[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5048 Introduced in House (IH)]

<DOC>






118th CONGRESS
  1st Session
                                H. R. 5048

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


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             July 27, 2023

  Mr. Schiff (for himself, Mr. Nadler, Mr. Larsen of Washington, Mr. 
    Evans, Ms. DeLauro, Mr. Cardenas, Mr. Raskin, Ms. Brownley, Ms. 
  Schakowsky, Mr. Himes, Mr. Boyle of Pennsylvania, Mr. Morelle, Mr. 
Trone, Mr. Sherman, Mr. Johnson of Georgia, Mr. Takano, Ms. Norton, Ms. 
Williams of Georgia, Ms. Sewell, Ms. DelBene, Ms. Barragan, Mr. Casten, 
 Mr. Robert Garcia of California, Mr. Phillips, Ms. Tokuda, Mr. Pocan, 
  Mr. DeSaulnier, Mr. Sarbanes, Mr. Mullin, Mr. Bera, Mr. Allred, Ms. 
 Lofgren, Mr. Kilmer, Mr. Ivey, Ms. Clarke of New York, Mr. Gomez, Mr. 
Swalwell, Mr. Lieu, Mr. Goldman of New York, Ms. Wilson of Florida, Mr. 
Kim of New Jersey, Mr. Gallego, Mr. Connolly, Mrs. Watson Coleman, Ms. 
Dean of Pennsylvania, Mr. Bishop of Georgia, Ms. McCollum, Mr. Higgins 
of New York, Ms. Jackson Lee, Ms. Jayapal, Mr. Correa, Mr. David Scott 
   of Georgia, Mr. Khanna, Ms. Stevens, Ms. Scanlon, Ms. Titus, Ms. 
 Pelosi, Mr. Cohen, Mr. Blumenauer, Ms. Meng, Mr. Quigley, Ms. Porter, 
Ms. Balint, Ms. Eshoo, Mr. Huffman, Mr. Carter of Louisiana, Mr. Mfume, 
Mr. Lynch, Mr. Aguilar, Mr. Carson, Mr. Crow, Mr. McGovern, Mr. Torres 
 of New York, Ms. Blunt Rochester, Ms. Lee of California, Mr. Deluzio, 
     Mr. Panetta, Ms. Pingree, Ms. Strickland, Ms. Velazquez, Mr. 
     Auchincloss, Mr. Pascrell, Ms. Garcia of Texas, Mr. Larson of 
  Connecticut, Mr. Espaillat, Mr. Pallone, Mr. Davis of Illinois, Ms. 
    Kelly of Illinois, Ms. Wexton, Mr. Davis of North Carolina, Ms. 
 Escobar, Mrs. Hayes, Mrs. Beatty, Ms. Salinas, Ms. Castor of Florida, 
 Mrs. Fletcher, Mr. Norcross, Mrs. Napolitano, Ms. Sanchez, Mr. Beyer, 
 Mr. Scott of Virginia, Ms. Brown, Mr. Neguse, Ms. Jacobs, Ms. Tlaib, 
Mr. Levin, Mr. Grijalva, and Mr. Tonko) introduced the following bill; 
 which was referred to the Committee on Oversight and Accountability, 
       and in addition to the Committees on the Judiciary, House 
 Administration, the Budget, Transportation and Infrastructure, Rules, 
 Foreign Affairs, Ways and Means, and Intelligence (Permanent Select), 
for a period to be subsequently determined by the Speaker, in each case 
for consideration of such provisions as fall within the jurisdiction of 
                        the committee concerned

_______________________________________________________________________

                                 A BILL


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

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

SECTION 1. SHORT TITLE.

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

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

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

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

             TITLE I--ABUSE OF THE PARDON POWER PREVENTION

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

Sec. 201. Short title.
Sec. 202. Tolling of statute of limitations.
Sec. 203. Contracts by the President, the Vice President, or a Cabinet 
                            member.
Sec. 204. Forfeiture of benefits for former Presidents convicted of a 
                            felony.
 TITLE III--ENFORCEMENT OF THE FOREIGN AND DOMESTIC EMOLUMENTS CLAUSES 
                          OF THE CONSTITUTION

Sec. 301. Short title.
Sec. 302. Definitions.
Sec. 303. Prohibition on acceptance of foreign and domestic emoluments.
Sec. 304. Civil actions by Congress concerning foreign emoluments.
Sec. 305. Disclosures concerning foreign and domestic emoluments.
Sec. 306. Enforcement authority of the Director of the Office of 
                            Government Ethics.
Sec. 307. Jurisdiction of the Office of Special Counsel.
Sec. 308. Rulemaking for ethics requirements for legal expense funds.
Sec. 309. Limitations and disclosure of certain donations to, and 
                            disbursements by, inaugural committees.
    DIVISION B--RESTORING CHECKS AND BALANCES, ACCOUNTABILITY, AND 
                              TRANSPARENCY

            TITLE IV--ENFORCEMENT OF CONGRESSIONAL SUBPOENAS

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

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

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

         Part 1--Funds Management and Reporting to the Congress

Sec. 511. Expired balance reporting in the President's budget.
Sec. 512. Cancelled balance reporting in the President's budget.
Sec. 513. Lapse in appropriations--reporting in the President's budget.
Sec. 514. Transfer and other repurposing authority reporting in the 
                            President's budget.
Sec. 515. Authorizing cancellations in indefinite accounts by 
                            appropriation.
      Part 2--Empowering Congressional Review Through Nonpartisan 
          Congressional Agencies and Transparency Initiatives

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

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

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

            Subtitle A--Whistleblower Protection Improvement

Sec. 701. Short title.
Sec. 702. Additional whistleblower protections.
Sec. 703. Enhancement of whistleblower protections.
Sec. 704. Classifying certain furloughs as adverse personnel actions.
Sec. 705. Codification of protections for disclosures of censorship 
                            related to research, analysis, or technical 
                            information.
Sec. 706. Title 5 technical and conforming amendments.
        Subtitle B--Whistleblowers of the Intelligence Community

Sec. 711. Limitation on sharing of intelligence community whistleblower 
                            complaints with persons named in such 
                            complaints.
Sec. 712. Disclosures to Congress.
Sec. 713. Prohibition against disclosure of whistleblower identity as 
                            reprisal against whistleblower disclosure 
                            by employees and contractors in 
                            intelligence community.
            TITLE VIII--ACCOUNTABILITY FOR ACTING OFFICIALS

Sec. 801. Short title.
Sec. 802. Clarification of Federal Vacancies Reform Act of 1998.
      TITLE IX--STRENGTHENING HATCH ACT ENFORCEMENT AND PENALTIES

     Subtitle A--Strengthening Hatch Act Enforcement and Penalties

Sec. 901. Short title.
Sec. 902. Strengthening Hatch Act enforcement and penalties against 
                            political appointees.
Sec. 903. Including Executive Office of the President under limitation 
                            on nepotism in the civil service.
Sec. 904. Disclosure of Hatch Act investigations for certain political 
                            employees.
Sec. 905. Clarification on candidates visiting Federal property.
Sec. 906. Applying Hatch Act to President and Vice President while on 
                            Federal property.
Sec. 907. Granting the Office of Special Counsel rulemaking authority.
Sec. 908. Greater accountability for political appointees.
Sec. 909. Investigating former political employees.
Sec. 910. GAO review of reimbursable political events.
Subtitle B--Strengthening Ethics Enforcement and Penalties for Federal 
                          Executive Employees

Sec. 911. Definitions.
Sec. 912. Ethics pledge.
Sec. 913. Waivers.
Sec. 914. Administration.
Sec. 915. Enforcement.
Sec. 916. General provisions.
      TITLE X--PRESIDENTIAL AND VICE PRESIDENTIAL TAX TRANSPARENCY

Sec. 1001. Presidential and Vice Presidential tax transparency.
                       DIVISION C--MISCELLANEOUS

         TITLE XI--REPORTING FOREIGN INTERFERENCE IN ELECTIONS

Sec. 1101. Federal campaign reporting of foreign contacts.
Sec. 1102. Federal campaign foreign contact reporting compliance 
                            system.
Sec. 1103. Criminal penalties.
Sec. 1104. Report to congressional intelligence committees.
Sec. 1105. Rule of construction.
        TITLE XII--ELIMINATING FOREIGN INTERFERENCE IN ELECTIONS

Sec. 1201. Clarification of application of foreign money ban.
Sec. 1202. Requiring acknowledgment of foreign money ban by political 
                            committees.
Sec. 1203. Prohibition on contributions and donations by foreign 
                            nationals in connection with ballot 
                            initiatives and referenda.
                         TITLE XIII--HONEST ADS

Sec. 1301. Short title.
Sec. 1302. Purpose.
Sec. 1303. Sense of Congress.
Sec. 1304. Expansion of definition of public communication.
Sec. 1305. Expansion of definition of electioneering communication.
Sec. 1306. Application of disclaimer statements to online 
                            communications.
Sec. 1307. Political record requirements for online platforms.
Sec. 1308. Preventing contributions, expenditures, independent 
                            expenditures, and disbursements for 
                            electioneering communications by foreign 
                            nationals in the form of online 
                            advertising.
Sec. 1309. Requiring online platforms to display notices identifying 
                            sponsors of political advertisements and to 
                            ensure notices continue to be present when 
                            advertisements are shared.
                TITLE XIV--PREVENTING A PATRONAGE SYSTEM

Sec. 1401. Short title.
Sec. 1402. Limitations on excepting positions from competitive service 
                            and transferring positions.
           TITLE XV--USE OF FEDERAL PROPERTY; VISITOR RECORDS

Sec. 1501. Prohibition on use of Federal property for political 
                            conventions.
Sec. 1502. Improving access to influential visitor access records.
                        DIVISION D--SEVERABILITY

                        TITLE XVI--SEVERABILITY

Sec. 1601. Severability.

          DIVISION A--PREVENTING ABUSES OF PRESIDENTIAL POWER

             TITLE I--ABUSE OF THE PARDON POWER PREVENTION

SEC. 101. SHORT TITLE.

    This title may be cited as the ``Abuse of the Pardon Power 
Prevention Act''.

SEC. 102. CONGRESSIONAL OVERSIGHT RELATING TO CERTAIN PARDONS.

    (a) Submission of Information.--Not later than 30 days after the 
date on which the President grants an individual a pardon for a covered 
offense, the Attorney General shall submit to the chair and ranking 
member of each appropriate congressional committee--
            (1) all materials obtained or produced by the prosecution 
        team, including the Attorney General and any United States 
        Attorney, and all materials obtained or prepared by any 
        investigative agency of the Federal Government, relating to the 
        offense for which the individual was pardoned; and
            (2) all materials obtained or produced by the Department of 
        Justice in relation to the pardon.
    (b) Treatment of Information.--Rule 6(e) of the Federal Rules of 
Criminal Procedure may not be construed to prohibit the disclosure of 
information required by subsection (a) of this section.
    (c) Definitions.--In this section:
            (1) Appropriate congressional committee.--The term 
        ``appropriate congressional committee'' means--
                    (A) the Committee on the Judiciary of the Senate 
                and the Committee on the Judiciary of the House of 
                Representatives; and
                    (B) if an investigation relates to intelligence or 
                counterintelligence matters, the Select Committee on 
                Intelligence of the Senate and the Permanent Select 
                Committee on Intelligence of the House of 
                Representatives.
            (2) Covered offense.--The term ``covered offense'' means--
                    (A) an offense against the United States that 
                arises from an investigation in which a target or 
                subject is--
                            (i) the President;
                            (ii) a relative of the President;
                            (iii) any individual who is serving or 
                        previously served as a political appointee (as 
                        defined in section 1216(f)(6) of title 5, 
                        United States Code, as added by title IX of 
                        this Act) under the President;
                            (iv) any individual who was an employee of 
                        an authorized committee (as defined in section 
                        301(6) of the Federal Election Campaign Act of 
                        1971 (52 U.S.C. 30101(6))) of the President for 
                        any election to the office of President; or
                            (v) in the case of an offense motivated by 
                        a direct and significant personal or pecuniary 
                        interest of any individual described in clause 
                        (i), (ii), (iii), or (iv), any person or 
                        entity;
                    (B) an offense under section 102 of the Revised 
                Statutes of the United States (2 U.S.C. 192); or
                    (C) an offense under section 1001, 1505, 1512, or 
                1621 of title 18, United States Code, if the offense 
                occurred in relation to a congressional proceeding or 
                investigation.
            (3) Pardon.--The term ``pardon'' includes a commutation of 
        sentence.
            (4) Relative.--The term ``relative'', with respect to the 
        President, means--
                    (A) a family member (as defined in section 
                1635.3(a) of title 29, Code of Federal Regulations, or 
                any successor regulation) of the President who is a 
                first-degree relative, second-degree relative, or 
                third-degree relative (as those terms are defined in 
                such section 1635.3(a) or any successor regulation) of 
                the President; or
                    (B) a spouse of a family member described in 
                subparagraph (A).

SEC. 103. BRIBERY IN CONNECTION WITH PARDONS AND COMMUTATIONS.

    Section 201 of title 18, United States Code, is amended--
            (1) in subsection (a)--
                    (A) in paragraph (1), by inserting ``, including 
                the President and the Vice President of the United 
                States,'' after ``or an officer or employee or 
                person''; and
                    (B) in paragraph (3), by inserting before the 
                period at the end the following: ``, including any 
                pardon, commutation, or reprieve, or an offer of any 
                such pardon, commutation, or reprieve''; and
            (2) in subsection (b)(3), by inserting ``(including, for 
        purposes of this paragraph, any pardon, commutation, or 
        reprieve, or an offer of any such pardon, commutation, or 
        reprieve)'' after ``corruptly gives, offers, or promises 
        anything of value''.

SEC. 104. PROHIBITION ON PRESIDENTIAL SELF-PARDON.

    The President's grant of a pardon to himself or herself is void and 
of no effect, and shall not deprive the courts of jurisdiction, or 
operate to confer on the President any legal immunity from 
investigation or prosecution.

            TITLE II--ENSURING NO PRESIDENT IS ABOVE THE LAW

SEC. 201. SHORT TITLE.

    This title may be cited as the ``No President Is Above the Law 
Act''.

SEC. 202. TOLLING OF STATUTE OF LIMITATIONS.

    (a) Offenses Committed by the President or Vice President During or 
Prior to Tenure in Office.--Section 3282 of title 18, United States 
Code, is amended by adding at the end the following:
    ``(c) Offenses Committed by the President or Vice President During 
or Prior to Tenure in Office.--In the case of any person serving as 
President or Vice President of the United States, the duration of that 
person's tenure in office shall not be considered for purposes of any 
statute of limitations applicable to any Federal criminal offense 
committed by that person (including any offenses committed during any 
period of time preceding such tenure in office).''.
    (b) Applicability.--The amendment made by subsection (a) shall 
apply to any offense committed before the date of enactment of this 
section, if the statute of limitations applicable to that offense had 
not run as of such date.
    (c) Rule of Construction.--Nothing in this section may be construed 
to preclude the indictment or prosecution of a President or Vice 
President, during that President or Vice President's tenure in office, 
for violations of the criminal laws of the United States.

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

    (a) Amendment.--Section 431 of title 18, United States Code, is 
amended--
            (1) in the section heading, by inserting ``the President, 
        the Vice President, a Cabinet member, or a'' after ``Contracts 
        by''; and
            (2) in the first undesignated paragraph, by inserting ``the 
        President, the Vice President, in a position at level I of the 
        Executive Schedule under section 5312 of title 5,'' after 
        ``Whoever, being''.
    (b) Table of Sections Amendment.--The table of sections for chapter 
23 of title 18, United States Code, is amended by striking the item 
relating to section 431 and inserting the following:

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

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

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

 TITLE III--ENFORCEMENT OF THE FOREIGN AND DOMESTIC EMOLUMENTS CLAUSES 
                          OF THE CONSTITUTION

SEC. 301. SHORT TITLE.

    This title may be cited as the ``Foreign and Domestic Emoluments 
Enforcement Act''.

SEC. 302. DEFINITIONS.

    In this title:
            (1) The term ``emolument'' means any profit, gain, or 
        advantage that is received directly or indirectly from any 
        government of a foreign country, the Federal Government, or any 
        State or local government, or from any instrumentality thereof, 
        including payments arising from commercial transactions at fair 
        market value.
            (2) The term ``person holding any office of profit or trust 
        under the United States'' includes the President of the United 
        States and the Vice President of the United States.
            (3) The term ``government of a foreign country'' has the 
        meaning given such term in section 1(e) of the Foreign Agents 
        Registration Act of 1938, as amended (22 U.S.C. 611(e)).

SEC. 303. PROHIBITION ON ACCEPTANCE OF FOREIGN AND DOMESTIC EMOLUMENTS.

    (a) Foreign.--Except as otherwise provided in section 7342 of title 
5, United States Code, it shall be unlawful for any person holding an 
office of profit or trust under the United States to accept from a 
government of a foreign country, without first obtaining the consent of 
Congress, any present or emolument, or any office or title. The 
prohibition under this subsection applies without regard to whether the 
present, emolument, office, or title is--
            (1) provided directly or indirectly by that government of a 
        foreign country; or
            (2) provided to that person or to any private business 
        interest of that person.
    (b) Domestic.--It shall be unlawful for the President to accept 
from the United States, or any of them, any emolument other than the 
compensation for his or her services as President provided for by 
Federal law. The prohibition under this subsection applies without 
regard to whether the emolument is provided directly or indirectly, and 
without regard to whether the emolument is provided to the President or 
to any private business interest of the President.

SEC. 304. CIVIL ACTIONS BY CONGRESS CONCERNING FOREIGN EMOLUMENTS.

    (a) Cause of Action.--The House of Representatives or the Senate 
may bring a civil action against any person for a violation of 
subsection (a) of section 303.
    (b) Special Rules.--In any civil action described in subsection 
(a), the following rules shall apply:
            (1) The action shall be filed before the United States 
        District Court for the District of Columbia.
            (2) The action shall be heard by a three-judge court 
        convened pursuant to section 2284 of title 28, United States 
        Code. It shall be the duty of such court to advance on the 
        docket and to expedite to the greatest possible extent the 
        disposition of any such action. Such action shall be reviewable 
        only by appeal directly to the Supreme Court of the United 
        States. Such appeal shall be taken by the filing of a notice of 
        appeal within 10 days, and the filing of a jurisdictional 
        statement within 30 days, of the entry of the final decision.
            (3) It shall be the duty of the Supreme Court of the United 
        States to advance on the docket and to expedite to the greatest 
        possible extent the disposition of any such action and appeal.
    (c) Remedy.--If the court determines that a violation of subsection 
(a) of section 303 has occurred, the court shall issue an order 
enjoining the course of conduct found to constitute the violation, and 
such of the following as are appropriate:
            (1) The disgorgement of the value of any foreign present or 
        emolument.
            (2) The surrender of the physical present or emolument to 
        the Department of State, which shall, if practicable, dispose 
        of the present or emolument and deposit the proceeds into the 
        United States Treasury.
            (3) The renunciation of any office or title accepted in 
        violation of such subsection.
            (4) A prohibition on the use or holding of such an office 
        or title.
            (5) Such other relief as the court determines appropriate.
    (d) Use of Government Funds Prohibited.--No appropriated funds, 
funds provided from any accounts in the United States Treasury, funds 
derived from the collection of fees, or any other Government funds 
shall be used to pay any disgorgement imposed by the court pursuant to 
this section.

SEC. 305. DISCLOSURES CONCERNING FOREIGN AND DOMESTIC EMOLUMENTS.

    (a) Disclosures.--Section 13104(a) of title 5, United States Code, 
is amended by adding at the end the following:
            ``(9) Foreign emoluments.--Any present, emolument, office, 
        or title received from a government of a foreign country, 
        including the source, date, type, and amount or value of each 
        present or emolument accepted on or before the date of filing 
        during the preceding calendar year.
            ``(10) Business interests receiving foreign emoluments.--
        Each business interest that is reasonably expected to result in 
        the receipt of any present or emolument from a government of a 
        foreign country during the current calendar year.
            ``(11) Emoluments from united states.--In addition, the 
        President shall report--
                    ``(A) any emolument received from the United 
                States, or any of them, other than the compensation for 
                his or her services as President provided for by 
                Federal law; and
                    ``(B) any business interest that is reasonably 
                expected to result in the receipt of any emolument from 
                the United States, or any of them.''.
    (b) Reporting Requirements Related to Spouses and Dependent 
Children.--Section 13104(e)(1) of title 5, United States Code, is 
amended--
            (1) in the matter preceding subparagraph (A), by inserting 
        ``and paragraphs (9) through (11)''after ``(5)''; and
            (2) by inserting after subparagraph (F) the following:
                    ``(G) Foreign emoluments.--In the case of items 
                described in paragraphs (9) and (10) of subsection (a), 
                all information required to be reported under these 
                paragraphs.
                    ``(H) Emoluments from united states.--In the case 
                of--
                            ``(i) items described in paragraph (11)(A) 
                        of subsection (a), any such items received by 
                        spouse or dependent child of the President 
                        other than items related to the President's 
                        services as President provided for by Federal 
                        law; and
                            ``(ii) in the case of items described in 
                        paragraph (11)(B) of subsection (a), all 
                        information required to be reported under that 
                        paragraph.''.
    (c) Rule of Construction.--Nothing in the amendments made by this 
section shall be construed to affect the prohibition against the 
acceptance of presents and emoluments under section 303.

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

    (a) General Authority.--Section 13122(a) of title 5, United States 
Code, is amended--
            (1) by striking ``The Director'' and inserting the 
        following:
            ``(1) In general.--The Director''; and
            (2) by adding at the end the following:
            ``(2) Overall direction.--The Director shall--
                    ``(A) provide overall direction of executive branch 
                policies related to compliance with the Foreign and 
                Domestic Emoluments Enforcement Act, and the amendments 
                made by that Act; and
                    ``(B) shall have the authority to--
                            ``(i) issue administrative fines to 
                        individuals for violations;
                            ``(ii) order individuals to take corrective 
                        action, including disgorgement, divestiture, 
                        and recusal, as the Director deems necessary; 
                        and
                            ``(iii) bring civil actions to enforce such 
                        fines and orders.''.
    (b) Specific Authorities.--Section 13122(b) of title 5, United 
States Code, is amended--
            (1) in paragraph (14), by striking ``and'' at the end;
            (2) in paragraph (15), by striking the period at the end 
        and inserting ``; and''; and
            (3) by adding at the end the following:
            ``(16) developing and promulgating rules and regulations to 
        ensure compliance with the Foreign and Domestic Emoluments 
        Enforcement Act, and the amendments made by that Act, including 
        establishing--
                    ``(A) requirements for reporting and disclosure;
                    ``(B) a schedule of administrative fines that may 
                be imposed by the Director for violations; and
                    ``(C) a process for referral of matters to the 
                Office of Special Counsel for investigation in 
                compliance with section 1216(d).''.

