed under the Protecting Our Democracy 
Act of 2021 shall be filed in electronic form accessible by computers 
and shall be treated as a report filed under and required by this Act 
for purposes of subparagraphs (B) and (C), except that if it would 
require considerable, extensive, and significant time for the 
Commission to make redactions to such a return, as required under 
section 1201(b)(3) of the Protecting Our Democracy Act of 2021 or 
subparagraph (B)(ii) of section 6103(l)(23) of the Internal Revenue 
Code of 1986, the Commission may make the return available for public 
inspection more than 48 hours after receipt by the Commission, but in 
no event later than 30 days after receipt by the Commission.''.
    (c) Disclosure of Returns of Presidents and Vice Presidents and 
Certain Candidates for President and Vice President.--
            (1) In general.--Section 6103(l) of the Internal Revenue 
        Code of 1986 is amended by adding at the end the following new 
        paragraph:
            ``(23) Disclosure of return information of presidents and 
        vice presidents and certain candidates for president and vice 
        president.--
                    ``(A) In general.--Upon written request by the 
                chairman of the Federal Election Commission under 
                section 1201(b)(2) of the Protecting Our Democracy Act, 
                not later than the date that is 15 days after the date 
                of such request, the Secretary shall provide copies of 
                any return which is so requested to officers and 
                employees of the Federal Election Commission whose 
                official duties include disclosure or redaction of such 
                return under this paragraph.
                    ``(B) Disclosure to the public.--
                            ``(I) In general.--The chairman of the 
                        Federal Election Commission shall make publicly 
                        available any return which is provided under 
                        subparagraph (A).
                            ``(ii) Redaction of certain information.--
                        Before making publicly available under clause 
                        (I) any return, the chairman of the Federal 
                        Election Commission shall redact such 
                        information as the Federal Election Commission 
                        and the Secretary jointly determine is 
                        necessary for protecting against identity 
                        theft, such as social security numbers.''.
            (2) Conforming amendments.--Section 6103(p)(4) of such Code 
        is amended--
                    (A) in the matter preceding subparagraph (A) by 
                striking ``or (22)'' and inserting ``(22), or (23)''; 
                and
                    (B) in subparagraph (F)(ii) by striking ``or (22)'' 
                and inserting ``(22), or (23)''.
            (3) Effective date.--The amendments made by this subsection 
        shall apply to disclosures made on or after the date of 
        enactment of this Act.

                       DIVISION C--MISCELLANEOUS

        TITLE XIII--REPORTING FOREIGN INTERFERENCE IN ELECTIONS

SEC. 1301. 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. 1302. 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. 1303. 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. 1304. 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 1301(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. 1305. 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 XIV--ELIMINATING FOREIGN INTERFERENCE IN ELECTIONS

SEC. 1401. 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 1303, 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. 1402. REQUIRING ACKNOWLEDGMENT OF FOREIGN MONEY BAN BY POLITICAL 
              COMMITTEES.

    (a) Provision of Information by Federal Election Commission.--
Section 303 of the Federal Election Campaign Act of 1971 (52 U.S.C. 
30103) is amended by adding at the end the following new subsection:
    ``(e) Acknowledgment of Foreign Money Ban.--
            ``(1) Notification by commission.--Not later than 30 days 
        after a political committee files its statement of organization 
        under subsection (a), and biennially thereafter until the 
        committee terminates, the Commission shall provide the 
        committee with a written explanation of section 319.
            ``(2) Acknowledgment by committee.--
                    ``(A) In general.--Not later than 30 days after 
                receiving the written explanation of section 319 under 
                paragraph (1), the committee shall transmit to the 
                Commission a signed certification that the committee 
                has received such written explanation and has provided 
                a copy of the explanation to all members, employees, 
                contractors, and volunteers of the committee.
                    ``(B) Person responsible for signature.--The 
                certification required under subparagraph (A) shall be 
                signed--
                            ``(I) in the case of an authorized 
                        committee of a candidate, by the candidate; or
                            ``(ii) in the case of any other political 
                        committee, by the treasurer of the 
                        committee.''.
    (b) Effective Date; Transition for Existing Committees.--
            (1) In general.--The amendment made by subsection (a) shall 
        apply with respect to political committees which file 
        statements of organization under section 303 of the Federal 
        Election Campaign Act of 1971 (52 U.S.C. 30103) on or after the 
        date of the enactment of this Act.
            (2) Transition for existing committees.--
                    (A) Notification by federal election commission.--
                Not later than 90 days after the date of the enactment 
                of this Act, the Federal Election Commission shall 
                provide each political committee under such Act with 
                the written explanation of section 319 of such Act, as 
                required under section 303(e)(1) of such Act (as added 
                by subsection (a)).
                    (B) Acknowledgment by committee.--Not later than 30 
                days after receiving the written explanation under 
                subparagraph (A), each political committee under such 
                Act shall transmit to the Federal Election Commission 
                the signed certification, as required under section 
                303(e)(2) of such Act (as added by subsection (a)).

SEC. 1403. PROHIBITION ON CONTRIBUTIONS AND DONATIONS BY FOREIGN 
              NATIONALS IN CONNECTIONS WITH BALLOT INITIATIVES AND 
              REFERENDA.

    (a) In General.--Section 319(a)(1)(A) of the Federal Election 
Campaign Act of 1971 (52 U.S.C. 30121(a)(1)(A)) is amended by striking 
``State, or local election'' and inserting the following: ``State, or 
local election, including a State or local ballot initiative or 
referendum''.
    (b) Effective Date.--The amendment made by this section shall apply 
with respect to elections held in 2022 or any succeeding year.

    TITLE XV--PROHIBITING CAMPAIGNS FROM PAYING SPOUSE OF CANDIDATE

SEC. 1501. PROHIBITING USE OF CAMPAIGN FUNDS TO COMPENSATE SPOUSES OF 
              CANDIDATES; DISCLOSURE OF PAYMENTS MADE TO SPOUSES AND 
              FAMILY MEMBERS.

    (a) Prohibition; Disclosure.--Section 313 of the Federal Election 
Campaign Act of 1971 (52 U.S.C. 30114) is amended by adding at the end 
the following new subsection:
    ``(d) Prohibiting Compensation of Spouses; Disclosure of Payments 
to Spouses and Family Members.--
            ``(1) Prohibiting compensation of spouses.--Notwithstanding 
        any other provision of this Act, no authorized committee of a 
        candidate or any other political committee established, 
        maintained, or controlled by a candidate or an individual 
        holding Federal office (other than a political committee of a 
        political party) shall directly or indirectly compensate the 
        spouse of the candidate or individual (as the case may be) for 
        services provided to or on behalf of the committee.
            ``(2) Disclosure of payments to spouses and immediate 
        family members.--In addition to any other information included 
        in a report submitted under section 304 by a committee 
        described in paragraph (1), the committee shall include in the 
        report a separate statement of any payments, including direct 
        or indirect compensation, made to the spouse or any immediate 
        family member of the candidate or individual involved during 
        the period covered by the report.
            ``(3) Immediate family member defined.--In this subsection, 
        the term `immediate family member' means the son, daughter, 
        son-in-law, daughter-in-law, mother, father, brother, sister, 
        brother-in-law, sister-in-law, or grandchild of the candidate 
        or individual involved.''.
    (b) Conforming Amendment.--Section 313(a)(1) of such Act (52 U.S.C. 
30114(a)(1)) is amended by striking ``for otherwise'' and inserting 
``subject to subsection (d), for otherwise''.