SEC. 307. JURISDICTION OF THE OFFICE OF SPECIAL COUNSEL.

    Section 1216 of title 5, United States Code, is amended--
            (1) in subsection (a)--
                    (A) in paragraph (4), by striking ``and'' at the 
                end;
                    (B) in paragraph (5) by striking the period and 
                inserting ``; and''; and
                    (C) by adding at the end the following:
            ``(6) any violation of section 303 of the Foreign and 
        Domestic Emoluments Enforcement Act or of the amendments made 
        by section 305 of such Act.''; and
            (2) by adding at the end the following:
    ``(d) If the Director of the Office of Government Ethics refers a 
matter for investigation pursuant to section 13122, or if the Special 
Counsel receives a credible complaint of a violation referred to in 
subsection (a)(6), the Special Counsel shall complete an investigation 
not later than 120 days thereafter. If the Special Counsel investigates 
any violation pursuant to subsection (a)(6), the Special Counsel shall 
report not later than 7 days after the completion of such investigation 
to the Director of the Office of Government Ethics and to Congress on 
the results of such investigation.''.

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

    (a) In General.--Not later than 1 year after the date of enactment 
of this Act, the Director of the Office of Government Ethics shall 
finalize a rule establishing ethics requirements for the establishment 
or operation of a legal expense fund for the benefit of the President, 
the Vice President, or any political appointee, consistent with the 
requirements of subsection (b).
    (b) Limitations on Acceptance of Certain Payments.--
            (1) In general.--A legal expense fund described in 
        subsection (a) may not accept any contribution or other payment 
        made by--
                    (A) an individual who is a registered lobbyist 
                under the Lobbying Disclosure Act of 1995 (2 U.S.C. 
                1601 et seq.); or
                    (B) an agent of a foreign principal.
            (2) Appropriate remedial action.--In the case of a 
        contribution described in paragraph (1)--
                    (A) the legal expense fund shall take appropriate 
                remedial action; and
                    (B) the Director of the Office of Government Ethics 
                may assess a fine against the individual or agent of a 
                foreign principal, as defined in section 1 of the 
                Foreign Agents Registration Act of 1938, as amended (22 
                U.S.C. 611).

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

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

``SEC. 325. INAUGURAL COMMITTEES.

    ``(a) Prohibited Donations.--
            ``(1) In general.--It shall be unlawful for--
                    ``(A) an Inaugural Committee--
                            ``(i) to solicit, accept, or receive a 
                        donation from a person that is not an 
                        individual; or
                            ``(ii) to solicit, accept, or receive a 
                        donation from a foreign national;
                    ``(B) a person--
                            ``(i) to make a donation to an Inaugural 
                        Committee in the name of another person, or to 
                        knowingly authorize his or her name to be used 
                        to effect such a donation;
                            ``(ii) to knowingly accept a donation to an 
                        Inaugural Committee made by a person in the 
                        name of another person; or
                            ``(iii) to convert a donation to an 
                        Inaugural Committee to personal use as 
                        described in paragraph (2); or
                    ``(C) a foreign national to, directly or 
                indirectly, make a donation, or make an express or 
                implied promise to make a donation, to an Inaugural 
                Committee.
            ``(2) Conversion of donation to personal use.--For purposes 
        of paragraph (1)(B)(iii), a donation shall be considered to be 
        converted to personal use if any part of the donated amount is 
        used--
                    ``(A) to fulfill a commitment, obligation, or 
                expense of a person that would exist irrespective of 
                the responsibilities of the Inaugural Committee; or
                    ``(B) to benefit the personal business venture of 
                the President or Vice President of the United States, 
                the Inaugural Committee, or an immediate family member 
                of such individuals.
            ``(3) No effect on disbursement of unused funds to 
        nonprofit organizations.--Nothing in this subsection may be 
        construed to prohibit an Inaugural Committee from disbursing 
        unused funds to an organization which is described in section 
        501(c)(3) of the Internal Revenue Code of 1986 and is exempt 
        from taxation under section 501(a) of such Code.
    ``(b) Limitation on Donations.--
            ``(1) In general.--It shall be unlawful for an individual 
        to make donations to an Inaugural Committee which, in the 
        aggregate, exceed $50,000.
            ``(2) Indexing.--At the beginning of each Presidential 
        election year (beginning with 2028), the amount described in 
        paragraph (1) shall be increased by the cumulative percent 
        difference determined in section 315(c)(1)(A) since the 
        previous Presidential election year. If any amount after such 
        increase is not a multiple of $1,000, such amount shall be 
        rounded to the nearest multiple of $1,000.
    ``(c) Disclosure of Certain Donations and Disbursements.--
            ``(1) Donations over $1,000.--
                    ``(A) In general.--An Inaugural Committee shall 
                file with the Commission a report disclosing any 
                donation by an individual to the committee in an amount 
                of $1,000 or more not later than 24 hours after the 
                receipt of such donation.
                    ``(B) Contents of report.--A report filed under 
                subparagraph (A) shall contain--
                            ``(i) the amount of the donation;
                            ``(ii) the date the donation is received; 
                        and
                            ``(iii) the name and address of the 
                        individual making the donation.
            ``(2) Final report.--Not later than the date that is 90 
        days after the date of the Presidential inaugural ceremony, the 
        Inaugural Committee shall file with the Commission a report 
        containing the following information:
                    ``(A) For each donation of money or anything of 
                value made to the committee in an aggregate amount 
                equal to or greater than $200--
                            ``(i) the amount of the donation;
                            ``(ii) the date the donation is received; 
                        and
                            ``(iii) the name and address of the 
                        individual making the donation.
                    ``(B) The total amount of all disbursements, and 
                all disbursements in the following categories:
                            ``(i) Disbursements made to meet committee 
                        operating expenses.
                            ``(ii) Repayment of all loans.
                            ``(iii) Donation refunds and other offsets 
                        to donations.
                            ``(iv) Any other disbursements.
                    ``(C) The name and address of each person--
                            ``(i) to whom a disbursement in an 
                        aggregate amount or value in excess of $200 is 
                        made by the committee to meet a committee 
                        operating expense, together with date, amount, 
                        and purpose of such operating expense;
                            ``(ii) who receives a loan repayment from 
                        the committee, together with the date and 
                        amount of such loan repayment;
                            ``(iii) who receives a donation refund or 
                        other offset to donations from the committee, 
                        together with the date and amount of such 
                        disbursement; and
                            ``(iv) to whom any other disbursement in an 
                        aggregate amount or value in excess of $200 is 
                        made by the committee, together with the date 
                        and amount of such disbursement.
    ``(d) Definitions.--For purposes of this section:
            ``(1) Donation.--
                    ``(A) In general.--The term `donation' includes--
                            ``(i) any gift, subscription, loan, 
                        advance, or deposit of money or anything of 
                        value made by any person to the committee; or
                            ``(ii) the payment by any person of 
                        compensation for the personal services of 
                        another person which are rendered to the 
                        committee without charge for any purpose.
                    ``(B) Exception.--The term `donation' does not 
                include the value of services provided without 
                compensation by any individual who volunteers on behalf 
                of the committee.
            ``(2) Foreign national.--The term `foreign national' has 
        the meaning given that term by section 319(b).
            ``(3) Immediate family member.--The term `immediate family 
        member' means a parent, parent-in-law, spouse, adult child, or 
        sibling.
            ``(4) Inaugural committee.--The term `Inaugural Committee' 
        has the meaning given that term by section 501 of title 36, 
        United States Code.
    ``(e) Rule of Construction.--Nothing in this section may be 
construed to limit the authority of a Federal agency to enforce a 
Federal law with respect to an Inaugural Committee.''.
    (b) Confirming Amendments Related to Reporting Requirements.--
            (1) Section 304 of the Federal Election Campaign Act of 
        1971 (52 U.S.C. 30104) is amended--
                    (A) by striking subsection (h); and
                    (B) by redesignating subsection (i) as subsection 
                (h).
            (2) Section 309(a)(4)(C)(iv)(I) is amended by striking ``or 
        (i)'' and inserting ``or (h)''.
            (3) Section 313(c)(4) is amended by striking ``section 
        304(i)(8)(B)'' and inserting ``section 304(h)(8)(B)''.
    (c) Conforming Amendment Related to Status of Committee.--Section 
510 of title 36, United States Code, is amended to read as follows:
``Sec. 510. Disclosure of and prohibition on certain donations
    ``A committee shall not be considered to be the Inaugural Committee 
for purposes of this chapter unless the committee agrees to, and meets, 
the requirements of section 325 of the Federal Election Campaign Act of 
1971.''.
    (d) Effective Date.--The amendments made by this section shall 
apply with respect to Inaugural Committees established under chapter 5 
of title 36, United States Code, for inaugurations held in 2025 and any 
succeeding year.

    DIVISION B--RESTORING CHECKS AND BALANCES, ACCOUNTABILITY, AND 
                              TRANSPARENCY

            TITLE IV--ENFORCEMENT OF CONGRESSIONAL SUBPOENAS

SEC. 401. SHORT TITLE.

    This title may be cited as the ``Congressional Subpoena Compliance 
and Enforcement Act''.

SEC. 402. FINDINGS.

    The Congress finds as follows:
            (1) As the Supreme Court of the United States has 
        repeatedly affirmed, including in its July 9, 2020, holding in 
        Trump v. Mazars, Congress's ``power of inquiry--with process to 
        enforce it--is an essential and appropriate auxiliary to the 
        legislative function''. Congress's power to obtain information, 
        including through the issuance of subpoenas and the enforcement 
        of such subpoenas, is ``broad and indispensable''.
            (2) Congress ``suffers a concrete and particularized injury 
        when denied the opportunity to obtain information necessary'' 
        to the exercise of its constitutional functions, as the United 
        States Court of Appeals for the District of Columbia Circuit 
        correctly recognized in its August 7, 2020, en banc decision in 
        Committee on the Judiciary of the U.S. House of Representatives 
        v. McGahn.
            (3) Accordingly, the Constitution secures to each House of 
        Congress an inherent right to enforce its subpoenas in court. 
        Explicit statutory authorization is not required to secure such 
        a right of action, and the contrary holding by a divided panel 
        of the United States Court of Appeals for the District of 
        Columbia Circuit in McGahn, entered on August 31, 2020, was in 
        error.

SEC. 403. ENFORCEMENT OF CONGRESSIONAL SUBPOENAS.

    (a) In General.--Chapter 85 of title 28, United States Code, is 
amended by inserting after section 1365 the following:
``Sec. 1365a. Congressional actions against subpoena recipients
    ``(a) Cause of Action.--The Senate, the House of Representatives, 
or a committee or subcommittee thereof, may bring a civil action 
against the recipient of a subpoena issued by a congressional committee 
or subcommittee to enforce compliance with the subpoena.
    ``(b) Special Rules.--In any civil action described in subsection 
(a), the following rules shall apply:
            ``(1) The action may be filed in a United States district 
        court of competent jurisdiction.
            ``(2) Notwithstanding section 1657(a), it shall be the duty 
        of every court of the United States to expedite to the greatest 
        possible extent the disposition of any such action and appeal. 
        Upon a showing by the plaintiff of undue delay, other 
        irreparable harm, or good cause, a court to which an appeal of 
        the action may be taken shall issue any necessary and 
        appropriate writs and orders to ensure compliance with this 
        paragraph.
            ``(3) If a three-judge court is expressly requested by the 
        plaintiff in the initial pleading, the action shall be heard by 
        a three-judge court convened pursuant to section 2284, and 
        shall be reviewable only by appeal directly to the Supreme 
        Court of the United States. Such appeal shall be taken by the 
        filing of a notice of appeal within 10 days, and the filing of 
        a jurisdictional statement within 30 days, of the entry of the 
        final decision.
            ``(4) The initial pleading shall be accompanied by 
        certification that the party bringing the action has in good 
        faith conferred or attempted to confer with the recipient of 
        the subpoena to secure compliance with the subpoena without 
        court action.
    ``(c) Penalties.--
            ``(1) Cases involving government agencies.--
                    ``(A) In general.--The court may impose monetary 
                penalties directly against each head of a Government 
                agency and the head of each component thereof held to 
                have knowingly failed to comply with any part of a 
                congressional subpoena, unless--
                            ``(i) the President instructed the official 
                        not to comply; and
                            ``(ii) the President, or the head of the 
                        agency or component thereof, submits to the 
                        court a letter confirming such instruction and 
                        the basis for such instruction.
                    ``(B) Prohibition on use of government funds.--No 
                appropriated funds, funds provided from any accounts in 
                the Treasury, funds derived from the collection of 
                fees, or other Government funds shall be used to pay 
                any monetary penalty imposed by the court pursuant to 
                this paragraph.
            ``(2) Legal fees.--In addition to any other penalties or 
        sanctions, the court shall require that any defendant, other 
        than a Government agency, held to have willfully failed to 
        comply with any part of a congressional subpoena, pay a penalty 
        in an amount equal to that party's legal fees, including 
        attorney's fees, litigation expenses, and other costs. If such 
        defendant is an officer or employee of a Government agency, 
        such legal fees may be paid from funds appropriated to pay the 
        salary of the defendant.
    ``(d) Waiver.--Any ground for noncompliance asserted by the 
recipient of a congressional subpoena shall be deemed to have been 
waived as to any particular information withheld from production if the 
court finds that the recipient failed in a timely manner to comply with 
the applicable requirements of section 105(b) of the Revised Statutes 
of the United States with respect to such information.
    ``(e) Rules of Procedure.--The Supreme Court of the United States 
and the Judicial Conference of the United States shall prescribe rules 
of procedure to ensure the expeditious treatment of actions described 
in subsection (a). Such rules shall be prescribed and submitted to the 
Congress pursuant to sections 2072, 2073, and 2074. This shall include 
procedures for expeditiously considering any assertion of 
constitutional or Federal statutory privilege made in connection with 
testimony by any recipient of a subpoena from a congressional committee 
or subcommittee. The Supreme Court shall transmit such rules to 
Congress within 6 months after the effective date of this section and 
then pursuant to section 2074 thereafter.
    ``(f) Definition.--For purposes of this section, the term 
`Government agency' means any office or entity described in sections 
105 and 106 of title 3, an executive department listed in section 101 
of title 5, an independent establishment, commission, board, bureau, 
division, or office in the executive branch, or any other agency or 
instrumentality of the Federal Government, including wholly or partly 
owned Government corporations.''.
    (b) Clerical Amendment.--The table of sections for chapter 85 of 
title 28, United States Code, is amended by inserting after the item 
relating to section 1365 the following:

``1365a. Congressional actions against subpoena recipients.''.

SEC. 404. COMPLIANCE WITH CONGRESSIONAL SUBPOENAS.

    (a) In General.--Chapter 7 of title II of the Revised Statutes of 
the United States (2 U.S.C. 191 et seq.) is amended by adding at the 
end the following:

``SEC. 105. RESPONSE TO CONGRESSIONAL SUBPOENAS.

    ``(a) Subpoena by Congressional Committee.--Any recipient of any 
subpoena from a congressional committee or subcommittee shall appear 
and testify, produce, or otherwise disclose information in a manner 
consistent with the subpoena and this section.
    ``(b) Failure To Produce Information.--
            ``(1) Grounds for withholding information.--Unless required 
        by the Constitution or by Federal statute, no claim of 
        privilege or protection from disclosure shall be a ground for 
        withholding information responsive to the subpoena or required 
        by this section.
            ``(2) Identification of information withheld.--In the case 
        of information that is withheld, in whole or in part, by the 
        subpoena recipient, the subpoena recipient shall, without delay 
        provide a log containing the following:
                    ``(A) An express assertion and description of the 
                ground asserted for withholding the information.
                    ``(B) The type of information.
                    ``(C) The general subject matter.
                    ``(D) The date, author, and addressee.
                    ``(E) The relationship of the author and addressee 
                to each other.
                    ``(F) The custodian of the information.
                    ``(G) Any other descriptive information that may be 
                produced or disclosed regarding the information that 
                will enable the congressional committee or subcommittee 
                issuing the subpoena to assess the ground asserted for 
                withholding the information.
    ``(c) Definition.--For purposes of this section the term 
`information' includes any books, papers, documents, data, or other 
objects requested in a subpoena issued by a congressional committee or 
subcommittee.''.
    (b) Clerical Amendment.--The table of contents for chapter 7 of 
title II of the Revised Statutes of the United States is amended by 
adding at the end the following:

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

SEC. 405. RULE OF CONSTRUCTION.

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

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

    Section 2954 of title 5, United States Code, is amended--
            (1) by striking ``An Executive'' and inserting ``(a) 
        Submitting Information.--An Executive''; and
            (2) by adding at the end the following:
    ``(b) Failure To Comply.--For purposes of remedying any failure to 
comply with a request under subsection (a), section 1365a of title 28 
and section 105 of the Revised Statutes of the United States shall 
apply to such a request in the same manner as such sections 1365a and 
105 apply to a subpoena.''.

         TITLE V--REASSERTING CONGRESSIONAL POWER OF THE PURSE

SEC. 500. SHORT TITLE.

    This title may be cited as the ``Congressional Power of the Purse 
Act''.

 Subtitle A--Strengthening Congressional Control and Review To Prevent 
                              Impoundment

SEC. 501. STRENGTHENING CONGRESSIONAL CONTROL.

    (a) In General.--Part B of the Impoundment Control Act of 1974 (2 
U.S.C. 682 et seq.) is amended by adding at the end the following:

``prudent obligation of budget authority and specific requirements for 
                       expiring budget authority

    ``Sec. 1018.  (a) Special Message Requirement.--With respect to 
budget authority proposed to be rescinded or that is set to be reserved 
or proposed to be deferred in a special message transmitted under 
section 1012 or 1013, such budget authority--
            ``(1) shall be made available for obligation in sufficient 
        time to be prudently obligated as required under section 
        1012(b) or 1013; and
            ``(2) may not be deferred or otherwise withheld from 
        obligation during the 90-day period before the expiration of 
        the period of availability of such budget authority, including, 
        if applicable, the 90-day period before the expiration of an 
        initial period of availability for which such budget authority 
        was provided.
    ``(b) Administrative Requirement.--With respect to an apportionment 
of an appropriation (as that term is defined in section 1511 of title 
31, United States Code) made pursuant to section 1512 of such title, an 
appropriation shall be apportioned--
            ``(1) to make available all amounts for obligation in 
        sufficient time to be prudently obligated; and
            ``(2) to make available all amounts for obligation, without 
        precondition (including footnotes) that shall be met prior to 
        obligation, not later than 90 days before the expiration of the 
        period of availability of such appropriation, including, if 
        applicable, 90 days before the expiration of an initial period 
        of availability for which such appropriation was provided.''.
    (b) Clerical Amendment.--The table of contents of the Congressional 
Budget and Impoundment Control Act of 1974 set forth in section 1(b) of 
such Act is amended by inserting after the item relating to section 
1017 the following:

``1018. Prudent obligation of budget authority and specific 
                            requirements for expiring budget 
                            authority.''.

SEC. 502. STRENGTHENING CONGRESSIONAL REVIEW.

    (a) In General.--Part B of the Impoundment Control Act of 1974 (2 
U.S.C. 682 et seq.), as amended by section 501(a), is further amended 
by adding at the end the following:

   ``reporting on apportionment of appropriations by departments and 
                                agencies

    ``Sec. 1019. Each department or agency shall--
            ``(1) notify the Committee on the Budget and the Committee 
        on Appropriations of the House of Representatives, the 
        Committee on the Budget and the Committee on Appropriations of 
        the Senate, and any other appropriate congressional committees 
        if--
                    ``(A) an apportionment is not made in the required 
                time period provided in section 1513(b) of title 31, 
                United States Code;
                    ``(B) an approved apportionment received by the 
                department or agency conditions the availability of an 
                appropriation on further action; or
                    ``(C) an approved apportionment received by the 
                department or agency may hinder the prudent obligation 
                of such appropriation or the execution of a program, 
                project, or activity by such department or agency; and
            ``(2) include in each notification under paragraph (1) 
        information identifying the bureau, account name, appropriation 
        name, and Treasury Appropriation Fund Symbol or fund 
        account.''.
    (b) Clerical Amendment.--The table of contents of the Congressional 
Budget and Impoundment Control Act of 1974 set forth in section 1(b) of 
such Act, as amended by section 501(b), is further amended by inserting 
after the item relating to section 1018 the following:

``1019. Reporting on apportionment of appropriations by departments and 
                            agencies.''.

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

    (a) In General.--Section 1015 of the Impoundment Control Act of 
1974 (2 U.S.C. 686) is amended--
            (1) in subsection (a), in the matter following paragraph 
        (2), by striking the last sentence; and
            (2) by adding at the end the following:
    ``(c) Review.--
            ``(1) In general.--The Comptroller General shall--
                    ``(A) review compliance with this part; and
                    ``(B) submit to the Committee on the Budget, the 
                Committee on Appropriations, and the Committee on 
                Homeland Security and Governmental Affairs of the 
                Senate, the Committee on the Budget, the Committee on 
                Appropriations, and the Committee on Oversight and 
                Reform of the House of Representatives, and any other 
                appropriate congressional committee of the Senate or 
                the House of Representatives a report, and any relevant 
                information related to the report, on any noncompliance 
                with this part.
            ``(2) Information, documentation, and views.--The President 
        or the head of the relevant department or agency of the United 
        States shall provide information, documentation, and views to 
        the Comptroller General, as is determined by the Comptroller 
        General to be necessary to determine such compliance, not later 
        than 20 days after the date on which the request from the 
        Comptroller General is received, or if the Comptroller General 
        determines that a shorter or longer period is appropriate based 
        on the specific circumstances, within such shorter or longer 
        period.
            ``(3) Access.--To carry out the responsibilities of this 
        part, the Comptroller General shall have access to interview 
        the officers, employees, contractors, and other agents and 
        representatives of a department, agency, or office of the 
        United States at any reasonable time as the Comptroller General 
        may request.''.
    (b) Rule of Construction.--Section 1001 of the Impoundment Control 
Act of 1974 (2 U.S.C. 681) is amended--
            (1) in paragraph (3), by striking the ``or'' at the end of 
        the paragraph;
            (2) in paragraph (4), by striking the period at the end and 
        inserting ``; or''; and
            (3) by adding at the end the following:
            ``(5) affecting or limiting in any way the authorities 
        provided to the Comptroller General under chapter 7 of title 
        31, United States Code.''.

SEC. 504. ADVANCE CONGRESSIONAL NOTIFICATION AND LITIGATION.

    Section 1016 of the Impoundment Control Act of 1974 (2 U.S.C. 687) 
is amended to read as follows:

                     ``suits by comptroller general

    ``Sec. 1016.  (a) In General.--If, under this title, budget 
authority is required to be made available for obligation and such 
budget authority is not made available for obligation or information, 
documentation, views, or access are required to be produced and such 
information, documentation, views, or access are not produced, the 
Comptroller General is expressly empowered, through attorneys selected 
by the Comptroller General, to bring a civil action in the United 
States District Court for the District of Columbia to require such 
budget authority to be made available for obligation or such 
information, documentation, views, or access to be produced.
    ``(b) Court Authority.--In a civil action under subsection (a), the 
court is expressly empowered to enter, against any department, agency, 
officer, or employee of the United States, any decree, judgment, or 
order which may be necessary or appropriate to make such budget 
authority available for obligation or compel production of such 
information, documentation, views, or access.
    ``(c) Notice.--No civil action shall be brought by the Comptroller 
General to require budget authority be made available under this 
section until the expiration of 15 calendar days following the date on 
which an explanatory statement by the Comptroller General of the 
circumstances giving rise to the action contemplated is filed with the 
Speaker of the House of Representatives and the President of the 
Senate, except that expiration of such period shall not be required if 
the Comptroller General finds (and incorporates the finding in the 
explanatory statement filed) that such delay would be contrary to the 
public interest.''.

SEC. 505. PENALTIES FOR FAILURE TO COMPLY WITH THE IMPOUNDMENT CONTROL 
              ACT OF 1974.

    (a) In General.--Part B of the Impoundment Control Act of 1974 (2 
U.S.C. 682 et seq.), as amended by section 502(a), is further amended 
by adding at the end the following:

                   ``penalties for failure to comply

    ``Sec. 1020.  (a) Administrative Discipline.--An officer or 
employee of the Executive Branch of the United States Government 
violating this part shall be subject to appropriate administrative 
discipline, including, when circumstances warrant, suspension from duty 
without pay or removal from office.
    ``(b) Reporting Violations.--
            ``(1) In general.--In the event of a violation of section 
        1001, 1012, 1013, or 1018 of this part, or in the case that the 
        Comptroller General issues a legal decision concluding that a 
        department, agency, or office of the United States violated 
        this part, the President or the head of the relevant department 
        or agency as the case may be, shall report immediately to 
        Congress all relevant facts and a statement of actions taken. A 
        copy of each report shall also be transmitted to the 
        Comptroller General and the relevant inspector general on the 
        same date the report is transmitted to the Congress.
            ``(2) Contents.--Any such report shall include a summary of 
        the facts pertaining to the violation, the title and Treasury 
        Appropriation Fund Symbol of the appropriation or fund account, 
        the amount involved for each violation, the date on which the 
        violation occurred, the position of any individuals responsible 
        for the violation, a statement of the administrative discipline 
        imposed and any further action taken with respect to any 
        officer or employee involved in the violation, a statement of 
        any additional action taken to prevent recurrence of the same 
        type of violation, and any written response by any officer or 
        employee identified by position as involved in the violation. 
        In the case that the Comptroller General issues a legal 
        decision concluding that a department, agency, or office of the 
        United States violated this part and the relevant department, 
        agency, or office does not agree that a violation has occurred, 
        the report provided to Congress, the Comptroller General, and 
        relevant inspector general will explain the position of the 
        department, agency, or office.
            ``(3) Opportunity to respond.--If any such report 
        identifies the position of any officer or employee as involved 
        in the violation, such officer or employee shall be provided a 
        reasonable opportunity to respond in writing, and any such 
        response shall be appended to the report.''.
    (b) Clerical Amendment.--The table of contents of the Congressional 
Budget and Impoundment Control Act of 1974 set forth in section 1(b) of 
such Act, as amended by section 502(b), is further amended by inserting 
after the item relating to section 1019 the following:

``1020. Penalties for failure to comply.''.

          Subtitle B--Strengthening Transparency and Reporting

         PART 1--FUNDS MANAGEMENT AND REPORTING TO THE CONGRESS

SEC. 511. EXPIRED BALANCE REPORTING IN THE PRESIDENT'S BUDGET.

    Section 1105(a) of title 31, United States Code, is amended by 
adding at the end the following:
            ``(40) for the budget for each of fiscal years 2025 through 
        2029, a report--
                    ``(A) identifying unobligated expired balances as 
                of the beginning of the current fiscal year and the 
                beginning of each of the preceding 2 fiscal years by 
                agency and the applicable Treasury Appropriation Fund 
                Symbol or fund account; and
                    ``(B) providing explanation of unobligated expired 
                balances in any Treasury Appropriation Fund Symbol or 
                fund account that exceed the lesser of 5 percent of 
                total appropriations made available for that account or 
                $100,000,000.''.

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

    Section 1105(a) of title 31, United States Code, as amended by 
section 511, is further amended by adding at the end the following:
            ``(41) for the budget for each of fiscal years 2025 through 
        2029, a report--
                    ``(A) identifying cancelled balances (pursuant to 
                section 1552(a)) for the preceding 3 fiscal years by 
                agency and Treasury Appropriation Fund Symbol or fund 
                account;
                    ``(B) providing explanation of cancelled balances 
                in any Treasury Appropriation Fund Symbol or fund 
                account that exceed the lesser of 5 percent of total 
                appropriations made available for that account or 
                $100,000,000; and
                    ``(C) including a tabulation, by Treasury 
                Appropriation Fund Symbol or fund account and 
                appropriation, of all balances of appropriations 
                available for an indefinite period in an appropriation 
                account available for an indefinite period that do not 
                meet the criteria for closure under section 1555, but 
                for which either--
                            ``(i) the head of the agency concerned or 
                        the President has determined that the purposes 
                        for which the appropriation was made have been 
                        carried out; or
                            ``(ii) no disbursement has been made 
                        against the appropriation--
                                    ``(I) in the prior year and the 
                                preceding fiscal year; or
                                    ``(II) in the prior year and which 
                                the budget estimates zero disbursements 
                                in the current year.''.

SEC. 513. LAPSE IN APPROPRIATIONS--REPORTING IN THE PRESIDENT'S BUDGET.

    Section 1105(a) of title 31, United States Code, as amended by 
section 512, is further amended by adding at the end the following:
            ``(42) a report--
                    ``(A) identifying any obligation or expenditure 
                made by a department or agency affected in whole or in 
                part by any lapse in appropriations of 5 consecutive 
                days or more during the preceding fiscal year for which 
                amounts were not available; and
                    ``(B) with respect to any such obligation or 
                expenditure, providing--
                            ``(i) the amount so obligated or expended;
                            ``(ii) the account affected;
                            ``(iii) an explanation of the exception 
                        under subchapter III of chapter 13 or 
                        subchapter II of chapter 15 of this title, or 
                        another legal authority, that permitted the 
                        department or agency, as the case may be, to 
                        incur such obligation or expenditure; and
                            ``(iv) an explanation of any change in the 
                        application of any exception under subchapter 
                        III of chapter 13 or subchapter II of chapter 
                        15 of this title for a program, project, or 
                        activity from any explanations previously 
                        reported on pursuant to this paragraph.''.

SEC. 514. TRANSFER AND OTHER REPURPOSING AUTHORITY REPORTING IN THE 
              PRESIDENT'S BUDGET.

    Section 1105(a) of title 31, United States Code, as amended by 
section 513, is further amended by adding at the end the following:
            ``(43) for the budget for fiscal year 2025, a report--
                    ``(A) identifying any transfer authority or other 
                authority to repurpose appropriations provided in a law 
                other than an appropriation act; and
                    ``(B) with respect to any such authority, providing 
                the citation to the statute, the list of departments or 
                agencies covered, an explanation of when such authority 
                may be used, and an explanation on any use of such 
                authority in the preceding 3 fiscal years.''.

SEC. 515. AUTHORIZING CANCELLATIONS IN INDEFINITE ACCOUNTS BY 
              APPROPRIATION.

    (a) In General.--Subchapter IV of chapter 15 of title 31, United 
States Code, is amended by inserting after section 1555 the following:
``Sec. 1555a. Cancellation of appropriations available for indefinite 
              periods within an account
    ``Any remaining balance (whether obligated or unobligated) from an 
appropriation available for an indefinite period in an appropriation 
account available for an indefinite period that does not meet the 
requirements for closure under section 1555 shall be canceled, and 
thereafter shall not be available for obligation or expenditure for any 
purpose, if--
            ``(1) the head of the agency concerned or the President 
        determines that the purposes for which the appropriation was 
        made have been carried out; and
            ``(2) no disbursement has been made against the 
        appropriation for two consecutive fiscal years.''.
    (b) Clerical Amendment.--The table of sections for subchapter IV of 
chapter 15 of title 31, United States Code, is amended by inserting 
after the item relating to section 1555 the following:

``1555a. Cancellation of appropriations available for indefinite 
                            periods within an account.''.

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

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

    (a) In General.--Subchapter II of chapter 7 of title 31, United 
States Code, is amended by adding at the end the following:
``Sec. 722. Requirement to respond to requests for information from the 
              Comptroller General for budget and appropriations law 
              decisions
    ``(a) If an agency receives a written request for information, 
documentation, or views from the Comptroller General relating to a 
decision or opinion on budget or appropriations law, the agency shall 
provide the requested information, documentation, or views not later 
than 20 days after receiving the written request, unless such written 
request specifically provides otherwise.
    ``(b) If an agency fails to provide the requested information, 
documentation, or views within the time required by subsection (a)--
            ``(1) the Comptroller General shall notify, in writing, the 
        Committee on Homeland Security and Governmental Affairs of the 
        Senate, the Committee on Oversight and Accountability of the 
        House of Representatives, and any other appropriate 
        congressional committee of such failure;
            ``(2) the Comptroller General is hereby expressly 
        empowered, through attorneys selected by the Comptroller 
        General, to bring a civil action in the United States District 
        Court for the District of Columbia to require such information, 
        documentation, or views to be produced; and
            ``(3) the court in a civil action brought under paragraph 
        (2) is expressly empowered to enter against any department, 
        agency, officer, or employee of the United States any decree, 
        judgment, or order which may be necessary or appropriate to 
        require such production.
    ``(c) Nothing in this section shall be construed as affecting or 
otherwise limiting the authorities provided to the Comptroller General 
in section 716 of this title.''.
    (b) Clerical Amendment.--The table of sections for subchapter II of 
chapter 7 of title 31, United States Code, is amended by inserting 
after the item relating to section 721 the following:

``722. Requirement to respond to requests for information from the 
                            Comptroller General for budget and 
                            appropriations law decisions.''.

SEC. 522. REPORTING REQUIREMENTS FOR ANTIDEFICIENCY ACT VIOLATIONS.

    (a) Violations of Section 1341 or 1342.--Section 1351 of title 31, 
United States Code, is amended--
            (1) by striking ``If'' and inserting ``(a) If'';
            (2) by inserting ``or if the Comptroller General determines 
        that an officer or employee of an executive agency or of the 
        District of Columbia government violated section 1341(a) or 
        1342,'' before ``the head of the agency'';
            (3) by striking ``the Comptroller General'' and inserting 
        ``the Comptroller General and the Attorney General''; and
            (4) by adding at the end the following:
    ``(b) Any such report shall include a statement of the provision 
violated, a summary of the facts pertaining to the violation, the title 
and Treasury Appropriation Fund Symbol of the appropriation or fund 
account, the amount involved for each violation, the date on which the 
violation occurred, the position of any officer or employee responsible 
for the violation, a statement of the administrative discipline imposed 
and any further action taken with respect to any officer or employee 
involved in the violation, a statement of any additional action taken 
to prevent recurrence of the same type of violation, a statement of any 
determination that the violation was not knowing and willful that has 
been made by the executive agency or the District of Columbia 
government, and any written response by any officer or employee 
identified by position as involved in the violation. In the case that 
the Comptroller General issues a legal decision concluding that section 
1341(a) or 1342 was violated and the executive agency or the District 
of Columbia government does not agree that a violation has occurred, 
the report provided to the President, the Congress, and the Comptroller 
General will explain the position of the executive agency or the 
District of Columbia government.''.
    (b) Violations of Section 1517.--Section 1517 of title 31, United 
States Code, is amended--
            (1) in subsection (b)--
                    (A) by inserting ``or if the Comptroller General 
                determines that an officer or employee of an executive 
                agency or of the District of Columbia government 
                violated subsection (a),'' before ``the head of the 
                executive agency''; and
                    (B) by striking ``the Comptroller General'' and 
                inserting ``the Comptroller General and the Attorney 
                General''; and
            (2) by adding at the end the following:
    ``(c) Any such report shall include a statement of the provision 
violated, a summary of the facts pertaining to the violation, the title 
and Treasury Appropriation Fund Symbol of the appropriation or fund 
account, the amount involved for each violation, the date on which the 
violation occurred, the position of any officer or employee responsible 
for the violation, a statement of the administrative discipline imposed 
and any further action taken with respect to any officer or employee 
involved in the violation, a statement of any additional action taken 
to prevent recurrence of the same type of violation, a statement of any 
determination that the violation was not knowing and willful that has 
been made by the executive agency or the District of Columbia 
government, and any written response by any officer or employee 
identified by position as involved in the violation. In the case that 
the Comptroller General issues a legal decision concluding that 
subsection (a) was violated and the executive agency or the District of 
Columbia government does not agree that a violation has occurred, the 
report provided to the President, the Congress, and the Comptroller 
General will explain the position of the executive agency or the 
District of Columbia government.''.

SEC. 523. DEPARTMENT OF JUSTICE REPORTING TO CONGRESS FOR 
              ANTIDEFICIENCY ACT VIOLATIONS.

    (a) Violations of Sections 1341 or 1342.--Section 1350 of title 31, 
United States Code, is amended--
            (1) by striking ``An officer'' and inserting ``(a) An 
        officer''; and
            (2) by adding at the end the following:
    ``(b)(1) If an executive agency or the District of Columbia 
government reports, under section 1351, a violation of section 1341(a) 
or 1342, the Attorney General shall promptly review such report and 
investigate to the extent necessary to determine whether there are 
reasonable grounds to believe that the responsible officer or employee 
knowingly and willfully violated such section 1341(a) or 1342, as 
applicable. If the Attorney General determines that there are such 
reasonable grounds, the Attorney General diligently shall investigate a 
criminal violation under this section.
    ``(2) The Attorney General shall submit to Congress and the 
Comptroller General on or before March 31 of each calendar year an 
annual report detailing separately for each executive agency and for 
the District of Columbia government--
            ``(A) the number of reports under section 1351 transmitted 
        to the President during the preceding calendar year;
            ``(B) the number of reports reviewed in accordance with 
        paragraph (1) during the preceding calendar year;
            ``(C) without identification of any individual officer or 
        employee, a description of each investigation undertaken in 
        accordance with paragraph (1) during the preceding calendar 
        year and an explanation of the status of any such 
        investigation; and
            ``(D) without identification of any individual officer or 
        employee, an explanation of any update to the status of any 
        review or investigation previously reported pursuant to this 
        paragraph.''.
    (b) Violations of Section 1517.--Section 1519 of title 31, United 
States Code, is amended--
            (1) by striking ``An officer'' and inserting ``(a) An 
        officer''; and
            (2) by adding at the end the following:
    ``(b)(1) If an executive agency or the District of Columbia 
government reports, under section 1517(b), a violation of section 
1517(a), the Attorney General shall promptly review such report and 
investigate to the extent necessary to determine whether there are 
reasonable grounds to believe that the responsible officer or employee 
knowingly and willfully violated such section 1517(a). If the Attorney 
General determines that there are such reasonable grounds, the Attorney 
General diligently shall investigate a criminal violation under this 
section.
    ``(2) The Attorney General shall submit to Congress and the 
Comptroller General on or before March 31 of each calendar year an 
annual report detailing separately for each executive agency and for 
the District of Columbia government--
            ``(A) the number of reports under section 1517(b) 
        transmitted to the President during the preceding calendar 
        year;
            ``(B) the number of reports reviewed in accordance with 
        paragraph (1) during the preceding calendar year;
            ``(C) without identification of any individual officer or 
        employee, a description of each investigation undertaken in 
        accordance with paragraph (1) during the preceding calendar 
        year and an explanation of the status of any such 
        investigation; and
            ``(D) without identification of any individual officer or 
        employee, an explanation of any update to the status of any 
        review or investigation previously reported pursuant to this 
        subsection.''.

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

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

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

    Section 552(d) of title 5, United States Code (commonly known as 
the ``Freedom of Information Act''), is amended, in the second 
sentence, by inserting ``or any Member of Congress'' before the period 
at the end.

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

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

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

``SEC. 201. DECLARATIONS OF NATIONAL EMERGENCIES.

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

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

    ``(a) Temporary Effective Periods.--
            ``(1) In general.--Unless previously terminated pursuant to 
        a proclamation of the President or an Act of Congress under 
        subsection (c), a declaration of a national emergency shall 
        remain in effect for 20 session days, in the case of the 
        Senate, and 20 legislative days, in the case of the House, from 
        the issuance of the proclamation under section 201(a) (not 
        counting the day on which the proclamation was issued) and 
        shall terminate when that period expires unless there is 
        enacted into law a joint resolution of approval under section 
        203 with respect to the proclamation.
            ``(2) Exercise of powers and authorities.--Unless the 
        declaration of national emergency has been terminated pursuant 
        to a proclamation of the President or an Act of Congress under 
        subsection (c), any emergency power or authority made available 
        under a provision of law specified pursuant to section 201(b) 
        may be exercised pursuant to a declaration of a national 
        emergency for 20 session days, in the case of the Senate, and 
        20 legislative days, in the case of the House, from the 
        issuance of the proclamation or Executive order (not counting 
        the day on which such proclamation or Executive order was 
        issued). That power or authority may not be exercised after 
        that period expires unless there is enacted into law a joint 
        resolution of approval under section 203 approving--
                    ``(A) the proclamation of the national emergency or 
                the Executive order; and
                    ``(B) the exercise of the power or authority 
                specified by the President in such proclamation or 
                Executive order.
    ``(b) Renewal of National Emergencies.--A national emergency 
declared by the President under section 201(a) or previously renewed 
under this subsection, and not already terminated pursuant to 
subsection (a) or (c), shall terminate on the date that is one year 
after the President transmitted to Congress the proclamation declaring 
the emergency or the enactment of a previous renewal pursuant to this 
subsection, unless--
            ``(1) the President publishes in the Federal Register and 
        transmits to Congress an Executive order renewing the 
        emergency; and
            ``(2) there is enacted into law a joint resolution of 
        approval renewing the emergency pursuant to section 203 before 
        the termination of the emergency or previous renewal of the 
        emergency.
    ``(c) Termination of National Emergencies.--
            ``(1) In general.--Any national emergency declared by the 
        President under section 201(a) shall terminate on the earliest 
        of--
                    ``(A) the date provided for in subsection (a);
                    ``(B) the date provided for in subsection (b);
                    ``(C) the date specified in an Act of Congress, 
                including a joint resolution of termination under 
                section 203, terminating the emergency; or
                    ``(D) the date specified in a proclamation of the 
                President terminating the emergency.
            ``(2) Effect of termination.--Effective on the date of the 
        termination of a national emergency under paragraph (1)--
                    ``(A) any powers or authorities exercised by reason 
                of the emergency shall cease to be exercised;
                    ``(B) any amounts reprogrammed, repurposed, or 
                transferred under any provision of law with respect to 
                the emergency that remain unobligated on that date 
                shall be returned and made available for the purpose 
                for which such amounts were appropriated; and
                    ``(C) any contracts entered into under any 
                provision of law relating to the emergency shall be 
                terminated.

``SEC. 203. REVIEW BY CONGRESS OF NATIONAL EMERGENCIES.

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

``SEC. 204. EXCLUSION OF CERTAIN NATIONAL EMERGENCIES INVOKING 
              INTERNATIONAL EMERGENCY ECONOMIC POWERS ACT.

    ``(a) In General.--In the case of a national emergency described in 
subsection (b), the provisions of the National Emergencies Act, as in 
effect on the day before the date of the enactment of the Congressional 
Power of the Purse Act, shall continue to apply on and after such date 
of enactment.
    ``(b) National Emergency Described.--
            ``(1) In general.--A national emergency described in this 
        subsection is a national emergency pursuant to which the 
        President proposes to exercise emergency powers or authorities 
        made available under the International Emergency Economic 
        Powers Act (50 U.S.C. 1701 et seq.), supplemented as necessary 
        by a provision of law specified in paragraph (2).
            ``(2) Provisions of law specified.--The provisions of law 
        specified in this paragraph are--
                    ``(A) the United Nations Participation Act of 1945 
                (22 U.S.C. 287 et seq.);
                    ``(B) section 212(f) of the Immigration and 
                Nationality Act (8 U.S.C. 1182(f)); or
                    ``(C) any provision of law that authorizes the 
                implementation, imposition, or enforcement of economic 
                sanctions with respect to a foreign country.
    ``(c) Effect of Additional Powers and Authorities.--Subsection (a) 
shall not apply to a national emergency or the exercise of emergency 
powers and authorities pursuant to the national emergency if, in 
addition to the exercise of emergency powers and authorities described 
in subsection (b), the President proposes to exercise, pursuant to the 
national emergency, any emergency powers and authorities under any 
other provision of law.''.
    (b) Reporting Requirements.--Section 401 of the National 
Emergencies Act (50 U.S.C. 1641) is amended by adding at the end the 
following:
    ``(d) Report on Emergencies.--The President shall transmit to 
Congress, with any proclamation declaring a national emergency under 
section 201(a) or any Executive order specifying emergency powers or 
authorities under section 201(b)(2) or renewing a national emergency 
under section 202(b), a report, in writing, that includes the 
following:
            ``(1) A description of the circumstances necessitating the 
        declaration of a national emergency, the renewal of such an 
        emergency, or the use of a new emergency power or authority 
        specified in the Executive order, as the case may be.
            ``(2) The estimated duration of the national emergency, or 
        a statement that the duration of the national emergency cannot 
        reasonably be estimated at the time of transmission of the 
        report.
            ``(3) A summary of the actions the President or other 
        officers intend to take, including any reprogramming or 
        transfer of funds and any contracts anticipated to be entered 
        into, and the statutory authorities the President and such 
        officers expect to rely on in addressing the national 
        emergency.
            ``(4) In the case of a renewal of a national emergency, a 
        summary of the actions the President or other officers have 
        taken in the preceding one-year period, including any 
        reprogramming or transfer of funds, to address the emergency.
    ``(e) Provision of Information to Congress.--The President shall 
provide to Congress such other information as Congress may request in 
connection with any national emergency in effect under title II.
    ``(f) Periodic Reports on Status of Emergencies.--If the President 
declares a national emergency under section 201(a), the President 
shall, not less frequently than every 90 days for the duration of the 
emergency, report to Congress on the status of the emergency and the 
actions the President or other officers have taken and authorities the 
President and such officers have relied on in addressing the 
emergency.''.
    (c) Exclusion of Imposition of Duties and Import Quotas From 
Presidential Authorities Under International Emergency Economic Powers 
Act.--Section 203 of the International Emergency Economic Powers Act 
(50 U.S.C. 1702) is amended--
            (1) by redesignating subsection (c) as subsection (d); and
            (2) by inserting after subsection (b) the following:
    ``(c)(1) The authority granted to the President by this section 
does not include the authority to impose duties or tariff-rate quotas 
or (subject to paragraph (2)) other quotas on articles entering the 
United States.
    ``(2) The limitation under paragraph (1) does not prohibit the 
President from excluding all articles imported from a country from 
entering the United States.''.
    (d) Conforming Amendments.--
            (1) National emergencies act.--Title III of the National 
        Emergencies Act (50 U.S.C. 1631) is repealed.
            (2) International emergency economic powers act.--Section 
        207 of the International Emergency Economic Powers Act (50 
        U.S.C. 1706) is amended by adding at the end the following:
    ``(c) In this section, the term `National Emergencies Act' means 
the National Emergencies Act, as in effect on the day before the date 
of the enactment of the Congressional Power of the Purse Act.''.
    (e) Effective Date; Applicability.--
            (1) In general.--Except as provided in paragraph (2), this 
        section and the amendments made by this section shall take 
        effect on the date of the enactment of this Act and apply with 
        respect to national emergencies declared under section 201 of 
        the National Emergencies Act on or after that date.
            (2) Applicability to renewals of existing emergencies.--
        When a national emergency declared under section 201 of the 
        National Emergencies Act before the date of the enactment of 
        this Act would expire or be renewed under section 202(d) of 
        that Act (as in effect on the day before such date of 
        enactment), that national emergency shall be subject to the 
        requirements for renewal under section 202(b) of that Act, as 
        amended by subsection (a).