SEC. 1502. IMPOSITION OF PENALTY AGAINST CANDIDATE OR OFFICEHOLDER.

    (a) In General.--Section 309 of the Federal Election Campaign Act 
of 1971 (52 U.S.C. 30109) is amended by adding at the end the following 
new subsection:
    ``(e) In the case of a violation of section 313(d) committed by a 
committee described in such section, if the candidate or individual 
involved knew of the violation, any penalty imposed under this section 
shall be imposed on the candidate or individual and not on the 
committee.''.
    (b) Prohibiting Reimbursement by Committee.--Section 313(d) of such 
Act (52 U.S.C. 30114(d)), as added by section 1501(a), is amended--
            (1) by redesignating paragraph (3) as paragraph (4); and
            (2) by inserting after paragraph (2) the following new 
        paragraph:
            ``(3) Prohibiting reimbursement by committee of penalty 
        paid by candidate for violations.--A committee described in 
        paragraph (1) may not make any payment to reimburse the 
        candidate or individual involved for any penalty imposed for a 
        violation of this subsection which is required to be paid by 
        the candidate or individual under section 309(e).''.

SEC. 1503. EFFECTIVE DATE.

    The amendments made by this title shall apply with respect to 
compensation and payments made on or after the date of enactment of 
this Act.

TITLE XVI--PROTECTING ELECTION OFFICIALS FROM DISCLOSURE OF PERSONALLY 
                        IDENTIFIABLE INFORMATION

SEC. 1601. SHORT TITLE.

    This title may be cited as the ``Election Officials Protection 
Act''.

SEC. 1602. REQUIRING STATES TO MAINTAIN LIST OF ELECTION OFFICIALS 
              PROTECTED FROM DISCLOSURE OF PERSONALLY IDENTIFIABLE 
              INFORMATION.

    (a) Requirement.--Title III of the Help America Vote Act of 2002 
(52 U.S.C. 21081 et seq.) is amended by inserting after section 303 the 
following new section:

``SEC. 303A. MAINTENANCE OF LIST OF ELECTION OFFICIALS PROTECTED FROM 
              DISCLOSURE OF PERSONALLY IDENTIFIABLE INFORMATION.

    ``(a) In General.--The office of the chief State election official 
of a State shall establish a program under which the office shall 
maintain a list of election officials whose personally identifiable 
information is protected from disclosure and kept confidential under 
the Election Officials Protection Act.
    ``(b) Eligibility for Participation in Program.--
            ``(1) Contents of application.--An election official is 
        eligible to be a program participant in the program established 
        under this section if the official submits to the office of the 
        chief State election official an application, at such time and 
        in such form as the official may require, which contains the 
        following information and assurances:
                    ``(A) Documentation showing that the applicant is 
                to commence service as an election official in the 
                State or is currently serving as an election official 
                in the State.
                    ``(B) A sworn statement that the applicant fears 
                for his or her safety or the safety of his or her 
                family, or the safety of the minor or incapacitated 
                person on whose behalf the application is made, due to 
                his or her service as an election official.
                    ``(C) Any police, court, or other government agency 
                records or files that show any complaints of alleged 
                threats or acts of violence against the applicant.
                    ``(D) The signature of the applicant and of any 
                individual or representative of any office designated 
                in writing who assisted in the preparation of the 
                application, and the date on which the applicant signed 
                the application.
                    ``(E) Such other information and assurances as the 
                chief State election official may require.
            ``(2) Period of participation.--Upon filing a properly 
        completed application under this subsection, the chief State 
        election official shall certify the applicant as a program 
        participant for a period of 4 years following the date of 
        filing, unless the applicant's participation in the program is 
        terminated before that date as provided under subsection (d).
    ``(c) Additional Notice to Program Participants.--The office of the 
chief State election official shall provide each program participant a 
notice in clear and conspicuous font that contains all of the following 
information:
            ``(1) The program participant may create a revocable living 
        trust and place his or her real property into the trust to 
        protect his or her residential street address from disclosure 
        in real property transactions.
            ``(2) The program participant may obtain a change of his or 
        her legal name to protect his or her anonymity.
            ``(3) A list of contact information for entities that the 
        program participant may contact to receive information on, or 
        receive legal services for, the creation of a trust to hold 
        real property or obtaining a name change, including county bar 
        associations, legal aid societies, State and local agencies, or 
        other nonprofit organizations that may be able to assist 
        program participants.
    ``(d) Termination of Participation.--
            ``(1) Grounds for termination.--The chief State election 
        official may terminate a program participant's participation in 
        the program for any of the following reasons:
                    ``(A) The program participant submits to the chief 
                State election official written notification of 
                withdrawal, in which case the participation shall be 
                terminated on the date of receipt of the notification.
                    ``(B) The program participant's certification term 
                has expired and the participant did not complete an 
                application for renewal of the certification.
                    ``(C) The chief State election official determines 
                that false information was used in the application 
                process to qualify as a program participant or that 
                participation in the program is being used as a 
                subterfuge to avoid detection of illegal or criminal 
                activity or apprehension by law enforcement.
                    ``(D) The program participant fails to disclose a 
                change in the participant's status as an election 
                official.
            ``(2) Appeal.--Except in the case of a termination on the 
        grounds described in subparagraph (A) of paragraph (1), the 
        chief State election official shall send written notification 
        of the intended termination to the program participant. The 
        program participant shall have 30 business days in which to 
        appeal the termination under procedures developed by the chief 
        State election official.
            ``(3) Notification of local offices.--The chief State 
        election official shall notify in writing the appropriate local 
        election officials, county clerks, and local recording offices 
        of the program participant's termination of participation in 
        the program. Upon receipt of this termination notification, 
        such officials, clerks, and offices--
                    ``(A) shall transmit to the chief State election 
                official all appropriate administrative records 
                pertaining to the program participant; and
                    ``(B) shall no longer be responsible for 
                maintaining the confidentiality of the program 
                participant's record.
            ``(4) Treatment of records.--
                    ``(A) Confidentiality.--Upon termination of a 
                program participant's certification, the chief State 
                election official shall retain records as follows:
                            ``(I) Except as provided in subparagraph 
                        (B), any records or documents pertaining to a 
                        program participant shall be held confidential.
                            ``(ii) All records or documents pertaining 
                        to a program participant shall be retained for 
                        a period of three years after termination of 
                        certification and then destroyed without 
                        further notice.
                    ``(B) Exception for termination based on false 
                information or subterfuge.--In the case of a 
                termination on the grounds described in subparagraph 
                (C) of paragraph (1), the chief State election official 
                may disclose information contained in the participant's 
                application.
    ``(e) Definitions.--
            ``(1) Election official.--In this section, an `election 
        official' with respect to a State is any individual, including 
        a volunteer, who is authorized by the State to carry out duties 
        relating to the administration of elections for Federal office 
        held in the State.
            ``(2) Member of the immediate family.--In this section, the 
        term `member of the immediate family' means, with respect to an 
        individual, a spouse, domestic partner, child, stepchild, 
        parent, or any blood relative of an individual who lives in the 
        same residence as the individual.
            ``(3) Personally identifiable information.--The term 
        `personally identifiable information' means, with respect to 
        any individual--
                    ``(A) a home address, including a primary residence 
                or vacation home address;
                    ``(B) a home, personal mobile, or direct telephone 
                line to a private office or residence;
                    ``(C) a personal email address;
                    ``(D) a social security number, driver's license 
                number, or voter registration information that includes 
                a home address;
                    ``(E) a bank account or credit or debit card 
                information;
                    ``(F) property tax records or any property 
                ownership records, including a secondary residence and 
                any investment property at which the individual resides 
                for part of a year;
                    ``(G) birth and marriage records;
                    ``(H) vehicle registration information;
                    ``(I) the identification of children of the 
                individual under the age of 18;
                    ``(J) the date of birth;
                    ``(K) directions to a home of the individual or a 
                member of the immediate family of the individual;
                    ``(L) a photograph of any vehicle including the 
                license plate or of a home including an address of the 
                individual or member of the immediate family of the 
                individual;
                    ``(M) the name and location of a school or day care 
                facility attended by a child of the individual or by a 
                child of a member of the immediate family of the 
                individual; or
                    ``(N) the name and location of an employer of the 
                individual or a member of the immediate family of the 
                individual.''.
    (b) Conforming Amendment Relating to Enforcement.--Section 401 of 
such Act (52 U.S.C. 21111) is amended by striking ``and 303'' and 
inserting ``303, and 303A''.
    (c) Clerical Amendment.--The table of contents of such Act is 
amended by inserting after the item relating to section 303 the 
following:

``Sec. 303A. Maintenance of list of election officials protected from 
                            disclosure of personally identifiable 
                            information.''.
    (d) Effective Date.--The amendments made by this section shall take 
effect September 1, 2022.

SEC. 1603. PROHIBITING PERSONS FROM MAKING INFORMATION ON PROGRAM 
              PARTICIPANTS AVAILABLE.

    (a) Requirements for Persons Receiving Requests From Program 
Participants.--If any person, including a business or association and a 
local government or other public entity, receives a written request 
from an individual who is a program participant under the program 
established by a State under section 303A of the Help America Vote Act 
of 2002 (hereafter referred to as a ``program participant'') or the 
agent of a program participant to not disclose the participant's 
personally identifiable information--
            (1) such person may not knowingly post or publicly display 
        the participant's personally identifiable information on the 
        Internet, including on any website or subsidiary website 
        controlled by such person;
            (2) such person may not knowingly transfer for 
        consideration the participant's personally identifiable 
        information to any other person, including a business or 
        association, through any medium;
            (3) if the participant or the agent of the participant 
        includes information in the written request to indicate that 
        the disclosure of the participant's personally identifiable 
        information would cause or threaten to cause imminent great 
        bodily harm to the participant or a member of the immediate 
        family of the participant, such person may not knowingly 
        transfer without consideration the participant's personally 
        identifiable information to any other person, including a 
        business or association, through any medium; and
            (4) if, prior to receiving the request, such person 
        publicly displayed the participant's personally identifiable 
        information on the Internet on any website or subsidiary 
        website controlled by such person, such person shall remove the 
        information from such websites not later than 72 hours after 
        receiving the request.
    (b) Enforcement.--
            (1) Action for injunctive or declaratory relief.--A program 
        participant who is aggrieved by a violation of subsection (a) 
        or subsection (b) may bring an action seeking injunctive or 
        declaratory relief in any court of competent jurisdiction. If 
        the court grants injunctive or declaratory relief, the person 
        responsible for the violation shall be required to pay the 
        participant's costs and reasonable attorney's fees.
            (2) Action for damages.--
                    (A) In general.--A program participant who is 
                aggrieved by a violation of subsection (a) or 
                subsection (b) may bring an action for damages in any 
                court of competent jurisdiction.
                    (B) Damages.--A prevailing plaintiff in an action 
                described in subparagraph (A) shall, for each 
                violation, be awarded damages in an amount determined 
                by the court, except that such amount--
                            (i) may not exceed 3 times the actual 
                        damages to the plaintiff; and
                            (ii) may not be less than $10,000.
    (c) Definitions.--In this section, the terms ``member of the 
immediate family'' and ``personally identifiable information'' have the 
meaning given such terms in section 303A of the Help America Vote Act 
of 2002.
    (d) Severability.--If any provision of this section, or the 
application of a provision of this section to any person or 
circumstance, is held to be unconstitutional, the remainder of this 
section, and the application of the provisions of this section to any 
person or circumstance, shall not be affected by the holding.

            TITLE XVII--CYBERSECURITY GUIDANCE FOR CAMPAIGNS

SEC. 1701. ISSUANCE OF CYBERSECURITY GUIDANCE AND BEST PRACTICES FOR 
              CAMPAIGNS BY FEDERAL ELECTION COMMISSION.

    (a) In General.--Section 311 of the Federal Election Campaign Act 
of 1971 (52 U.S.C. 30111) is amended by adding at the end the following 
new subsection:
    ``(g) Issuance of Cybersecurity Guidance and Best Practices.--
            ``(1) Issuance.--In consultation with the Directory of the 
        National Institute of Standards and Technology, the Director of 
        the Cybersecurity and Infrastructure Security Agency of the 
        Department of Homeland Security, and such other offices of the 
        government as the Commission considers appropriate, the 
        Commission shall issue--
                    ``(A) guidance for political committees and vendors 
                on cybersecurity risks, including threats to the 
                databases of such committees; and
                    ``(B) best practices for political committees to 
                protect their databases from such threats.
            ``(2) Updates.--The Commission shall regularly issue 
        updated versions of the guidance and best practices described 
        in paragraph (1).''.
    (b) Deadline.--The Federal Election Commission shall issue the 
first guidance and best practices under section 311(g) of the Federal 
Election Campaign Act of 1971, as added by subsection (a), not later 
than 6 months after the date of the enactment of this Act.