SEC. 532. NATIONAL EMERGENCIES ACT DECLARATION SPENDING REPORTING IN 
              THE PRESIDENT'S BUDGET.

    Section 1105(a) of title 31, United States Code, as amended by 
section 514, is further amended by adding at the end the following:
            ``(44)(A) a report on the proposed, planned, and actual 
        obligations and expenditures of funds (for the prior fiscal 
        year, the current fiscal year, and the fiscal years for which 
        the budget is submitted) attributable to the exercise of powers 
        and authorities made available by statute for each national 
        emergency declared by the President, currently active or in 
        effect during the applicable fiscal years.
            ``(B) Obligations and expenditures contained in the report 
        under subparagraph (A) shall be organized by Treasury 
        Appropriation Fund Symbol or fund account and by program, 
        project, and activity, and include--
                    ``(i) a description of each such program, project, 
                and activity;
                    ``(ii) the authorities under which such funding 
                actions are taken; and
                    ``(iii) the purpose and progress of such 
                obligations and expenditures toward addressing the 
                applicable national emergency.
            ``(C) Such report shall include, with respect to any 
        transfer, reprogramming, or repurposing of funds to address the 
        applicable national emergency--
                    ``(i) the amount of such transfer, reprogramming, 
                or repurposing;
                    ``(ii) the authority authorizing each such 
                transfer, reprogramming, or repurposing; and
                    ``(iii) a description of programs, projects, and 
                activities affected by such transfer, reprogramming, or 
                repurposing, including by a reduction in funding.''.

SEC. 533. DISCLOSURE TO CONGRESS OF PRESIDENTIAL EMERGENCY ACTION 
              DOCUMENTS.

    (a) In General.--Not later than 30 days after the conclusion of the 
process for approval, adoption, or revision of any presidential 
emergency action document, the President shall submit that document to 
the appropriate congressional committees.
    (b) Documents in Existence Before Date of Enactment.--Not later 
than 15 days after the date of the enactment of this Act, the President 
shall submit to the appropriate congressional committees all 
presidential emergency action documents in existence before such date 
of enactment.
    (c) Definitions.--In this section:
            (1) Appropriate congressional committees.--The term 
        ``appropriate congressional committees'', with respect to a 
        presidential emergency action document submitted under 
        subsection (a) or (b), means--
                    (A) the Committee on Homeland Security and 
                Governmental Affairs, the Committee on the Judiciary, 
                and the Select Committee on Intelligence of the Senate;
                    (B) the Committee on Oversight and Accountability, 
                the Committee on the Judiciary, and the Permanent 
                Select Committee on Intelligence of the House of 
                Representatives; and
                    (C) any other committee of the Senate or the House 
                of Representatives with jurisdiction over the subject 
                matter addressed in the presidential emergency action 
                document.
            (2) Presidential emergency action document.--The term 
        ``presidential emergency action document'' refers to--
                    (A) each of the approximately 56 documents 
                described as presidential emergency action documents in 
                the budget justification materials for the Office of 
                Legal Counsel of the Department of Justice submitted to 
                Congress in support of the budget of the President for 
                fiscal year 2018; and
                    (B) any other pre-coordinated legal document in 
                existence before, on, or after the date of the 
                enactment of this Act, that--
                            (i) is designated as a presidential 
                        emergency action document; or
                            (ii) is designed to implement a 
                        presidential decision or transmit a 
                        presidential request when an emergency disrupts 
                        normal governmental or legislative processes.

SEC. 534. CONGRESSIONAL DESIGNATIONS.

    Section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit 
Control Act of 1985 (2 U.S.C. 901(b)(2)(A)) is amended--
            (1) in clause (i), by striking ``and the President 
        subsequently so designates''; and
            (2) in clause (ii), by striking ``and the President 
        subsequently so designates''.

       TITLE VI--SECURITY FROM POLITICAL INTERFERENCE IN JUSTICE

SEC. 601. SHORT TITLE.

    This title may be cited as the ``Security From Political 
Interference in Justice Act of 2023''.

SEC. 602. DEFINITIONS.

    In this title:
            (1) Communications log.--The term ``communications log'' 
        means the log required to be maintained under section 603(a).
            (2) Covered communication.--
                    (A) In general.--The term ``covered communication'' 
                means any communication relating to any contemplated or 
                ongoing investigation or litigation conducted by the 
                Department of Justice in any civil or criminal matter 
                (regardless of whether a civil action or criminal 
                indictment or information has been filed); and
                    (B) Exceptions.--The term ``covered communication'' 
                does not include a communication that is any of the 
                following:
                            (i) A communication that involves contact 
                        between the President, the Vice President, the 
                        Counsel to the President, or the Principal 
                        Deputy Counsel to the President, and the 
                        Attorney General, the Deputy Attorney General, 
                        or the Associate Attorney General, except to 
                        the extent that the communication concerns a 
                        contemplated or ongoing investigation or 
                        litigation in which a target or subject is one 
                        of the following:
                                    (I) The President, the Vice 
                                President, or a member of the immediate 
                                family of the President or Vice 
                                President.
                                    (II) Any individual working in the 
                                Executive Office of the President who 
                                is compensated at a rate of pay at or 
                                above level II of the Executive 
                                Schedule under section 5313 of title 5, 
                                United States Code.
                                    (III) The current or former chair 
                                or treasurer of any national campaign 
                                committee that sought the election or 
                                seeks the reelection of the President, 
                                or any officer of such a committee 
                                exercising authority at the national 
                                level, during the tenure in office of 
                                the President.
                            (ii) A communication that involves contact 
                        between an officer or employee of the 
                        Department of Justice and an officer or 
                        employee of the Executive Office of the 
                        President on a particular matter, if any of the 
                        President, the Vice President, the Counsel to 
                        the President, or the Principal Deputy Counsel 
                        to the President, and if any of the Attorney 
                        General, the Deputy Attorney General, or the 
                        Associate Attorney General, have designated a 
                        subordinate to carry on such contact, and the 
                        person so designating monitors all subsequent 
                        communications and the person designated keeps 
                        the designating person informed of each such 
                        communication, except to the extent that the 
                        communication concerns a contemplated or 
                        ongoing investigation or litigation in which a 
                        target or subject is one of the following:
                                    (I) The President, the Vice 
                                President, or a member of the immediate 
                                family of the President or Vice 
                                President.
                                    (II) Any individual working in the 
                                Executive Office of the President who 
                                is compensated at a rate of pay at or 
                                above level II of the Executive 
                                Schedule under section 5313 of title 5, 
                                United States Code.
                                    (III) The current or former chair 
                                or treasurer of any national campaign 
                                committee that sought the election or 
                                seeks the reelection of the President, 
                                or any officer of such a committee 
                                exercising authority at the national 
                                level, during the tenure in office of 
                                the President.
                            (iii) A communication that involves contact 
                        from or to the Deputy Counsel to the President 
                        for National Security Affairs, the staff of the 
                        National Security Council, or the staff of the 
                        Homeland Security Council that relates to a 
                        national security matter, except to the extent 
                        that the communication concerns a pending civil 
                        or criminal action that may have national 
                        security implications.
                            (iv) A communication that involves contact 
                        between the Office of the Pardon Attorney of 
                        the Department of Justice and the Counsel to 
                        the President or a Deputy Counsel to the 
                        President relating to pardon matters.
                            (v) A communication that relates solely to 
                        policy, appointments, legislation, rulemaking, 
                        budgets, public relations or affairs, 
                        programmatic matters, intergovernmental 
                        relations, administrative or personnel matters, 
                        appellate litigation, or requests for legal 
                        advice.
            (3) Immediate family of the president or vice president.--
        The term ``immediate family of the President or Vice 
        President'' means the persons to whom the President or Vice 
        President--
                    (A) is related by blood, marriage, or adoption; or
                    (B) stands in loco parentis.

SEC. 603. COMMUNICATIONS LOGS.

    (a) In General.--The Attorney General shall maintain a log of 
covered communications.
    (b) Contents.--A communications log shall include, with respect to 
a covered communication--
            (1) the name and title of each officer or employee of the 
        Department of Justice or the Executive Office of the President 
        who participated in the covered communication;
            (2) the topic of the covered communication; and
            (3) a statement describing the purpose and necessity of the 
        covered communication.
    (c) Oversight.--
            (1) Periodic disclosure of logs.--Not later than January 
        30, April 30, July 30, and October 30 of each year, the 
        Attorney General shall submit to the Office of the Inspector 
        General of the Department of Justice a report containing the 
        communications log for the 3-month period preceding that 
        January, April, July, or October.
            (2) Notice of inappropriate or improper communications.--
        The Office of the Inspector General of the Department of 
        Justice shall--
                    (A) review each communications log received under 
                paragraph (1); and
                    (B) notify the Committee on the Judiciary of the 
                Senate and the Committee on the Judiciary of the House 
                of Representatives if the Inspector General determines 
                that a covered communication described in the 
                communications log--
                            (i) is inappropriate from a law enforcement 
                        perspective; or
                            (ii) raises concerns about improper 
                        political interference.
    (d) Rule of Construction.--Nothing in this section may be construed 
to limit the valid written assertion by the President of presidential 
communications privilege with regard to any material required to be 
submitted under this section.

SEC. 604. RULE OF CONSTRUCTION.

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

                  TITLE VII--PROTECTING WHISTLEBLOWERS

            Subtitle A--Whistleblower Protection Improvement

SEC. 701. SHORT TITLE.

    This title may be cited as the ``Whistleblower Protection 
Improvement Act of 2023''.

SEC. 702. ADDITIONAL WHISTLEBLOWER PROTECTIONS.

    (a) Investigations as Personnel Actions.--
            (1) In general.--Section 2302(a)(2)(A) of title 5, United 
        States Code, is amended--
                    (A) in clause (xi), by striking ``and'' at the end;
                    (B) by redesignating clause (xii) as clause (xiii); 
                and
                    (C) by inserting after the clause (xi) the 
                following:
                            ``(xii) for purposes of subsection (b)(8)--
                                    ``(I) the commencement, expansion, 
                                or extension of an investigation, but 
                                not including any investigation that is 
                                ministerial or nondiscretionary 
                                (including a ministerial or 
                                nondiscretionary investigation 
                                described in section 1213) or any 
                                investigation that is conducted by an 
                                Inspector General of an entity of the 
                                Government of an employee not employed 
                                by the office of that Inspector 
                                General; and
                                    ``(II) a referral to an Inspector 
                                General of an entity of the Government, 
                                except for a referral that is 
                                ministerial or nondiscretionary; and''.
            (2) Application.--The amendment made by paragraph (1) shall 
        apply to any investigation commenced, expanded, or extended, or 
        to any referral made, as described in clause (xii) of section 
        2302(a)(2)(A) of title 5, United States Code, as amended by 
        such paragraph, on or after the date of enactment of this Act.
    (b) Right To Petition Congress.--
            (1) In general.--Section 2302(b)(9) of title 5, United 
        States Code, is amended--
                    (A) in subparagraph (C), by striking ``or'' at the 
                end;
                    (B) in subparagraph (D), by adding ``or'' after the 
                semicolon at the end; and
                    (C) by adding at the end the following:
                    ``(E) the exercise of any right protected under 
                section 7211;''.
            (2) Application.--The amendment made by paragraph (1) shall 
        apply to the exercise of any right described in subparagraph 
        (E) of section 2302(b)(9) of title 5, United States Code, as 
        added by that paragraph, occurring on or after the date of 
        enactment of this Act.
    (c) Prohibition on Disclosure of Whistleblower Identity.--
            (1) In general.--Section 2302 of title 5, United States 
        Code, is amended by adding at the end the following:
    ``(g)(1) No employee of an agency may willfully communicate or 
transmit to any individual who is not an officer or employee of the 
Government the identity of, or personally identifiable information 
about, any other employee because that other employee has made, or is 
suspected to have made, a disclosure protected by subsection (b)(8), 
unless--
            ``(A) the other employee provides express written consent 
        prior to the communication or transmission of their identity or 
        personally identifiable information;
            ``(B) the communication or transmission is made in 
        accordance with the provisions of section 552a;
            ``(C) the communication or transmission is made to a lawyer 
        for the sole purpose of providing legal advice to an employee 
        accused of whistleblower retaliation; or
            ``(D) the communication or transmission is required or 
        permitted by any other provision of law.
    ``(2) In this subsection, the term `officer or employee of the 
Government' means--
            ``(A) the President;
            ``(B) a Member of Congress;
            ``(C) a member of the uniformed services;
            ``(D) an employee, as that term is defined in section 2105, 
        including an employee of the United States Postal Service, the 
        Postal Regulatory Commission, or the Department of Veterans 
        Affairs (including any employee appointed pursuant to chapter 
        73 or 74 of title 38); and
            ``(E) any other officer or employee in any branch of the 
        Government of the United States.''.
            (2) Application.--The amendment made by paragraph (1) shall 
        apply to any transmission or communication described in 
        subsection (g) of section 2302 of title 5, United States Code, 
        as added by paragraph (1), made on or after the date of 
        enactment of this Act.
    (d) Right To Petition Congress.--
            (1) In general.--Section 7211 of title 5, United States 
        Code, is amended to read as follows:
``Sec. 7211. Employees' right to petition or furnish information or 
              respond to Congress
    ``(a) In General.--Each officer or employee of the Federal 
Government, individually or collectively, has a right to--
            ``(1) petition Congress or a Member of Congress;
            ``(2) furnish information, documents, or testimony to 
        either House of Congress, any Member of Congress, or any 
        committee or subcommittee of Congress; or
            ``(3) respond to any request for information, documents, or 
        testimony from either House of Congress or any Committee or 
        subcommittee of Congress.
    ``(b) Prohibited Actions.--No officer or employee of the Federal 
Government may interfere with or deny the right set forth in subsection 
(a), including by--
            ``(1) prohibiting or preventing, or attempting or 
        threatening to prohibit or prevent, any other officer or 
        employee of the Federal Government from engaging in activity 
        protected under subsection (a); or
            ``(2) removing, suspending from duty without pay, demoting, 
        reducing in rank, seniority, status, pay, or performance or 
        efficiency rating, denying promotion to, relocating, 
        reassigning, transferring, disciplining, or discriminating in 
        regard to any employment right, entitlement, or benefit, or any 
        term or condition of employment of, any other officer or 
        employee of the Federal Government, or attempting or 
        threatening to commit any of the foregoing actions, because the 
        other officer or employee engaged in activity protected under 
        subsection (a).
    ``(c) Application.--This section shall not be construed to 
authorize disclosure of any information that is--
            ``(1) specifically prohibited from disclosure by any other 
        provision of Federal law; or
            ``(2) specifically required by Executive order to be kept 
        secret in the interest of national defense or the conduct of 
        foreign affairs, unless disclosure is otherwise authorized by 
        law.
    ``(d) Definition of Officer or Employee of the Federal 
Government.--For purposes of this section, the term `officer or 
employee of the Federal Government' includes--
            ``(1) the President;
            ``(2) a Member of Congress;
            ``(3) a member of the uniformed services;
            ``(4) an employee (as that term is defined in section 
        2105);
            ``(5) an employee of the United States Postal Service or 
        the Postal Regulatory Commission; and
            ``(6) an employee appointed under chapter 73 or 74 of title 
        38.''.
            (2) Clerical amendment.--The table of sections for 
        subchapter II of chapter 72 of title 5, United States Code, is 
        amended by striking the item related to section 7211 and 
        inserting the following:

``7211. Employees' right to petition or furnish information or respond 
                            to Congress.''.

SEC. 703. ENHANCEMENT OF WHISTLEBLOWER PROTECTIONS.

    (a) Disclosures Relating to Officers or Employees of an Office of 
Inspector General.--Section 1213(c) of title 5, United States Code, is 
amended by adding at the end the following:
    ``(3) If the information transmitted under this subsection 
disclosed a violation of law, rule, or regulation, or gross waste, 
gross mismanagement, abuse of authority, or a substantial and specific 
danger to public health or safety, by any officer or employee of an 
Office of Inspector General, the Special Counsel may refer the matter 
to the Council of the Inspectors General on Integrity and Efficiency, 
which shall comply with the standards and procedures applicable to 
investigations and reports under this subsection.''.
    (b) Retaliatory Referrals to Inspectors General.--Section 1214(d) 
of title 5, United States Code, is amended by adding at the end the 
following:
    ``(3) In any case in which the Special Counsel determines that a 
referral to an Inspector General of an entity of the Federal Government 
was in retaliation for a disclosure or protected activity described in 
section 2302(b)(8) or in retaliation for exercising a right described 
in section 2302(b)(9)(A)(i), the Special Counsel shall transmit that 
finding in writing to the Inspector General within 7 days of making the 
finding. The Inspector General shall consider that finding and make a 
determination on whether to initiate an investigation or continue an 
investigation based on the referral that the Special Counsel found to 
be retaliatory.''.
    (c) Ensuring Timely Relief.--
            (1) Individual right of action.--Section 1221 of title 5, 
        United States Code, is amended by striking ``section 2302(b)(8) 
        or section 2302(b)(9)(A)(i), (B), (C), or (D),'' each place it 
        appears and inserting ``section 2302(b)(8), section 
        2302(b)(9)(A)(i), (B), (C), (D), or (E), section 2302(b)(13), 
        or section 2302(g),''.
            (2) Stays.--Section 1221(c)(2) of title 5, United States 
        Code, is amended to read as follows:
    ``(2) Any stay requested under paragraph (1) shall be granted 
within 10 calendar days (excluding Saturdays, Sundays, and legal 
holidays) after the date the request is made, if the Board--
            ``(A) determines that there is a substantial likelihood 
        that protected activity was a contributing factor to the 
        personnel action involved; or
            ``(B) otherwise determines that such a stay would be 
        appropriate.''.
            (3) Appeal of stay.--Section 1221(c) of title 5, United 
        States Code, is amended by adding at the end the following:
    ``(4) If any stay requested under paragraph (1) is denied, the 
employee, former employee, or applicant for employment may, within 7 
days after receiving notice of the denial, file an appeal for expedited 
review by the Board. The agency shall have 7 days thereafter to 
respond. The Board shall provide a decision not later than 21 days 
after receiving the appeal. During the period of appeal, both parties 
may supplement the record with information unavailable to them at the 
time the stay was first requested.''.
            (4) Access to district court; jury trials.--
                    (A) In general.--Section 1221(i) of title 5, United 
                States Code, is amended--
                            (i) by striking ``(i) Subsections'' and 
                        inserting ``(i)(1) Subsections''; and
                            (ii) by adding at the end the following:
    ``(2)(A) If, in the case of an employee, former employee, or 
applicant for employment who seeks corrective action from the Merit 
Systems Protection Board based on an alleged prohibited personnel 
practice described in section 2302(b)(8), section 2302(b)(9)(A)(i), 
(B), (C), (D), or (E), section 2302(b)(13), or section 2302(g), no 
final order or decision is issued by the Board within 180 days after 
the date on which a request for such corrective action has been duly 
submitted to the Board, such employee, former employee, or applicant 
may, after providing written notice to the Special Counsel and the 
Board and only within 20 days after providing such notice, bring an 
action for review de novo before the appropriate United States district 
court, and such action shall, at the request of either party to such 
action, be tried before a jury. Upon filing of an action with the 
appropriate United States district court, any proceedings before the 
Board shall cease and the employee, former employee, or applicant for 
employment waives any right to refile with the Board.
    ``(B) If the Board certifies (in writing) to the parties of a case 
that the complexity of such case requires a longer period of review, 
subparagraph (A) shall be applied by substituting `240 days' for `180 
days'.
    ``(C) In any such action brought before a United States district 
court under subparagraph (A), the court--
            ``(i) shall apply the standards set forth in subsection 
        (e); and
            ``(ii) may award any relief that the court considers 
        appropriate, including any relief described in subsection 
        (g).''.
                    (B) Application.--
                            (i) In general.--The amendments made by 
                        subparagraph (A) shall apply to any corrective 
                        action duly submitted to the Merit Systems 
                        Protection Board, during the 5-year period 
                        preceding the date of enactment of this Act, by 
                        an employee, former employee, or applicant for 
                        employment based on an alleged prohibited 
                        personnel practice described in section 
                        2302(b)(8), 2302(b)(9)(A)(i), (B), (C), or (D), 
                        or 2302(b)(13) of title 5, United States Code, 
                        with respect to which no final order or 
                        decision has been issued by the Board.
                            (ii) Limitation.--In the case of an 
                        individual described in clause (i) whose duly 
                        submitted claim to the Merit Systems Protection 
                        Board was made not later than 180 days before 
                        the date of enactment of this Act, such 
                        individual may only bring an action before a 
                        United States district court as described in 
                        paragraph (2) of section 1221(i) of title 5, 
                        United States Code, (as added by subparagraph 
                        (A)) if that individual--
                                    (I) provides written notice to the 
                                Office of Special Counsel and the Merit 
                                Systems Protection Board not later than 
                                90 days after the date of enactment of 
                                this Act; and
                                    (II) brings such action not later 
                                than 20 days after providing such 
                                notice.
    (d) Recipients of Whistleblower Disclosures.--Section 2302(b)(8)(B) 
of title 5, United States Code, is amended by striking ``or to the 
Inspector General of an agency or another employee designated by the 
head of the agency to receive such disclosures'' and inserting ``the 
Inspector General of an agency, a supervisor in the employee's direct 
chain of command up to and including the head of the employing agency, 
or to an employee designated by any of the aforementioned individuals 
for the purpose of receiving such disclosures''.
    (e) Attorney Fees.--
            (1) In general.--Section 7703(a) of title 5, United States 
        Code, is amended by adding at the end the following:
            ``(3) If an employee, former employee, or applicant for 
        employment is the prevailing party under a proceeding brought 
        under this section, the employee, former employee, or applicant 
        for employment shall be entitled to attorney fees for all 
        representation carried out pursuant to this section. In such an 
        action for attorney fees, the agency responsible for taking the 
        personnel action shall be the respondent and shall be 
        responsible for paying the fees.''.
            (2) Application.--In addition to any proceeding brought by 
        an employee, former employee, or applicant for employment on or 
        after the date of enactment of this Act in a Federal court 
        under section 7703 of title 5, United States Code, the 
        amendment made by paragraph (1) shall apply to any proceeding 
        brought by an employee, former employee, or applicant for 
        employment under such section before the date of enactment of 
        this Act with respect to which the applicable Federal court has 
        not issued a final decision.
    (f) Extending Whistleblower Protection Act to Certain Employees.--
            (1) In general.--Section 2302(a)(2)(A) of title 5, United 
        States Code, is amended, in the matter following clause (xiii), 
        as redesignated by section 702(a)(1)(B)--
                    (A) by inserting ``subsection (b)(9)(A)(i), (B), 
                (C), (D), or (E), subsection (b)(13), or subsection 
                (g),'' after ``subsection (b)(8),''; and
                    (B) by inserting after ``title 31'' the following: 
                ``, a fellow or intern at an agency, a commissioned 
                officer or applicant for employment in the Public 
                Health Service, an officer or applicant for employment 
                in the commissioned officer corps of the National 
                Oceanic and Atmospheric Administration, or a noncareer 
                appointee in the Senior Executive Service''.
            (2) Conforming amendments.--Section 261 of the National 
        Oceanic and Atmospheric Administration Commissioned Officer 
        Corps Act of 2002 (33 U.S.C. 3071) is amended--
                    (A) in subsection (a)--
                            (i) by striking paragraph (8); and
                            (ii) by redesignating paragraphs (9) 
                        through (26) as paragraphs (8) through (25), 
                        respectively; and
                    (B) in subsection (b), by striking the second 
                sentence.
            (3) Application.--
                    (A) In general.--With respect to an officer or 
                applicant for employment in the commissioned officer 
                corps of the National Oceanic and Atmospheric 
                Administration, the amendments made by paragraphs (1) 
                and (2) shall apply to any personnel action taken 
                against such officer or applicant on or after December 
                23, 2020, for making any disclosure protected under 
                section 2302(b)(8) of title 5, United States Code.
                    (B) Exception.--Subparagraph (A) shall not apply to 
                any personnel action with respect to which an 
                allegation has been submitted pursuant to section 1034 
                of title 10, United States Code, and a final decision 
                has been made regarding such allegation under 
                subsection (h) of such section.
                    (C) Definitions.--In this paragraph, the terms 
                ``disclosure'' and ``personnel action'' have the 
                meanings given those terms in section 2302(a) of title 
                5, United States Code.
    (g) Relief.--
            (1) In general.--Section 7701(b)(2)(A) of title 5, United 
        States Code, is amended, in the matter preceding clause (i), by 
        striking ``upon the making of the decision'' and inserting 
        ``upon the making of the decision, necessary to make the 
        employee whole as if there had been no prohibited personnel 
        practice, including training, seniority, and promotions 
        consistent with the employee's prior record''.
            (2) Application.--In addition to any appeal made on or 
        after the date of enactment of this Act to the Merit Systems 
        Protection Board under section 7701 of title 5, United States 
        Code, the amendment made by paragraph (1) shall apply to any 
        appeal made under such section before the date of enactment of 
        this Act with respect to which the Board has not issued a final 
        decision.