    TITLE XVIII--DETERMINATION OF NUMBER OF EMPLOYEES WITH SECURITY 
                               CLEARANCES

SEC. 1801. EXCLUSION OF EMPLOYEES WITH EXISTING SECURITY CLEARANCES 
              FROM DETERMINATION OF LIMIT ON NUMBER OF EMPLOYEES OF 
              HOUSE MEMBER OFFICES PERMITTED TO HAVE CLEARANCES.

    For purposes of any Rule or regulation of the House of 
Representatives which limits the number of employees of the office of a 
Member of the House (including a Delegate or Resident Commissioner to 
the Congress) who are permitted to have security clearances, an 
employee of the office who has a valid security clearance which the 
employee obtained prior to becoming an employee of the Member's office 
shall not be included in the determination of the number of employees 
of the office who have security clearances.

SEC. 1802. EXERCISE OF RULEMAKING AUTHORITY.

    This title is enacted by Congress--
            (1) as an exercise of the rulemaking power of the House of 
        Representatives, and as such it is deemed a part of the rules 
        of the House of Representatives, and it supersedes other rules 
        only to the extent that it is inconsistent with such rules; and
            (2) with full recognition of the constitutional right of 
        the House of Representatives to change the rules (so far as 
        relating to the procedure of the House) at any time, in the 
        same manner, and to the same extent as in the case of any other 
        rule of the House.

                         TITLE XIX--HONEST ADS

SEC. 1901. SHORT TITLE.

    This title may be cited as the ``Honest Ads Act''.

SEC. 1902. PURPOSE.

    The purpose of this title is to enhance the integrity of American 
democracy and national security by improving disclosure requirements 
for online political advertisements in order to uphold the Supreme 
Court's well-established standard that the electorate bears the right 
to be fully informed.

SEC. 1903. SENSE OF CONGRESS.

    It is the sense of Congress that--
            (1) the dramatic increase in digital political 
        advertisements, and the growing centrality of online platforms 
        in the lives of Americans, requires the Congress and the 
        Federal Election Commission to take meaningful action to ensure 
        that laws and regulations provide the accountability and 
        transparency that is fundamental to our democracy;
            (2) free and fair elections require both transparency and 
        accountability which give the public a right to know the true 
        sources of funding for political advertisements in order to 
        make informed political choices and hold elected officials 
        accountable; and
            (3) transparency of funding for political advertisements is 
        essential to enforce other campaign finance laws, including the 
        prohibition on campaign spending by foreign nationals.

SEC. 1904. EXPANSION OF DEFINITION OF PUBLIC COMMUNICATION.

    (a) In General.--Paragraph (22) of section 301 of the Federal 
Election Campaign Act of 1971 (52 U.S.C. 30101(22)) is amended by 
striking ``or satellite communication'' and inserting ``satellite, paid 
internet, or paid digital communication''.
    (b) Treatment of Contributions and Expenditures.--Section 301 of 
such Act (52 U.S.C. 30101) is amended--
            (1) in paragraph (8)(B)(v), by striking ``on broadcasting 
        stations, or in newspapers, magazines, or similar types of 
        general public political advertising'' and inserting ``in any 
        public communication''; and
            (2) in paragraph (9)(B)--
                    (A) by amending clause (i) to read as follows:
                            ``(i) any news story, commentary, or 
                        editorial distributed through the facilities of 
                        any broadcasting station or any print, online, 
                        or digital newspaper, magazine, blog, 
                        publication, or periodical, unless such 
                        broadcasting, print, online, or digital 
                        facilities are owned or controlled by any 
                        political party, political committee, or 
                        candidate;''; and
                    (B) in clause (iv), by striking ``on broadcasting 
                stations, or in newspapers, magazines, or similar types 
                of general public political advertising'' and inserting 
                ``in any public communication''.
    (c) Disclosure and Disclaimer Statements.--Subsection (a) of 
section 318 of such Act (52 U.S.C. 30120) is amended--
            (1) by striking ``financing any communication through any 
        broadcasting station, newspaper, magazine, outdoor advertising 
        facility, mailing, or any other type of general public 
        political advertising'' and inserting ``financing any public 
        communication''; and
            (2) by striking ``solicits any contribution through any 
        broadcasting station, newspaper, magazine, outdoor advertising 
        facility, mailing, or any other type of general public 
        political advertising'' and inserting ``solicits any 
        contribution through any public communication''.

SEC. 1905. EXPANSION OF DEFINITION OF ELECTIONEERING COMMUNICATION.

    (a) Expansion to Online Communications.--
            (1) Application to qualified internet and digital 
        communications.--
                    (A) In general.--Subparagraph (A) of section 
                304(f)(3) of the Federal Election Campaign Act of 1971 
                (52 U.S.C. 30104(f)(3)(A)) is amended by striking ``or 
                satellite communication'' each place it appears in 
                clauses (i) and (ii) and inserting ``satellite, or 
                qualified internet or digital communication''.
                    (B) Qualified internet or digital communication.--
                Paragraph (3) of section 304(f) of such Act (52 U.S.C. 
                30104(f)) is amended by adding at the end the following 
                new subparagraph:
                    ``(D) Qualified internet or digital 
                communication.--The term `qualified internet or digital 
                communication' means any communication which is placed 
                or promoted for a fee on an online platform (as defined 
                in subsection (k)(3)).''.
            (2) Nonapplication of relevant electorate to online 
        communications.--Section 304(f)(3)(A)(i)(III) of such Act (52 
        U.S.C. 30104(f)(3)(A)(i)(III)) is amended by inserting ``any 
        broadcast, cable, or satellite'' before ``communication''.
            (3) News exemption.--Section 304(f)(3)(B)(i) of such Act 
        (52 U.S.C. 30104(f)(3)(B)(i)) is amended to read as follows:
                            ``(i) a communication appearing in a news 
                        story, commentary, or editorial distributed 
                        through the facilities of any broadcasting 
                        station or any online or digital newspaper, 
                        magazine, blog, publication, or periodical, 
                        unless such broadcasting, online, or digital 
                        facilities are owned or controlled by any 
                        political party, political committee, or 
                        candidate;''.
    (b) Effective Date.--The amendments made by this section shall 
apply with respect to communications made on or after January 1, 2022.

SEC. 1906. APPLICATION OF DISCLAIMER STATEMENTS TO ONLINE 
              COMMUNICATIONS.