SEC. 704. CLASSIFYING CERTAIN FURLOUGHS AS ADVERSE PERSONNEL ACTIONS.

    (a) In General.--Section 7512 of title 5, United States Code, is 
amended--
            (1) in paragraph (4), by striking ``and'' at the end; and
            (2) by striking paragraph (5) and inserting the following:
            ``(5) a furlough of more than 14 days but less than 30 
        days; and
            ``(6) a furlough of 13 days or less that is not due to a 
        lapse in appropriations;''.
    (b) Application.--The amendment made by subsection (a) shall apply 
to any furlough covered by paragraph (5) or (6) of section 7512 of 
title 5, United States Code (as amended by such subsection), occurring 
on or after the date of enactment of this Act.

SEC. 705. CODIFICATION OF PROTECTIONS FOR DISCLOSURES OF CENSORSHIP 
              RELATED TO RESEARCH, ANALYSIS, OR TECHNICAL INFORMATION.

    (a) In General.--Section 2302 of title 5, United States Code, as 
amended by section 702(c)(1), is further amended by adding at the end 
the following:
    ``(h)(1) In this subsection--
            ``(A) the term `applicant' means an applicant for a covered 
        position;
            ``(B) the term `censorship related to research, analysis, 
        or technical information' means any effort to distort, 
        misrepresent, or suppress research, analysis, or technical 
        information; and
            ``(C) the term `employee' means an employee in a covered 
        position in an agency.
    ``(2) Any disclosure of information by an employee or applicant for 
employment that the employee or applicant reasonably believes is 
evidence of censorship related to research, analysis, or technical 
information--
            ``(A) shall come within the protections of subsection 
        (b)(8)(A) if--
                    ``(i) the employee or applicant reasonably believes 
                that the censorship related to research, analysis, or 
                technical information is or will cause--
                            ``(I) any violation of law, rule, or 
                        regulation; or
                            ``(II) gross mismanagement, a gross waste 
                        of funds, an abuse of authority, or a 
                        substantial and specific danger to public 
                        health or safety; and
                    ``(ii) such disclosure is not specifically 
                prohibited by law or such information is not 
                specifically required by Executive order to be kept 
                classified in the interest of national defense or the 
                conduct of foreign affairs; and
            ``(B) shall come within the protections of subsection 
        (b)(8)(B) if--
                    ``(i) the employee or applicant reasonably believes 
                that the censorship related to research, analysis, or 
                technical information is or will cause--
                            ``(I) any violation of law, rule, or 
                        regulation; or
                            ``(II) gross mismanagement, a gross waste 
                        of funds, an abuse of authority, or a 
                        substantial and specific danger to public 
                        health or safety; and
                    ``(ii) the disclosure is made to the Special 
                Counsel, or to the Inspector General of an agency or 
                another person designated by the head of the agency to 
                receive such disclosures, consistent with the 
                protection of sources and methods.
    ``(3) A disclosure shall not be excluded from paragraph (2) for any 
reason described in paragraph (1) or (2) of subsection (f).
    ``(4) Nothing in this subsection shall be construed to imply any 
limitation on the protections of employees and applicants afforded by 
any other provision of law, including protections with respect to any 
disclosure of information believed to be evidence of censorship related 
to research, analysis, or technical information.''.
    (b) Repeal.--
            (1) In general.--Section 110 of the Whistleblower 
        Protection Enhancement Act of 2012 (5 U.S.C. 2302 note) is 
        hereby repealed.
            (2) Rule of construction.--Nothing in this section shall be 
        construed to limit or otherwise affect any action under section 
        110 of the Whistleblower Protection Enhancement Act of 2012 (5 
        U.S.C. 2302 note) commenced before the date of enactment of 
        this Act or any protections afforded by such section with 
        respect to such action.

SEC. 706. TITLE 5 TECHNICAL AND CONFORMING AMENDMENTS.

    Title 5, United States Code, is amended--
            (1) in section 1212(h), by striking ``or (9)'' each place 
        it appears and inserting ``, (b)(9), (b)(13), or (g)'';
            (2) in section 1214--
                    (A) in subsections (a) and (b), by striking 
                ``section 2302(b)(8) or section 2302(b)(9)(A)(i), (B), 
                (C), or (D)'' each place it appears and inserting 
                ``section 2302(b)(8), section 2302(b)(9)(A)(i), (B), 
                (C), (D), or (E), section 2302(b)(13), or section 
                2302(g)''; and
                    (B) in subsection (i), by striking ``section 
                2302(b)(8) or subparagraph (A)(i), (B), (C), or (D) of 
                section 2302(b)(9)'' and inserting ``section 
                2302(b)(8), subparagraph (A)(i), (B), (C), (D), or (E) 
                of section 2302(b)(9), section 2302(b)(13), or section 
                2302(g)'';
            (3) in section 1215(a)(3)(B), by striking ``section 
        2302(b)(8), or 2302(b)(9)(A)(i), (B), (C), or (D)'' each place 
        it appears and inserting ``section 2302(b)(8), section 
        2302(b)(9)(A)(i), (B), (C), (D), or (E), section 2302(b)(13), 
        or section 2302(g)'';
            (4) in section 2302--
                    (A) in subsection (a)--
                            (i) in paragraph (1), by inserting ``or 
                        (g)'' after ``subsection (b)''; and
                            (ii) in paragraph (2)(C)(i), by striking 
                        ``subsection (b)(8) or section 
                        2302(b)(9)(A)(i), (B), (C), or (D)'' and 
                        inserting ``subsection (b)(8), (b)(9)(A)(i), 
                        (B), (C), (D), or (E), (b)(13), or (g)''; and
                    (B) in subsection (c)(1)(B), by striking 
                ``paragraph (8) or subparagraph (A)(i), (B), (C), or 
                (D) of paragraph (9) of subsection (b)'' and inserting 
                ``subsection (b)(8), subparagraph (A)(i), (B), (C), or 
                (D) of subsection (b)(9), subsection (b)(13), or 
                subsection (g)'';
            (5) in section 7515(a)(2), by striking ``paragraph (8), 
        (9), or (14) of section 2302(b)'' and inserting ``paragraph 
        (8), (9), (13), or (14) of section 2302(b) or section 
        2302(g)'';
            (6) in section 7701(c)(2)(B), by striking ``section 
        2302(b)'' and inserting ``subsection (b) or (g) of section 
        2302''; and
            (7) in section 7703(b)(1)(B), by striking ``section 
        2302(b)(8), or 2302(b)(9)(A)(i), (B), (C), or (D)'' and 
        inserting ``section 2302(b)(8), section 2302(b)(9)(A)(i), (B), 
        (C), (D), or (E), section 2302(b)(13), or section 2302(g)''.

        Subtitle B--Whistleblowers of the Intelligence Community

SEC. 711. LIMITATION ON SHARING OF INTELLIGENCE COMMUNITY WHISTLEBLOWER 
              COMPLAINTS WITH PERSONS NAMED IN SUCH COMPLAINTS.

    (a) In General.--The National Security Act of 1947 (50 U.S.C. 3001 
et seq.) is amended by adding at the end the following new title:

 ``TITLE XII--MATTERS REGARDING INSPECTORS GENERAL OF ELEMENTS OF THE 
                         INTELLIGENCE COMMUNITY

``SEC. 1202. LIMITATION ON SHARING OF INTELLIGENCE COMMUNITY 
              WHISTLEBLOWER COMPLAINTS WITH PERSONS NAMED IN SUCH 
              COMPLAINTS.

    ``(a) Whistleblower Disclosure Information Defined.--In this 
section, the term `whistleblower disclosure information' means, with 
respect to a whistleblower disclosure--
            ``(1) the disclosure;
            ``(2) confirmation of the fact of the existence of the 
        disclosure; or
            ``(3) the identity, or other identifying information, of 
        the whistleblower who made the disclosure.
    ``(b) In General.--It shall be unlawful for any employee or officer 
of the Federal Government to knowingly and willfully share any 
whistleblower disclosure information with any individual named as a 
subject of the whistleblower disclosure and alleged in the disclosure 
to have engaged in misconduct, unless--
            ``(1) the whistleblower consented, in writing, to such 
        sharing before the sharing occurs;
            ``(2) a covered Inspector General to whom such disclosure 
        is made--
                    ``(A) determines that such sharing is necessary to 
                advance an investigation, audit, inspection, review, or 
                evaluation by the Inspector General; and
                    ``(B) notifies the whistleblower of such sharing 
                before the sharing occurs; or
            ``(3) an attorney for the Federal Government--
                    ``(A) determines that such sharing is necessary to 
                advance an investigation by the attorney; and
                    ``(B) notifies the whistleblower of such sharing 
                before the sharing occurs.''.
    (b) Technical and Clerical Amendments.--
            (1) Transfer.--The National Security Act of 1947 (50 U.S.C. 
        3001 et seq.) is amended as follows:
                    (A) Section 1104 (50 U.S.C. 3234) is--
                            (i) transferred to title XII of such Act, 
                        as added by subsection (a);
                            (ii) inserted before section 1202 of such 
                        Act, as added by such subsection; and
                            (iii) redesignated as section 1201.
                    (B) Section 1106 (50 U.S.C. 3236) is--
                            (i) amended by striking ``section 1104'' 
                        each place it appears and inserting ``section 
                        1201'';
                            (ii) transferred to title XII of such Act, 
                        as added by subsection (a);
                            (iii) inserted after section 1202 of such 
                        Act, as added by such subsection; and
                            (iv) redesignated as section 1203.
            (2) Clerical amendments.--The table of sections at the 
        beginning of the National Security Act of 1947 is amended--
                    (A) by striking the items relating to section 1104 
                and section 1106; and
                    (B) by adding after the items relating to title XI 
                the end the following new items:

 ``TITLE XII--MATTERS REGARDING INSPECTORS GENERAL OF ELEMENTS OF THE 
                         INTELLIGENCE COMMUNITY

``Sec. 1201. Prohibited personnel practices in the intelligence 
                            community.
``Sec. 1202. Limitation on sharing of intelligence community 
                            whistleblower complaints with persons named 
                            in such complaints.
``Sec. 1203. Inspector general external review panel.''.
    (c) Definitions.--Section 3 of such Act (50 U.S.C. 3003) is amended 
by adding at the end the following new paragraphs:
            ``(8) The term `covered Inspector General' means each of 
        the following:
                    ``(A) The Inspector General of the Intelligence 
                Community.
                    ``(B) The Inspector General of the Central 
                Intelligence Agency.
                    ``(C) The Inspector General of the Defense 
                Intelligence Agency.
                    ``(D) The Inspector General of the National 
                Reconnaissance Office.
                    ``(E) The Inspector General of the National 
                Geospatial-Intelligence Agency.
                    ``(F) The Inspector General of the National 
                Security Agency.
            ``(9) The term `whistleblower' means a person who makes a 
        whistleblower disclosure.
            ``(10) The term `whistleblower disclosure' means a 
        disclosure that is protected under section 1201 of this Act or 
        section 3001(j)(1) of the Intelligence Reform and Terrorism 
        Prevention Act of 2004 (50 U.S.C. 3341(j)).''.
    (d) Conforming Amendment.--Section 5331 of the Damon Paul Nelson 
and Matthew Young Pollard Intelligence Authorization Act for Fiscal 
Years 2018, 2019, and 2020 (division E of Public Law 116-92; 50 U.S.C. 
3033 note) is amended by striking ``section 1104 of the National 
Security Act of 1947 (50 U.S.C. 3234)'' and inserting ``section 1201 of 
the National Security Act of 1947''.

SEC. 712. DISCLOSURES TO CONGRESS.

    (a) In General.--Title XII of the National Security Act of 1947, as 
added by section 711, is further amended by inserting after section 
1203, as designated by section 711(b), the following new section:

``SEC. 1204. PROCEDURES REGARDING DISCLOSURES TO CONGRESS.

    ``(a) Guidance.--
            ``(1) Obligation to provide security direction upon 
        request.--Upon the request of a whistleblower, the head of the 
        relevant element of the intelligence community, acting through 
        the covered Inspector General for that element, shall furnish 
        on a confidential basis to the whistleblower information 
        regarding how the whistleblower may directly contact the 
        congressional intelligence committees, in accordance with 
        appropriate security practices, regarding a complaint or 
        information of the whistleblower pursuant to section 
        103H(k)(5)(D) or other appropriate provision of law.
            ``(2) Nondisclosure.--Unless a whistleblower who makes a 
        request under paragraph (1) provides prior consent, a covered 
        Inspector General may not disclose to the head of the relevant 
        element of the intelligence community--
                    ``(A) the identity of the whistleblower; or
                    ``(B) the element at which such whistleblower is 
                employed, detailed, or assigned as a contractor 
                employee.
    ``(b) Oversight of Obligation.--If a covered Inspector General 
determines that the head of an element of the intelligence community 
denied a request by a whistleblower under subsection (a), directed the 
whistleblower not to contact the congressional intelligence committees, 
or unreasonably delayed in providing information under such subsection, 
the covered Inspector General shall notify the congressional 
intelligence committees of such denial, direction, or unreasonable 
delay.
    ``(c) Permanent Security Officer.--The head of each element of the 
intelligence community may designate a permanent security officer in 
the element to provide to whistleblowers the information under 
subsection (a).''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
the National Security Act of 1947 is amended by inserting after the 
item relating to section 1203, as added by section 711(b)(2), the 
following new item:

``Sec. 1204. Procedures regarding disclosures to Congress.''.
    (c) Conforming Amendment.--Section 103H(k)(5)(D)(i) of the National 
Security Act of 1947 (50 U.S.C. 3033(k)(5)(D)(i)) is amended by adding 
at the end the following: ``The employee may request information 
pursuant to section 1204 with respect to contacting such committees.''.

SEC. 713. PROHIBITION AGAINST DISCLOSURE OF WHISTLEBLOWER IDENTITY AS 
              REPRISAL AGAINST WHISTLEBLOWER DISCLOSURE BY EMPLOYEES 
              AND CONTRACTORS IN INTELLIGENCE COMMUNITY.

    (a) In General.--Paragraph (3) of subsection (a) of section 1201 of 
the National Security Act of 1947, as designated by section 
711(b)(1)(A), is amended--
            (1) in subparagraph (I), by striking ``; or'' and inserting 
        a semicolon;
            (2) by redesignating subparagraph (J) as subparagraph (K); 
        and
            (3) by inserting after subparagraph (I) the following new 
        subparagraph:
                    ``(J) a knowing and willful disclosure revealing 
                the identity or other personally identifiable 
                information of such employee or such contractor 
                employee without the express written consent of such 
                employee or such contractor employee or if the 
                Inspector General determines such disclosure is 
                necessary for the exclusive purpose of investigating a 
                complaint or information received under section 416 of 
                title 5, United States Code; or''.
    (b) Applicability to Detailees.--Such subsection is amended by 
adding at the end the following new paragraph:
            ``(5) Employee.--The term `employee', with respect to an 
        agency or a covered intelligence community element, includes an 
        individual who has been detailed to such agency or covered 
        intelligence community element.''.
    (c) Private Right of Action for Unlawful Disclosure of 
Whistleblower Identity.--Subsection (f) of such section is amended to 
read as follows:
    ``(f) Enforcement.--
            ``(1) In general.--Except as otherwise provided in this 
        subsection, the President shall provide for the enforcement of 
        this section.
            ``(2) Private right of action for unlawful, willful 
        disclosure of whistleblower identity.--In a case in which an 
        employee of an agency, or other employee or officer of the 
        Federal Government, takes a personnel action described in 
        subsection (a)(3)(J) against an employee of a covered 
        intelligence community element as a reprisal in violation of 
        subsection (b) or in a case in which a contractor employee 
        takes a personnel action described in such subsection against 
        another contractor employee as a reprisal in violation of 
        subsection (c), the employee or contractor employee against 
        whom the personnel action was taken may bring a private action 
        for all appropriate remedies, including injunctive relief and 
        compensatory and punitive damages, against the employee or 
        contractor employee who took the personnel action, in a Federal 
        district court of competent jurisdiction within 180 days of 
        when the employee or contractor employee first learned of or 
        should have learned of the violation.''.

            TITLE VIII--ACCOUNTABILITY FOR ACTING OFFICIALS

SEC. 801. SHORT TITLE.

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

SEC. 802. CLARIFICATION OF FEDERAL VACANCIES REFORM ACT OF 1998.

    (a) Eligibility Requirements.--Section 3345 of title 5, United 
States Code, is amended as follows:
            (1) In subsection (a)--
                    (A) in paragraph (1), by adding before the 
                semicolon at the end the following: ``, but, and except 
                as provided in subsection (e), only if the individual 
                serving in the position of first assistant has occupied 
                such position for a period of at least 30 days during 
                the 365-day period preceding the date of the death, 
                resignation, or beginning of inability to serve of the 
                applicable officer''; and
                    (B) by striking subparagraph (A) of paragraph (3) 
                and inserting the following:
                    ``(A) the officer or employee served in a position 
                in such agency for a period of at least 1 year 
                preceding the date of death, resignation, or beginning 
                of inability to serve of the applicable officer; and''.
            (2) By adding at the end the following:
    ``(d) For purposes of this section, a position shall be considered 
to be the first assistant to the office with respect to which a vacancy 
occurs only if such position has been designated, at least 30 days 
before the date of the vacancy, by law, rule, or regulation as the 
first assistant position. The previous sentence shall begin to apply on 
the date that is 180 days after the date of enactment of the 
Accountability for Acting Officials Act.
    ``(e) The 30-day service requirement in subsection (a)(1) shall not 
apply to any individual who is a first assistant if--
            ``(1)(A) the office of such first assistant is an office 
        for which appointment is required to be made by the President, 
        by and with the advice and consent of the Senate; and
            ``(B) the Senate has approved the appointment of such 
        individual to such office; or
            ``(2) the individual began serving in the position of first 
        assistant during the 180-day period beginning on a transitional 
        inauguration day (as that term is defined in section 
        3349a(a)).''.
    (b) Qualifications.--Section 3345(b) of title 5, United States 
Code, is amended by adding at the end the following:
    ``(3) Any individual directed to perform the functions and duties 
of the vacant office temporarily in an acting capacity under subsection 
(a)(2) or (f) shall possess the qualifications (if any) set forth in 
law, rule, or regulation that are otherwise applicable to an individual 
appointed by the President, by and with the advice and consent of the 
Senate, to occupy such office.''.
    (c) Application to Individuals Removed From Office.--Section 
3345(c)(2) of title 5, United States Code, is amended by inserting 
after ``the expiration of a term of office'' the following: ``, or 
removal (voluntarily or involuntarily) from office,''.
    (d) Testimony of Acting Officials Before Congress.--Section 3345 of 
title 5, United States Code, is amended by adding at the end the 
following:
    ``(f)(1) Any individual serving as an acting officer due to a 
vacancy to which this section applies, or any individual who has served 
in such capacity and continues to perform the same or similar duties 
beyond the time limits described in section 3346, shall appear, at 
least once during any 60-day period that the individual is so serving, 
before the appropriate committees of jurisdiction of the Senate and the 
House of Representatives.
    ``(2) Paragraph (1) may be waived upon mutual agreement of the 
chairs and ranking members of the committees described in that 
paragraph.''.
    (e) Time Limitation for Principal Offices.--Section 3346 of title 
5, United States Code, is amended--
            (1) in subsection (a), in the matter preceding paragraph 
        (1), by inserting ``or as provided in subsection (d)'' after 
        ``sickness''; and
            (2) by adding at the end the following:
    ``(d) With respect to the vacancy of the position of head of any 
agency listed in section 901(b) of title 31 (or of any other Executive 
department) and to which this section applies, subsections (a) through 
(c) of this section and sections 3348(c), 3349(b), and 3349a(b) shall 
be applied by substituting `120' for `210' in each instance.''.
    (f) Exclusivity.--Section 3347 of title 5, United States Code, is 
amended--
            (1) by redesignating subsection (b) as subsection (c); and
            (2) by inserting after subsection (a) the following:
    ``(b) Notwithstanding subsection (a), any statutory provision 
covered under paragraph (1) of such subsection that contains a non-
discretionary order or directive to designate an officer or employee to 
perform the functions and duties of a specified office temporarily in 
an acting capacity shall be the exclusive means for temporarily 
authorizing an acting official to perform the functions and duties of 
such office.''.
    (g) Reporting of Vacancies.--
            (1) In general.--Section 3349 of title 5, United States 
        Code, is amended--
                    (A) in subsection (a)--
                            (i) by striking ``immediately upon'' in 
                        each instance and inserting ``not later than 7 
                        days after'';
                            (ii) in paragraph (3), by striking ``and'' 
                        at the end;
                            (iii) in paragraph (4), by striking the 
                        period at the end and inserting ``; and''; and
                            (iv) by adding at the end the following:
            ``(5) notification of the end of the term of service of any 
        person serving in an acting capacity and the name of any 
        subsequent person serving in an acting capacity and the date 
        the service of such subsequent person began not later than 7 
        days after such date.''; and
                    (B) in subsection (b), in the matter preceding 
                paragraph (1), by striking ``immediately'' and 
                inserting ``not later than 14 days after the date of 
                such determination''.
            (2) Technical corrections.--Paragraphs (1) and (2) of 
        section 3349(b) of title 5, United States Code, are amended to 
        read as follows:
            ``(1) the Committee on Homeland Security and Governmental 
        Affairs of the Senate;
            ``(2) the Committee on Oversight and Accountability of the 
        House of Representatives;''.
            (3) Vacancies during presidential inaugural transitions.--
        Section 3349a(b) of title 5, United States Code, is amended to 
        read as follows:
    ``(b) Notwithstanding section 3346 (except as provided in paragraph 
(2) of this subsection) or 3348(c), with respect to any vacancy that 
exists on a transitional inauguration day, or that arises during the 
60-day period beginning on such day, the person serving as an acting 
officer as described in section 3345 may serve in the office--
            ``(1) for no longer than 300 days beginning on such day; or
            ``(2) subject to section 3346(b), once a first or second 
        nomination for the office is submitted to the Senate, from the 
        date of such nomination for the period that the nomination is 
        pending in the Senate.''.

      TITLE IX--STRENGTHENING HATCH ACT ENFORCEMENT AND PENALTIES

     Subtitle A--Strengthening Hatch Act Enforcement and Penalties

SEC. 901. SHORT TITLE.

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

SEC. 902. STRENGTHENING HATCH ACT ENFORCEMENT AND PENALTIES AGAINST 
              POLITICAL APPOINTEES.

    (a) Investigations by Office of Special Counsel.--Section 1216 of 
title 5, United States Code, as amended by section 307, is amended--
            (1) in subsection (c), by striking ``(1),''; and
            (2) by adding at the end the following:
    ``(e)(1) In addition to the authority otherwise provided in this 
chapter, the Special Counsel--
            ``(A) shall conduct an investigation with respect to any 
        allegation concerning political activity prohibited under 
        subchapter III of chapter 73 (relating to political activities 
        by Federal employees); and
            ``(B) may, regardless of whether the Special Counsel has 
        received an allegation, conduct any investigation as the 
        Special Counsel considers necessary concerning political 
        activity prohibited under subchapter III of chapter 73.
    ``(2) With respect to any investigation under paragraph (1), the 
Special Counsel may seek corrective action under section 1214 and 
disciplinary action under section 1215 in the same way as if a 
prohibited personnel practice were involved.
    ``(f)(1) Notwithstanding section 1215(b), consistent with paragraph 
(3) of this subsection, if, after an investigation under subsection 
(d)(1), the Special Counsel determines that a political appointee has 
violated section 7323 or 7324, the Special Counsel may present a 
complaint to the Merit Systems Protection Board under the process 
provided in section 1215 against such political appointee.
    ``(2) Notwithstanding section 7326, a final order of the Board on a 
complaint of a violation of section 7323 or 7324 by a political 
appointee may impose an assessment of a civil penalty not to exceed 
$50,000.
    ``(3) The Special Counsel may not present a complaint under 
paragraph (1) of this subsection--
            ``(A) unless no disciplinary action or civil penalty has 
        been taken or assessed, respectively, against the political 
        appointee pursuant to section 7326; and
            ``(B) until on or after the date that is 90 days after the 
        date that the complaint regarding the political appointee was 
        presented to the President under section 1215(b), 
        notwithstanding whether the President submits a written 
        statement pursuant to paragraph (4) of this subsection.
    ``(4)(A) Not later than 90 days after receiving from the Special 
Counsel a complaint recommending disciplinary action under section 
1215(b) with respect to a political appointee for a violation of 
section 7323 or 7324, the President shall provide a written statement 
to the Special Counsel on whether the President imposed the recommended 
disciplinary action, imposed another form of disciplinary action and 
the nature of that disciplinary action, or took no disciplinary action 
against the political appointee.
    ``(B) Not later than 14 days after the date on which the Special 
Counsel receives a written statement under subparagraph (A) of this 
paragraph, the Special Counsel shall--
            ``(i) submit the written statement to the Committee on 
        Homeland Security and Governmental Affairs of the Senate and 
        the Committee on Oversight and Accountability of the House of 
        Representatives; and
            ``(ii) publish the written statement on the public website 
        of the Office of Special Counsel.
    ``(5) Not later than 14 days after the date on which the Special 
Counsel determines a political appointee has violated section 7323 or 
7324, the Special Counsel shall--
            ``(A) submit a report on the investigation into such 
        political appointee, and any communications sent from the 
        Special Counsel to the President recommending discipline of 
        such political appointee, to the Committee on Homeland Security 
        and Governmental Affairs of the Senate and the Committee on 
        Oversight and Accountability of the House of Representatives; 
        and
            ``(B) publish the report and the communications described 
        in subparagraph (A) on the public website of the Office of 
        Special Counsel.
    ``(6) In this subsection, the term `political appointee' means any 
individual, other than the President and the Vice President, employed 
or holding office--
            ``(A) in the Executive Office of the President, the Office 
        of the Vice President, or any other office of the White House, 
        but not including any career employee; or
            ``(B) in a confidential, policy-making, policy-determining, 
        or policy-advocating position appointed by the President, by 
        and with the advice and consent of the Senate (other than an 
        individual in the Foreign Service).''.
    (b) Clarification on Application of Hatch Act to EOP and OVP 
Employees.--Section 7322(1)(A) of title 5, United States Code, is 
amended by inserting after ``Executive agency'' the following: ``, 
including the Executive Office of the President, the Office of the Vice 
President, and any other office of the White House,''.
    (c) Criminal Penalty.--
            (1) In general.--Subchapter III of chapter 73 of title 5, 
        United States Code, is amended by adding at the end the 
        following:
``Sec. 7327. Criminal penalty for Hatch Act violations
    ``(a) In General.--Any person who knowingly violates section 7323 
or 7324 shall be fined $50,000 (notwithstanding section 3571(e) of 
title 18), imprisoned for not more than 1 year, or both. 
Notwithstanding section 3571(e) of title 18, for each violation after 
the first, the fine applicable under this section shall be double the 
amount of the fine assessed for the previous violation.
    ``(b) Attorney Fees.--A court may assess against the United States 
reasonable attorney fees and other litigation costs reasonably incurred 
in any case under this section in which an employee has established, by 
a preponderance of the evidence, that a superior ordered or otherwise 
coerced the employee into taking any act that resulted in a violation 
of section 7323 or 7324.''.
            (2) Clerical amendment.--The table of sections for 
        subchapter III of chapter 73 of title 5, United States Code, is 
        amended by inserting after the item relating to section 7326 
        the following:

``7327. Criminal penalty for Hatch Act violations.''.
            (3) Training.--After the first violation by an individual 
        of section 7323 or 7324 of title 5, United States Code, that 
        individual shall be provided training by the employing agency 
        of the individual on how to avoid subsequent violations of 
        either such section.

SEC. 903. INCLUDING EXECUTIVE OFFICE OF THE PRESIDENT UNDER LIMITATION 
              ON NEPOTISM IN THE CIVIL SERVICE.

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

SEC. 904. DISCLOSURE OF HATCH ACT INVESTIGATIONS FOR CERTAIN POLITICAL 
              EMPLOYEES.

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

SEC. 905. CLARIFICATION ON CANDIDATES VISITING FEDERAL PROPERTY.

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

SEC. 906. APPLYING HATCH ACT TO PRESIDENT AND VICE PRESIDENT WHILE ON 
              FEDERAL PROPERTY.

    (a) In General.--Subchapter III of chapter 73 of title 5, United 
States Code, as amended by section 902(c), is further amended--
            (1) by redesignating sections 7326 and 7327 as sections 
        7327 and 7328, respectively; and
            (2) by inserting after section 7325 the following:
``Sec. 7326. Limitations on political activity of President and Vice 
              President while on White House grounds
    ``Notwithstanding section 7322(1), the prohibitions on political 
activity under sections 7323(a) and 7324 shall apply to the President 
and Vice President while the President and Vice President are on or in 
any part of the White House, or any part of the White House grounds, 
that is regularly used in the discharge of official duties.''.
    (b) Clerical Amendment.--The table of sections of subchapter III of 
chapter 73 of title 5, United States Code, as amended by section 
902(c), is further amended by striking the items relating to sections 
7326 and 7327 and inserting the following:

``7326. Limitations on political activity of President and Vice 
                            President while on Federal property.
``7327. Penalties.
``7327. Criminal penalty for Hatch Act violations.''.

SEC. 907. GRANTING THE OFFICE OF SPECIAL COUNSEL RULEMAKING AUTHORITY.

    Notwithstanding any other law, rule, or regulation, the Office of 
Special Counsel shall have exclusive authority to promulgate 
regulations with respect to authority granted to the Office under 
subchapter III of chapter 73 of title 5, United States Code.

SEC. 908. GREATER ACCOUNTABILITY FOR POLITICAL APPOINTEES.

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

SEC. 909. INVESTIGATING FORMER POLITICAL EMPLOYEES.

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

SEC. 910. GAO REVIEW OF REIMBURSABLE POLITICAL EVENTS.

    (a) In General.--Not later than 60 days after the date of enactment 
of this Act, the Comptroller General of the United States shall submit 
to Congress a report on reimbursable political events held at the White 
House or on the White House grounds during the period beginning on 
January 1, 1997, and ending on the date of enactment of this Act 
(referred to in this section as the ``covered period'').
    (b) Contents.--The report required under subsection (a) shall 
include the following:
            (1) Whether, during the covered period, the requirements in 
        annual appropriations Acts with respect to reimbursable 
        political events have been followed, including the requirements 
        under the heading ``Executive Residence At the White House--
        Reimbursable Expenses'' in title II of division D of the 
        Consolidated Appropriations Act, 2019 (Public Law 116-6).
            (2) An assessment of what constitutes a political event 
        during the covered period.
            (3) Whether an event that was not classified as a political 
        event during the covered period should have been classified as 
        such an event.
            (4) A review of any payment made by a political entity 
        under the terms of the requirements described in paragraph (1).
            (5) Recommendations for Congress on--
                    (A) a definition for the term ``political event'';
                    (B) how to assess whether presidential 
                administrations are following the requirements 
                described in paragraph (1); and
                    (C) how to hold presidential administrations 
                accountable if the requirements described in paragraph 
                (1) are not followed.

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

SEC. 911. DEFINITIONS.

    (a) In General.--Subject to subsection (b), in this subtitle:
            (1) Administration.--``Administration'' means each term of 
        office of the incumbent President serving at the time of the 
        appointment of an appointee.
            (2) Appointee.--The term ``appointee''--
                    (A) includes each individual appointed--
                            (i) to a full-time, noncareer position by 
                        the President or the Vice President;
                            (ii) to a position on the Executive 
                        Schedule under sections 5312 through 5316 of 
                        title 5, United States Code;
                            (iii) to a position as a noncareer 
                        appointee in the in the Senior Executive 
                        Service, as defined in section 3132(a) of title 
                        5, United States Code, or as a noncareer 
                        appointee under another comparable personnel 
                        system for senior personnel; or
                            (iv) to a position in an Executive agency 
                        excepted from the competitive service by reason 
                        of being of a confidential or policy-
                        determining character under schedule C of 
                        subpart C of part 213 of title 5, Code of 
                        Federal Regulations, or another position 
                        excepted from the competitive service under 
                        comparable criteria; and
                    (B) does not include any individual appointed to a 
                position in the Senior Foreign Service or solely as a 
                uniformed service commissioned officer.
            (3) Covered executive branch official; lobbying activities, 
        lobbyist.--The terms ``covered executive branch official'', 
        ``lobbying activities'', and ``lobbyist'' have the meanings 
        given those terms in section 3 of the Lobbying Disclosure Act 
        of 1995 (2 U.S.C. 1602).
            (4) Directly and substantially related to my former 
        employer or any former client.--The term ``directly and 
        substantially related to my former employer or any former 
        client'' means any matter in which the former employer or a 
        former client of an appointee is a party or represents a party 
        to the matter.
            (5) Executive agency.--The term ``Executive agency'' has 
        the meaning given the term ``Executive agency'' in section 105 
        of title 5, United States Code, except that such term--
                    (A) includes--
                            (i) the Executive Office of the President;
                            (ii) the United States Postal Service; and
                            (iii) the Postal Regulatory Commission; and
                    (B) does not include the Government Accountability 
                Office.
            (6) Former client.--The term ``former client''--
                    (A) means any person for whom an appointee, during 
                the 2-year period before the date of the appointment of 
                the appointee, served personally as agent, attorney, or 
                consultant, except that such service as an agent, 
                attorney, or consultant shall not include any instance 
                in which the service provided was limited to speeches 
                or similar appearances; and
                    (B) does not include any clients of the former 
                employer of the appointee to whom the appointee did not 
                personally provide services.
            (7) Former employer.--The term ``former employer''--
                    (A) means any person for whom an appointee, during 
                the 2-year period before the date of appointment of the 
                appointee, served as an employee, officer, director, 
                trustee, or general partner; and
                    (B) does not include any Executive agency or other 
                entity of the Federal Government, any State or local 
                government, the government of the District of Columbia, 
                any Tribal government, any government of a United 
                States territory or possession, or any international 
                organization of which the United States is a member 
                state.
            (8) Gift.--The term ``gift''--
                    (A) has the meaning given the term in section 
                2635.203(b) of title 5, Code of Federal Regulations;
                    (B) includes any gift that is indirectly solicited 
                or accepted, as defined under section 2635.203(f) of 
                title 5, Code of Federal Regulations; and
                    (C) does not include any item excepted under 
                subsections (b), (c), (e)(1), (e)(3), (j), or (l) of 
                section 2635.204 of title 5, Code of Federal 
                Regulations.
            (9) Government official.--The term ``Government official'' 
        means any employee of the executive branch of the Government.
            (10) Lobby.--The term ``lobby'' means to act or have acted 
        as a registered lobbyist.
            (11) Materially assist.--The term ``materially assist''--
                    (A) means to provide substantive assistance; and
                    (B) does not include--
                            (i) the provision of background or general 
                        education on a matter of law or policy based 
                        upon the subject matter expertise of an 
                        individual; or
                            (ii) any conduct or assistance permitted 
                        under section 207(j) of title 18, United States 
                        Code.
            (12) Participate.--The term ``participate'' means to 
        participate personally and substantially.
            (13) Particular matter.--The term ``particular matter'' has 
        the meaning given the term in section 207 of title 18, United 
        States Code, and section 2635.402(b)(3) of title 5, Code of 
        Federal Regulations.
            (14) Particular matter involving specific parties.--The 
        term ``particular matter involving specific parties'' has the 
        meaning given the term in section 2641.201(h) of title 5, Code 
        of Federal Regulations, except that the term shall also include 
        any meeting or other communication relating to the performance 
        of the official duties of an individual with a former employer 
        or former client of the individual, unless--
                    (A) the communication applies to a particular 
                matter of general applicability; and
                    (B) participation in the meeting or other event is 
                open to all interested parties.
            (15) Pledge.--The term ``pledge'' means the ethics pledge 
        under section 912.
            (16) Registered lobbyist or lobbying organization.--The 
        term ``registered lobbyist or lobbying organization'' means--
                    (A) any lobbyist or an organization filing a 
                registration pursuant to section 4 of the Lobbying 
                Disclosure Act of 1995 (2 U.S.C. 1603); and
                    (B) in the case of an organization filing such a 
                registration, includes each of the lobbyists of the 
                organization identified therein.
            (17) Senior white house staff.--The term ``Senior White 
        House staff'' means any person appointed by--
                    (A) the President to a position under subparagraph 
                (A) or (B) of section 105(a)(2) of title 3, United 
                States Code; or
                    (B) the Vice President to a position under 
                subparagraph (A) or (B) of section 106(a)(1) of title 
                3, United States Code.
    (b) Rule of Construction.--Any reference to a provision of Federal 
law, including any regulation, under this subtitle shall be construed 
to refer to any such provision in effect on January 20, 2021.

SEC. 912. ETHICS PLEDGE.

    Each appointee in each Executive agency appointed on or after 
January 20, 2021, shall sign, and upon signing shall be contractually 
committed to, an ethics pledge that states the following:
    ``I recognize that this pledge is part of a broader ethics in 
Government plan designed to restore and maintain public trust in 
Government, and I commit myself to conduct consistent with that plan. I 
commit to decision-making on the merits and exclusively in the public 
interest, without regard to private gain or personal benefit. I commit 
to conduct that upholds the independence of law enforcement and 
precludes improper interference with investigative or prosecutorial 
decisions of the Department of Justice. I commit to ethical choices of 
post-Government employment that do not raise the appearance that I have 
used my Government service for private gain, including by using 
confidential information acquired and relationships established for the 
benefit of future clients.
    ``Accordingly, as a condition, and in consideration, of my 
employment in the United States Government in a position invested with 
the public trust, I commit myself to the following obligations, which I 
understand are binding on me and are enforceable under law:
            ``(1) Lobbyist gift ban.--I will not accept any gift from 
        any registered lobbyist or lobbying organization for the 
        duration of my service as an appointee.
            ``(2) Revolving door ban; all appointees entering 
        government.--For a period of 2 years beginning on the date of 
        my appointment, I will not participate in any particular matter 
        involving specific parties that is directly and substantially 
        related to my former employer or former clients, including 
        regulations and contracts.
            ``(3) Revolving door ban; lobbyists and registered agents 
        entering government.--If, during the 2 year period before the 
        date of my appointment, I was registered under the Lobbying 
        Disclosure Act of 1995 (2 U.S.C. 1601 et seq.) or the Foreign 
        Agents Registration Act of 1938, as amended, (22 U.S.C. 611 et 
        seq.), in addition to abiding by the limitations of paragraph 
        (2), I will not, for a period of 2 years beginning on the date 
        of my appointment--
                    ``(A) participate in any particular matter with 
                respect to which I lobbied, or engaged in any activity 
                that would require registration under the Foreign 
                Agents Registration Act of 1938, as amended (22 U.S.C. 
                611 et seq.), during the 2-year period before the date 
                of my appointment;
                    ``(B) participate in the specific issue area 
                involving the particular matter described in 
                subparagraph (A); or
                    ``(C) seek or accept employment with any Executive 
                agency with respect to which I lobbied, or engaged in 
                any activity that would require registration under the 
                Foreign Agents Registration Act of 1938, as amended (22 
                U.S.C. 611 et seq.), during the 2-year period before 
                the date of my appointment.
            ``(4) Revolving door ban; appointees leaving government.--
        If, upon my departure from the Government, the post-employment 
        restrictions relating to communicating with employees of my 
        former Executive agency under section 207(c) of title 18, 
        United States Code, and any implementing regulations, apply to 
        me, I agree that I will abide by those restrictions for a 
        period of 2 years beginning on the last date of my appointment. 
        I will abide by those same restrictions with respect to 
        communicating with the Senior White House staff.
            ``(5) Revolving door ban; senior and very senior appointees 
        leaving government.--If, upon my departure from the Government, 
        the post-employment restrictions under subsections (c) or (d) 
        of section 207 of title 18, United States Code, and any 
        implementing regulations, apply to me, I agree that, in 
        addition to abiding by those restrictions, for a period of 1 
        year beginning on the last date of my appointment, I will not 
        materially assist any other person in making any communication 
        or appearance that I am prohibited from undertaking myself by--
                    ``(A) holding myself out as being available to 
                engage in lobbying activities in support of any such 
                communication or appearance; or
                    ``(B) engaging in any such lobbying activities.
            ``(6) Revolving door ban; appointees leaving government to 
        lobby.--In addition to abiding by the limitations under 
        paragraph (4), I also agree, upon leaving Government service, 
        not to lobby any covered executive branch official or non-
        career Senior Executive Service appointee, or engage in any 
        activity on behalf of any foreign government or foreign 
        political party that, if such activity was undertaken on 
        January 20, 2021, would require that I register under the 
        Foreign Agents Registration Act of 1938, as amended (22 U.S.C. 
        611 et seq.), for the remainder of the Administration or the 2-
        year period beginning on the last date of my appointment, 
        whichever is later.
            ``(7) Golden parachute ban.--I have not accepted and will 
        not accept, including after entering Government, any salary or 
        other cash payment from my former employer the eligibility for 
        and payment of which is limited to individuals accepting a 
        position in the United States Government. I also have not 
        accepted and will not accept any non-cash benefit from my 
        former employer that is provided in lieu of such a prohibited 
        cash payment.
            ``(8) Employment qualification commitment.--I agree that 
        any hiring or other employment decisions I make will be based 
        on the qualifications, competence, and experience of the 
        candidate.
            ``(9) Assent to enforcement.--I acknowledge that subtitle B 
        of title IX of the Protecting Our Democracy Act, which I have 
        read before signing this document, defines certain of the terms 
        applicable to the foregoing obligations and sets forth the 
        methods for enforcing them. I expressly accept the provisions 
        of that subtitle as a part of this agreement and as binding on 
        me. I understand that the terms of this pledge are in addition 
        to any statutory or other legal restrictions applicable to me 
        by virtue of Federal Government service.''.