    (a) Clear and Conspicuous Manner Requirement.--Subsection (a) of 
section 318 of the Federal Election Campaign Act of 1971 (52 U.S.C. 
30120(a)) is amended--
            (1) by striking ``shall clearly state'' each place it 
        appears in paragraphs (1), (2), and (3) and inserting ``shall 
        state in a clear and conspicuous manner''; and
            (2) by adding at the end the following flush sentence: 
        ``For purposes of this section, a communication does not make a 
        statement in a clear and conspicuous manner if it is difficult 
        to read or hear or if the placement is easily overlooked.''.
    (b) Special Rules for Qualified Internet or Digital 
Communications.--
            (1) In general.--Section 318 of such Act (52 U.S.C. 30120) 
        is amended by adding at the end the following new subsection:
    ``(e) Special Rules for Qualified Internet or Digital 
Communications.--
            ``(1) Special rules with respect to statements.--In the 
        case of any qualified internet or digital communication (as 
        defined in section 304(f)(3)(D)) which is disseminated through 
        a medium in which the provision of all of the information 
        specified in this section is not possible, the communication 
        shall, in a clear and conspicuous manner--
                    ``(A) state the name of the person who paid for the 
                communication; and
                    ``(B) provide a means for the recipient of the 
                communication to obtain the remainder of the 
                information required under this section with minimal 
                effort and without receiving or viewing any additional 
                material other than such required information.
            ``(2) Safe harbor for determining clear and conspicuous 
        manner.--A statement in qualified internet or digital 
        communication (as defined in section 304(f)(3)(D)) shall be 
        considered to be made in a clear and conspicuous manner as 
        provided in subsection (a) if the communication meets the 
        following requirements:
                    ``(A) Text or graphic communications.--In the case 
                of a text or graphic communication, the statement--
                            ``(i) appears in letters at least as large 
                        as the majority of the text in the 
                        communication; and
                            ``(ii) meets the requirements of paragraphs 
                        (2) and (3) of subsection (c).
                    ``(B) Audio communications.--In the case of an 
                audio communication, the statement is spoken in a 
                clearly audible and intelligible manner at the 
                beginning or end of the communication and lasts at 
                least 3 seconds.
                    ``(C) Video communications.--In the case of a video 
                communication which also includes audio, the 
                statement--
                            ``(i) is included at either the beginning 
                        or the end of the communication; and
                            ``(ii) is made both in--
                                    ``(I) a written format that meets 
                                the requirements of subparagraph (A) 
                                and appears for at least 4 seconds; and
                                    ``(II) an audible format that meets 
                                the requirements of subparagraph (B).
                    ``(D) Other communications.--In the case of any 
                other type of communication, the statement is at least 
                as clear and conspicuous as the statement specified in 
                subparagraph (A), (B), or (C).''.
            (2) Nonapplication of certain exceptions.--The exceptions 
        provided in section 110.11(f)(1)(i) and (ii) of title 11, Code 
        of Federal Regulations, or any successor to such rules, shall 
        have no application to qualified internet or digital 
        communications (as defined in section 304(f)(3)(D) of the 
        Federal Election Campaign Act of 1971).
    (c) Modification of Additional Requirements for Certain 
Communications.--Section 318(d) of such Act (52 U.S.C. 30120(d)) is 
amended--
            (1) in paragraph (1)(A)--
                    (A) by striking ``which is transmitted through 
                radio'' and inserting ``which is in an audio format''; 
                and
                    (B) by striking ``By radio'' in the heading and 
                inserting ``Audio format'';
            (2) in paragraph (1)(B)--
                    (A) by striking ``which is transmitted through 
                television'' and inserting ``which is in video 
                format''; and
                    (B) by striking ``By television'' in the heading 
                and inserting ``Video format''; and
            (3) in paragraph (2)--
                    (A) by striking ``transmitted through radio or 
                television'' and inserting ``made in audio or video 
                format''; and
                    (B) by striking ``through television'' in the 
                second sentence and inserting ``in video format''.

SEC. 1907. POLITICAL RECORD REQUIREMENTS FOR ONLINE PLATFORMS.

    (a) In General.--Section 304 of the Federal Election Campaign Act 
of 1971 (52 U.S.C. 30104), as amended by section 1301(a)(1), is further 
amended by adding at the end the following new subsection:
    ``(k) Disclosure of Certain Online Advertisements.--
            ``(1) In general.--
                    ``(A) Requirements for online platforms.--An online 
                platform shall maintain, and make available for online 
                public inspection in machine readable format, a 
                complete record of any request to purchase on such 
                online platform a qualified political advertisement 
                which is made by a person whose aggregate requests to 
                purchase qualified political advertisements on such 
                online platform during the calendar year exceeds $500.
                    ``(B) Requirements for advertisers.--Any person who 
                requests to purchase a qualified political 
                advertisement on an online platform shall provide the 
                online platform with such information as is necessary 
                for the online platform to comply with the requirements 
                of subparagraph (A).
            ``(2) Contents of record.--A record maintained under 
        paragraph (1)(A) shall contain--
                    ``(A) a digital copy of the qualified political 
                advertisement;
                    ``(B) a description of the audience targeted by the 
                advertisement, the number of views generated from the 
                advertisement, and the date and time that the 
                advertisement is first displayed and last displayed; 
                and
                    ``(C) information regarding--
                            ``(i) the average rate charged for the 
                        advertisement;
                            ``(ii) the name of the candidate to which 
                        the advertisement refers and the office to 
                        which the candidate is seeking election, the 
                        election to which the advertisement refers, or 
                        the national legislative issue to which the 
                        advertisement refers (as applicable);
                            ``(iii) in the case of a request made by, 
                        or on behalf of, a candidate, the name of the 
                        candidate, the authorized committee of the 
                        candidate, and the treasurer of such committee; 
                        and
                            ``(iv) in the case of any request not 
                        described in clause (iii), the name of the 
                        person purchasing the advertisement, the name 
                        and address of a contact person for such 
                        person, and a list of the chief executive 
                        officers or members of the executive committee 
                        or of the board of directors of such person, 
                        and, if the person purchasing the advertisement 
                        is acting as the agent of a foreign principal 
                        under the Foreign Agents Registration Act of 
                        1938, as amended (22 U.S.C. 611 et seq.), a 
                        statement that the person is acting as the 
                        agent of a foreign principal and the 
                        identification of the foreign principal 
                        involved.
            ``(3) Online platform.--For purposes of this subsection, 
        the term `online platform' means any public-facing website, web 
        application, or digital application (including a social 
        network, ad network, or search engine) which--
                    ``(A) sells qualified political advertisements; and
                    ``(B) has 50,000,000 or more unique monthly United 
                States visitors or users for a majority of months 
                during the preceding 12 months.
            ``(4) Qualified political advertisement.--For purposes of 
        this subsection, the term `qualified political advertisement' 
        means any advertisement (including search engine marketing, 
        display advertisements, video advertisements, native 
        advertisements, and sponsorships) that--
                    ``(A) is made by or on behalf of a candidate; or
                    ``(B) communicates a message relating to any 
                political matter of national importance, including--
                            ``(i) a candidate;
                            ``(ii) any election to Federal office; or
                            ``(iii) a national legislative issue of 
                        public importance.
            ``(5) Time to maintain file.--The information required 
        under this subsection shall be made available as soon as 
        possible and shall be retained by the online platform for a 
        period of not less than 4 years.
            ``(6) Safe harbor for platforms making best efforts to 
        identify requests which are subject to record maintenance 
        requirements.--In accordance with rules established by the 
        Commission, if an online platform shows that the platform used 
        best efforts to determine whether or not a request to purchase 
        a qualified political advertisement was subject to the 
        requirements of this subsection, the online platform shall not 
        be considered to be in violation of such requirements.
            ``(7) Penalties.--For penalties for failure by online 
        platforms, and persons requesting to purchase a qualified 
        political advertisement on online platforms, to comply with the 
        requirements of this subsection, see section 309.''.
    (b) Rulemaking.--Not later than 120 days after the date of the 
enactment of this Act, the Federal Election Commission shall establish 
rules--
            (1) requiring common data formats for the record required 
        to be maintained under section 304(k) of the Federal Election 
        Campaign Act of 1971 (as added by subsection (a)) so that all 
        online platforms submit and maintain data online in a common, 
        machine-readable and publicly accessible format;
            (2) establishing search interface requirements relating to 
        such record, including searches by candidate name, issue, 
        purchaser, and date; and
            (3) establishing the criteria for the safe harbor exception 
        provided under paragraph (6) of section 304(k) of such Act (as 
        added by subsection (a)).
    (c) Reporting.--Not later than 2 years after the date of the 
enactment of this Act, and biannually thereafter, the Chairman of the 
Federal Election Commission shall submit a report to Congress on--
            (1) matters relating to compliance with and the enforcement 
        of the requirements of section 304(k) of the Federal Election 
        Campaign Act of 1971, as added by subsection (a);
            (2) recommendations for any modifications to such section 
        to assist in carrying out its purposes; and
            (3) identifying ways to bring transparency and 
        accountability to political advertisements distributed online 
        for free.

SEC. 1908. PREVENTING CONTRIBUTIONS, EXPENDITURES, INDEPENDENT 
              EXPENDITURES, AND DISBURSEMENTS FOR ELECTIONEERING 
              COMMUNICATIONS BY FOREIGN NATIONALS IN THE FORM OF ONLINE 
              ADVERTISING.

    Section 319 of the Federal Election Campaign Act of 1971 (52 U.S.C. 
30121), as amended by section 1401(a), is further amended by adding at 
the end the following new subsection:
    ``(d) Responsibilities of Broadcast Stations, Providers of Cable 
and Satellite Television, and Online Platforms.--
            ``(1) Responsibilities described.--Each television or radio 
        broadcast station, provider of cable or satellite television, 
        or online platform (as defined in section 304(k)(3)) shall make 
        reasonable efforts to ensure that communications described in 
        section 318(a) and made available by such station, provider, or 
        platform are not purchased by a foreign national, directly or 
        indirectly. For purposes of the previous sentence, a station, 
        provider, or online platform shall not be considered to have 
        made reasonable efforts under this paragraph in the case of the 
        availability of a communication unless the station, provider, 
        or online platform directly inquires from the individual or 
        entity making such purchase whether the purchase is to be made 
        by a foreign national, directly or indirectly.
            ``(2) Special rules for disbursement paid with credit 
        card.--For purposes of paragraph (1), a television or radio 
        broadcast station, provider of cable or satellite television, 
        or online platform shall be considered to have made reasonable 
        efforts under such paragraph in the case of a purchase of the 
        availability of a communication which is made with a credit 
        card if--
                    ``(A) the individual or entity making such purchase 
                is required, at the time of making such purchase, to 
                disclose the credit verification value of such credit 
                card; and
                    ``(B) the billing address associated with such 
                credit card is located in the United States or, in the 
                case of a purchase made by an individual who is a 
                United States citizen living outside of the United 
                States, the individual provides the television or radio 
                broadcast station, provider of cable or satellite 
                television, or online platform with the United States 
                mailing address the individual uses for voter 
                registration purposes.''.

SEC. 1909. INDEPENDENT STUDY ON MEDIA LITERACY AND ONLINE POLITICAL 
              CONTENT CONSUMPTION.

    (a) Independent Study.--Not later than 30 days after the date of 
enactment of this Act, the Federal Election Commission shall commission 
an independent study and report on media literacy with respect to 
online political content consumption among voting-age Americans.
    (b) Elements.--The study and report under subsection (a) shall 
include the following:
            (1) An evaluation of media literacy skills, such as the 
        ability to evaluate sources, synthesize multiple accounts into 
        a coherent understanding of an issue, understand the context of 
        communications, and responsibly create and share information, 
        among voting-age Americans.
            (2) An analysis of the effects of media literacy education 
        and particular media literacy skills on the ability to 
        critically consume online political content, including 
        political advertising.
            (3) Recommendations for improving voting-age Americans' 
        ability to critically consume online political content, 
        including political advertising.
    (c) Deadline.--Not later than 270 days after the date of enactment 
of this Act, the entity conducting the study and report under 
subsection (a) shall submit the report to the Commission.
    (d) Submission to Congress.--Not later than 30 days after receiving 
the report under subsection (c), the Commission shall submit the report 
to the Committee on House Administration of the House of 
Representatives and the Committee on Rules and Administration of the 
Senate, together with such comments on the report as the Commission 
considers appropriate.
    (e) Definition of Media Literacy.--The term ``media literacy'' 
means the ability to--
            (1) access relevant and accurate information through media;
            (2) critically analyze media content and the influences of 
        media;
            (3) evaluate the comprehensiveness, relevance, credibility, 
        authority, and accuracy of information;
            (4) make educated decisions based on information obtained 
        from media and digital sources;
            (5) operate various forms of technology and digital tools; 
        and
            (6) reflect on how the use of media and technology may 
        affect private and public life.

      TITLE XX--PROHIBITING USE OF DEEPFAKES IN ELECTION CAMPAIGNS

SEC. 2001. PROHIBITION ON DISTRIBUTION OF MATERIALLY DECEPTIVE AUDIO OR 
              VISUAL MEDIA PRIOR TO ELECTION.

    (a) In General.--Title III of the Federal Election Campaign Act of 
1971 (52 U.S.C. 30101 et seq.) is amended by adding at the end the 
following new section:

``SEC. 325. PROHIBITION ON DISTRIBUTION OF MATERIALLY DECEPTIVE MEDIA 
              PRIOR TO ELECTION.