SEC. 913. WAIVERS.

    (a) In General.--
            (1) Requirements for waiver.--The Director of the Office of 
        Management and Budget, in consultation with the Counsel to the 
        President, may grant to any current or former appointee a 
        written waiver of any restrictions contained in the pledge 
        signed by such appointee if, and to the extent that, the 
        Director of the Office of Management and Budget certifies in 
        writing--
                    (A) that the literal application of the restriction 
                is inconsistent with the purposes of the restriction; 
                or
                    (B) that, subject to subsection (c), it is in the 
                public interest to grant the waiver.
            (2) Contents.--Any waiver granted under paragraph (1) 
        shall--
                    (A) reflect the basis for the waiver; and
                    (B) in the case of a waiver of the restrictions 
                under subparagraph (B) or (C) of paragraph (3) of the 
                pledge, include a discussion of the findings with 
                respect to the considerations set forth in subsection 
                (c)(2) of this section.
    (b) Effective Date; Publication.--
            (1) Effective date.--A waiver granted under subsection (a) 
        shall take effect on the date on which the Director of the 
        Office of Management and Budget signs the waiver.
            (2) Publication.--The Director of the Office of Management 
        and Budget shall make any waiver granted under subsection (a) 
        public not later than 10 days after the waiver is granted.
    (c) Public Interest.--
            (1) In general.--With respect to consideration of the 
        public interest under subsection (a)(2)(B), the public interest 
        shall include exigent circumstances relating to national 
        security, the economy, public health, or the environment.
            (2) Specific considerations.--In determining whether it is 
        in the public interest to grant a waiver under subsection 
        (a)(2)(B) of the restrictions under subparagraph (B) or (C) of 
        paragraph (3) of the pledge, the responsible official may 
        consider the following factors--
                    (A) the need of the Government for the services of 
                the individual, including the existence of special 
                circumstances related to national security, the 
                economy, public health, or the environment of the 
                United States;
                    (B) the uniqueness of the qualifications of the 
                individual to meet the needs of the Government;
                    (C) the scope and nature of the prior lobbying 
                activities of the individual, including whether such 
                activities were de minimis or rendered on behalf of a 
                nonprofit organization; and
                    (D) the extent to which the purposes of the 
                restriction may be satisfied through other limitations 
                on the services of the individual, such as those 
                required by paragraph (3)(A) of the pledge.

SEC. 914. ADMINISTRATION.

    (a) In General.--The head of each Executive agency shall, in 
consultation with the Director of the Office of Government Ethics, 
establish such rules or procedures (conforming as nearly as practicable 
to the general ethics rules and procedures of the Executive agency, 
including those relating to designated agency ethics officials) as are 
necessary or appropriate to ensure--
            (1) that every appointee in the Executive agency signs the 
        pledge upon assuming the appointed office or otherwise becoming 
        an appointee;
            (2) that compliance with paragraph (3) of the pledge is 
        addressed in a written ethics agreement with each appointee to 
        whom it applies, which agreement shall also be approved by the 
        Counsel to the President prior to the appointee commencing 
        work;
            (3) that any spousal employment issue or other conflict not 
        expressly addressed by the pledge is addressed in ethics 
        agreements with appointees or, where no such agreements are 
        required, through ethics counseling; and
            (4) that the Executive agency generally complies with this 
        subtitle.
    (b) Executive Office of the President.--With respect to the 
Executive Office of the President, the duties set forth in subsection 
(a) shall be the responsibility of the Counsel to the President.
    (c) Director of the Office of Government Ethics General 
Responsibilities.--The Director of the Office of Government Ethics 
shall--
            (1) ensure that the pledge and a copy of this subtitle are 
        made available for use by each Executive agency in fulfilling 
        the duties of the Executive agency under subsection (a);
            (2) in consultation with the Attorney General or the 
        Counsel to the President, when appropriate, assist designated 
        agency ethics officials in providing advice to current or 
        former appointees regarding the application of the pledge; and
            (3) in consultation with the Attorney General and the 
        Counsel to the President, adopt such rules or procedures as are 
        necessary or appropriate--
                    (A) to carry out the foregoing responsibilities;
                    (B) to authorize limited exceptions to the lobbyist 
                gift ban under paragraph (1) of the pledge for 
                circumstances that do not implicate the purposes of the 
                ban;
                    (C) to make clear that no individual shall have 
                violated the lobbyist gift ban under paragraph (1) of 
                the pledge if the individual properly disposes of a 
                gift as provided under section 2635.206 of title 5, 
                Code of Federal Regulations;
                    (D) to ensure that existing rules and procedures 
                for Government employees engaged in negotiations for 
                future employment with private businesses that are 
                affected by the official actions of the employees do 
                not affect the integrity of the programs and operations 
                of the Government; and
                    (E) to ensure, in consultation with the Director of 
                the Office of Personnel Management, that the 
                requirement set forth in paragraph (6) of the pledge is 
                honored by every employee of the executive branch;
            (4) in consultation with the Director of the Office of 
        Management and Budget, submit a report to the President on 
        whether full compliance is being achieved with existing Federal 
        laws and regulations governing executive branch procurement 
        lobbying disclosure, provided that such report shall include--
                    (A) recommendations relating to steps the executive 
                branch can take to expand, to the fullest extent 
                practicable, disclosure of both executive branch 
                procurement lobbying and of lobbying for presidential 
                pardons; and
                    (B) recommendations relating to both immediate 
                actions the executive branch can take and, if 
                necessary, recommendations for legislation; and
            (5) provide an annual report on the administration of the 
        pledge and this subtitle.
    (d) Revolving Door Ban Report.--The Director of the Office of 
Government Ethics shall, in consultation with the Attorney General, the 
Counsel to the President, and the Director of the Office of Personnel 
Management, report to the President on steps the executive branch can 
take to expand to the fullest extent practicable the revolving door ban 
under paragraph (5) of the pledge to all executive branch employees who 
are involved in the procurement process such that those employees may 
not for 2 years after leaving Government service lobby any Government 
official regarding a Government contract that was under the official 
responsibility of the employee during the last 2 years of Government 
service of the employee. This report shall include both immediate 
actions the executive branch can take and, if necessary, 
recommendations for legislation.
    (e) Filing and Retention.--Each pledge signed by an appointee, and 
any waiver granted under section 913 with respect thereto, shall be 
filed with the head of the agency of the relevant appointee for 
permanent retention in the official personnel folder of the appointee 
or any equivalent folder.

SEC. 915. ENFORCEMENT.

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

SEC. 916. GENERAL PROVISIONS.

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

      TITLE X--PRESIDENTIAL AND VICE PRESIDENTIAL TAX TRANSPARENCY

SEC. 1001. PRESIDENTIAL AND VICE PRESIDENTIAL TAX TRANSPARENCY.

    (a) Definitions.--In this section--
            (1) The term ``covered candidate'' means a candidate of a 
        major party in a general election for the office of President 
        or Vice President.
            (2) The term ``income tax return'' means, with respect to 
        an individual, any return (as such term is defined in section 
        6103(b)(1) of the Internal Revenue Code of 1986, except that 
        such term shall not include declarations of estimated tax) of--
                    (A) such individual, other than information returns 
                issued to persons other than such individual; or
                    (B) of any corporation, partnership, or trust in 
                which such individual holds, directly or indirectly, a 
                significant interest as the sole or principal owner or 
                the sole or principal beneficial owner (as such terms 
                are defined in regulations prescribed by the 
                Secretary).
            (3) The term ``major party'' has the meaning given the term 
        in section 9002 of the Internal Revenue Code of 1986.
            (4) The term ``Secretary'' means the Secretary of the 
        Treasury or the delegate of the Secretary.
    (b) Disclosure.--
            (1) In general.--
                    (A) Candidates for president and vice president.--
                Not later than the date that is 15 days after the date 
                on which an individual becomes a covered candidate, the 
                individual shall submit to the Federal Election 
                Commission a copy of the individual's income tax 
                returns for the 10 most recent taxable years for which 
                a return has been filed with the Internal Revenue 
                Service.
                    (B) President and vice president.--With respect to 
                an individual who is the President or Vice President, 
                not later than the due date for the return of tax for 
                each taxable year, such individual shall submit to the 
                Federal Election Commission a copy of the individual's 
                income tax returns for the taxable year and for the 9 
                preceding taxable years.
                    (C) Transition rule for sitting presidents and vice 
                presidents.--Not later than the date that is 30 days 
                after the date of enactment of this section, an 
                individual who is the President or Vice President on 
                such date of enactment shall submit to the Federal 
                Election Commission a copy of the income tax returns 
                for the 10 most recent taxable years for which a return 
                has been filed with the Internal Revenue Service.
            (2) Failure to disclose.--If any requirement under 
        paragraph (1) to submit an income tax return is not met, the 
        chairman of the Federal Election Commission shall submit to the 
        Secretary a written request that the Secretary provide the 
        Federal Election Commission with the income tax return.
            (3) Publicly available.--The chairman of the Federal 
        Election Commission shall make publicly available each income 
        tax return submitted under paragraph (1) in the same manner as 
        a return provided under section 6103(l)(23) of the Internal 
        Revenue Code of 1986 (as added by this section).
            (4) Treatment under the federal election campaign act of 
        1971.--Section 304(a)(11) of the Federal Election Campaign Act 
        of 1971 (52 U.S.C. 30104(a)(11)) is amended by adding at the 
        end the following:
                    ``(E) An income tax return filed under the 
                Protecting Our Democracy Act shall be filed in 
                electronic form accessible by computers and shall be 
                treated as a report filed under and required by this 
                Act for purposes of subparagraphs (B) and (C), except 
                that if it would require considerable, extensive, and 
                significant time for the Commission to make redactions 
                to such a return, as required under section 1001(b)(3) 
                of the Protecting Our Democracy Act or subparagraph 
                (B)(ii) of section 6103(l)(23) of the Internal Revenue 
                Code of 1986, the Commission may make the return 
                available for public inspection more than 48 hours 
                after receipt by the Commission, but in no event later 
                than 30 days after receipt by the Commission.''.
    (c) Disclosure of Returns of Presidents and Vice Presidents and 
Certain Candidates for President and Vice President.--
            (1) In general.--Section 6103(l) of the Internal Revenue 
        Code of 1986 is amended by adding at the end the following new 
        paragraph:
            ``(23) Disclosure of return information of presidents and 
        vice presidents and certain candidates for president and vice 
        president.--
                    ``(A) In general.--Upon written request by the 
                chairman of the Federal Election Commission under 
                section 1001(b)(2) of the Protecting Our Democracy Act, 
                not later than the date that is 15 days after the date 
                of such request, the Secretary shall provide copies of 
                any return which is so requested to officers and 
                employees of the Federal Election Commission whose 
                official duties include disclosure or redaction of such 
                return under this paragraph.
                    ``(B) Disclosure to the public.--
                            ``(i) In general.--The chairman of the 
                        Federal Election Commission shall make publicly 
                        available any return which is provided under 
                        subparagraph (A).
                            ``(ii) Redaction of certain information.--
                        Before making publicly available under clause 
                        (i) any return, the chairman of the Federal 
                        Election Commission shall redact such 
                        information as the Federal Election Commission 
                        and the Secretary jointly determine is 
                        necessary for protecting against identity 
                        theft, such as social security numbers.''.
            (2) Conforming amendments.--Section 6103(p)(4) of such Code 
        is amended--
                    (A) in the matter preceding subparagraph (A) by 
                striking ``or (22)'' and inserting ``(22), or (23)''; 
                and
                    (B) in subparagraph (F)(ii) by striking ``or (22)'' 
                and inserting ``(22), or (23)''.
            (3) Effective date.--The amendments made by this subsection 
        shall apply to disclosures made on or after the date of 
        enactment of this Act.

                       DIVISION C--MISCELLANEOUS

         TITLE XI--REPORTING FOREIGN INTERFERENCE IN ELECTIONS

SEC. 1101. FEDERAL CAMPAIGN REPORTING OF FOREIGN CONTACTS.

    (a) Initial Notice.--
            (1) In general.--Section 304 of the Federal Election 
        Campaign Act of 1971 (52 U.S.C. 30104), as amended by section 
        309, is amended by adding at the end the following new 
        subsection:
    ``(i) Disclosure of Reportable Foreign Contacts.--
            ``(1) Committee obligation to notify.--Not later than 1 
        week after a reportable foreign contact, each political 
        committee shall notify the Federal Bureau of Investigation and 
        the Commission of the reportable foreign contact and provide a 
        summary of the circumstances with respect to such reportable 
        foreign contact. The Federal Bureau of Investigation, not later 
        than 1 week after receiving a notification from a political 
        committee under this paragraph, shall submit to the political 
        committee, the Permanent Select Committee on Intelligence of 
        the House of Representatives, and the Select Committee on 
        Intelligence of the Senate written or electronic confirmation 
        of receipt of the notification.
            ``(2) Individual obligation to notify.--Not later than 3 
        days after a reportable foreign contact--
                    ``(A) each candidate and each immediate family 
                member of a candidate shall notify the treasurer or 
                other designated official of the principal campaign 
                committee of such candidate of the reportable foreign 
                contact and provide a summary of the circumstances with 
                respect to such reportable foreign contact; and
                    ``(B) each official, employee, or agent of a 
                political committee shall notify the treasurer or other 
                designated official of the committee of the reportable 
                foreign contact and provide a summary of the 
                circumstances with respect to such reportable foreign 
                contact.
            ``(3) Reportable foreign contact.--In this subsection:
                    ``(A) In general.--The term `reportable foreign 
                contact' means any direct or indirect contact or 
                communication that--
                            ``(i) is between--
                                    ``(I) a candidate, an immediate 
                                family member of the candidate, a 
                                political committee, or any official, 
                                employee, or agent of such committee; 
                                and
                                    ``(II) an individual that the 
                                person described in subclause (I) 
                                knows, has reason to know, or 
                                reasonably believes is a covered 
                                foreign national; and
                            ``(ii) the person described in clause 
                        (i)(I) knows, has reason to know, or reasonably 
                        believes involves--
                                    ``(I) an offer or other proposal 
                                for a contribution, donation, 
                                expenditure, disbursement, or 
                                solicitation described in section 319; 
                                or
                                    ``(II) coordination or 
                                collaboration with, an offer or 
                                provision of information or services to 
                                or from, or persistent and repeated 
                                contact with, a covered foreign 
                                national in connection with an 
                                election.
                    ``(B) Exceptions.--
                            ``(i) Contacts in official capacity as 
                        elected official.--The term `reportable foreign 
                        contact' shall not include any contact or 
                        communication with a covered foreign national 
                        by an elected official or an employee of an 
                        elected official solely in an official capacity 
                        as such an official or employee.
                            ``(ii) Contacts for purposes of enabling 
                        observation of elections by international 
                        observers.--The term `reportable foreign 
                        contact' shall not include any contact or 
                        communication with a covered foreign national 
                        by any person which is made for purposes of 
                        enabling the observation of elections in the 
                        United States by a foreign national or the 
                        observation of elections outside of the United 
                        States by a candidate, political committee, or 
                        any official, employee, or agent of such 
                        committee.
                            ``(iii) Exceptions not applicable if 
                        contacts or communications involve prohibited 
                        disbursements.--A contact or communication by 
                        an elected official or an employee of an 
                        elected official shall not be considered to be 
                        made solely in an official capacity for 
                        purposes of clause (i), and a contact or 
                        communication shall not be considered to be 
                        made for purposes of enabling the observation 
                        of elections for purposes of clause (ii), if 
                        the contact or communication involves a 
                        contribution, donation, expenditure, 
                        disbursement, or solicitation described in 
                        section 319.
                    ``(C) Covered foreign national defined.--
                            ``(i) In general.--In this paragraph, the 
                        term `covered foreign national' means--
                                    ``(I) a foreign principal (as 
                                defined in section 1(b) of the Foreign 
                                Agents Registration Act of 1938 (22 
                                U.S.C. 611(b))) that is a government of 
                                a foreign country or a foreign 
                                political party;
                                    ``(II) any person who acts as an 
                                agent, representative, employee, or 
                                servant, or any person who acts in any 
                                other capacity at the order, request, 
                                or under the direction or control, of a 
                                foreign principal described in 
                                subclause (I) or of a person any of 
                                whose activities are directly or 
                                indirectly supervised, directed, 
                                controlled, financed, or subsidized in 
                                whole or in major part by a foreign 
                                principal described in subclause (I); 
                                or
                                    ``(III) any person included in the 
                                list of specially designated nationals 
                                and blocked persons maintained by the 
                                Office of Foreign Assets Control of the 
                                Department of the Treasury pursuant to 
                                authorities relating to the imposition 
                                of sanctions relating to the conduct of 
                                a foreign principal described in 
                                subclause (I).
                            ``(ii) Clarification regarding application 
                        to citizens of the united states.--In the case 
                        of a citizen of the United States, subclause 
                        (II) of clause (i) applies only to the extent 
                        that the person involved acts within the scope 
                        of that person's status as the agent of a 
                        foreign principal described in subclause (I) of 
                        clause (i).
            ``(4) Immediate family member.--In this subsection, the 
        term `immediate family member' means, with respect to a 
        candidate, a parent, parent-in-law, spouse, adult child, or 
        sibling.''.
            (2) Effective date.--The amendment made by paragraph (1) 
        shall apply with respect to reportable foreign contacts which 
        occur on or after the date of the enactment of this Act.
    (b) Information Included on Report.--
            (1) In general.--Section 304(b) of such Act (52 U.S.C. 
        30104(b)) is amended--
                    (A) by striking ``and'' at the end of paragraph 
                (7);
                    (B) by striking the period at the end of paragraph 
                (8) and inserting ``; and''; and
                    (C) by adding at the end the following new 
                paragraph:
            ``(9) for any reportable foreign contact (as defined in 
        subsection (i)(3))--
                    ``(A) the date, time, and location of the contact;
                    ``(B) the date and time of when a designated 
                official of the committee was notified of the contact;
                    ``(C) the identity of individuals involved; and
                    ``(D) a description of the contact, including the 
                nature of any contribution, donation, expenditure, 
                disbursement, or solicitation involved and the nature 
                of any activity described in subsection 
                (i)(3)(A)(ii)(II) involved.''.
            (2) Effective date.--The amendments made by paragraph (1) 
        shall apply with respect to reports filed on or after the 
        expiration of the 60-day period which begins on the date of the 
        enactment of this Act.

SEC. 1102. FEDERAL CAMPAIGN FOREIGN CONTACT REPORTING COMPLIANCE 
              SYSTEM.

    (a) In General.--Section 302 of the Federal Election Campaign Act 
of 1971 (52 U.S.C. 30102) is amended by adding at the end the following 
new subsection:
    ``(j) Reportable Foreign Contacts Compliance Policy.--
            ``(1) Reporting.--Each political committee shall establish 
        a policy that requires all officials, employees, and agents of 
        such committee to notify the treasurer or other appropriate 
        designated official of the committee of any reportable foreign 
        contact (as defined in section 304(i)) not later than 3 days 
        after such contact was made.
            ``(2) Retention and preservation of records.--Each 
        political committee shall establish a policy that provides for 
        the retention and preservation of records and information 
        related to reportable foreign contacts (as so defined) for a 
        period of not less than 3 years.
            ``(3) Certification.--
                    ``(A) In general.--Upon filing its statement of 
                organization under section 303(a), and with each report 
                filed under section 304(a), the treasurer of each 
                political committee (other than an authorized 
                committee) shall certify that--
                            ``(i) the committee has in place policies 
                        that meet the requirements of paragraphs (1) 
                        and (2);
                            ``(ii) the committee has designated an 
                        official to monitor compliance with such 
                        policies; and
                            ``(iii) not later than 1 week after the 
                        beginning of any formal or informal affiliation 
                        with the committee, all officials, employees, 
                        and agents of such committee will--
                                    ``(I) receive notice of such 
                                policies;
                                    ``(II) be informed of the 
                                prohibitions under section 319; and
                                    ``(III) sign a certification 
                                affirming their understanding of such 
                                policies and prohibitions.
                    ``(B) Authorized committees.--With respect to an 
                authorized committee, the candidate shall make the 
                certification required under subparagraph (A).''.
    (b) Effective Date.--
            (1) In general.--The amendment made by subsection (a) shall 
        apply with respect to political committees which file a 
        statement of organization under section 303(a) of the Federal 
        Election Campaign Act of 1971 (52 U.S.C. 30103(a)) on or after 
        the date of the enactment of this Act.
            (2) Transition rule for existing committees.--Not later 
        than 30 days after the date of the enactment of this Act, each 
        political committee under the Federal Election Campaign Act of 
        1971 shall file a certification with the Federal Election 
        Commission that the committee is in compliance with the 
        requirements of section 302(j) of such Act (as added by 
        subsection (a)).

SEC. 1103. CRIMINAL PENALTIES.

    Section 309(d)(1) of the Federal Election Campaign Act of 1971 (52 
U.S.C. 30109(d)(1)) is amended by adding at the end the following new 
subparagraphs:
                    ``(E) Any person who knowingly and willfully 
                commits a violation of subsection (i) or (b)(9) of 
                section 304 or section 302(j) shall be fined not more 
                than $500,000, imprisoned not more than 5 years, or 
                both.
                    ``(F) Any person who knowingly and willfully 
                conceals or destroys any materials relating to a 
                reportable foreign contact (as defined in section 
                304(i)) shall be fined not more than $1,000,000, 
                imprisoned not more than 5 years, or both.''.

SEC. 1104. REPORT TO CONGRESSIONAL INTELLIGENCE COMMITTEES.