    ``(a) In General.--Except as provided in subsections (b) and (c), a 
person, political committee, or other entity shall not, within 60 days 
of a election for Federal office at which a candidate for elective 
office will appear on the ballot, distribute, with actual malice, 
materially deceptive audio or visual media of the candidate with the 
intent to injure the candidate's reputation or to deceive a voter into 
voting for or against the candidate.
    ``(b) Exception.--
            ``(1) Required language.--The prohibition in subsection (a) 
        does not apply if the audio or visual media includes--
                    ``(A) a disclosure stating: ``This _____ has been 
                manipulated.''; and
                    ``(B) filled in the blank in the disclosure under 
                subparagraph (A), the term `image', `video', or 
                `audio', as most accurately describes the media.
            ``(2) Visual media.--For visual media, the text of the 
        disclosure shall appear in a size that is easily readable by 
        the average viewer and no smaller than the largest font size of 
        other text appearing in the visual media. If the visual media 
        does not include any other text, the disclosure shall appear in 
        a size that is easily readable by the average viewer. For 
        visual media that is video, the disclosure shall appear for the 
        duration of the video.
            ``(3) Audio-only media.--If the media consists of audio 
        only, the disclosure shall be read in a clearly spoken manner 
        and in a pitch that can be easily heard by the average 
        listener, at the beginning of the audio, at the end of the 
        audio, and, if the audio is greater than 2 minutes in length, 
        interspersed within the audio at intervals of not greater than 
        2 minutes each.
    ``(c) Inapplicability to Certain Entities.--This section does not 
apply to the following:
            ``(1) A radio or television broadcasting station, including 
        a cable or satellite television operator, programmer, or 
        producer, that broadcasts materially deceptive audio or visual 
        media prohibited by this section as part of a bona fide 
        newscast, news interview, news documentary, or on-the-spot 
        coverage of bona fide news events, if the broadcast clearly 
        acknowledges through content or a disclosure, in a manner that 
        can be easily heard or read by the average listener or viewer, 
        that there are questions about the authenticity of the 
        materially deceptive audio or visual media.
            ``(2) A radio or television broadcasting station, including 
        a cable or satellite television operator, programmer, or 
        producer, when it is paid to broadcast materially deceptive 
        audio or visual media.
            ``(3) An internet website, or a regularly published 
        newspaper, magazine, or other periodical of general 
        circulation, including an internet or electronic publication, 
        that routinely carries news and commentary of general interest, 
        and that publishes materially deceptive audio or visual media 
        prohibited by this section, if the publication clearly states 
        that the materially deceptive audio or visual media does not 
        accurately represent the speech or conduct of the candidate.
            ``(4) Materially deceptive audio or visual media that 
        constitutes satire or parody.
    ``(d) Civil Action.--
            ``(1) Injunctive or other equitable relief.--A candidate 
        for elective office whose voice or likeness appears in a 
        materially deceptive audio or visual media distributed in 
        violation of this section may seek injunctive or other 
        equitable relief prohibiting the distribution of audio or 
        visual media in violation of this section. An action under this 
        paragraph shall be entitled to precedence in accordance with 
        the Federal Rules of Civil Procedure.
            ``(2) Damages.--A candidate for elective office whose voice 
        or likeness appears in a materially deceptive audio or visual 
        media distributed in violation of this section may bring an 
        action for general or special damages against the person, 
        committee, or other entity that distributed the materially 
        deceptive audio or visual media. The court may also award a 
        prevailing party reasonable attorney's fees and costs. This 
        paragraph shall not be construed to limit or preclude a 
        plaintiff from securing or recovering any other available 
        remedy.
            ``(3) Burden of proof.--In any civil action alleging a 
        violation of this section, the plaintiff shall bear the burden 
        of establishing the violation through clear and convincing 
        evidence.
    ``(e) Rule of Construction.--This section shall not be construed to 
alter or negate any rights, obligations, or immunities of an 
interactive service provider under section 230 of title 47, United 
States Code.
    ``(f) Materially Deceptive Audio or Visual Media Defined.--In this 
section, the term `materially deceptive audio or visual media' means an 
image or an audio or video recording of a candidate's appearance, 
speech, or conduct that has been intentionally manipulated in a manner 
such that both of the following conditions are met:
            ``(1) The image or audio or video recording would falsely 
        appear to a reasonable person to be authentic.
            ``(2) The image or audio or video recording would cause a 
        reasonable person to have a fundamentally different 
        understanding or impression of the expressive content of the 
        image or audio or video recording than that person would have 
        if the person were hearing or seeing the unaltered, original 
        version of the image or audio or video recording.''.
    (b) Criminal Penalties.--Section 309(d)(1) of the Federal Election 
Campaign Act of 1971 (52 U.S.C. 30109(d)(1)), as amended by section 
1303, is further amended by adding at the end the following new 
subparagraph:
    ``(G) Any person who knowingly and willfully commits a violation of 
section 325 shall be fined not more than $100,000, imprisoned not more 
than 5 years, or both.''.
    (c) Effect on Defamation Action.--For purposes of an action for 
defamation, a violation of section 325 of the Federal Election Campaign 
Act of 1971, as added by subsection (a), shall constitute defamation 
per se.

      TITLE XXI--ASSISTANCE FOR TRANSITION TO RANKED CHOICE VOTING

SEC. 2101. SHORT TITLE.

    This title may be cited as the ``Voter Choice Act''.

SEC. 2102. ASSISTANCE FOR TRANSITION TO RANKED CHOICE VOTING.

    (a) In General.--Title V of the Help America Vote Act of 2002 (52 
U.S.C. 21121 et seq.) is amended by adding at the end the following:

               ``Subtitle B--Ranked Choice Voting Program

``SEC. 511. RANKED CHOICE VOTING PROGRAM.

    ``(a) Definition of Ranked Choice Voting System.--For purposes of 
this subtitle, the term `ranked choice voting system' means a set of 
election methods which allow each voter to rank contest options in 
order of the voter's preference, in which votes are counted in rounds 
using a series of runoff tabulations to defeat contest options with the 
fewest votes, and which elects a winner with a majority of final round 
votes in a single-winner contest and provides proportional 
representation in multi-winner contests.
    ``(b) Program.--The Commission shall establish a program under 
which the Commission--
            ``(1) provides technical assistance to State and local 
        governments that are considering whether to make, or that are 
        in the process of making, a transition to a ranked choice 
        voting system for Federal, State, or local elections; and
            ``(2) awards grants to States and local government to 
        support the transition to a ranked choice voting system, 
        including through the acquisition of voting equipment and 
        tabulation software, appropriate ballot design, the development 
        and publication of educational materials, and voter outreach.
    ``(c) Rules for Grants.--
            ``(1) Selection of grant recipients.--To the extent 
        possible, the Commission shall award grants under subsection 
        (b)(2) to areas that represent a diversity of jurisdictions 
        with respect to geography, population characteristics, and 
        population density.
            ``(2) Award limitation.--The amount of any grant awarded 
        under subsection (b)(2) shall not exceed 50 percent of the cost 
        of the activities covered by the grant.

``SEC. 512. AUTHORIZATION OF APPROPRIATIONS.

    ``(a) In General.--In addition to any funds authorized to be 
appropriated to the Commission under section 210, there are authorized 
to be appropriated to carry out this subtitle $40,000,000 for fiscal 
year 2022.
    ``(b) Availability of Funds.--Amounts appropriated pursuant to the 
authorization under this section shall remain available, without fiscal 
year limitation, until expended.''.
    (b) Conforming Amendments.--
            (1) Section 202(6) of the Help America Vote Act of 2002 (52 
        U.S.C. 20922) is amended by striking ``the Help America Vote 
        College Program under title V'' and inserting ``the programs 
        under title V''.
            (2) Title V of the Help America Vote Act of 2002 (52 U.S.C. 
        21121 et seq.) is amended by striking the matter preceding 
        section 501 and inserting the following:

                ``TITLE V--ELECTION ASSISTANCE PROGRAMS

           ``Subtitle A--Help America Vote College Program''.

            (3) Section 503 of such Act (52 U.S.C. 21123) is amended by 
        striking ``title'' and inserting ``subtitle''.
            (4) The table of sections of the Help America Vote Act of 
        2002 is amended--
                    (A) by striking the item relating to title V and 
                inserting the following:

                ``TITLE V--ELECTION ASSISTANCE PROGRAMS

           ``Subtitle A--Help America Vote College Program'';

                and
                    (B) by inserting after the item relating to section 
                503 the following:

               ``Subtitle B--Ranked Choice Voting Program

``Sec. 511. Ranked choice voting program.
``Sec. 512. Authorization of appropriations.''.

                        DIVISION D--SEVERABILITY

                        TITLE XXII--SEVERABILITY

SEC. 2201. 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.

SEC. 2202. PROHIBITION ON USE OF FEDERAL PROPERTY FOR POLITICAL 
              CONVENTIONS.

    (a) In General.--Chapter 29 of title 18, United States Code, is 
amended by inserting after section 611 the following:
``Sec. 612. Prohibition on use of Federal property for certain 
              political activities
    ``(a) A convention of a national political party held to nominate a 
candidate for the office of President or Vice President may not be held 
on or in any Federal property.
    ``(b) Any candidate or the authorized committee of the candidate 
under the Federal Election Campaign Act of 1971 which was responsible 
for a convention in violation of subsection (a) shall be subject to an 
assessment of a civil penalty equal to the fair market value of the 
cost of the convention or $50,000, whichever is greater, or imprisoned 
not more than five years, or both.
    ``(c) In this section, the term `Federal property' means any 
building, land, or other real property owned, leased, or occupied by 
any department, agency, or instrumentality of the United States, 
including the White House grounds and the White House (including the 
Old Executive Office Building, the West Wing, the East Wing, the Rose 
Garden, and the Executive Residence, but not including the second floor 
of the Executive Residence).''.
    (b) Clerical Amendment.--The table of sections for such chapter is 
amended by inserting after the item relating to section 611 the 
following:

``612. Prohibition on use of Federal property for certain political 
                            activities.''.
    (c) Application.--
            (1) In general.--This Act and the amendments made by this 
        Act shall apply to any convention described in section 612(a) 
        of title 18, United States Code, as added by subsection (a), 
        occurring on or after the date of enactment of this Act.
            (2) Travel.--Nothing in this Act or the amendments made by 
        this Act shall be construed to limit or otherwise prevent the 
        President or Vice President from using vehicles (including 
        aircraft) owned or leased by the Government for travel to or 
        from any such convention.

SEC. 2203. IMPROVING ACCESS TO INFLUENTIAL VISITOR ACCESS RECORDS.

    (a) Definitions.--In this section:
            (1) Covered location.--The term ``covered location'' 
        means--
                    (A) the White House;
                    (B) the residence of the Vice President; and
                    (C) any other location at which the President or 
                the Vice President regularly conducts official 
                business.
            (2) Covered records.--The term ``covered records'' means 
        information relating to a visit at a covered location, which 
        shall include--
                    (A) the name of each visitor at the covered 
                location;
                    (B) the name of each individual with whom each 
                visitor described in subparagraph (A) met at the 
                covered location; and
                    (C) the purpose of the visit.
    (b) Requirement.--Except as provided in subsection (c), not later 
than 90 days after the date of enactment of this Act, the President 
shall establish and update, every 90 days thereafter, a publicly 
available database that contains covered records for the preceding 90-
day period, on a publicly available website in an easily searchable and 
downloadable format.
    (c) Exceptions.--
            (1) In general.--The President shall not include in the 
        database established under subsection (b) any covered record--
                    (A) the posting of which would implicate personal 
                privacy or law enforcement concerns or threaten 
                national security;
                    (B) relating to a purely personal guest at a 
                covered location; or
                    (C) that reveals the social security number, 
                taxpayer identification number, birth date, home 
                address, or personal phone number of an individual, the 
                name of an individual who is less than 18 years old, or 
                a financial account number.
            (2) Sensitive meetings.--With respect to a particularly 
        sensitive meeting at a covered location, the President shall--
                    (A) include the number of visitors at the covered 
                location in the database established under subsection 
                (b);
                    (B) post the applicable covered records in the 
                database established under subsection (b) when the 
                President determines that release of the covered 
                records is no longer sensitive; and
                    (C) post any reasonably segregable portion that is 
                not covered by an exception described in subsection (c) 
                of any such excepted record on the website described 
                under subsection (b).

               TITLE XXIII--PREVENTING A PATRONAGE SYSTEM

SEC. 2301. LIMITATIONS ON EXCEPTION OF COMPETITIVE SERVICE POSITIONS.

    (a) In General.--No position in the competitive service (as defined 
under section 2102 of title 5, United States Code) may be excepted from 
the competitive service unless such position is placed--
            (1) in any of the schedules A through E as described in 
        section 6.2 of title 5, Code of Federal Regulations, as in 
        effect on September 30, 2020; and
            (2) under the terms and conditions under part 6 of such 
        title as in effect on such date.
    (b) Subsequent Transfers.--No position in the excepted service (as 
defined under section 2103 of title 5, United States Code) may be 
placed in any schedule other than a schedule described in subsection 
(a)(1).

               DIVISION E--PROTECTING ELECTION OFFICIALS

                       TITLE XXIV--DOJ TASK FORCE

SEC. 2401. ELECTION OFFICIALS SECURITY TASK FORCE.

    The Attorney General shall establish a task force, to be headed by 
the head of the Civil Rights Division of the Department of Justice, for 
purposes of studying threats or acts of violence against the people 
responsible for ensuring the integrity of Federal and State elections 
in the United States, and their families, and to provide expertise and 
resources for the identification, investigation, and prosecution of the 
persons responsible for such threats and acts, including by making 
referrals for criminal prosecutions. The task force shall include 
representatives from the following:
            (1) The Federal Bureau of Investigation.
            (2) The United States Marshals Service.
            (3) The Cybersecurity and Infrastructure Security Agency of 
        the Department of Homeland Security.
            (4) State and local prosecutors and election officials.
            (5) The Election Assistance Commission.
            (6) Elections officials associations.

            Passed the House of Representatives December 9, 2021.

            Attest:

                                                                 Clerk.
117th CONGRESS

  1st Session

                               H. R. 5314

_______________________________________________________________________

                                 AN ACT

 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.