    (a) In General.--Not later than 1 year after the date of enactment 
of this Act, and annually thereafter, the Director of the Federal 
Bureau of Investigation shall submit to the congressional intelligence 
committees a report relating to notifications received by the Federal 
Bureau of Investigation under section 304(i)(1) of the Federal Election 
Campaign Act of 1971 (as added by section 1101(a) of this Act).
    (b) Elements.--Each report under subsection (a) shall include, at a 
minimum, the following with respect to notifications described in 
subsection (a):
            (1) The number of such notifications received from 
        political committees during the year covered by the report.
            (2) A description of protocols and procedures developed by 
        the Federal Bureau of Investigation relating to receipt and 
        maintenance of records relating to such notifications.
            (3) With respect to such notifications received during the 
        year covered by the report, a description of any subsequent 
        actions taken by the Director resulting from the receipt of 
        such notifications.
    (c) Congressional Intelligence Committees Defined.--In this 
section, the term ``congressional intelligence committees'' has the 
meaning given that term in section 3 of the National Security Act of 
1947 (50 U.S.C. 3003).

SEC. 1105. RULE OF CONSTRUCTION.

    Nothing in this title or the amendments made by this title shall be 
construed--
            (1) to impede legitimate journalistic activities; or
            (2) to impose any additional limitation on the right to 
        express political views or to participate in public discourse 
        of any individual who--
                    (A) resides in the United States;
                    (B) is not a citizen of the United States or a 
                national of the United States, as defined in section 
                101(a)(22) of the Immigration and Nationality Act (8 
                U.S.C. 1101(a)(22)); and
                    (C) is not lawfully admitted for permanent 
                residence, as defined by section 101(a)(20) of the 
                Immigration and Nationality Act (8 U.S.C. 1101(a)(20)).

        TITLE XII--ELIMINATING FOREIGN INTERFERENCE IN ELECTIONS

SEC. 1201. CLARIFICATION OF APPLICATION OF FOREIGN MONEY BAN.

    (a) Clarification of Treatment of Provision of Certain Information 
as Contribution or Donation of a Thing of Value.--Section 319 of the 
Federal Election Campaign Act of 1971 (52 U.S.C. 30121) is amended by 
adding at the end the following new subsection:
    ``(c) Clarification of Treatment of Provision of Certain 
Information as Contribution or Donation of a Thing of Value.--For 
purposes of this section, a `contribution or donation of money or other 
thing of value' includes the provision of opposition research, polling, 
or other non-public information relating to a candidate for election 
for a Federal, State, or local office for the purpose of influencing 
the election, regardless of whether such research, polling, or 
information has monetary value, except that nothing in this subsection 
shall be construed to treat the mere provision of an opinion about a 
candidate as a thing of value for purposes of this section.''.
    (b) Clarification of Application of Foreign Money Ban to All 
Contributions and Donations of Things of Value and to All Solicitations 
of Contributions and Donations of Things of Value.--Section 319(a) of 
such Act (52 U.S.C. 30121(a)) is amended--
            (1) in paragraph (1)(A), by striking ``promise to make a 
        contribution or donation'' and inserting ``promise to make such 
        a contribution or donation'';
            (2) in paragraph (1)(B), by striking ``donation'' and 
        inserting ``donation of money or other thing of value, or to 
        make an express or implied promise to make such a contribution 
        or donation,''; and
            (3) by amending paragraph (2) to read as follows:
            ``(2) a person to solicit, accept, or receive (directly or 
        indirectly) a contribution or donation described in 
        subparagraph (A) or (B) of paragraph (1), or to solicit, 
        accept, or receive (directly or indirectly) an express or 
        implied promise to make such a contribution or donation, from a 
        foreign national.''.
    (c) Enhanced Penalty for Certain Violations.--
            (1) In general.--Section 309(d)(1) of such Act (52 U.S.C. 
        30109(d)(1)), as amended by section 1103, is further amended by 
        adding at the end the following new subparagraph:
                    ``(G)(i) Any person who knowingly and willfully 
                commits a violation of section 319 which involves a 
                foreign national which is a government of a foreign 
                country or a foreign political party, or which involves 
                a thing of value consisting of the provision of 
                opposition research, polling, or other non-public 
                information relating to a candidate for election for a 
                Federal, State, or local office for the purpose of 
                influencing the election, shall be fined under title 
                18, United States Code, or imprisoned for not more than 
                5 years, or both.
                    ``(ii) In clause (i), each of the terms `government 
                of a foreign country' and `foreign political party' has 
                the meaning given such term in section 1 of the Foreign 
                Agents Registration Act of 1938, as Amended (22 U.S.C. 
                611).''.
            (2) Effective date.--The amendment made by paragraph (1) 
        shall apply with respect to violations committed on or after 
        the date of the enactment of this Act.

SEC. 1202. REQUIRING ACKNOWLEDGMENT OF FOREIGN MONEY BAN BY POLITICAL 
              COMMITTEES.

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

SEC. 1203. PROHIBITION ON CONTRIBUTIONS AND DONATIONS BY FOREIGN 
              NATIONALS IN CONNECTION WITH BALLOT INITIATIVES AND 
              REFERENDA.

    (a) In General.--Section 319(a)(1)(A) of the Federal Election 
Campaign Act of 1971 (52 U.S.C. 30121(a)(1)(A)) is amended by striking 
``State, or local election'' and inserting the following: ``State, or 
local election, including a State or local ballot initiative or 
referendum''.
    (b) Effective Date.--The amendment made by this section shall apply 
with respect to elections held in 2024 or any succeeding year.

                         TITLE XIII--HONEST ADS

SEC. 1301. SHORT TITLE.

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

SEC. 1302. PURPOSE.

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

SEC. 1303. SENSE OF CONGRESS.

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

SEC. 1304. EXPANSION OF DEFINITION OF PUBLIC COMMUNICATION.

    (a) In General.--Paragraph (22) of section 301 of the Federal 
Election Campaign Act of 1971 (52 U.S.C. 30101(22)) is amended by 
striking ``or satellite communication'' and inserting ``satellite, paid 
internet, or paid digital communication''.
    (b) Treatment of Contributions and Expenditures.--Section 301 of 
such Act (52 U.S.C. 30101) is amended--
            (1) in paragraph (8)(B)(v), by striking ``on broadcasting 
        stations, or in newspapers, magazines, or similar types of 
        general public political advertising'' and inserting ``in any 
        public communication''; and
            (2) in paragraph (9)(B)--
                    (A) by amending clause (i) to read as follows:
                            ``(i) any news story, commentary, or 
                        editorial distributed through the facilities of 
                        any broadcasting station or any print, online, 
                        or digital newspaper, magazine, publication, 
                        periodical, blog, or platform, unless such 
                        broadcasting, print, online, or digital 
                        facilities are owned or controlled by any 
                        political party, political committee, or 
                        candidate;''; and
                    (B) in clause (iv), by striking ``on broadcasting 
                stations, or in newspapers, magazines, or similar types 
                of general public political advertising'' and inserting 
                ``in any public communication''.
    (c) Disclosure and Disclaimer Statements.--Subsection (a) of 
section 318 of such Act (52 U.S.C. 30120) is amended--
            (1) by striking ``financing any communication through any 
        broadcasting station, newspaper, magazine, outdoor advertising 
        facility, mailing, or any other type of general public 
        political advertising'' and inserting ``financing any public 
        communication''; and
            (2) by striking ``solicits any contribution through any 
        broadcasting station, newspaper, magazine, outdoor advertising 
        facility, mailing, or any other type of general public 
        political advertising'' and inserting ``solicits any 
        contribution through any public communication''.
    (d) Effective Date.--The amendments made by this section shall take 
effect on the date of the enactment of this Act and shall take effect 
without regard to whether or not the Federal Election Commission has 
promulgated the final regulations necessary to carry out this part and 
the amendments made by this part by the deadline set forth in 
subsection (e).
    (e) Regulation.--Not later than 1 year after the date of the 
enactment of this Act, the Federal Election Commission shall promulgate 
regulations on what constitutes a paid internet or paid digital 
communication for purposes of paragraph (22) of section 301 of the 
Federal Election Campaign Act of 1971 (52 U.S.C. 30101(22)), as amended 
by subsection (a), except that such regulation shall not define a paid 
internet or paid digital communication to include communications for 
which the only payment consists of internal resources, such as employee 
compensation, of the entity paying for the communication.

SEC. 1305. EXPANSION OF DEFINITION OF ELECTIONEERING COMMUNICATION.

    (a) Expansion to Online Communications.--
            (1) Application to qualified internet and digital 
        communications.--
                    (A) In general.--Subparagraph (A) of section 
                304(f)(3) of the Federal Election Campaign Act of 1971 
                (52 U.S.C. 30104(f)(3)(A)) is amended by striking ``or 
                satellite communication'' each place it appears in 
                clauses (i) and (ii) and inserting ``satellite, or 
                qualified internet or digital communication''.
                    (B) Qualified internet or digital communication.--
                Paragraph (3) of section 304(f) of such Act (52 U.S.C. 
                30104(f)) is amended by adding at the end the following 
                new subparagraph:
                    ``(D) Qualified internet or digital 
                communication.--The term `qualified internet or digital 
                communication' means any communication which is placed 
                or promoted for a fee on an online platform (as defined 
                in subsection (j)(3)).''.
            (2) Nonapplication of relevant electorate to online 
        communications.--Section 304(f)(3)(A)(i)(III) of such Act (52 
        U.S.C. 30104(f)(3)(A)(i)(III)) is amended by inserting ``any 
        broadcast, cable, or satellite'' before ``communication''.
            (3) News exemption.--Section 304(f)(3)(B)(i) of such Act 
        (52 U.S.C. 30104(f)(3)(B)(i)) is amended to read as follows:
                            ``(i) a communication appearing in a news 
                        story, commentary, or editorial distributed 
                        through the facilities of any broadcasting 
                        station or any online or digital newspaper, 
                        magazine, publication, periodical, blog, or 
                        platform, unless such broadcasting, online, or 
                        digital facilities are owned or controlled by 
                        any political party, political committee, or 
                        candidate;''.
    (b) Effective Date.--The amendments made by this section shall 
apply with respect to communications made on or after January 1, 2024, 
and shall take effect without regard to whether or not the Federal 
Election Commission has promulgated regulations to carry out such 
amendments.

SEC. 1306. APPLICATION OF DISCLAIMER STATEMENTS TO ONLINE 
              COMMUNICATIONS.

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

SEC. 1307. POLITICAL RECORD REQUIREMENTS FOR ONLINE PLATFORMS.

    (a) In General.--Section 304 of the Federal Election Campaign Act 
of 1971 (52 U.S.C. 30104), as amended by sections 309 and 1101, is 
amended by adding at the end the following new subsection:
    ``(j) Disclosure of Certain Online Advertisements.--
            ``(1) In general.--
                    ``(A) Requirements for online platforms.--
                            ``(i) In general.--An online platform shall 
                        maintain, and make available for online public 
                        inspection in machine readable format, a 
                        complete record of any qualified political 
                        advertisement which is purchased by a person 
                        whose aggregate purchases of qualified 
                        political advertisements on such online 
                        platform during the calendar year exceeds $500.
                            ``(ii) Requirement relating to political 
                        ads sold by third-party advertising vendors.--
                        An online platform that displays a qualified 
                        political advertisement sold by a third-party 
                        advertising vendor shall include on its own 
                        platform--
                                    ``(I) an easily accessible and 
                                identifiable link to the records 
                                maintained by the third-party 
                                advertising vendor under clause (i) 
                                regarding such qualified political 
                                advertisement; or
                                    ``(II) in any case in which the 
                                third-party advertising vendor does not 
                                make such records available, a 
                                statement that no records from the 
                                third-party advertising vendors records 
                                are available.
                    ``(B) Requirements for advertisers.--Any person who 
                purchases a qualified political advertisement on an 
                online platform shall provide the online platform with 
                such information as is necessary for the online 
                platform to comply with the requirements of 
                subparagraph (A).
            ``(2) Contents of record.--A record maintained under 
        paragraph (1)(A) shall contain--
                    ``(A) a digital copy of the qualified political 
                advertisement;
                    ``(B) a description of the audience that received 
                the advertisement, the number of views generated from 
                the advertisement, and the date and time that the 
                advertisement is first displayed and last displayed; 
                and
                    ``(C) information regarding--
                            ``(i) the total cost of the advertisement 
                        (which may be rounded to the nearest $100);
                            ``(ii) the name of the candidate to which 
                        the advertisement refers and the office to 
                        which the candidate is seeking election, the 
                        election to which the advertisement refers, or 
                        the national legislative issue to which the 
                        advertisement refers (as applicable);
                            ``(iii) in the case of a request made by, 
                        or on behalf of, a candidate, the name of the 
                        candidate, the authorized committee of the 
                        candidate, and the treasurer of such committee; 
                        and
                            ``(iv) in the case of any request not 
                        described in clause (iii), the name of the 
                        person purchasing the advertisement, the name 
                        and address of a contact person for such 
                        person, and a list of the chief executive 
                        officers or members of the executive committee 
                        or of the board of directors of such person.
            ``(3) Online platform.--
                    ``(A) In general.--For purposes of this subsection, 
                subject to subparagraph (B), the term `online platform' 
                means any public-facing website, web application, or 
                digital application (including a social network, ad 
                network, or search engine) which--
                            ``(i)(I) sells qualified political 
                        advertisements; and
                            ``(II) has 50,000,000 or more unique 
                        monthly United States visitors or users for a 
                        majority of months during the preceding 12 
                        months; or
                            ``(ii) is a third-party advertising vendor 
                        that has 50,000,000 or more unique monthly 
                        United States visitors in the aggregate on any 
                        advertisement space that it has sold or bought 
                        for a majority of months during the preceding 
                        12 months, as measured by an independent 
                        digital ratings service accredited by the Media 
                        Ratings Council (or its successor).
                    ``(B) Exemption.--Such term shall not include any 
                online platform that is a distribution facility of any 
                broadcasting station or newspaper, magazine, blog, 
                publication, or periodical.
                    ``(C) Third-party advertising vendor defined.--For 
                purposes of this subsection, the term `third-party 
                advertising vendor' includes any third-party 
                advertising vendor network, advertising agency, 
                advertiser, or third-party advertisement serving 
                company that buys and sells advertisement space on 
                behalf of unaffiliated third-party websites, search 
                engines, digital applications, or social media sites.
            ``(4) Qualified political advertisement.--For purposes of 
        this subsection, the term `qualified political advertisement' 
        means any advertisement (including search engine marketing, 
        display advertisements, video advertisements, native 
        advertisements, and sponsorships) that--
                    ``(A) is made by or on behalf of a candidate; or
                    ``(B) communicates a message relating to any 
                political matter of national importance, including--
                            ``(i) a candidate;
                            ``(ii) any election to Federal office; or
                            ``(iii) a national legislative issue of 
                        public importance.
            ``(5) Time to maintain file.--The information required 
        under this subsection shall be made available as soon as 
        possible and shall be retained by the online platform for a 
        period of not less than 4 years.
            ``(6) Special rule.--For purposes of this subsection, 
        multiple versions of an advertisement that contain no material 
        differences (such as versions that differ only because they 
        contain a recipient's name, or differ only in size, color, 
        font, or layout) may be treated as a single qualified political 
        advertisement.
            ``(7) Penalties.--For penalties for failure by online 
        platforms, and persons requesting to purchase a qualified 
        political advertisement on online platforms, to comply with the 
        requirements of this subsection, see section 309.''.
    (b) Effective Date.--The amendments made by this section shall take 
effect on the date of the enactment of this Act and shall take effect 
without regard to whether or not the Federal Election Commission has 
promulgated the final regulations necessary to carry out this part and 
the amendments made by this part by the deadline set forth in 
subsection (c).
    (c) Rulemaking.--Not later than 120 days after the date of the 
enactment of this Act, the Federal Election Commission shall establish 
rules--
            (1) for determining whether an advertisement communicates a 
        national legislative issue for purposes of section 304(j) of 
        the Federal Election Campaign Act of 1971 (as added by 
        subsection (a));
            (2) requiring common data formats for the record required 
        to be maintained under such section 304(j) so that all online 
        platforms submit and maintain data online in a common, machine-
        readable and publicly accessible format; and
            (3) establishing search interface requirements relating to 
        such record, including searches by candidate name, issue, 
        purchaser, and date.
    (d) Reporting.--Not later than 2 years after the date of the 
enactment of this Act, and biannually thereafter, the Chairman of the 
Federal Election Commission shall submit a report to Congress on--
            (1) matters relating to compliance with and the enforcement 
        of the requirements of section 304(j) of the Federal Election 
        Campaign Act of 1971, as added by subsection (a);
            (2) recommendations for any modifications to such section 
        to assist in carrying out its purposes; and
            (3) identifying ways to bring transparency and 
        accountability to political advertisements distributed online 
        for free.

SEC. 1308. PREVENTING CONTRIBUTIONS, EXPENDITURES, INDEPENDENT 
              EXPENDITURES, AND DISBURSEMENTS FOR ELECTIONEERING 
              COMMUNICATIONS BY FOREIGN NATIONALS IN THE FORM OF ONLINE 
              ADVERTISING.

    Section 319 of the Federal Election Campaign Act of 1971 (52 U.S.C. 
30121), as amended by section 1201, is amended by redesignating 
subsections (b) and (c) as subsections (c) and (d), respectively, and 
by inserting after subsection (a) the following new subsection:
    ``(b) Responsibilities of Broadcast Stations, Providers of Cable 
and Satellite Television, and Online Platforms.--
            ``(1) In general.--Each television or radio broadcast 
        station, provider of cable or satellite television, or online 
        platform (as defined in section 304(j)(3)) shall make 
        reasonable efforts to ensure that communications described in 
        section 318(a) and made available by such station, provider, or 
        platform are not purchased by a foreign national, directly or 
        indirectly.
            ``(2) Regulations.--Not later than 1 year after the date of 
        the enactment of this subsection, the Commission shall 
        promulgate regulations on what constitutes reasonable efforts 
        under paragraph (1).''.

SEC. 1309. REQUIRING ONLINE PLATFORMS TO DISPLAY NOTICES IDENTIFYING 
              SPONSORS OF POLITICAL ADVERTISEMENTS AND TO ENSURE 
              NOTICES CONTINUE TO BE PRESENT WHEN ADVERTISEMENTS ARE 
              SHARED.

    (a) In General.--Section 304 of the Federal Election Campaign Act 
of 1971 (52 U.S.C. 30104), as amended by sections 309, 1101, and 
1307(a), is amended by adding at the end the following new subsection:
    ``(k) Ensuring Display and Sharing of Sponsor Identification in 
Online Political Advertisements.--
            ``(1) Requirement.--Any online platform that displays a 
        qualified political advertisement (regardless of whether such 
        qualified political advertisement was purchased directly from 
        the online platform) shall--
                    ``(A) display with the advertisement a visible 
                notice identifying the sponsor of the advertisement 
                (or, if it is not practical for the platform to display 
                such a notice, a notice that the advertisement is 
                sponsored by a person other than the platform); and
                    ``(B) ensure that the notice will continue to be 
                displayed if a viewer of the advertisement shares the 
                advertisement with others on that platform.
            ``(2) Safe harbor.--An online platform shall not be treated 
        as having failed to comply with the requirements of paragraph 
        (1)(A) for the misidentification of a person as the sponsor of 
        the advertisement if--
                    ``(A) the person placing the online advertisement 
                designated the person displayed in the advertisement as 
                the sponsor; and
                    ``(B) the online platform relied on such 
                designation in good faith.
            ``(3) Definitions.--In this subsection--
                    ``(A) the term `online platform' has the meaning 
                given such term in subsection (j)(3);
                    ``(B) the term ``qualified political advertisement' 
                has the meaning given such term in subsection (j)(4); 
                and
                    ``(C) the term `sponsor' means the person 
                purchasing the advertisement.''.
    (b) Effective Date.--The amendment made by subsection (a) shall 
apply with respect to advertisements displayed on or after the 120-day 
period which begins on the date of the enactment of this Act and shall 
take effect without regard to whether or not the Federal Election 
Commission has promulgated regulations to carry out such amendments.

                TITLE XIV--PREVENTING A PATRONAGE SYSTEM

SEC. 1401. SHORT TITLE.

    This title may be cited as the ``Saving the Civil Service Act''.

SEC. 1402. LIMITATIONS ON EXCEPTING POSITIONS FROM COMPETITIVE SERVICE 
              AND TRANSFERRING POSITIONS.

    (a) In General.--A position in the competitive service may not be 
excepted from the competitive service unless such position is placed--
            (1) in any of the schedules A through E as described in 
        section 6.2 of title 5, Code of Federal Regulations, as in 
        effect on September 30, 2020; and
            (2) under the terms and conditions under part 6 of such 
        title as in effect on such date.
    (b) Transfers.--
            (1) Within excepted service.--A position in the excepted 
        service may not be transferred to any schedule other than a 
        schedule described in subsection (a)(1).
            (2) OPM consent required.--An agency may not transfer any 
        occupied position from the competitive service or excepted 
        service into schedule C of subpart C of part 213 of title 5, 
        Code of Federal Regulations, without the prior consent of the 
        Director.
            (3) Limit during presidential term.--During any 4-year 
        presidential term, an agency may not transfer from the 
        competitive service into the excepted service a total number of 
        employees that is more than 1 percent of the total number of 
        employees at such agency as of the first day of such term, or 5 
        employees, whichever is greater.
            (4) Employee consent required.--Notwithstanding any other 
        provision of this section--
                    (A) an employee who occupies a position in the 
                excepted service may not be transferred to an excepted 
                service schedule other than the schedule in which such 
                position is located without the prior written consent 
                of the employee; and
                    (B) an employee who occupies a position in the 
                competitive service may not be transferred to the 
                excepted service without the employee's prior written 
                consent.
    (c) Other Matters.--
            (1) Application.--Notwithstanding section 7425(b) of title 
        38, United States Code, this section shall apply to positions 
        under chapters 73 and 74 of such title.
            (2) Regulations.--The Director shall issue regulations to 
        implement this section.
    (d) Definitions.--In this section--
            (1) the term ``agency'' means any department, agency, or 
        instrumentality of the Federal Government;
            (2) the term ``competitive service'' has the meaning given 
        that term in section 2102 of title 5, United States Code;
            (3) the term ``Director'' means the Director of the Office 
        of Personnel Management; and
            (4) the term ``excepted service'' has the meaning given 
        that term in section 2103 of title 5, United States Code.

           TITLE XV--USE OF FEDERAL PROPERTY; VISITOR RECORDS

SEC. 1501. PROHIBITION ON USE OF FEDERAL PROPERTY FOR POLITICAL 
              CONVENTIONS.

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

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

SEC. 1502. IMPROVING ACCESS TO INFLUENTIAL VISITOR ACCESS RECORDS.

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

                        DIVISION D--SEVERABILITY

                        TITLE XVI--SEVERABILITY

SEC. 1601. SEVERABILITY.

    If any provision of this Act or any amendment made by this Act, or 
the application of a provision of this Act or an amendment made by this 
Act to any person or circumstance, is held to be unconstitutional, the 
remainder of this Act, and the application of the provisions to any 
person or circumstance, shall not be affected by the holding.
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